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Agenda Packet - 03-17-2020 CC HA Agenda - Final
AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY CALIFORNIA NATIONAL CI7ny INCORPORATED ALEJANDRA SOTELO-SOLIS Mayor 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, MARCH 17, 2020 - 6:00 PM ORDER OF BUSINESS: Public sessions of all Regular Meetings of the City Council / Community Development Commission - Housing Authority (hereafter referred to as Elected Body) begin at 6:00 p.m. on the first and third Tuesday of each month. Public Hearings begin at 6:00 p.m. unless otherwise noted. Closed Meetings begin in Open Session at 5:00 p.m. or such other time as noted, and after announcing closed session items, convenes into a Closed Meeting. If a workshop is scheduled, the subject and time of the workshop will appear on the agenda. The Mayor and Council members also sit as the Chairperson and Members of the Board of the Community Development Commission (CDC). REPORTS: All open session agenda items and reports as well as all documents and writings distributed to the Elected Body less than 72 hours prior to the meeting, are available for review at the entry to the Council Chambers. Regular Meetings of the Elected Body are webcast and archived on the City's website www.nationalcityca.gov. PUBLIC COMMENTS: Prior to the Business portion of the agenda, the Elected Body will receive public comments regarding any matters within the jurisdiction of the City and/or the Community Development Commission. Members of the public may also address any item on the agenda at the time the item is considered by the Elected Body. Persons who wish to address the Elected Body are requested to fill out a "Request to Speak" form available at the entrance to the City Council Chambers, and turn in the completed form to the City Clerk. The Mayor or Chairperson will separately call for testimony of those persons who have turned in a "Request to Speak" form. If you wish to speak, please step to the podium at the appropriate time and state your name and address (optional) for the record. The time limit established for public testimony is three minutes per speaker unless a different time limit is announced. Speakers are encouraged to be brief. The Mayor or Chairperson may limit the length of comments due to the number of persons wishing to speak or if comments become repetitious or unrelated. WRITTEN AGENDA: With limited exceptions, the Elected Body may take action only upon items appearing on the written agenda. Items not appearing on the agenda must be brought back on a subsequent agenda unless they are of a demonstrated emergency or urgent nature, and the need to take action on such items arose after the agenda was posted. CONSENT CALENDAR: Consent calendar items involve matters which are of a routine or noncontroversial nature. All consent items are 1 of 696 CC/CDC-HA Agenda 3/17/2020 — Page 2 adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered upon request of a Councilmember, a staff member, or a member of the public. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Elected Body Meetings. Audio headphones are available in the lobby at the beginning of the meeting. Audio interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. Spanish to English interpretation services are available to members of the public who wish to speak to the City Council during the meeting. "Request to Speak" forms requesting interpretation must be filed within the first two hours of the meeting. Espanol a los servicios de interpretacion Ingles de audio esta disponibles para los miembros del publico que desean hablar con el Ayuntamiento durante del Consejo Municipal. "Solicitud para hablar de" formas solicitud de interpretacion deben ser presentadas dentro de las dos primeras horas del Consejo Municipal. COUNCIL REQUESTS THAT ALL CELL PHONES AND PAGERS BE TURNED OFF DURING CITY COUNCIL MEETINGS. 2 of 696 CC/CDC-HA Agenda 3/17/2020 — Page 3 OPEN TO THE PUBLIC A. CITY COUNCIL CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG PUBLIC COMMENTS (THREE -MINUTE TIME LIMIT) PROCLAMATIONS AND CERTIFICATES AWARDS AND RECOGNITIONS 1. Employee of the Quarter 2020 - Karla Apalatequi, Senior Accounting Assistant. (Finance) PRESENTATIONS 2. Regional Water Supply Update. (Dan Denham, Deputy General Manager, San Diego County Water Authority) INTERVIEWS / APPOINTMENTS REGIONAL BOARDS AND COMMITTEE REPORTS (FIVE-MINUTE TIME LIMIT) CONSENT CALENDAR 3. 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) 4. 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 February 4, 2020 and February 18, 2020 and the Special Meetings of the City Council of the City of National City of February 4, 2020 and February 18, 2020. (City Clerk) 5. Resolution of the City Council of the City of National City authorizing the establishment of an appropriation and corresponding revenue budget in the amount of $22,000.00 from the County of San Diego Lower 3 of 696 CC/CDC-HA Agenda 3/17/2020 — Page 4 Sweetwater Fire Protection District Equipment Replacement Plan and authorizing the purchase of ballistic protection equipment for the National City Fire Department. (Fire) 6. Resolution of the City Council of the City of National City ratifying and authorizing the acceptance of a $148,746.54 FY 2017/2018 Citizens' Option for Public Safety (COPS) Program. This Citizens' Option for Public Safety (COPS) Program allotment will fund essential police equipment for front line law enforcement as needed; and to ratify and authorize the establishment of an appropriation and corresponding revenue budget in the amount of the grant within the Supplemental Law Enforcement Services Fund (SLESF). (Police) 7. Resolution of the City Council of the City of National City ratifying and authorizing the acceptance of a $157,591.08 FY 2017/2018 Citizens' Option for Public Safety (COPS) Program. This Citizens' Option for Public Safety (COPS) Program allotment will fund essential police equipment for front line law enforcement as needed; and to ratify and authorize the establishment of an appropriation and corresponding revenue budget in the amount of the grant within the Supplemental Law Enforcement Services Fund (SLESF). (Police) 8. Resolution of the City Council of the City of National City: 1) Ratifying the National City Police Department's grant application in the amount of $200,000 to the 2019 Southwest Border Rural Law Enforcement Assistance Grant; 2) Authorizing the acceptance of the grant award in the amount of $200,000; and 3) Authorizing the establishment of revenue budget and corresponding appropriation to purchase computers to be used by police officers. The City of National City will match funds in the amount of $36,803. (Police) 9. Resolution of the City Council of the City of National City: 1) awarding a contract to Portillo Concrete, Inc. in the amount of $514,930 for the Division Street — Euclid Avenue to Harbison Avenue Bicycle Improvements, CIP No. 19-17; 2) authorizing a 15% contingency in the amount of $77,239.50 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. (Engineering/Public Works) 10. Resolution of the City Council of the City of National City: 1) authorizing the Mayor to execute Program Supplement Agreement (PSA) No. F019 with the State of California Department of Transportation (Caltrans) for the Pedestrian Americans with Disabilities Act (ADA) Improvements Project to allow for reimbursement of up to $243,200 in eligible project expenditures through the Highway Safety Improvements Program (HSIP); and 2) authorizing the establishment of an Engineering Grants Fund appropriation of $243,200 and corresponding revenue budget. (Engineering/Public Works) 4 of 696 CC/CDC-HA Agenda 3/17/2020 — Page 5 11. Resolution of the City Council of the City of National City: 1) authorizing the Mayor to execute Program Supplement Agreement (PSA) No. F020 with the State of California Department of Transportation (Caltrans) for the Fiber Optic Traffic Signal Interconnect Expansion, Phase II Project to allow for reimbursement of up to $455,100 in eligible project expenditures through the Highway Safety Improvements Program (HSIP); and 2) authorizing the establishment of an Engineering Grants Fund appropriation of $455,100 and corresponding revenue budget. (Engineering/Public Works) 12. Resolution of the City Council of the City of National City: 1) authorizing the Mayor to execute Program Supplement Agreement (PSA) No. F022 with the State of California Department of Transportation (Caltrans) for the East 4th Street Protected Left -Turn Enhancements Project to allow for reimbursement of up to $177,440 in eligible project expenditures through the Highway Safety Improvements Program (HSIP); and 2) authorizing the establishment of an Engineering Grants Fund appropriation of $177,440 and corresponding revenue budget. (Engineering/Public Works) 13. Resolution of the City Council of the City of National City: 1) authorizing the Mayor to execute Program Supplement Agreement (PSA) No. F023 with the State of California Department of Transportation (Caltrans) for the Sweetwater Road Safety Enhancements Project to allow for reimbursement of up to $680,940 in eligible project expenditures through the Highway Safety Improvements Program (HSIP); and 2) authorizing the establishment of an Engineering Grants Fund appropriation of $680,940 and corresponding revenue budget. (Engineering/Public) 14. Resolution of the City Council of the City of National City, waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City to piggyback onto General Services Administration (GSA) Contract #GS- 28F-0022U with Russ Basset Corporation for the purchase and installation of six new workstations and replacement of carpet tiles for National City Police Dispatch in an amount not to exceed $143,146.46. (Engineering/Public Works) 15. Resolution of the City Council of the City of National City, waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City to piggyback onto Sourcewell (formerly "National Joint Powers Alliance") Contract #062117-VRM with RDO Equipment Co. for the purchase and build -out of one (1) 2020 Vermeer RTX130 Trencher with Trailer in an amount not to exceed $14,117.92. (Engineering/Public Works) 16. Resolution of the City Council of the City of National City, waiving the formal bid process pursuant to National City Municipal Code Section 5 of 696 CC/CDC-HA Agenda 3/17/2020 — Page 6 2.60.260 regarding cooperative purchasing and authorizing the City to piggyback onto Sourcewell (formerly "National Joint Powers Alliance") Contract #120716-NAF with National Auto Fleet Group for the purchase and build -out of one (1) 2020 Toyota Tacoma 2WD (7162) SR Access Cab Truck in an amount not to exceed $28,334.60. (Engineering/Public Works) 17. Resolution of the City Council of the City of National City, waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City to piggyback onto Sourcewell (formerly "National Joint Powers Alliance") Contract #040319-CEC with Miramar Bobcat, Inc. for the purchase and build -out of one (1) T76 T4 Bobcat Compact Track Loader and a Felling FT-40-2 LP Trailer in an amount not to exceed $107,705.28. (Engineering/Public Works) 18. Resolution of the City Council of the City of National City, waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City to piggyback onto Sourcewell (formerly "National Joint Powers Alliance") Contract #120716-NAF with National Auto Fleet Group for the purchase and build -out of one (1) 2020 Ford Transit Cargo Van (W 1 Y) T-350 in an amount not to exceed $95,316.33. (Engineering/Public Works) 19. Resolution of the City Council of the City of National City, waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City to piggyback onto Sourcewell (formerly "National Joint Powers Alliance") Contract #120716-NAF with National Auto Fleet Group for the purchase and build -out of one (1) 2020 Ford Super Duty F-550 DRW (F5G) 2WD Truck in an amount not to exceed $60,143.29. (Engineering/Public Works) 20. Resolution of the City Council of the City of National City, waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City to piggyback onto Sourcewell (formerly "National Joint Powers Alliance") Contract #062117-VRM with RDO Equipment Co. for the purchase and build -out of one (1) 2020 Vermeer BC 1000XL Brush Chipper in an amount not to exceed $42,848.82. (Engineering/Public Works) 21. 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 205 E. 1st Street (TSC No. 2020-01). (Engineering/Public Works) 22. 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 6 of 696 CC/CDC-HA Agenda 3/17/2020 — Page 7 of the residence located at 116 W. 14th Street (TSC No. 2020-02). (Engineering/Public Works) 23. Resolution of the City Council of the City of National City authorizing the installation of 178 feet of "Passenger Loading Zone — 1-Minute Only" signage on the north side of E. 18th Street, west of "John Otis Elementary School" located at 621 E. 18th Street (TSC No. 2020-04). (Engineering/Public) 24. Resolution of the City Council of the City of National City authorizing the installation of a second driveway to accommodate one off-street parking space on the southeast corner of the residence at 920 Pleasant Lane (TSC No. 2020-05). (Engineering/Public Works) 25. Resolution of the City Council of the City of National City authorizing the installation of red curb "No Parking" at the intersection of E. 11th Street and Paradise Drive to enhance visibility at the intersection (TSC No. 2019- 17). (Engineering/Public Works) 26. Resolution of the City Council of the City of National City authorizing the City Manager to execute a Science Outreach Program Field Trip Agreement, with a mutual indemnity and hold harmless clause, between the City of National City and the San Diego County Office of Education, to provide the Splash Science Mobile Lab during Community Service Day on Saturday, April 25, 2020. (Community Services) 27. National City Sales Tax Update - Third Quarter 2019. (Finance) 28. Investment transactions for the month ended October 31, 2019. (Finance) 29. Investment transactions for the month ended November 30, 2019. (Finance) 30. Investment Report for the quarter ended December 31, 2019. (Finance) 31. Temporary Use Permit — The 12th Annual Granfondo San Diego Fun Bike Ride sponsored by Life Sports Foundation on April 5, 2020 from 7:15 a.m. to 5 p.m. with no waiver of fees. (Neighborhood Services) 32. Temporary Use Permit — St. Anthony of Padua Church presentation of the "Live Stations of the Cross" starting at 410 W. 18th Street on April 10, 2020 from 3 p.m. to 4 p.m. with no waiver of fees. (Neighborhood Services) 33. Temporary Use Permit — Halloween retail tent store hosted by Halloween Express at Westfield Plaza Bonita Mall from August 28, 2020 through November 4, 2020 with no waiver of fees. (Neighborhood Services) 7 of 696 CC/CDC-HA Agenda 3/17/2020 — Page 8 34. Warrant Register #30 for the period of 1/15/20 through 1/21/20 in the amount of $424,659.10. (Finance) 35. Warrant Register #31 for the period of 1/22/20 through 1/28/20 in the amount of $2,655,771.73. (Finance) 36. Warrant Register #32 for the period of 1/29/20 through 2/4/20 in the amount of $1,284,377.87. (Finance) 37. Warrant Register #33 for the period of 2/5/20 through 2/11/20 in the amount of $1,776,612.00. (Finance) PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS 38. Public Hearing and Adoption of a Resolution of the City Council of the City of National City approving the issuance by the California Statewide Communities Development Authority of exempt facility bonds for a qualified residential project, as required by the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA), pursuant to Section 142(a)(7) of the Internal Revenue Code with no fiscal impact to the City, and not to exceed $25,000,000 in outstanding aggregate principal to finance the acquisition and rehabilitation of a 151-unit multi -family rental housing project located at 2525 Highland Avenue in National City. (Housing Authority) 39. Public Hearing and Introduction of an Ordinance of the City Council of the City of National City adding National City Municipal Section 9.60 to regulate commercial cannabis. (City Manager) 40. Public Hearing No. 1 of 2 on the U.S. Department of Housing and Urban Development (HUD) Draft Five -Year Consolidated Plan for HUD Program Years (PY) 2020 to 2024 and allocation of HUD PY 2020 entitlement grant funds, program income, and funds remaining from completed projects to Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program activities proposed for the PY 2020 Action Plan. (Housing Authority) 41. Public Hearing and Adoption of a Resolution of the City Council of the City of National City authorizing the Mayor to execute an Amendment to the Lease and Operating Agreement between the City of National City and American Golf Corporation to increase green fees by two dollars effective April 1, 2020. (Community Services) 42. Public Hearing and Adoption of a Resolution regarding a Conditional Use Permit (CUP) for a new bar (Paradise VYBZ) to be located at 309 Highland Avenue and waiver of City Council Policy No. 707 conditions 14 and 15. (Applicant: Jean Dumont) (Case File No. 2020-02 CUP) (Planning) 8 of 696 CC/CDC-HA Agenda 3/17/2020 — Page 9 NON CONSENT RESOLUTIONS 43. Resolution of the City Council of the City of National City authorizing various fiscal year 2020 mid -year budget adjustments. (Finance) NEW BUSINESS 44. Feasibility Report and Resolution of the City Council of the City of National City establishing that all Regular Board, Commission, and Committee Meetings shall be held at City Hall. (City Attorney) 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 45. Update on Community Service Month. (Community Services) MAYOR AND CITY COUNCIL CLOSED SESSION REPORT ADJOURNMENT Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday - April 7, 2020 - 6:00 p.m. - Council Chambers - National City, California. 9 of 696 CC/CDC-HA Agenda 3/17/2020 — Page 10 The following page(s) contain the backup material for Agenda Item: Employee of the Quarter 2020 - Karla Apalategui, Senior Accounting Assistant. (Finance) Please scroll down to view the backup material. 10 of 696 CALIFORNIA NATIONAL cI INCORPOP,p,TED CITY OF NATIONAL CITY MEMORANDUM DATE: March 2, 2020 TO: Brad Raulston, City Manager FROM: Robert J. Meteau, Jr., Human Resources Director SUBJECT: EMPLOYEE OF THE QUARTER PROGRAM The Employee Recognition Program communicates the City's appreciation for outstanding performance. In doing so, it recognizes employees who maintain high standards of personal conduct and make significant contributions to the workplace and community. The employee to be recognized for the 1' Quarter of calendar year 2020 is: Karla Apalategui — Senior Accounting Assistant By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, March 17, 2020 to be recognized for her achievement and service. Attachment cc: Karla Apalategui Mark Roberts — Director of Finance Mayor's Confidential Assistant Human Resources — Office File 11 of 696 CALIFORNIA Noii0NAL CITY L ' INCORPO RATED �J Performance Recognition Award Nomination Form I nominate Karla Apalatequi for the Performance Recognition Award for the following reasons: FEB 2 6 2020 CITY OF NATIONAL CITY IUMAN RESOURCES DEPARTMENT Please state reason why your nominee should receive an award, (i.e., examples of service beyond requirements of position, exemplary service to the public, outstanding job performance, etc). Do not to exceed 150 total words. Please be as specific as possible when giving your examples. Karla is an extraordinarily conscientious employee who sincerely cares about her work & the City of National City. She takes her role, now as Senior Accounting Assistant, to protect the City's assets very seriously, reviewing every invoice, bill, or other request for payment carefully, to ensure all the "i's are dotted" and all the "t's are crossed" before approving payment. She provides training or assistance to other employees, and she works tirelessly, to resolve problems. FORWARD COMPLETED NOMINATION TO: National City Performance Recognition Program Human Resources Department Nominated by: Mark Roberts Signature: `WL4 Date: 2/25/20 12 of 696 CC/CDC-HA Agenda 3/17/2020 — Page 13 The following page(s) contain the backup material for Agenda Item: Regional Water Supply Update. (Dan Denham, Deputy General Manager, San Diego County Water Authority) Please scroll down to view the backup material. 13 of 696 Item # 03/17/20 Regional Water Supply Update Dan Denham, Deputy General Manager San Diego County Water Authority 14 of 696 San Diego County Water Authority Our Region's Trusted Water Leader 9arbf service Water Supply Update National City City Council Meeting March 17, 2020 Dan Denham Deputy General Man. 696 of 15 15 of 696 Water Authority Serves a Vibrant Region E COUNTY Wholesale agency created by the state Legislature in 1944 Serves 3.3 million people and $245 billion economy through 24 member agencies Provides about 75% of water used across the metro area 36 member board of directors 6 Our Region's Trusted Water Leader San Diego County Water Authority Oceanside Carlsbad v4 Encinitas Solana Beach Del Mar OLIVENHAIN RE AVOIR SAN DIEOUITO RESERVOIR` LAKE HODGES Coronado TURNER LANE RIVERSIDE COUNTY LAKE WOHL FORD LAKE RAMONA Poway SAN VICENTE IRAMAR ESERVOIR la Vista RESERVOIR SUTHERLAND RESERVOIR El CAPITAN RESERVOIR JENNINOS El Cajon L`.L LOV�ELAND RESERVOIR IWEETWATER RESERVOIR LOWER OTAV RESERVOIR 16 of 696 Snowpack Comparison February 18'''. 2019 February 17t h, 2020 6 Our Region's Trusted Water Leader San Diego County Water Authority 17 of 696 Northern Sierra Snowpack 70 60 50 4J a 40 0 u 30 20 10 0 43% of Normal (March 10, 2020) Normal WY 2018 — WY 2019 = WY 2020 WET Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep 6 Our Region's Trusted Water Leader San Diego County Water Authority Source: Department of Water Resour 18 of 696 Colorado River Update Storage and Hydrology As of March 9 Full Million AF Elevation Lake Powell 49% 11.9 3,602' Lake Mead 44% 11.4 1,096' Total System 52% 30.9 Current Basin Snowpack - 101% of normal Forecasted WY Runoff to Powell - 78% of normal (8.5 MAF) 16 uApsr Savlar 111'F Lippe/ Green 102% Oue Neon!; Eastern Lit on A9% Son Juan Percent el Seasonal Medlnn Snow *aloe Equuelent(SWEI' ▪ L. Mon SO Paco", of Medt.0 ▪ ,, .70 Permit of MSAen �-1 t to wi Po•can, d MN.n 91 M 110 ',men( e1 MPd.. III 1a 100 Portent o,Welton ▪ Ill to ISO Portent a Mee.n ▪ gnole• Moo 1S0 Pomo. a Mtdlel •••C9SO 99411•r99 wtw }Ws Soon PKY Mon". • 0a c.. win bawd so 4lry m..w9d SwF d•1. from Wei 0.01M...11on, .t com0on0 to oloredo Me...•..•.,F1• Mot ono atom 6 Our Region's Trusted Water Leader San Diego County Water Authority 19 of 696 Innovative Investments in Supply Reliability Twin Oaks Valley Water Treatment Plant $179 million Pipeline Relining $493 million 6 Our Region's Trusted Water Leader San Diego County Water Authority Olivenhain Dam Et San Vicente Dam Raise Reservoir Et Related Projects $198 million $811 million Carlsbad Seawater Desalination $1 billion Lake Hodges Hydroelectric and Pump Station Facility $208 million All -American Et Coachella Canal Lining Project $447 million ($190 million from Water Autl r". 20 of 696 What is the Future of Water in San Diego? • We have sufficient and reliable supplies today and for the foreseeable future • We continue to develop visionary strategies • We are in a strategic position because of regional investments We've focused on regional partnerships and integrated planning • We are preparing for the next era - beyond 2035 6 Our Region's Trusted Water Leader San Diego County Water Authority Canal Lining Transfer 13% Imperial Irrigation District Water Transfer 32% 2035 San Luis Rey Recycled Water Transfer Water 2% gyro Seawater Desalination 11% Metropolitan Water District of Southern California 2°,0 Groundwater 6% Potable Reuse 17% Local Surface Water 8% Resolving Litigation 0. • Water Authority Board dismisses certain claims after $350m in funding and other benefits from MWD. • This is a major step toward ending the litigation. • Our focus is on updating long-range plans and other issues at MWD. 6 Our Region's Trusted Water Leader San Diego County Water Authority 22 of 696 Planning for Tomorrow • Fiscal Sustainability • Storing Water Authority supplies in Lake Mead • Potential regional water conveyance system 6 Our Reg ,:)n's Trusted Water Leader San Diego County Water Authority 23 of 696 Fiscal Sustainability • Low deliveries and local supply development change financial forecasts. ati • Member agencies helping assess strategies to maintain long-term health of Water Authority. 6 Our Region's Trusted Water Leader San Diego County Water Authority 24 of 696 Boosting Water Levels in Lake Mead • Water Authority has eligible supplies with environmental approvals and is seeking a Lake Mead storage account. • Account would build elevation. a w • b • ii s. 6 Our Region's Trusted Water Leader San Diego County Water Authority 25 of 696 Regional Conveyance System Study • Water Authority currently pays ioMWD to transport QSA water, 280,000 acre-feet in 2021. ■ Alternative conveyance could be more cost-effective and a better deal for ratepayers. ■ Two-phase study looks at multiple regional benefits. 6 Our Region's Trusted Water Leader San Diego County Water Authority 26 of 696 Three Alignments To Be Studied Further Twin Oaks WTP r Lake Henshaw Julian r4 San Vicente Reservoir Ranchita Mt Laguna Loveland Reservoir Barret Lake Salton Sea 6 Our Region's Trusted Water Leader San Diego County Water Authority 27 of 696 Partnership Opportunities Potential Binational Projects with Mexico aft' rJ Potential Groundwater Storage in Borrego Springs Habitat Creation at the Salton Sea 6 Our Reg on's Trusted Water Leader San Diego County Water Authority 28 of 696 Partnership Opportunities Geothermal Energy Integration lir Operational Flexibility for Farming Governor's Portfolio Approach to Water Management W, Sr a.,. Governor Newsom's Water Resiliency Portfolio 6 Our Region's Trusted Water Leader San Diego County Water Authority 29 of 696 Existing Member Agency Reservoirs Barrett Reservoir Loveland Reservoir 6 Our Region's Trusted Water Leader San Diego County Water Authority 30 of 696 Serving San Diego for 75 Years ... and Counting O } olivennair ^� plannin, CY reservoir: rincon del diablo O =t c a=+ sweetwater id del mar oath CES, JI i driven 'alley center powa••Il�F planning sari diego -0 L rain. D U) c 2)( a-0U a) r'eiiahility otay D v) 0. -_ 1,2 0) uality of life 3.- �p -fir oll e helix escondi pioneerin csouth ba 0 visiona eside 6 Our Region's Trusted Water Leader San Diego County Water Authority 31 of 696 CC/CDC-HA Agenda 3/17/2020 — Page 32 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. 32 of 696 Item # 03/17/20 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) 33 of 696 CC/CDC-HA Agenda 3/17/2020 — Page 34 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 February 4, 2020 and February 18, 2020 and the Special Meetings of the City Council of the City of National City of February 4, 2020 and February 18, 2020. (City Clerk) Please scroll down to view the backup material. 34 of 696 Item # 03/17/20 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 FEBRUARY 4, 2020 AND FEBRUARY 18, 2020, AND SPECIAL MEETINGS OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY OF FEBRUARY 4, 2020 AND FEBRUARY 18, 2020. (City Clerk) 35 of 696 Book 102 / Page 12 02-04-2020 DRAFT DRAFT DRAFT MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY February 4, 2020 The Special Meeting of the City Council of the City of National City was called to order at 4:01 p.m. by Mayor / Chairwoman Alejandra Sotelo-Solis. ROLL CALL Council / Board members present: Cano, Morrison, Quintero, Rios, Sotelo-Solis. Administrative Officials present: Dalla, Meteau, Morris -Jones, Raulston, Winney. CITY COUNCIL OPEN SESSION PUBLIC COMMENTS — None. Members retired into Closed Session at 4:02 p.m. CLOSED SESSION 1. Conference with Legal Counsel — Potential Litigation Potential Litigation Pursuant to Governmental Code Section 54956.9(d)(2) CLOSED SESSION REPORT: AT THE END OF REGULAR COUNCIL MEETING. ADJOURNMENT Next Special Meeting: Tuesday, February 4, 2020 - 5:00 p.m., City Council Chambers, Civic Center — National City, California. City Clerk The foregoing minutes were approved at the Regular Meeting of March 17, 2020. Mayor 1 36 of 696 Book 102 / Page 13 02-04-2020 DRAFT DRAFT DRAFT MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY February 4, 2020 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, Rios, Sotelo-Solis. Administrative Officials present: Dalla, Meteau, Morris -Jones, Raulston, Winney. CITY COUNCIL OPEN SESSION PUBLIC COMMENTS — None. CONTRACT (C2020-6) 1. Resolution No. 2020-13. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A TWO YEAR AGREEMENT WITH HUB INTERNATIONAL INSURANCE SERVICES INC., FOR INSURANCE BROKERAGE SERVICES, EFFECTIVE FEBRUARY 1, 2020, FOR A TERM OF TWO YEARS WITH THE OPTION TO EXTEND BY ONE-YEAR INCREMENTS FOR UP TO AN ADDITIONAL THREE YEARS AS APPROVED BY THE CITY MANAGER. (Human Resources) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. Members retired into Closed Session at 5:04 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) Sheena Sanders v. City of National City Civil Action No. 20cv00085-AJB-BLM 3. 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 2 37 of 696 Book 102 / Page 14 02-04-2020 CLOSED SESSION REPORT: AT THE END OF REGULAR COUNCIL MEETING. ADJOURNMENT Next Regular City Council Meeting: Tuesday, February 4, 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 March 17, 2020. Mayor 3 38 of 696 Book 102 / Page 15 02-04-2020 DRAFT DRAFT DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY February 4, 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 6:03 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, Galeana, Manganiello, Meteau, Morris -Jones, Parra, Raulston, Tellez, Vergara, Williams, Winney. Others present: City Treasurer Mitch Beauchamp. PLEDGE OF ALLEGIANCE TO THE FLAG BY COUNCILMEMBER CANO PUBLIC COMMENTS Becky Rapp, shared information regarding substance use and addiction among young people and requested the City work with the school districts to understand the rates of marijuana use and vaping among the City's youth. Joan Rincon, National City, expressed her concerns regarding the need to monitor funding for homelessness and to focus on the quality that the City is getting in anything that is related to homeless -related services. REGIONAL BOARDS AND COMMITTEE REPORTS San Diego County Water Authority (SDCWA) Vice Mayor Rios provided a copy of the SDCWA newsletter; reported that she attended a day -long tour of Water Authority facilities in Imperial Valley; was asked to arrange for a presentation by SDCWA at a future Council meeting and to consider co -hosting a Citizens Advisory Workshop in National City. Metropolitan Transit System (MTS) Mayor Sotelo-Solis reported that the big issues discussed were in regards to the Blue Line and Purple Line and the responsibility for making sure that a plan is in place such as a Memorandum of Understanding (MOU) regarding collaboration between San Diego Association of Governments (SANDAL) and MTS. Sweetwater Authority (SA) Mayor Sotelo-Solis announced that she will be joining the Finance Committee and Member Cano will be on the Operations Committee. Member Cano reported that he is now on the Operations Committee; that his focus is to provide better services to the community; that $2 million has been approved to flush the pipelines and the Authority members unanimously voted against a water rate increase this year for Bonita, National City and Chula Vista. 4 39 of 696 CITY COUNCIL CONSENT CALENDAR Book 102 / Page 16 02-04-2020 ADOPTION OF CONSENT CALENDAR. Item No. 1 (NCMC), Item No. 2 (Minutes), Item Nos. 3 through 6 (Resolution No. 2020-14 through 2020-17), Item No. 7 (Temporary Use Permit), Item Nos. 8 through 10 (Warrant Registers). Motion by Cano, seconded by Rios, to approve the Consent Calendar, except for Item Nos. 6, 7 and 10. Carried by unanimous vote. MUNICIPAL CODE 2020 (506-2-35) 1. MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE WAIVING OF THE READING OF THE TEXT OF THE ORDINANCES CONSIDERED AT THIS MEETING AND PROVIDING THAT SUCH ORDINANCES SHALL BE INTRODUCED AND/OR ADOPTED AFTER A READING OF THE TITLE ONLY. (City Clerk) ACTION: Approved. See above. GENERAL ADMIN (103-2-1) 2. APPROVAL OF THE MINUTES OF THE REGULAR MEETINGS OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF SEPTEMBER 3, 2019 AND SEPTEMBER 17, 2019, AND THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF SEPTEMBER 17, 2019. (City Clerk) ACTION: Approved. See above. CONTRACT (C2020-7) 3. Resolution No. 2020-14. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND SILVER & WRIGHT LLP FOR LEGAL SERVICES IN THE SPECIALIZED AREA OF CODE ENFORCEMENT FOR THE TOTAL NOT TO EXCEED AMOUNT OF $75,000 PER CASE AND APPROVING THE CITY ATTORNEY'S EXECUTION OF SAME. (City Attorney) ACTION: Adopted. See above. CONTRACT (C2010-61) 4. Resolution No. 2020-15. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY: 1) RATIFYING THE EXECUTION OF COUNTY CONTRACT NUMBER 561763 BY THE MAYOR, AN AGREEMENT WITH THE CITY FOR SENIOR NUTRITION PROGRAMS IN THE AMOUNT OF $200,514.62 FOR THE REMAINDER OF FISCAL YEAR 2020; AND 2) AUTHORIZING THE MAYOR TO EXECUTE ANY SUBSEQUENT AMENDMENTS. (Community Services) ACTION: Adopted. See above. 5 40 of 696 Book 102 / Page 17 02-04-2020 CONSENT CALENDAR (cont.) CONTRACT (C2020-8) 5. Resolution No. 2020-16. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY: 1) AWARDING A CONTRACT TO PAL GENERAL ENGINEERING INC. IN THE NOT -TO -EXCEED AMOUNT OF $198,832.00 FOR THE E. 16TH STREET ROAD REHABILITATION PROJECT, CIP NO. 19-38; 2) AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $29,824.80 FOR ANY UNFORESEEN CHANGES; AND 3) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT. (Engineering/Public Works) ACTION: Adopted. See above. COUNCIL POLICY ADMIN (102-13-1) 6. Resolution No. 2020-17. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE AMENDMENT OF CITY COUNCIL POLICY 802, CITY SUPPORT FOR SPECIAL EVENTS, ACTIVITIES, PROGRAMS AND SERVICES: 1) ADDING RESTRICTIONS ON POLITICAL ACTIVITIES OR ENDORSEMENTS; 2) REMOVING ORGANIZATIONS FROM THE CO-SPONSORSHIP LIST THAT HAVE NOT HELD AN EVENT IN THREE (3) YEARS; 3) ADDING AND SUBTRACTING EVENTS FROM THE SPONSORED AND CO- SPONSORED LIST; AND 4) CORRECTING TYPOGRAPHICAL ERRORS. (Neighborhood Services) TESTIMONY: Joan Rincon, National City, spoke in opposition to the City supporting the Mariachi Festival since the event was moved out of the City. ACTION: Motion by Rios, seconded by Sotelo-Solis, 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 2020 (203-1-36) 7. Temporary Use Permit — Circus Vargas event sponsored by Circus Vargas from March 13, 2020 to March 23, 2020 at the Westfield Plaza Bonita Mall with no waiver of fees. (Neighborhood Services) TESTIMONY: Bill Carter, Circus Vargas, extended an invitation to Mayor Sotelo-Solis to be the honorary ringmaster at the upcoming 51st Circus Vargas at Westfield Plaza Bonita. ACTION: Motion by Cano, seconded by Morrison, to approve the Temporary Use Permit. Carried by unanimous vote. WARRANT REGISTER JULY 2019 - JUNE 2020 (202-1-34) 8. Warrant Register #25 for the period of 12/11/19 through 12/17/19 in the amount of $1,651,594.37. (Finance) ACTION: Ratified. See above. 6 41 of 696 Book 102 / Page 18 02-04-2020 CONSENT CALENDAR (cont.) WARRANT REGISTER JULY 2019 - JUNE 2020 (202-1-34) 9. Warrant Register #26 for the period of 12/18/19 through 12/24/19 in the amount of $304,364.89. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2019 - JUNE 2020 (202-1-34) 10. Warrant Register #27 for the period of 12/25/19 through 12/31/19 in the amount of $1,106,651.98. (Finance) ACTION: Motion by Cano, seconded by Rios, to ratify the Warrant Register. Carried by unanimous vote. NON CONSENT RESOLUTIONS TRAFFIC SIGN / SIGNAL ADMIN 2020-2021 (801-4-12) 11. Resolution No. 2020-18. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF STOP CONTROL SIGNS FOR FIVE T INTERSECTIONS WITHIN THE NEIGHBORHOOD BOUNDED BY EAST 1ST STREET TO THE NORTH, EAST 7TH STREET TO THE SOUTH, "D" AVENUE TO THE EAST AND NATIONAL CITY BOULEVARD TO THE WEST.(Engineering/Public Works) RECOMMENDATION: Adopt the Resolution. TESTIMONY: Bradley Bang and Victor Valle, representing Alliance of Californians for Community Empowerment (ACCE) Action, spoke in support of the stop control signs. ACTION: Motion by Cano, seconded by Quintero, to adopt the Resolution. Carried by unanimous vote. PARKING & TRAFFIC CONTROL ADMIN (801-2-42) 12. Resolution No. 2020-19. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING THE TEMPORARY STREET CLOSURE OF "B" AVENUE BETWEEN EAST 8TH STREET AND EAST 9TH STREET FOR 18 MONTHS, EFFECTIVE JANUARY 27, 2020 THROUGH JULY 26, 2021, TO FACILITATE CONSTRUCTION OF A 127- UNIT, MIXED -USE DEVELOPMENT LOCATED AT 130 EAST 8TH STREET, MANAGED BY PROTEA NATIONAL CITY, LLC. (Engineering/Public Works) RECOMMENDATION: Adopt the Resolution. TESTIMONY: Judit Havens, Project Management Team on behalf of Protea National City, LLC and Malick Infill Development, provided clarification and answered questions. ACTION: Motion by Rios, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. 7 42 of 696 Book 102 / Page 19 02-04-2020 NON CONSENT RESOLUTIONS (cont.) COUNCIL POLICY ADMIN (102-13-1) 13. Resolution No. 2020-20. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN AMENDMENT TO CITY COUNCIL POLICY 603: USE OF VOLUNTEERS BY THE CITY COUNCIL. (City Manager) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Cano, seconded by Sotelo-Solis, to adopt the Resolution. Carried by the following vote, to -wit: Ayes: Cano, Quintero, Rios, Sotelo-Solis. Nays: Morrison. Abstain: None. Absent: None. GRANT ADMIN (206-4-2) HOUSING AUTHORITY 2020 (404-1-9) 14. Resolution No. 2020-21. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE AN APPLICATION TO THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT AFFORDABLE HOUSING AND SUSTAINABLE COMMUNITIES PROGRAM AS CO -APPLICANT WITH THE METROPOLITAN AREA ADVISORY COMMITTEE ON ANTI- POVERTY OF SAN DIEGO COUNTY, INC. (MAAC PROJECT), A 501(C)3 NON-PROFIT ORGANIZATION, AND MIRKA INVESTMENTS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, FOR (1) $20,000,000 TO FUND THE DEVELOPMENT OF A 400-UNIT MIXED -INCOME AFFORDABLE HOUSING PROJECT AT 233 ROOSEVELT AVENUE IN NATIONAL CITY; AND (2) $10,000,000 TO FUND TRANSPORTATION INFRASTRUCTURE OR TRANSIT -RELATED AMENITIES OR PROGRAMS FOR THE CITY OF NATIONAL CITY IN THE VICINITY OF THE PROPOSED HOUSING PROJECT. (Housing Authority) RECOMMENDATION: Adopt the Resolution. TESTIMONY: Kursat Misirlioglu, Mirka Investments, LLC, gave a presentation on the project and responded to questions. Danny Serrano, Environmental Health Coalition, expressed his concerns regarding noise and air quality and asked for more information on use of the transportation fund and justification for the California Environmental Quality Act (CEQA) exemption. Marcus Bush, speaking as a private citizen, spoke in support of the Resolution. ACTION: Motion by Morrison, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY There were no CDC -HA items. 8 43 of 696 Book 102 / Page 20 02-04-2020 C. REPORTS STAFF REPORTS Chief of Emergency Services Frank Parra reported that the Public Safety Foundation will donate thirteen (13) replacement Automated External Defibrillator's (AED's) to the National School District and provided information regarding upcoming February Health Fairs. Director of Engineering/Public Works Steve Manganiello provided an update regarding an upcoming large tree planting event in March which will take place in the neighborhoods between National City Boulevard and Highland Avenue, east to west, and Division Street and 8th Street and the extensive outreach for the event that has been done through the CAL FIRE tree planting grant. City Manager Brad Raulston said that notices will be sent to the public called, "March Forward", which will provide information on a series of events occurring in March and said that he intends to present an update of events at the February 18th City Council meeting. MAYOR, CITY COUNCIL, AND OTHER ELECTED OFFICIALS City Treasurer Mitch Beauchamp thanked Director of Engineering/Public Works Steve Manganiello and Assistant Civil Engineer Luca Zappiello for the parking district on Sheryl Lane and praised the MTS 7-minute headways. Member Morrison inquired about the paint on the light poles in front of City Hall; asked about the status of the paperwork for sister city Olongapo, and expressed his views on paid interns being placed in political positions. Member Cano spoke on safety concerns in regards to Fire Department personnel and encouraged the potential of bulletproof vests for further protection, and asked questions regarding how Olongapo was approved as a sister city. Member Quintero commended the Engineering/Public Works Department for applying for and acquiring grant monies to beautify the City; commended Housing Authority staff for mitigating potential issues such as parking and traffic by including language in the item and pledge of funds, and asked that in moving forward, the practice continue in a meaningful way. Vice Mayor Rios provided an overview of the third-quarter 2019 sales tax review; spoke about attending a "Coffee with Probation" event; gave an overview of the South County Economic Development Council (SCEDC) meeting and asked to bring back a full discussion at the next Council Meeting to discuss the Veterans & Military Families Committee to possibly reduce the number of members. Vice Mayor Rios asked that the attendance roster to be provided. 9 44 of 696 Book 102 / Page 21 02-04-2020 MAYOR, CITY COUNCIL, AND OTHER ELECTED OFFICIALS (cont.) Mayor Sotelo-Solis gave shout -outs to a guest in the audience named "Lily" and to staff for all the presentations that were made; said she looks forward to upcoming discussions about budget and financial priorities; extended an invitation to her 2nd State of the City Address on March 5th; and read excerpts from an article in Governing Magazine called, "Mayors are Harassed and Threatened, But Just How Often". CLOSED SESSION REPORT There was no Closed Session Report. 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 — February 18, 2020 - 6:00 p.m. - Council Chambers - National City, California. Carried by unanimous vote. The meeting closed at 7:57 p.m. City Clerk The foregoing minutes were approved at the Regular Meeting of March 17, 2020. Mayor 10 45 of 696 EXHIBIT 'L' CALIFORNIA NAT'IONA.L.0 icy 1 • INC0111.011ATF%D AGENDA OF A JOINT SPECIAL MEETING CITY COUNCIL OF THE CITY OF NATIONAL CITY AND COMMUNITY & POLICE RELATIONS COMMISSION Main Conference Room Civic Center 1243 National City Boulevard National City, California Special Meeting - Tuesday, February 4, 2020 — 4:00 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 Potential Litigation Pursuant to Governmental Code Section 54956.9(d)(2) CLOSED SESSION REPORT: AT THE END OF REGULAR COUNCIL MEETING. ADJOURNMENT Next Special Meeting: Tuesday, February 4, 2020, 5:00 p.m., City Council Chambers, Civic Center — National City, California. 11 46 of 696 EXHIBIT `M' CALIFORNIA NATIONAL CITY • INCORPOnATF%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, February 4, 2020 — 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 AUTHORIZING THE MAYOR TO EXECUTE A TWO YEAR AGREEMENT WITH HUB INTERNATIONAL INSURANCE SERVICES INC., FOR INSURANCE BROKERAGE SERVICES, EFFECTIVE FEBRUARY 1, 2020, FOR A TERM OF TWO YEARS WITH THE OPTION TO EXTEND BY ONE-YEAR INCREMENTS FOR UP TO AN ADDITIONAL THREE YEARS AS APPROVED BY THE CITY MANAGER. (Human Resources) CLOSED SESSION PUBLIC MAY COMMENT ON CLOSED SESSION AGENDA ITEMS. 2. Conference with Legal Counsel — Potential Litigation: Two Cases Potential Litigation Pursuant to Governmental Code Section 54956.9(d)(2) 3. Conference with Legal Counsel — Pending Litigation Existing Litigation under Government Code Section 54956.9(d)(1) Sheena Sanders v. City of National City Civil Action No. 20cv00085-AJB-BLM 4. 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 CLOSED SESSION REPORT: AT THE END OF REGULAR COUNCIL MEETING. ADJOURNMENT Next Regular City Council Meeting: Tuesday, February 4, 2020, 6:00 p.m., City Council Chambers, Civic Center — National City, California. 12 47 of 696 Book 102 / Page 22 02-18-2020 DRAFT DRAFT DRAFT MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY February 18, 2020 The Special Meeting of the City Council of the City of National City was called to order at 4:32 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 4:33 p.m. CLOSED SESSION 1. Liability Claim: Government Code Section 54956.95: One Claim United States Department of the Interior — Fish and Wildlife Services Agency Notice of Potential Liability Claimed Against: City of National City 2. Conference with Labor Negotiators — Government Code Section 54957.6 Agency Designated Representatives: Eddie Kreisberg, Tony Winney, Mark Roberts, Robert Meteau, Robert Hernandez and Lilia Munoz Employee Organizations: Municipal Employees' Association and Firefighters' Association 3. Conference with Legal Counsel — Pending Litigation: Case No. 37-2019-00065503- CU-PO-CTL Existing Litigation under Government Code Section 54956.9(d)(1) Chicano Federation of San Diego County, Inc. v. City of National City 4. Conference with Legal Counsel — Anticipated Litigation: One Case Potential Litigation Pursuant to Governmental Code Section 54956.9(d)(2) County of San Diego Department of Environmental Health Hazardous Materials Division Notice of Violation — Police Department Indoor Shooting Range 5. Conference with Legal Counsel — Potential Litigation: Two Cases Potential Litigation Pursuant to Governmental Code Section 54956.9(e)(1) 13 48 of 696 Book 102 / Page 23 02-18-2020 CLOSED SESSION REPORT: AT THE END OF REGULAR COUNCIL MEETING. ADJOURNMENT Next Regular City Council Meeting: Tuesday, February 18, 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 March 17, 2020. Mayor 14 49 of 696 Book 102 / Page 24 02-18-2020 DRAFT DRAFT DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY February 18, 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 6:38 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, Parra, Raulston, Roberts, Tellez, Williams, Winney. Others present: City Treasurer Mitch Beauchamp. PLEDGE OF ALLEGIANCE TO THE FLAG BY VICE MAYOR RIOS PUBLIC COMMENTS Sandy Naranjo, Jeanette Reyes, and Bill Sendt, shared information regarding the Sweetwater Authority Citizens Advisory Committee (CAC). Andrew McKercher, National City, thanked the Council for standing up to local puppy mill companies and voting to ban them; he encouraged the City to look into project labor agreements represented by unions in regards to new cannabis businesses. Ted Godshalk, National City, expressed his concerns and read into the record entries that were posted on SeeClickFix, (the City's web portal for citizen referrals) regarding homeless and harassment. The following individuals spoke in support of voting in favor of ballot Measure J regarding pet sales: Liz Ramos, Michele Walther, Leslie Davies, and Moon. PROCLAMATIONS AND CERTIFICATES PROCLAMATION AND CERTIFICATE ADMIN (102-2-1) 1. National City Recognizes Barbara Chappell -Brown in Celebration of Black History Month REGIONAL BOARDS AND COMMITTEE REPORTS San Diego County Water Authority (SDCWA) Vice Mayor Rios said that the incoming Deputy General Manager of SDCWA will be at the next Council Meeting on March 17th to provide a presentation on important topics that are happening at the County. 15 50 of 696 Book 102 / Page 25 02-18-2020 REGIONAL BOARDS AND COMMITTEE REPORTS (cont.) Sweetwater Authority (SA) Member Cano announced that the winner of the 2019 "Water is Life" poster contest is Central Elementary School. Metro Wastewater Joint Powers Authority (METRO JPA) Member Morrison said the last meeting of METRO was mostly for Closed Session items and there was nothing to report out. San Diego Association of Governments (SANDAG) Mayor Sotelo-Solis said that there was a presentation on economic vitality and discussion on a partnership between SANDAG and the San Diego County Regional Airport Authority; highlights of the discussion were shared. CITY COUNCIL CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 2 (NCMC), Item No. 3 (Minutes), Item Nos. 4 through 13 (Resolution No. 2020-22 through 2020-31), Item Nos. 14 and 15 (Warrant Registers). Motion by Cano, seconded by Quintero, to approve the Consent Calendar, except Item Nos. 11 and 13. Carried by unanimous vote. MUNICIPAL CODE 2020 (506-2-35) 2. MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE WAIVING OF THE READING OF THE TEXT OF THE ORDINANCES CONSIDERED AT THIS MEETING AND PROVIDING THAT SUCH ORDINANCES SHALL BE INTRODUCED AND/OR ADOPTED AFTER A READING OF THE TITLE ONLY. (City Clerk) ACTION: Approved. See above. GENERAL ADMIN (103-2-1) 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) ACTION: Approved. See above. 16 51 of 696 Book 102 / Page 26 02-18-2020 CONSENT CALENDAR (cont.) CONTRACT (C2014-51) 4. Resolution No. 2020-22. 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) ACTION: Adopted. See above. CONTRACT (C2014-51) 5. Resolution No. 2020-23. 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) ACTION: Adopted. See above. CONTRACT (C2014-51) 6. Resolution No. 2020-24. 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) ACTION: Adopted. See above. CONTRACT (C2014-42) 7. Resolution No. 2020-25. 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 17 52 of 696 Book 102 / Page 27 02-18-2020 CONSENT CALENDAR (cont.) CONTRACT (C2014-42) 7. Resolution No. 2020-25 (continued). 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) ACTION: Adopted. See above. CONTRACT (C2020-11) 8. Resolution No. 2020-26. 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) ACTION: Adopted. See above. CA DEPARTMENT OF TRANSPORTATION ADMIN (CALTRANS) (802-5-1) 9. Resolution No. 2020-27. 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) ACTION: Adopted. See above. CONTRACT (C2020-12) CA DEPARTMENT OF TRANSPORTATION ADMIN (CALTRANS) (802-5-1) 10. Resolution No. 2020-28. 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) ACTION: Adopted. See above. 18 53 of 696 Book 102 / Page 28 02-18-2020 CONSENT CALENDAR (cont.) PARKING & TRAFFIC CONTROL ADMIN 2020 (801-2-42) 11. Resolution No. 2020-29. 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) ACTION: Motion by Sotelo-Solis, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. PARKING & TRAFFIC CONTROL ADMIN 2020 (801-2-42) 12. Resolution No. 2020-30. 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) ACTION: Adopted. See above. FIRE DEPT ADMIN (305-1-1) EQUIPMENT - DONATIONS OF SURPLUS (209-1-3) 13. Resolution No. 2020-31. 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) ACTION: Motion by Rios, seconded by Quintero, to adopt the Resolution. Carried by unanimous vote. WARRANT REGISTER JULY 2019 - JUNE 2020 (202-1-34) 14. Warrant Register #28 for the period of 1 /1 /20 through 1/7/20 in the amount of $1,067,876.73. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2019 - JUNE 2020 (202-1-34) 15. Warrant Register #29 for the period of 1/8/20 through 1/14/20 in the amount of $2,043,400.87. (Finance) ACTION: Ratified. See above. 19 54 of 696 Book 102 / Page 29 02-18-2020 PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS HISTORIC SITES LIST ADMIN (405-10-1) 16. Resolution No. 2020-32. 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** RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Cano, seconded by Quintero, to close the Public Hearing. Carried by unanimous vote. Motion by Cano, seconded by Rios, to adopt the Resolution. Carried by unanimous vote. CONTRACT (C2020-13) REVENUE & TAXATION ADMIN (MILLS ACT) (205-2-1) 17. Resolution No. 2020-33. 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** RECOMMENDATION: Adopt the Resolution. 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 Resolution. Carried by unanimous vote. NEW BUSINESS ENGINEERING / PUBLIC WORKS DEPT - GRANTS / REPORTS ADMIN (1104-1-1) 18. Resolution No. 2020-34. 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) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Cano, seconded by Rios, to adopt the Resolution. Carried by unanimous vote. 20 55 of 696 Book 102 / Page 30 02-18-2020 NEW BUSINESS (cont.) FINANCIAL MANAGEMENT 2020-2021 (204-1-35) 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) RECOMMENDATION: Establish 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. TESTIMONY: The following speakers spoke in support of the proposed ordinance: Patricia Perez, Nancy Estolano, Amy Gammon, Augie Bareno, Jacqueline Reynoso, Ashley Gonzalez, Laura Wilkinson, Marcelo Ramirez, Gary Dines, Dailin Young, and Bernie Miller. The following speakers spoke in opposition of the proposed ordinance: Ted Godshalk, Rebecca Rap, Kathleen Lippitt, Joan Rincon, Peggy Walker, and Barbara Gordon. ACTION: Motion by Sotelo-Solis, seconded by Quintero, to approve Staff Recommendation No. 1, to establish a rate of 5% of gross receipts for all cannabis businesses, regardless of type. Carried by the following vote, to -wit: Ayes: Morrison, Quintero, Rios, Sotelo- Solis. Nays: Cano. Abstain: None. Absent: None. Motion by Sotelo-Solis, seconded by Quintero, to approve Staff Recommendation No. 2, to expand allowed cannabis business locations from 3 to 6 remaining in the originally proposed Industrial Zone and # being added to the areas zoned Tourist Commercial (CT) in the Marina District west of 1-5; include Consumption Lounges as an allowable use in the ordinance. Carried by the following vote, to -wit: Ayes: Quintero, Rios, Sotelo-Solis. Nays: Cano, Morrison. Abstain: None. Absent: None. PLANNING REPORTS ADMIN (405-3-1) 20. 2019 Housing Element Annual Progress Report pursuant to California Government Code Section 65400. (Planning) RECOMMENDATION: Accept and file the report. TESTIMONY: Joan Rincon, National City, asked for an estimated number of housing units that came online in 2019, irrespective of when permits were issued. ACTION: Motion by Cano, seconded by Quintero, to file the Report. Carried by unanimous vote. B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY There were no CDC -HA items. 21 56 of 696 Book 102 / Page 31 02-18-2020 C. REPORTS STAFF REPORTS HOUSING AUTHORITY 2020 (404-1-9) 21. 2020 Housing Road Map Report. (Housing Authority) Copy on file in the Office of the City Clerk. CITY MANAGER / REPORTS ADMIN (1104-1-12) 22. March Forward Outreach Efforts Report. (City Manager) Copy on file in the Office of the City Clerk. MAYOR, CITY COUNCIL, AND OTHER ELECTED OFFICIALS Member Morrison rebutted the accusations and misinformation relating to receiving monies from supporters opposing ballot Measure J regarding pet sales and provided clarifying answers regarding Olongapo being a sister city and said that no information was being hidden from anybody. Member Quintero thanked City Manager Raulston for staffing the March calendar; reminded everyone of Super Tuesday on March 3rd and offered the following suggestion to, "think globally, and act locally"; Member Quintero asked for follow- up information regarding the possibility of partnering with Tecate. Member Cano announced that Lowrider Expressions owner, Steve Torres, has offered a donation of a lowrider bike to Mayor Sotelo-Solis. Vice Mayor Rios commented on Measures H and J; passed out two letters from the National School District and the Chamber of Commerce stating that they are not taking a position on Measure J (letters are on file in the Office of the City Clerk) and spoke about complaints received from senior residents of Kimball Morgan Towers regarding Measure J campaign literature being distributed in their facilities by high school students. Mayor Sotelo-Solis thanked Mr. Torres, the lowrider community members, and Member Cano for offering the lowrider bike and said that she plans to keep the bike in her office for display. She concurred with Member Quintero's comments regarding sharing resources with our Sister City of Tecate and she would love to make it a joint opportunity. Mayor Sotelo-Solis offered the following motion for Council consideration: Motion by Sotelo-Solis, seconded by Cano, to bring back a staff report regarding the feasibility of having Boards and Commissions meetings held in the City Council Chambers and to have the City Attorney prepare a Resolution for City Council consideration. Carried by unanimous vote. 22 57 of 696 Book 102 / Page 32 02-18-2020 CLOSED SESSION REPORT City Attorney Angil-Morris Jones reported that in Closed Session the City Council gave authorization on Item Nos. 3 and 5 by unanimous vote. (See attached Exhibit `L') ADJOURNMENT Motion by Cano, 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 — March 17, 2020 - 6:00 p.m. - Council Chambers - National City, California. Carried by unanimous vote. 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. The meeting closed at 10:30 p.m. City Clerk The foregoing minutes were approved at the Regular Meeting of March 17, 2020. Mayor 23 58 of 696 EXHIBIT `L' L CALIFORNIA -0 `l.3JJ INCORp ORATES. 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, February 18, 2020 — 4:30 p.m. CITY COUNCIL OPEN SESSION CALL TO ORDER ROLL CALL CLOSED SESSION PUBLIC MAY COMMENT ON CLOSED SESSION AGENDA ITEMS. 1. Liability Claim: Government Code Section 54956.95: One Claim United States Department of the Interior — Fish and Wildlife Services Agency Notice of Potential Liability Claimed Against: City of National City 2. Conference with Labor Negotiators — Government Code Section 54957.6 Agency Designated Representatives: Eddie Kreisberg, Tony Winney, Mark Roberts, Robert Meteau, Robert Hernandez and Lilia Munoz Employee Organizations: Municipal Employees' Association and Firefighters' Association 3. Conference with Legal Counsel — Pending Litigation: Case No. 37-2019-00065503-CU-PO-CTL Existing Litigation under Government Code Section 54956.9(d)(1) Chicano Federation of San Diego County, Inc. v. City of National City 4. Conference with Legal Counsel — Anticipated Litigation: One Case Potential Litigation Pursuant to Governmental Code Section 54956.9(d)(2) County of San Diego Department of Environmental Health Hazardous Materials Division Notice of Violation — Police Department Indoor Shooting Range 5. Conference with Legal Counsel — Potential Litigation: Two Cases Potential Litigation Pursuant to Governmental Code Section 54956.9(e)(1) CLOSED SESSION REPORT: AT THE END OF REGULAR COUNCIL MEETING. ADJOURNMENT Next Special Meeting: Tuesday, February 18, 2020, 6:00 p.m., City Council Chambers, Civic Center — National City, California. 24 59 of 696 CC/CDC-HA Agenda 3/17/2020 — Page 60 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the establishment of an appropriation and corresponding revenue budget in the amount of $22,000.00 from the County of San Diego Lower Sweetwater Fire Protection District Equipment Replacement Plan and authorizing the purchase of ballistic protection equipment for the National City Fire Department. (Fire) Please scroll down to view the backup material. 60 of 696 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 17, 2020 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the establishment of an appropriation and corresponding revenue budget in the amount of $22,000.00 from the County of San Diego Lower Sweetwater Fire Protection District "Equipment Replacement Plan" and authorizing the purchase of ballistic equipment for the National City Fire Department. (Fire) PREPARED BY: Frank Parra DEPARTMENT: PHONE: 619-336-4551 APPROVED BY: EXPLANATION: The National City Fire Department has provided fire protection and emergency medical services to the Lower Sweetwater Fire Protection District since March 1982. Per Resolution 2010-271, the First Amendment to the Agreement for fire protection and emergency medical services for the Lower Sweetwater Fire Protection District established an "Equipment Replacement Plan" (Page 3, Section 6). The District would maintain a reserve balance of $250,000 and any funds in excess of the designated reserve shall be made available to the City as equipment replacement funds. Equipment replacement funds would be used exclusively for the purchase of new National City Fire Department vehicles and operational fire and emergency medical equipment. Recently, staff received quotes to purchase ballistic equipment that consists of the following, Active Shooter Armor Kit (15) includes: gear bags (15), Level IIIA ballistic helmet (15), Level IV ballistic plate-front/back (15), and molle carrier (15) for the National City Fire Department and submitted a request for it to be purchased from the District's equipment fund. The Lower Sweetwater Fire Protection District Board approved the request and a check for $22,000.00 has been received. Staff recommends the establishment of an appropriation and corresponding revenue budget in the amount of $22,000.00 and authorizing the purchase of ballistic equipment for the National City Fire Department. FINANCIAL STATEMENT: APPROVED: �e‘C� 474 Finance ACCOUNT NO. Rev. 130-12000-3636 / Ex. 130-412-125-521-0000 APPROVED: MIS No net negative impact. ENVIRONMENTAL REVIEW: Not applicable. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Authorize the establishment of an appropriation and corresponding revenue budget in the amount of $22,000.00 from the County of San Diego Lower Sweetwater Fire Protection District "Equipment Replacement Plan" and authorize the purchase of ballistic equipment for the National City Fire Departments BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Resolution 2010 — 271 2. First Amendment to the Agreement for Fire Protection and Emergency Medical Services for the Lower Sweetwater Fire Protection District 3. Resolution 61 of 696 FIRST AMENDMENT TO THE AGREEMENT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES FOR THE LOWER SWEETWATER FIRE PROTECTION DISTRICT THIS FIRST AMENDMENT TO THE AGREEMENT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES FOR THE LOWER SWEETWATER FIRE PROTECTION DISTRICT is entered into this 7th day of December, 2010, by and between the City of National City ("CITY") and the Lower Sweetwater Fire Protection District ("DISTRICT"). WITNESSETH WHEREAS, on September 16, 2008, the CITY and DISTRICT entered into an agreement entitled "Agreement for Fire Protection and Emergency Medical Services for the Lower Sweetwater Fire Protection District" ("Agreement"); and WHEREAS, the CITY has been providing fire protection and emergency medical services to the DISTRICT pursuant to the Agreement since November 17, 1998; and WHEREAS, the DISTRICT was organized to provide fire protection to its citizens; and WHEREAS, the CITY lies contiguous to the DISTRICT territory and maintains professional fire protection and emergency medical service within its CITY; and WHEREAS, the CITY is willing to continue to provide fire protection, emergency medical and related services to the DISTRICT. NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. Section 1 of the Agreement is amended as follows: GENERAL CONDITIONS. The CITY agrees to provide fire protection and emergency medical services to the DISTRICT. Furthermore, the CITY agrees to include the DISTRICT in the CITY's paramedic service area, as long as said service remains a non -subsidized service to the CITY. In addition, the CITY agrees to provide the following fire prevention related services: Code Enforcement/Weed Abatement. The DISTRICT shall agree to adopt the Uniform Fire Code and amendments as specified by the National City Fire Department. Prior to the adoption of the Uniform Fire Code and amendments, the DISTRCT will receive a 30-day notice to allow for review of the Uniform Fire Code and amendments. Enforcement procedures shall be developed by the National City Page 1 62 of 696 Fire Marshal and shall meet with the approval of the National City Director of Emergency Services and the DISTRICT Board of Directors. Enforcement procedures shall be based on a "complaint basis only". Complaints received by the National City Fire Department shall be investigated and a written report submitted to the DISTRICT Board of Directors. The DISTRICT Board of Directors shall advise the National City Fire Department on action to be taken. The National City Fire Department reserves the right to take immediate action on complaints received that represent an imminent hazard to life and property (including hazardous materials) whenever necessary. In such cases, a written report shall be submitted to the DISTRICT Board of Directors of any action taken by the National City Fire Department. The issuance of permits as set forth in the Uniform Fire Code is included as Code Enforcement. All weed abatement enforcement actions shall be carried out in accordance with the CITY's Abatement Ordinance and the Uniform Fire Code. Building Plan Review. Plan checks shall be done in accordance with the Uniform Fire Code as adopted by the CITY. Business Fire Safety Inspections. Shall be conducted by the National City Fire Department at the request of the business owner/manager only. Enforcement procedures shall be in accordance with the Uniform Fire Code, National Fire Protection Association (NFPA), and Municipal Codes and Ordinances. The DISTRICT Board of Directors shall be advised in writing by the National City Fire Department of any action taken in those cases where an imminent hazard has been found to exist. Legal Services. It is understood that the CITY's City Attorney will provide no legal services regarding any of the fire prevention related services described above. 2. Section 2 of the Agreement is modified by adding the following: TERM. This First Amendment is effective as of October 1, 2010 and shall continue in full force and effect until September 30, 2020, or until either party exercises the right to terminate as setforth in Section 3 "TERMINATION". 3. Section 3 of the Agreement is amended as follows: TERMINATION. This agreement may be terminated by either of the parties hereto upon delivery of a written notice of intent to terminate from the initiating governing body to the other governing body. Said termination shall become effective three (3) months from the delivery of notice or as mutually agreed upon by the parties. 4. Section 4 of the Agreement is amended as follows: QUARTERLY SERVICE FEE PAYMENTS. The DISTRICT will provide monthly property tax revenue statements to the CITY. For each quarter year during the term of this agreement, commencing on October 1, 2010, and continuing thereafter of each subsequent quarter year (i.e. January 1, April 1, July 1, and Page 2 63 of 696 October 1), the DISTRICT agrees to pay the CITY quarterly payments for services. Fire Prevention Services shall be charged according to the current CITY's Fee Schedule. 5. Section 5 of the Agreement is amended as follows: QUARTERLY SERVICE FEE ADJUSTMENTS. Each quarter, the quarterly service fee payment will be adjusted based on the monthly property tax revenue statements provided by the DISTRICT. For example, the quarterly service fee that is due on October 1st will be based on adjustments for the quarter (i.e. July, August, and September). The quarterly service fee will be calculated based on 80% of DISTRICT monthly property tax revenue. 6. Section 6 of the Agreement is amended as follows: EQUIPMENT REPLACEMENT PLAN. The DISTRICT shall pay the City by December 1, 2010 for one fully equipped fire engine for $531,439.13. The DISTRICT will maintain a reserve balance of $250,000 for FY 2010/2011. The DISTRICT will inform the CITY of changes to the reserve made during the annual budget process. DISTRICT funds in excess of the designated reserve shall be made available to the CITY as equipment replacement funds. Equipment replacement funds paid by the DISTRICT shall be used exclusively for the purchase of new National City Fire Department vehicles and operational fire and emergency medical equipment. Equipment replacement funds are separate and distinct from quarterly service fee payments. The Director of Emergency Services will make all recommendations for expenditures of equipment replacement funds subject to City Council approval. Equipment funded by the DISTRICT shall be property of the CITY. 7. Section 7 of the Agreement is amended as follows: IMPLEMENTATION. The CITY and the DISTRICT shall exercise their best efforts to implement the terms and conditions of this agreement. 8. Section 8 of the Agreement is amended as follows: NO MANDATORY DUTY. The obligations assumed by the CITY pursuant to this agreement shall not create a mandatory duty on the part of the CITY or any officer or employee of the CITY under Section 815.6 of the California Government Code. 9. Each and every provision of the Agreement shall remain in full force and effect, unless specifically amended by this First Amendment. Page 3 64 of 696 IN WITNESS WHEREOF, the parties hereto have caused this Agreernent to be executed the day and year first herein set forth. CITY OF NATIONAL CITY By: Ron Morrison, Mayor A 1"1 EST: wja•Pli Micha 1 Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Sil a City Atto LOWER SWEETWATER FIRE PROTECTION DISTRICT By: Kurt Worden, President Page 4 65 of 696 RESOLUTION NO. 2010 — 271 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES FOR THE LOWER SWEETWATER FIRE PROTECTION DISTRICT, WHICH PROVIDES FOR NEW GENERAL FUND REVENUE AND EQUIPMENT WHEREAS, the National City Fire Department has provided fire protection and emergency medical services to the Lower Sweetwater Fire Protection District ("District") since March, 1982; and WHEREAS, in 1998, the City and the District entered into an Agreement for protection and emergency services, which included the District's proposal that the annual service fee be based on increases in the Consumer Price Index for All Urban Consumers (CPI) for the San Diego metropolitan area according to the U.S. Department of Labor Bureau of Statistics; and WHEREAS, this First Amendment changes the annual service fee by requiring the District to provide monthly property tax revenue statements to the City to pay the City quarterly payments for services, which will be based on 80% of the District's monthly property tax revenue; and WHEREAS, the District also agrees to pay the City for one fully equipped fire engine in the amount of $531,439.13 by December 1, 2010; and WHEREAS, the District agrees that funds in excess of the $250,000 reserves will be made available to the City to purchase new National City Fire Department vehicles. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the First Amendment to the Agreement for Fire Protection and Emergency Medical Services for the Lower Sweetwater Fire Protection District. Said Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of December, 2010. ATTEST: Mic ael R. la City Clerk APPROVE[? AS TQ FORM: dia G. Silv City Attorney Ron Morrison, Mayor 66 of 696 Passed and adopted by the Council of the City of National City, California, on December 7, 2010 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2010-271 of the City of National City, California, passed and adopted by the Council of said City on December 7, 2010. City Natio nal City, California I k of the By: Deputy 67 of 696 RESOLUTION NO. 2020 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ESTABLISHMENT OF AN APPROPRIATION AND CORRESPONDING REVENUE BUDGET IN THE AMOUNT OF $22,000.00 FROM THE COUNTY OF SAN DIEGO LOWER SWEETWATER FIRE PROTECTION DISTRICT "EQUIPMENT REPLACEMENT PLAN" AND AUTHORIZING THE PURCHASE OF BALLISTIC PROTECTION EQUIPMENT FOR THE NATIONAL CITY FIRE DEPARTMENT WHEREAS, the National City Fire Department has provided fire protection and emergency medical services to the Lower Sweetwater Fire Protection District ("District") since March, 1982; and WHEREAS, per Resolution 2010-271, the First Amendment to the Agreement for fire protection and emergency medical services for the Lower Sweetwater Fire Protection District established an "Equipment Replacement Plan"; and WHEREAS, the District would maintain a reserve balance of $250,000 and any funds in excess of the designated reserve shall be made available to the City as equipment replacement funds; and WHEREAS, the equipment replacement funds would be used exclusively for the purchase of new National City Fire Department vehicles and operational fire and emergency medical equipment; and WHEREAS, staff received quotes to purchase ballistic equipment that consists of the following, Active Shooter Armor Kit (15) includes: gear bags (15), Protection Level II IA ballistic helmet (15), Level IV ballistic plate-front/back (15), and molle carrier (15) for the National City Fire Department and submitted a request for it to be purchased from the District's equipment fund; and WHEREAS, the Lower Sweetwater Fire Protection District Board approved the request and a check for $22,000.00 has been received; and WHEREAS, staff is requesting approval to purchase the ballistic protection equipment for the National City Fire Department and authorization to establishment an appropriation and corresponding revenue budget in the amount of $22,000.00. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City authorizing the purchase of ballistic protection equipment for the National City Fire Department and the establishment of an appropriation and corresponding revenue budget in the amount of $22,000.00 from the County of San Diego Lower Sweetwater Fire Protection District "Equipment Replacement Plan" to purchase said equipment. PASSED and ADOPTED this 17' day of March, 2020. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones, City Attorney 68 of 696 CC/CDC-HA Agenda 3/17/2020 — Page 69 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City ratifying and authorizing the acceptance of a $148,746.54 FY 2017/2018 Citizens' Option for Public Safety (COPS) Program. This Citizens' Option for Public Safety (COPS) Program allotment will fund essential police equipment for front line law enforcement as needed; and to ratify and authorize the establishment of an appropriation and corresponding revenue budget in the amount of the grant within the Supplemental Law Enforcement Services Fund (SLESF). (Police) Please scroll down to view the backup material. 69 of 696 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 17th, 2020 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City ratifying and authorizing the acceptance of a $148,746.54 FY 2017/2018 Citizens' Option for Public Safety (COPS) Program. This Citizens' Option for Public Safety (COPS) Program allotment will fund essential police equipment for front line law enforcement as needed; and to ratify and authorize the establishment of an appropriation and corresponding revenue budget in the amount of the grant within the Supplemental Law Enforcement Services Fund (SLESF). PREPARED BY: Jeffrey Meeks, Sergeant DEPARTMENT: Police PHONE: (619) 336-4446 APPROVED BY: EXPLANATION: The City of National City it has been allocated $148,746.54 in funding via the FY 1{/'f8 SLESF/COPS Program for frontline municipal police services. The City is not required to allocate any up -fro t costs or matching funds in order to receive the funds. The County of San Diego has disbursed the funds to the City of National City within 30 days of receipt from the State; as of January 2017, the City has received a total $148,746.54 from the County for FY 2017/2018. The Police Department proposes to use the total allocation of $157,591.08 toward the purchase of essential police equipment as needed in order to provide front line law enforcement services as set out in Government Code 30061-30062. This will include police equipment such as radios, ballistic equipment, helmets, gas masks and other equipment to enhance community safety. 1 FINANCIAL STATEMENT: APPROVED: ;_v a FINANCE ACCOUNT NO. APPROVED: f MIS 208-411-919-518-0000 COPS 2018 No matching funds required ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Adopt the resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Attachment 1-Award Letter 70 of 69 6 TRACY DRAGER AUDITOR AND CONTROLLER (858) 694-2176 FAX: (858) 694-2296 October 9, 2019 Craixniv mf ,$an Piego AUDITOR AND CONTROLLER 5530 OVERLAND AVE, SUITE 410, SAN DIEGO, CA 92123-1261 Leslie Deese, City Manager National City 1243 National City Boulevard National City, CA 91950-4301 Dear Ms. Deese: FISCAL YEAR 2018/19 CITIZEN'S OPTION FOR PUBLIC SAFETY (COPS) PROGRAM FUNDING The County of San Diego received an allocation for FY2018/19 in the Enhancing Law Enforcement Activities Growth Special Account within the Law Enforcement Services Account of the Local Revenue Fund 2011. Pursuant to Government Code section 30029.05(f)(2), a warrant of $55,947.62 is enclosed representing National City's proportionate share. The legislation requires that these moneys be deposited in the City's Supplemental Law Enforcement Services Account (SLESA). If you have any questions, please contact Jonathan Quan at (858) 694-2107. Sincerely, Babette Baltazar, Manager Projects, Revenue and Grants Accounting PRGA:BB:koa Enclosure RECEIVED OCT 152019 CITY OF NATIONAL CITY CITY MANAGER'S OFFICE 71 of 696 RESOLUTION NO. 2020 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING AND AUTHORIZING THE ACCEPTANCE OF A $148,746.54 FISCAL YEAR 2017/2018 CITIZENS' OPTION FOR PUBLIC SAFETY (COPS) PROGRAM FUNDING AND RATIFY AND AUTHORIZE THE ESTABLISHMENT OF AN APPROPRIATION AND CORRESPONDING REVENUE BUDGET IN THE AMOUNT OF THE GRANT WITHIN THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESF) WHEREAS, the City of National City has been allocated $148,746.54 in funding via the Fiscal Year 17/18 Supplemental Law Enforcement Services Fund (SLESF)/ Citizens' Option for Public Safety (COPS) Program for frontline municipal police services; and WEREAS, the City is not required to allocate any up -front costs or matching funds in order to receive the funds; and WHEREAS, the County of San Diego has disbursed the funds to the City of National City within 30 days of receipt from the State and as of January 2017, the City has received a total $148,746.54 from the County for Fiscal Year 2017/2018; and WHEREAS, the Police Department proposes to use the total allocation of $148,746.54 toward the purchase of essential police equipment as needed in order to provide front line law enforcement services as set out in Government Code 30061-30062; and WHEREAS, this will include police equipment such as radios, ballistic equipment, helmets, gas masks and other equipment to enhance community safety. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City hereby ratify and authorizes the acceptance of a $148,746.54 Fiscal Year 2017/2018 Citizens' Option for Public Safety (COPS) Program Grant that will fund essential police equipment for front line law enforcement as needed. BE IT FURTHER RESOLVED that the City Council of the City of National City hereby ratify and authorize the establishment of an appropriation and corresponding revenue budget in the amount of the grant within the Supplemental Law Enforcement Services Fund (SLESF). PASSED and ADOPTED this 17th day of March, 2020. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 72 of 696 CC/CDC-HA Agenda 3/17/2020 — Page 73 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City ratifying and authorizing the acceptance of a $157,591.08 FY 2017/2018 Citizens' Option for Public Safety (COPS) Program. This Citizens' Option for Public Safety (COPS) Program allotment will fund essential police equipment for front line law enforcement as needed; and to ratify and authorize the establishment of an appropriation and corresponding revenue budget in the amount of the grant within the Supplemental Law Enforcement Services Fund (SLESF). (Police) Please scroll down to view the backup material. 73 of 696 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 17th ,2020 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City ratifying and authorizing the acceptance of a $157,591.08 FY 2017/2018 Citizens' Option for Public Safety (COPS) Program. This Citizens' Option for Public Safety (COPS) Program allotment will fund essential police equipment for front line law enforcement as needed; and to ratify and authorize the establishment of an appropriation and corresponding revenue budget in the amount of the grant within the Supplemental Law Enforcement Services Fund (SLESF). PREPARED BY: Jeffrey Meeks, Sergeant DEPARTMENT: Police PHONE: (619) 336-4446 APPROVED BY: EXPLANATION: The City of National City it has been allocated $157,591.08 in funding via the FY 17/1 LES Program for frontline municipal police services. The City is not required to allocate any up -front sts or matching funds in order to receive the funds. The County of San Diego has disbursed the funds to the City of National City within 30 days of receipt from the State; as of January 2017, the City has received a total $157,591.08 from the County for FY 2017/2018. The Police Department proposes to use the total allocation of $157,591.08 toward the purchase of essential police equipment as needed in order to provide front line law enforcement services as set out in Government Code 30061-30062. This will include police equipment such as radios, ballistic equipment, helmets, gas masks and other equipment to enhance community safety. FINANCIAL STATEMENT: ACCOUNT NO. 208-411-919-518-0000 COPS 2017 No matching funds required ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION APPROVED: �` `---FINANCE APPROVED: '/// MIS FINAL ADOPTION STAFF RECOMMENDATION: Adopt the resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Attachment 1- Letter of Award 74 of 696 TRACY M. SANDOVAL DEPUTY CHIEF ADMINISTRATIVE OFFICER/ AUDITOR AND CONTROLLER (619) 531.5413 FAX: (619) 531-5219 November 8, 2017 lySrf9" o: qM�cc�•' Cuuutg of $an pi -sego FINANCE & GENERAL GOVERNMENT GROUP 1600 PACIFIC HIGHWAY, SUITE 166, SAN DIEGO, CA 92101-2422 Leslie Deese, City Manager City of National City 1243 National City Boulevard National City, CA 91950-4301 Dear Ms. Deese: FISCAL YEAR 2017/18 CITIZEN'S OPTION FOR PUBLIC SAFETY (COPS) PROGRAM FUNDING The County of San Diego received an allocation for the September COPS funding in the Enhancing Law Enforcement Activities Subaccount within the Local Revenue Fund 2011. Pursuant to section 30061 of the Government Code, National City's proportionate share for the fiscal year is $100,000. Enclosed is a warrant of $10,000 for the month of September. The legislation requires the money to be deposited in the City's Supplemental Law Enforcement Services Account (SLESA). If you have any questions, please contact Adaoha Agu at (858) 694-2129. Sincerely, BLANCA L. MILLER, Manager Projects, Revenue and Grants Accounting PRGA:BM:koa Enclosure ASSESSOR/RECORDER/COUNTY CLERK AUDITOR AND CONTROLLER CHIEF ADMINISTRATIVE OFFICE CIVIL SERVICE COMMISSION CLERK OF THE BOARD COUNTY COMMUNICATIONS OFFICE COUNTY COUNSEL COUNTY TECHNOLOGY OFFICE CITY OF'; "C'ii)NlCn Y Cif °+I:^_,� :r._°s C FF?C 1 GRAND JURY HUMAN RESOURCES RETIREMENT ASSOCIATION TREASURER -TAX COLLECTOR 75 of 696 RESOLUTION NO. 2020 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING AND AUTHORIZING THE ACCEPTANCE OF A $157,591.08 FISCAL YEAR 2017/2018 CITIZENS' OPTION FOR PUBLIC SAFETY (COPS) PROGRAM FUNDING AND RATIFYING AND AUTHORIZE THE ESTABLISHMENT OF AN APPROPRIATION AND CORRESPONDING REVENUE BUDGET IN THE AMOUNT OF THE GRANT WITHIN THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESF) WHEREAS, the City of National City has been allocated $157,591.08 in funding via the Fiscal Year 17/18 Supplemental Law Enforcement Services Fund (SLESF)/ Citizens' Option for Public Safety (COPS) Program for frontline municipal police services; and WEREAS, the City is not required to allocate any up -front costs or matching funds in order to receive the funds; and WHEREAS, the County of San Diego has disbursed the funds to the City of National City within 30 days of receipt from the State and as of January 2017, the City has received a total $157,591.08 from the County for Fiscal Year 2017/2018; and WHEREAS, the Police Department proposes to use the total allocation of $157,591.08 toward the purchase of essential police equipment as needed in order to provide front line law enforcement services as set out in Government Code 30061-30062; and WHEREAS, this will include police equipment such as radios, ballistic equipment, helmets, gas masks and other equipment to enhance community safety. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City hereby ratifies and authorizes the acceptance of a $157,591.08 Fiscal Year 2017/2018 Citizens' Option for Public Safety (COPS) Program funds that will fund essential police equipment for front line law enforcement as needed. BE IT FURTHER RESOLVED that the City Council of the City of National City hereby ratifies and authorizes the establishment of an appropriation and corresponding revenue budget in the amount of the grant within the Supplemental Law Enforcement Services Fund (SLESF). PASSED and ADOPTED this 17th day of March, 2020. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 76 of 696 CC/CDC-HA Agenda 3/17/2020 — Page 77 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City: 1) Ratifying the National City Police Department's grant application in the amount of $200,000 to the 2019 Southwest Border Rural Law Enforcement Assistance Grant; 2) Authorizing the acceptance of the grant award in the amount of $200,000; and 3) Authorizing the establishment of revenue budget and corresponding appropriation to purchase computers to be used by police officers. The City of National City will match funds in the amount of $36,803. (Police) Please scroll down to view the backup material. 77 of 696 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 17th, 2020 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City 1) Ratifying the National City Police Department's grant application in the amount of $200,000 to the 2019 Southwest Border Rural Law Enforcement Assistance Grant. 2) Authorizing the acceptance of the grant award in the amount of $200,000; and 3) Authorizing the establishment of revenue budget and corresponding appropriation to purchase computers to be used by police officers. The City of National City will match funds in the amount of $36,803 (Police). PREPARED BY: Jeffrey Meeks, Sergeant PHONE: (619) 336-4446 EXPLANATION: DEPARTMENT: Police APPROVED BY: Li% The Office of Justice Programs' (OJP) Bureau of Justice Assistance (BJA) at the U.S. +epartment of Justice announced that the City of National City was awarded a grant in the amount of $200,000, with the department to match funds in the amount of $36,803. The grant funding will enable NCPD to acquire the new computers necessary to fully support our police officers in fulfilling their mission critical role in the community of protecting lives and property. The new computers, both lap tops and desk top style, will replace the existing computers which were acquired approximately ten years ago and have reached their end of life. FINANCIAL STATEMENT: ACCOUNT NO. For Revenue 290-11673-3498 For Expenses 290-411-673-* The city will match funds in the amount of $36, 803 from account 001-411-000-502-0000 ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION APPROVED: APPROVED: FINAL ADOPTION FINANCE MIS STAFF RECOMMENDATION: Adopt the resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Grant Agreement 78 of 6961 U.S. Department ofJustice Office ofJustice Programs Office of the Assistant Attorney General t ashingtar, D.C. 20531 September 30, 2019 Chief Jose Tellez National City Police Department 1200 National City Blvd. National City, CA 91950-4302 Dear Chief Tellez: On behalf of Attorney General William P. Barr, it is my pleasure to inform you that the Office ofJustice Programs has approved your application for funding under the FY 19 Southwest Border Rural Law Enforcement Assistance Grants in the amount of $200,000 for National City Police Department. Enclosed you will find the Grant Award and Special Conditions docmnents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash -on -hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact: - Program Questions, Tahitia Barringer, Program Manager at (202) 616-3294; and - Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, Katharine T. Sullivan Principal Deputy Assistant Attorney General Enclosures 79 of 696 U.S. Department ofJustice Office ofJustice Programs Office of Civil Rights Washington. DC 20531 September 30, 2019 Chief Jose Tellez National City Police Department 1200 National City Blvd. National City, CA 91950-4302 Dear Chief Tellez: Congratulations on your recent award! The Office for Civil Rights (OCR), Office ofJustice Programs (OJP), U.S. Department of Justice (DOJ) has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) are not engaged in discrimination prohibited by law. Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972, require recipients of federal financial assistance to give assurances that they will comply with those laws. In addition to those civil rights laws, many grant program statutes contain nondiscrimination provisions that require compliance with them as a condition of receiving federal fmancial assistance. For a complete review of these civil rights laws and nondiscrimination requirements, in connection with OJP and other DOJ awards, see https://ojp.gov/funding/Explore/LegalOverview/CivilRightsRequirements.htm Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, entities, or groups. In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria. These reviews and audits pennit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a non- discriminatory manner to their service population or have employment practices that meet equal -opportunity standards. If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal justice system, there are two additional obligations that may apply in connection with the awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs): and (2) submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for additional information regarding requirements when there is an adverse finding. see 28 C.F.R. §§ 42.204(c), .205(c)(5). Please submit information about any adverse finding to the OCR at the above address. We at the OCR are available to help you and your organization meet the civil rights requirements that are associated with OJP and other DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination responsibilities as a recipient of federal financial assistance, please do not hesitate to let us know. Sincerely, Michael L. Alston Director cc: Grant Manager Financial Analyst 80 of 696 U.S. Department of Justice i Office of Justice Programs ,I � Bureau of Justice Assistance Grant PAGE 1 OF 26 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) National City Police Department 1200 National City Blvd. National City, CA 91950-4302 4. AWARD NUMBER: 20I9-DG-BX-0027 5. PROJECT PERIOD: FROM 10/01/2019 TO 09/30/2021 BUDGET PERIOD: FROM 10/01/2019 TO 09/30/2021 6. AWARD'DATE • 09/30/2019 7. ACTION Initial 2a. GRANTEE 1RSNENDOR NO. 956000828 8. SUPPLEMENT NUMBER. 00 2b. GRANTEE DUNS NO. 072494073 9. PREVIOUS AWARD AMOUNT S 0 3. PROJECT TITLE FY 19 SW Border Rural LE Information Sharing and Interdictions Assistance Program 10. AMOUNT OF THIS AWARD $ 200,000 11. TOTAL AWARD S 200,000 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT 15 APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under FY 19(BJA - JAG S%carve-out) 34 USC 10157(b) 14 . CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number) 16.738 - Edward Byrne Memorial Justice Assistance Grant Program 15. METHOD OF PAYMENT GPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL Katharine T. Sullivan Principal Deputy Assistant Attorney General 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Jose Tellez Chief 17. SIGNATURE OF APPROVING OFFICIAL 19. SIGNATURE OF AUTH • • ECIPIENT OFFICIAL ttaI. I9A. DATE 0a l8. AGENCY USE ONLY, 20. ACCOUNTING CLASSIFICATION CODES FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X B DG 80 00 00 159173 X B DG 80 00 00 00 40827 21. UD• 4GTI992 OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4-88) 3 81 of 696 U.S. Department ofJustice Office ofJustice Programs Bureau ofJustice Assistance AWARD CONTINUATION SHEET Grant PAGE 2 OF 26 PROJECT NUMBER 20 I 9-DG-BX-0027 AWARD DATE 09/30/2019 SPECIAL CONDITIONS I. Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts all such assurances or certifications as if personally executed by the authorized recipient official. Failure to comply with any one or more of these award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period - - may result in the Office ofJustice Programs ("OJP") taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. The U.S. Department ofJustice ("DOJ"). including OJP, also may take other legal action as appropriate. Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award. 2. Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2019 award from OJP. The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2019 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2019 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants");see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm. Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.333. In the event that an award -related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification. OJP FORM 4000/2 (REV. 4-88) 82 of 696 U.S. Department ofJustice Office ofJustice Programs Bureau of Justice Assistance PROJECT NUMBER 2019-DG-BX-0027 AWARD CONTINUATION SHEET Grant PAGE 3 OF 26 AWARD DATE 09/30/2019 SPECIAL CONDITIONS 3. Compliance with DOJ Grants Financial Guide References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide. 4. Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code. Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements. 5. Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January I, 2017, will satisfy this condition. in the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or FPOC must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after -- (1) the date of OJP's approval of the "Change Grantee Contact" GAN (in the case of a new POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case ofa new FPOC). Successful completion of such a training on or after January 1, 2017, will satisfy this condition. A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://www.ojp.gov/training/&nts.htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. 6. Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200,414(0. and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. OJP FORM 4000/2 (REV. 4-88) 83 of 696 U.S. Department ofJustice Office ofJustice Programs Bureau ofJustice Assistance AWARD CONTINUATION SHEET Grant PROJECT NUMBER 2019-DG-BX-0027 AWARD DATE 09/30/2019 SPECIAL CONDITIONS 7. Requirement to report potentially duplicative funding PAGE 4 OF 26 If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (01P or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget -modification or change -of -project -scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. 8. Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards ("subgrants") to first -tier subrecipients (first -tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). OR FORM 4000.12 (REV. 4-88) 84 of 696 U.S. Department ofJustice Office ofJustice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PROJECT NUMBER 2019-DG-BX-0027 AWARD DATE 09/302019 SPECIAL CONDITIONS 9. Employment eligibility verification for hiring under the award 1. The recipient (and any subrecipient at any tier) must -- PAGE 5 OF 26 A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(I) and (2). B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both-- (1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) and (2) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens. C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1) and (2). D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form 1-9 record retention requirements, as well as records of all pertinent notifications and trainings. 2, Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable. necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. 4. Rules of construction A. Staff involved in the hiring process For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds. B. Employment eligibility confirmation with E-Verify For purposes of satisfying the requirement oft is condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award fimds. C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or OJP FORM 40002 (REV. 4-88) 85 of 696 U.S. Department ofJustice Office ofJustice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PROJECT NUMBER 2019-DG-BX-0027 AWARD DATE 0950/2019 PAGE 6 OF 26 SPECIAL CONDITIONS any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1) and (2). Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https:/Awvw.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. dhs.gov. E-Verity employer agents can email E- Verify at E-VerifyEmployerAgentjdhs.gov. Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. 10. Requirement to report actual or imminent breach of personally identifiable information (P11) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (I) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "personally identifiable information (P11)" (2 CFR 200.79) within the scope of an OJP grant -funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-I30), The recipient's breach procedures must include a requirement to report actual or imminent breach of P11 to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. 11. All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are posted on the OJP web site at hops://ojp.gov/funding/Explore/SubawardAuthorization_htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. 12. Specific post -award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/fimding/ExplorefNoncompetitiveProcurement.htm (Award condition: Specific post -award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here. OJP FORM 4000/2 (REV. 4-88) 86 of 696 U.S. Department ofJustice Office ofJustice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PROJECT NUMBER 2019-DG-BX-0027 AWARD DATE 09/30/2019 SPECIAL CONDITIONS 13. Unreasonable restrictions on competition under the award; association with federal government PAGE 7 OF 26 SCOPE, This condition applies with respect to any procurement of property or services that is funded (in whole or in part) by this award, whether by the recipient or by any subrecipient at any tier, and regardless of the dollar amount of the purchase or acquisition, the method of procurement, or the nature of any legal instrument used. The provisions of this condition must be among those included in any subaward (at any tier). 1. No discrimination, in procurement transactions, against associates of the federal government Consistent with the (DOJ) Part 200 Uniform Requirements -- including as set out at 2 C.F.R. 200.300 (requiring awards to be "manage[d] and administer[edj in a manner so as to ensure that Federal funding is expended and associated programs are implemented in full accordance with U.S. statutory and public policy requirements") and 200.319(a) (generally requiring "[alll procurement transactions [to] be conducted in a manner providing full and open competition" and forbidding practices "restrictive of competition," such as "[pjlacing unreasonable requirements on finis in order for them to qualify to do business" and taking "[a]ny arbitrary action in the procurement process") -- no recipient (or subrecipient, at any tier) may (in any procurement transaction) discriminate against any person or entity on the basis of such person or entity's status as an "associate of the federal government" (or on the basis of such person or entity's status as a parent, affiliate, or subsidiary of such an associate), except as exfressly set out in 2 C.F.R. 200.319(a) or as specifically authorized by USDOJ. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. 4. Rules of construction A. The term "associate of the federal government" means any person or entity engaged or employed (in the past or at present) by or on behalf of the federal government -- as an employee, contractor or subcontractor (at any tier), grant recipient or -subrecipient (at any tier), agent, or otherwise — in undertaking any work, project, or activity for or on behalf of (or in providing goods or services to or on behalf of) the federal government, and includes any applicant for such employment or engagement, and any person or entity committed by legal instrument to undertake any such work, project, or activity (or to provide such goods or services) in future. B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other emit), to violate any federal law, including any applicable civil rights or nondiscrimination law. OJP FORM 4000/2 (REV. 4-88) 87 of 696 U.S. Department ofJustice Office ofJustice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 8 OF 26 PROJECT NUMBER 2019-DG-BX-0027 AWARD DATE 09/30/2019 SPECIAL CONDITIONS 14. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. 15. Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age. The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here. 16. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Infomtation on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide"). 17. Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timefranes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of2010, and other applicable laws. 18. OJP Training Guiding Principles Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm. OW FORM 4000/2 (REV. 4.88) 88 of 696 U.S. Department ofJustice Office ofJustice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PROJECT NUMBER 2019-DG-BX-0027 AWARD DATE 09/30/2019 SPECIAL CONDITIONS 19. Effect of failure to address audit issues PAGE 9 OF 26 The recipient understands and agrees that the DOJ awarding agency (0JP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. 20. Potential imposition of additional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period ofperformance for this award, if the recipient is designated as "high - risk" for purposes of the DOJ high -risk grantee list. 21. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. 22. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." 23. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38. currently, also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith -based or religious organizations. The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data. OJP FORM 4000/2 (REV. 4-88) 89 of 696 U.S. Department ofJustice Office ofJustice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PROJECT NUMBER 2019-DG-BX-0027 AWARD DATE 09/30/2019 SPECIAL CONDITIONS 24. Restrictions on "lobbying" PAGE 10 OF 26 In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of goverment. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal fiords awarded by OJP from being used by the recipient, or any subrecipient at any tier. to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 25. Compliance with general appropriations -law restrictions on the use of federal funds (FY 2019) The recipient, and any subrecipient ("suberantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2019, are set out at Itttps://ojp.gov/fimding/Explore/FYl9AppropriationsRestrictions.hum, and are incorporated by reference here. Should a question arise as to whether a particular use of federal fiords by a recipient (or a subrecipient) would or might fall within the scope of an appropriations -law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 26. Reporting potential fraud, waste, and abuse, and similar misconduct The recipient and any subrecipients ("subgrantees") must promptly refer to the DOJ Office of the Inspector General (010) any credible evidence thata principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award -- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: Office of the Inspector General, U.S. Department ofJustice, Investigations Division, 1425 New York Avenue, N.W. Suite 7100, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Fraud Detection Office (Attn: Grantee Reporting) at (202) 616-9881 (fax). Additional information is available from the DOJ OIG website at hops://oig.justice.gov/hotline. OJP FORM 4000/2 (REV. 4-88) 90 of 696 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE II OF 26 PROJECT NUMBER 2019-DG-BX-0027 AWARD DATE 09/30/2019 SPECIAL CONDITIONS 27. Restrictions and certifications regarding non -disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. I. In accepting this award, the recipient — a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both -- a. it represents that -- (I) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required intemal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it tears or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. OW FORM 4000/2 (REV. 4-88) 91 of 696 U.S. Department ofJustice Office ofJustice Programs Bureau ofJustice Assistance AWARD CONTINUATION SHEET Grant PROJECT NUMBER 2019-DG-BX-0027 AWARD DATE 0950/2019 SPECIAL CONDITIONS 28. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) PAGE 12 OF 26 The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of41 U.S.C. 4712. including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance. 29. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving." 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 30. Requirement to disclose whether recipient is designated "high risk" by a federal grant -making agency outside of DOJ If the recipient is designated "high risk" by a federal grant -making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high -risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high -risk status, as set out by the federal awarding agency. OJP FORM 4000; 2 (REV. 4-88) 92 of 696 U.S. Department of Justice Office ofJustice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET. Grant PROJECT NUMBER 2019-DG-BX-0027 AWARD DATE 09/30/2019 PAGE 13 OF 26 SPECIAL CONDITIONS 31. Noninterference (within the funded "program or activity") with federal law enforcement: 8 U.S.C. 1373 and 1644; ongoing compliance 1. With respect to the "program or activity" funded in whole or part under this award (including any such program or activity of any subrecipient at any tier), throughout the period of performance, no State or local government entity, - agency, or -official may prohibit or in any way restrict-- (1) any government entity or -official from sending or receiving information regarding citizenship or immigration status as described in 8 U.S.C. 1373(a); or (2) a government entity or -agency from sending, requesting or receiving, maintaining, or exchanging infomnation regarding immigration status as described in either 8 U.S.C. 1373(b) or 1644. Any prohibition (or restriction) that violates this condition is an "information -communication restriction" under this award. 2. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this condition. 3. Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable. necessary, and allocable costs (if any) that the recipient, or any subrecipient at any tier that is a State, a local government, or a public institution of higher education, incurs to implement this condition. 4. Rules of Construction A. For purposes of this condition: (1) "State" and "local government" include any agency or other entity thereof, but not any institution of higher education or any Indian tribe. (2) A "public" institution of higher education is defined as one that is owned, controlled, or directly funded (in whole or in substantial part) by a State or local government. (Such a public institution is considered to be a "government entity," and its officials to be "government officials.") (3) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d-4a). (4) "Immigration status" means what it means under 8 U.S.C. 1373 and 8 U.S.C. 1644; and terns that are defined in 8 U.S.C. 1101 mean what they mean under that section 1101, except that "State" also includes American Samoa. (5) Pursuant to the provisions set out at (or referenced in) 8 U.S.C. 1551 note ("Abolition ... and Transfer of Functions"), references to the "Immigration and Naturalization Service" in 8 U.S.C. 1373 and 1644 are to be read as references to particular components of the Department of Homeland Security (DHS). B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, any public institution of higher education, or any other entity (or individual) to violate any federal law, including any applicable civil rights or nondiscrimination law. IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. OJP FORM 4000/2 (REV. 4-88) 15 93 of 696 U.S. Department ofJustice Oftice ofJustice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PROJECT NUMBER 2019-DG-BX-0027 AWARD DATE 09/30/2019 PAGE 14 OF 26 L SPECIAL CONDITIONS 32. No use of funds to interfere with federal law enforcement: 8 U.S.C. 1373 and 1644; ongoing compliance 1. Throughout the period of performance, no State or local government entity, -agency, or -official may use fitnds under this award (including under any subaward, at any tier) to prohibit or in any way restrict-- (1) any government entity or -official from sending or receiving information regarding citizenship or immigration status as described in 8 U.S.C. 1373(a); or (2) a government entity or -agency from sending, requesting or receiving, maintaining, or exchanging information regarding immigration status as described in either 8 U.S.C. 1373(b) or 1644. Any prohibition (or restriction) that violates this condition is an "information -communication restriction" under this award. 2. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this condition. 3. Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) that the recipient, or any subrecipient at any tier that is a State, a local government, or a public institution of higher education. incurs to implement this condition. 4. Rules of Construction. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded "program or activity") with federal law enforcement: 8 U.S.C. 1373 and 1644; ongoing compliance" condition are incorporated by reference as though set forth here in full. OJP FORM 4000/2 (REV. 4-88) 94 of 696 U.S. Department ofJustice Office ofJustice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PROJECT NUMBER 2019-D0-BX-0027 AWARD DATE 09/30/2019 PAGE 15 OF 26 SPECIAL CONDITIONS 33. Authority to obligate award funds contingent on noninterference (within the funded "program or activity") with federal law enforcement: 8 U.S.C. 1373 and 1644; unallowable costs; notification 1, If the recipient is a "State," a local govermnent, or a "public" institution of higher education: A. The recipient may not obligate award funds if, at the time of the obligation, the "program or activity" of the recipient (or of any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that is funded in whole or in part with award funds is subject to any "information -communication restriction." B. In addition, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to reimburse itself if -- at the time it incurs such costs — the program or activity of the recipient (or of any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that would be reimbursed in whole or in part with award funds was subject to any information -communication restriction. C. Any drawdown of award funds by the recipient shall be considered, for all purposes, to be a material representation by the recipient to OJP that, as of the date the recipient requests the drawdown, the recipient and each subrecipient (regardless of tier) that is a State, local government, or public institution of higher education, is in compliance with the award condition entitled "Noninterference (within the funded 'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644; ongoing compliance." D. The recipient must promptly notify OJP (in writing) if the recipient, from its requisite monitoring of compliance with award conditions or otherwise, has credible evidence that indicates that the funded program or activity of the recipient, or of any subrecipient at any tier that is either a State or a local government or a public institution of higher education, may be subject to any infomtation-communication restriction. In addition, any subaward (at any tier) to a subrecipient that is a State, a local government, or a public institution of higher education must require prompt notification to the entity that made the subaward, should the subrecipient have such credible evidence regarding an information -communication restriction. 2. Any subaward (at any tier) to a subrecipient that is a State, a local government, or a public institution of higher education must provide that the subrecipient may not obligate award funds if, at the time of the obligation, the program or activity of the subrecipient (or of any further such subrecipient at any tier) that is funded in whole or in part with award funds is subject to any information -communication restriction. 3. Absent an express written determination by DOJ to the contrary, based upon a finding by DOJ of compelling circumstances (e.g., a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and transitory non-compliance, which was unknown to the recipient despite diligent monitoring), any obligations of award funds that, under this condition, may not be made shall be unallowable costs for purposes of this award. In making any such detemmination, DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent monitoring of subrecipient compliance with the requirements set out in the "Noninterference ... 8 U.S.C. 1373 and 1644; ongoing compliance" award condition. 4. Rules of Construction A. For purposes of this condition "information -communication restriction" has the meaning set out in the "Noninterference ... 8 U.S.C. 1373 and 1644; ongoing compliance" condition. B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference ... 8 U.S.C. 1373 and 1644; ongoing compliance" condition are incorporated by reference as though set forth here in full. OJP FORM 4000/2 (REV. 4-88) 95 of 696 U.S. Department ofJustice Office ofJustice Programs Bureau ofJustice Assistance AWARD CONTINUATION SHEET Grant PROJECT NUMBER 20I9-DG-BX-0027 AWARD DATE 09/30i2019 PAGE 16 OF 26 SPECIAL CONDITIONS 34. Authority to obligate award funds contingent on no use of funds to interfere with federal law enforcement: 8 U.S.C. 1373 and 1644; unallowable costs; notification 1. If the recipient is a "State," a local government, or a "public" institution of higher education: A. The recipient may not obligate award funds if, at the time of the obligation, the "program or activity" of the recipient (or of any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that is funded in whole or in part with award funds is subject to any "information -communication restriction." B. In addition, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to reimburse itself if-- at the time it incurs such costs — the program or activity of the recipient (or of any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that would be reimbursed in whole or in part with award funds was subject to any information -communication restriction. C. Any drawdown of award funds by the recipient shall be considered, for all purposes, to be a material representation by the recipient to OJP that, as of the date the recipient requests the drawdown, the recipient and each subrecipient (regardless of tier) that is a State, local government, or public institution of higher education, is in compliance with the award condition entitled "No use of funds to interfere with federal law enforcement: 8 U.S.C. 1373 and 1644; ongoing compliance." D. The recipient must promptly notify OJP (in writing) if the recipient, from its requisite monitoring of compliance with award conditions or otherwise, has credible evidence that indicates that the funded program or activity of the recipient, or of any subrecipient at any tier that is either a State or a local government or a public institution of higher education, may be subject to any information -communication restriction. In addition, any subaward (at any tier) to a subrecipient that is a State, a local government, or a public institution of higher education must require prompt notification to the entity that made the subaward, should the subrecipient have such credible evidence regarding an information -communication restriction. 2. Any subaward (at any tier) to a subrecipient that is a State, a local government, or a public institution of higher education must provide that the subrecipient may not obligate award funds if, at the time of the obligation, the program or activity of the subrecipient (or of any further such subrecipient at any tier) that is funded in whole or in part with award funds is subject to any information -communication restriction. 3. Absent an express written determination by DOJ to the contrary, based upon a finding by DOJ of compelling circumstances (e.g., a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and transitory non-compliance, which was unknown to the recipient despite diligent monitoring), any obligations of award funds that, under this condition, may not be made shall be unallowable costs for purposes of this award. In making any such determination, DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent monitoring of subrecipient compliance with the requirements set out in the "No use of funds to interfere ... 8 U.S.C. 1373 and 1644; ongoing compliance" award condition. 4. Rules of Construction. The "Rules of Construction" set out in the "Authority to obligate award funds contingent on noninterference (within the funded "program or activity") with federal law enforcement: 8 U.S.C. 1373 and 1644; unallowable costs; notification" condition are incorporated by reference as though set forth here in full. OJP FORM 40002 (REV. 4-88) 96 of 696 U.S. Department ofJustice Office ofJustice Programs Bureau ofJustice Assistance AWARD CONTINUATION SHEET Grant PROJECT NUMBER 2019-DG-BX-0027 AWARD DATE 09/30/2019 PAGE 17 OF 26 SPECIAL CONDITIONS 35. Noninterference (within the funded "program or activity") with federal law enforcement: No public disclosure of certain law enforcement sensitive information SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by the award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward (at any tier). 1. Noninterference: No public disclosure of federal law enforcement information in order to conceal, harbor, or shield Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law (including 8 U.S.C. 1324 and 18 U.S.C. cbs. I, 49, 227), no public disclosure may be made of any federal law enforcement information in a direct or indirect attempt to conceal, harbor, or shield from detection any fugitive from justice under 18 U.S.C. ch. 49, or any alien who has come to, entered. or remains in the United States in violation of 8 U.S.C. ch. 12 -- without regard to whether such disclosure would constitute (or could form a predicate for) a violation of 18 U.S.C. 1071 or 1072 or of 8 U.S.C. I324(a). 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable. necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of constntction A. For purposes of this condition -- (I) the term "alien" means what it means under section 101 of the Immigration and Nationality Act (see 8 U.S.C. 1101(a)(3)); (2) the term "federal law enforcement information" means law enforcement sensitive information communicated or made available, by the federal government, to a State or local government entity, -agency, or -official, through any means, including, without limitation-- (1) through any database, (2) in connection with any law enforcement partnership or -task-force, (3) in connection with any request for law enforcement assistance or -cooperation, or (4) through any deconfliction (or courtesy) notice of planned, imminent, commencing, continuing, or impending federal law enforcement activity; (3) the term "law enforcement sensitive information" means records or information compiled for any law enforcement purpose; and (4) the term "public disclosure" means any communication or release other than one-- (a) within the recipient, or (b) to any subrecipient (at any tier) that is a government entity. B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded 'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance" award condition are incorporated by reference as though set forth here in full. OJP FORM 4000/2 (REV. 4-88) 97 of 696 U.S. Department ofJustice Office ofJustice Programs Bureau ofJustice Assistance AWARD CONTINUATION SHEET Grant PROJECT NUMBER 2019-DG-BY-0027 AWARD DATE 09/3012019 PAGE 18 OF 26 SPECIAL CONDITIONS 36. No use of funds to interfere with federal law enforcement: No public disclosure of certain law enforcement sensitive information SCOPE. This condition applies as of the date the recipient accepts this award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward (at any tier). 1. No use of fiords to interfere: No public disclosure of federal law enforcement information in order to conceal, harbor, or shield Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law (including 8 U.S.C. 1324 and 18 U.S.C. chs. I, 49, 227), no finds under this award may be used to make any public disclosure of any federal law enforcement information in a direct or indirect attempt to conceal, harbor, or shield from detection any fugitive from justice under 18 U.S.C. cb. 49, or any alien who has come to, entered, or remains in the United States in violation of 8 U.S.C. ch. 12 -- without regard to whether such disclosure would constitute (or could form a predicate for) a violation of 18 U.S.C. 1071 or 1072 or of 8 U.S.C. I324(a). 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction, The "Rules of Construction" set out in the "Noninterference (within the funded "program or activity") with federal law enforcement: No public disclosure of certain law enforcement sensitive information" award condition are incorporated by reference as though set forth here in full. 0 OJP FORM 4000J2 (REV. 4-88) 98 of 696 r— U.S. Department ofJustice Office ofJustice Programs Bureau ofJustice Assistance AWARD CONTINUATION SHEET Grant PROJECT NUMBER 2019-DG-BX•0027 AWARD DATE 09/30/2019 PAGE 19 OF 26 SPECIAL CONDITIONS 37. Noninterference (within the funded "program or activity") with federal law enforcement: Interrogation of certain aliens SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by this award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance for the award. Its provisions must be among those included in any subaward (at any tier). 1. Noninterference with statutory law enforcement access to correctional facilities Consonant with federal law enforcement statutes and regulations — including 8 U.S.C. I357(a), under which certain federal officers and employees "have power without warrant ... to interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States," and 8 C.F.R. 287.5(a), under which that power may be exercised "anywhere in or outside the United States" -- within the funded program or activity, no State or local government entity, -agency, or -official may interfere with the exercise of that power to interrogate "without warrant" (by agents of the United States acting under color of federal law) by impeding access to any State or local government (or government -contracted) correctional facility by such agents for the purpose of "interrogat[ing] any alien or person believed to be an alien as to his [or her] right to be or to remain in the United States." 2. Monitoring The recipient's monitoring responsibilities include monitoring ofsubrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of constnnetion A. For purposes of this condition: (1) The term "alien" means what it means under section 101 of the Immigration and Nationality Act (INA) (see 8 U.S.C. 1101(a)(3)). (2) The term "correctional facility" means what it means under the title I of the Omnibus Crime Control and Safe Streets Act of 1968 (see 34 U.S.C. 10251(a)(7)). (3) The term "impede" includes taking or continuing any action, or implementing or maintaining any law, policy, rule, or practice. that — (a) is designed to prevent or to significantly delay or complicate, or (b) has the effect of preventing or of significantly delaying or complicating. B. Both the "Rules of Construction" and the "important Note" set out in the "Noninterference (within the funded 'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance" award condition are incorporated by reference as though set forth here in full. OJP FORM 4000/2 (REV. 4-88) 99 of 696 U.S. Department of Justice Office ofJustice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PROJECT NUMBER 2019-DG-BX-0027 AWARD DATE 09/30r2019 SPECIAL CONDITIONS 38. No use of funds to interfere with federal law enforcement: Interrogation of certain aliens PAGE 20 OF 26 SCOPE. This condition applies as of the date the recipient accepts this award, and throughout the remainder of the period of performance for the award. Its provisions must be among those included in any subaward (at any tier). 1. No use of funds to interfere with statutory law enforcement access to correctional facilities Consonant with federal law enforcement statutes and regulations -- including 8 U.S.C. I357(a), under which certain federal officers and employees "have power without warrant ... to interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States," and 8 C.F.R. 287.5(a), under which that power may be exercised "anywhere in or outside the United States" -- no State or local government entity, -agency, or -official may use funds under this award to interfere with the exercise of that power to interrogate "without warrant" (by agents of the United States acting under color of federal law) by impeding access to any State or local government (or government - contracted) correctional facility by such agents for the purpose of"interrogat[ing] any alien or person believed to be an alien as to his [or her] right to be or to remain in the United States." 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of constriction. The "Rules of Construction" set out in the "Noninterference (within the funded "program or activity") with federal law enforcement: Interrogation of certain aliens" award condition are incorporated by reference as though set forth here in full. OJP FORM 4000/2 (REV. 4-88) 100 of 696 U.S. Department ofJustice Office ofJustice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PROJECT NUMBER 2019-OG-BX-0027 AWARD DATE 09/30/2019 PAGE 21 OF 26 SPECIAL CONDITIONS 39. Noninterference (within the funded "program or activity") with federal law enforcement: Notice of scheduled release SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by the award, as of the date the recipient accepts the award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward at any tier. I. Noninterference with "removal" process: Notice of scheduled release date and time Consonant with federal law enforcement statutes -- including 8 U.S.C. 1231 (for an alien incarcerated by a State or local government, a 90-day "removal period" during which the federal government "shall" detain and then "shall" remove an alien from the U.S. "begins" no later than "the date the alien is released from ... confinement"; also, the federal government is expressly authorized to make payments to a "State or a political subdivision of the State ... with respect to the incarceration of [an] undocumented criminal alien"); 8 U.S.C. 1226 (the federal government "shall take into custody" certain criminal aliens "when the alien is released"); and 8 U.S.C. 1366 (requiring an annual DOJ report to Congress on "the number of illegal alien[ felons] in Federal and State prisons" and programs underway "to ensure the prompt removal" from the U.S. of removable "criminal aliens") -- within the funded program or activity, no State or local government entity, -agency, or -official (including a government -contracted correctional facility) may interfere with the "removal" process by failing to provide -- as early as practicable (see para. 4.C. below) — advance notice to DHS of the scheduled release date and time for a particular alien, if a State or local government (or government - contracted) correctional facility receives from DHS a formal written request pursuant to the INA that seeks such advance notice. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. The "Rules of Construction" set out in the "Noninterference (within the funded "program or activity") with federal law enforcement: Interrogation of certain aliens" award condition are incorporated by reference as though set forth here in full. B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, or any other entity or individual to maintain (or detain) any individual in custody beyond the date and time the individual otherwise would have been released. C. Applicability (1) Current DHS practice is ordinarily to request advance notice of scheduled release "as early as practicable (at least 48 hours, if possible)." (See DHS Form I-247A (3/17)). If (e.g., in light of the date DHS made such request) the scheduled release date and time for an alien are such as not to allow for the advance notice that DHS has requested, it shall NOT be a violation of this condition to provide only as much advance notice as practicable. (2) Current DHS practice is to use the same font for a second, distinct purpose -- to request that an individual be detained for up to 48 hours AFTER the scheduled release. This condition does NOT encompass such DHS requests for detention. OJP FORM 4000/2 (REV. 4-88) 23 101 of 696 U.S. Department ofJustice Office ofJustice Programs Bureau ofJustice Assistance AWARD CONTINUATION SHEET Grant PROJECT NUMBER 2019-DG-BX-0027 AWARD DATE 09/30/2019 SPECIAL CONDITIONS 40. No use of funds to interfere with federal law enforcement: Notice of scheduled release PAGE 22 OF 26 SCOPE. This condition applies as of the date the recipient accepts the award, and throughout the remainder of the period of perfonnance. Its provisions must be among those included in any subaward at any tier. 1. No use of finds to interfere with "removal" process: Notice of scheduled release date and time Consonant with federal law enforcement statutes -- including 8 U.S.C. 1231 (for an alien incarcerated by a State or local government, a 90-day "removal period" during which the federal government "shall" detain and then "shall" remove an alien from the U.S. "begins" no later than "the date the alien is released from ... confinement"; also, the federal government is expressly authorized to make payments to a "State or a political subdivision of the State ... with respect to the incarceration of [an] undocumented criminal alien"); 8 U.S.C. 1226 (the federal government "shall take into custody" certain criminal aliens "when the alien is released"); and 8 U.S.C. 1366 (requiring an annual DOJ report to Congress on"the number of illegal alien[ felons] in Federal and State prisons" and programs underway "to ensure the prompt removal" from the U.S. of removable "criminal aliens") -- no State or local government entity, -agency, or - official (including a government -contracted correctional facility) may use funds under this award to interfere with the "removal" process by failing to provide -- as early as practicable (see para. 4.C. below) -- advance notice to DHS of the scheduled release date and time for a particular alien, if a State or local government (or government -contracted) correctional facility receives from DHS a formal written request pursuant to the INA that seeks such advance notice. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction. The "Rules of Construction" set out in the "Noninterference (within the funded "program or activity") with federal law enforcement: Notice of scheduled release" award condition are incorporated by reference as though set forth here in full. 41. Requirement to collect certain information from subrecipients Except as provided in this condition, the recipient may not make a subaward to a State, a local government, or a "public" institution of higher education, unless it first obtains from the proposed subrecipient responses to the questions identified in the program solicitation as "Information regarding Communication with the Department of Homeland Security (DHS) and/or Immigration and Customs Enforcement (ICE)." All subrecipient responses must be collected and maintained by the recipient, consistent with document retention requirements, and must be made available to DOI upon request. Responses to these questions are not required from subrecipients that are either a tribal government/organization. a nonprofit organization, or a private institution of higher education. OJP FORM 4000/2 (REV. 4-88) 102 of 696 U.S. Department ofJustice Office ofJustice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 23 OF 26 PROJECT NUMBER 2019-DG-BX-0027 AWARD DATE 09/30/2019 SPECIAL CONDITIONS 42. The recipient agrees to submit to BJA for review and approval any curricula, training materials, proposed publications, reports, or any other written materials that will be published, including web -based materials and web site content, through funds from this grant at least thirty (30) working days prior to the targeted dissemination date. Any written, visual, or audio publications, with the exception of press releases, whether published at the grantee's or government's expense, shall contain the following statements: "This project was supported by Grant No. 2019-DG-BX-0027 awarded by the Bureau ofJustice Assistance. The Bureau ofJustice Assistance is a component of the Department of Justice's Office ofJustice Programs, which also includes the Bureau ofJustice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department ofJustice." The current edition of the DOJ Grants Financial Guide provides guidance on allowable printing and publication activities. 43. The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project. 44. Any Web site that is funded in whole or in part under this award must include the following statement on the hone page, on all major entry pages (i.e., pages (exclusive of documents) whose primary purpose is to navigate the user to interior content), and on any pages from which a visitor may access or use a Web -based service, including any pages that provide results or outputs from the service: "This Web site is funded [insert "in part," if applicable] through a grant from the [insert name of OJP component], Office ofJustice Programs, U.S. Department ofJustice. Neither the U.S. Department ofJustice nor any of its components operate, control, are responsible for, or necessarily endorse, this Web site (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)." The full text of the foregoing statement must be clearly visible on the home page. On other pages, the statement may be included through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the statement. 45. Justification of consultant rate Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such funds. 46. Withholding of fluids: No current SAM registration The recipient may not obligate, expend, or draw down any award funds tmtil: (I) the recipient acquires current registration with the System for Award Management (SAM), (2) the recipient notifies the DOJ awarding agency (OJP or OVW, as appropriate) in writing of its current SAM registration, and (3) a Grant Adjustment Notice (GAN) is issued to remove this condition. OJP FORM 4000/2 (REV. 4-88) ZS 103 of 696 U.S. Department ofJustice Office ofJustice Programs Bureau ofJustice Assistance AWARD CONTINUATION SHEET Grant PROJECT NUMBER 1019-DG-BX•0027 AWARD DATE 09/30/2019 SPECIAL CONDITIONS PAGE 24 OF 26 47. Copyright; Data rights The recipient acknowledges that OJP reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use (in whole or in part, including in connection with derivative works), for Federal purposes: (1) any work subject to copyright developed under an award or subaward (at any tier); and (2) any rights of copyright to which a recipient or subrecipient (at any tier) purchases ownership with Federal support. The recipient acknowledges that OJP has the right to (1) obtain, reproduce, publish, or otherwise use the data first produced under any such award or subaward; and (2) authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes. "Data" includes data as defined in Federal Acquisition Regulation (FAR) provision 52.227-14 (Rights in Data - General). It is the responsibility of the recipient (and of each subrecipient (at any tier), if applicable) to ensure that the provisions of this condition are included in any subaward (at any tier) under this award. The recipient has the responsibility to obtain from subrecipients, contractors, and subcontractors (if any) all rights and data necessary to fulfill the recipient's obligations to the Government under this award. If a proposed subrecipient, contractor, or subcontractor refuses to accept terms affording the Government such rights, the recipient shall promptly bring such refusal to the attention of the OJP program manager for the award and not proceed with the agreement in question without further authorization from the OJP program office. 48. Confidentiality of data The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23. 49. The award recipient agrees to participate in a data collection process measuring program outputs and outcomes. The data elements for this process will be outlined by the Office ofJustice Programs. 50. Protection of human research subjects The recipient (and any subrecipient at any tier) trust comply with the requirements of 28 C.F.R. Part 46 and all OJP policies and procedures regarding the protection ofhuman research subjects, including obtainment of Institutional Review Board approval. if appropriate, and subject informed consent. 51. Applicants must certify that Limited English Proficiency persons have meaningful access to the services under this program(s). National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe Streets Act. recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S. Department ofJustice has issued guidance for grantees to help them comply with Title VI requirements. The guidance document can be accessed on the Internet at www.lep.gov. OJP FORM 4000/2 (REV. 4-88) 210 104 of 696 U.S. Department ofJustice Office ofJustice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PROJECT NUMBER 2019-DG•BX-0027 AWARD DATE 09/30/2019 PAGE 25 OF 26 SPECIAL CONDITIONS 52. FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first -tier subawards ("subgrants") of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first -tier subrecipients (first -tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, including its reporting requirement, does not apply to-- (I) an award of less than $25,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 53. Within 90 days of this award, the recipient shall submit to the Office ofJustice Programs a finalized Memorandum of Understanding (MOU) that reflects the goals and objectives of the project and lists the identities, roles, and contributions of the participating agencies. The MOU must be signed by the Chief Executive Officer of each collaborating agency. The grantee also agrees to notify the Bureau ofJustice Assistance of any change in the status or duties of the collaborating agency partners or individuals. 54. Cooperating with OJP Monitoring The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ awards, including. but not limited to: withholdings and/or other restrictions on the recipient's access to award funds; referral to the DOJ O1G for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). 55. Verification and updating of recipient contact information The recipient must verify its Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone number and e-mail address. If any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System (GMS) to document changes. 56. Withholding of funds: Disclosure of pending applications The recipient may not obligate, expend, or draw down any award funds until: (1) it has provided to the grant manager for this OJP award either an "applicant disclosure of pending applications" for federal funding or a specific affirmative statement that no such pending applications (whether direct or indirect) exist, in accordance with the detailed instructions in the program solicitation, (2) OJP has completed its review of the information provided and of any supplemental information it may request, (3) the recipient has made any adjustments to the award that OJP may require to prevent or eliminate any inappropriate duplication of fiinding (e.g., budget modification, project scope adjustment), (4) if appropriate adjustments to a discretionary award cannot be made, the recipient has agreed in writing to any necessary reduction of the award amount in any amount sufficient to prevent duplication (as determined by OJP), and (5) a Grant Adjustment Notice has been issued to remove this condition. - • OJP FORM 4000/2 (REV. 4-88) 27 105 of 696 U.S. Departinent ofJustice Office ofJustice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PROJECT NUMBER 2019-DG-BX-0027 AWARD DATE 09/30/2019 PAGE 26 OF 26 SPECIAL CONDITIONS 57. The recipient may not obligate, expend or draw down funds until the Office of the Chief Financial Officer (OCFO) has approved the budget and budget narrative and a Grant Adjustment Notice (GAN) has been issued to remove this special condition. 58. Recipient may not obligate, expend or drawdown funds until the Bureau ofJustice Assistance, Office ofJustice Programs has received and approved the required application attachment(s) and has issued a Grant Adjustment Notice (GAN) releasing this special condition. 59. Withholding - DHS question attachment The recipient may not obligate, expend or draw down funds until the Office ofJustice Programs has received and approved the required application attachment(s) described in the program solicitation as "information regarding Communication with the Department of Homeland Security (DHS) and/or Immigration and Customs Enforcement (ICE),' and has issued a Grant Adjustment Notice (GAN) releasing this special condition. O OJP FORM 4000/2 (REV. 4.8B) 106 of 696 .� a,"� U.S. Department ofJustice Office ofJustice Programs q�� 6:a - . t Bureau ofJustice Assistance tct GRANT MANAGER'S MEMORANDUM, PT. I: PROJECT SUMMARY Grant PROJECT NUMBER I2019-DG-BX-0027 PAGE 1 OF 1 This project is supported under FY19(BJA - JAG 5% carve -out) 34 USC 10157(b) 1. STAFF CONTACT (Name & telephone number) Tahitia Barringer (202)616.3294 2. PROJECT DIRECTOR (Name, address & telephone number) Dan Hansen Police Support Services Manager 1200 National City Blvd National City Police Department National City, CA 91950 (619)336-4547 3a. TITLE OF THE PROGRAM BJA FY 19 Southwest Border Rural Law Enforcement Information Sharing and Interdiction Assistance Grants 3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE) 00 4. TITLE OF PROJECT FY 19 SW Border Rural LE Information Sharing and Interdictions Assistance Program 5. NAME & ADDRESS OF GRANTEE National CityPolice Department 1200 National City Blvd. National City, CA 91950-4302 6. NAME & ADRESS OF SUBGRANTEE 7. PROGRAM PERIOD FROM: 10/01/2019 TO: 09/30/2021 8. BUDGET PERIOD FROM: 10'01/2019 TO: 09/30/2021 9. AMOUNT OF AWARD $ 200,000 10. DATE OF AWARD 09/30/2019 11. SECOND YEAR'S BUDGET 12. SECOND YEARS BUDGET AMOUNT 13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT 15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) The BJA Southwest Border Rural Law Enforcement Information Sharing and Interdiction Assistance Grants are an innovative new program designed to provide resources and assistance to fund rural law enforcement agencies along or near the southwest border of the United States to support their efforts to reduce violent crime, including drug -related crime and human trafficking. These grants are designed to enhance information sharing (including investigatory and intelligence data) and dedicated messaging capability among federal, state, local, and tribal agencies working along or near the southwest border, and to provide previously identified specialized equipment to address crime issues that may be unique to the designated area. Grant funds will be used to equip all 65 patrol officers with laptops. The current ones ale at end -of -life. The grantee has developed the "Tech to Protect" program designed to leverage technology upgrades to enhance the safety of the community and officers. The expected outcomes will include real-time GPS tracking, communication, infonnation sharing, and emergency alerts; improved data collection and use of data; improved cross jurisdictional collaboration; and reductions in OJP FORM 4000/2 (REV. 4-88) 107 of 696 U.S. Department ofJustice Office ofJustice Programs Bureau ofJustice Assistance fi arhntgon. D.C. 20531 Memorandum To: Official Grant File From: Orbin Terry, NEPA Coordinator Subject: Categorical Exclusion for National City Police Department NEPA Type: Categorical Exclusion — Awards under this program will be used to leverage state, local or tribal subject -matter expertise. None of the following activities will be conducted whether under the Office ofJustice Programs Federal action or a related third party action: (1) New construction. (2) Renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100-year flood plain. (3) A renovation which will change the basic prior use of a facility or significantly change its size. (4) Research and technology whose anticipated and future application could be expected to have an effect on the environment. (5) Implementation of a program involving the use of chemicals. Consequently, the subject federal action meets the Office of Justice Programs' criteria for a categorical exclusion as contained in paragraph 4(b) of Appendix D to Part 61 of the Code of Federal Regulations. Additionally, the proposed action is neither a phase nor a segment of a project which when reviewed in its entirety would not meet the criteria for a categorical exclusion. 30 108 of 696 duplicate efforts in record -keeping, therefore streamlining the criminal justice process. CAINCF 3i 109 of 696 RESOLUTION NO. 2020 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY: 1) RATIFYING THE NATIONAL CITY POLICE DEPARTMENT'S GRANT APPLICATION IN THE AMOUNT OF $200,000 TO THE 2019 SOUTHWEST BORDER RURAL LAW ENFORCEMENT ASSISTANCE GRANT; 2) AUTHORIZING THE ACCEPTANCE OF THE GRANT AWARD IN THE AMOUNT OF $200,000; AND 3) AUTHORIZING THE ESTABLISHMENT OF REVENUE BUDGET AND CORRESPONDING APPROPRIATION TO PURCHASE COMPUTERS TO BE USED BY POLICE OFFICERS WITH THE CITY OF NATIONAL CITY MATCHING FUNDS IN THE AMOUNT OF $36,803 WHEREAS, the Office of Justice Programs' (OJP) Bureau of Justice Assistance (BJA) at the U.S. Department of Justice announced that the City of National City was awarded a grant in the amount of $200,000 with the department to match funds in the amount of $36,803; and WEREAS, the grant funding will enable National City Police Department to acquire new computers necessary to fully support the police officers in fulfilling their mission critical role in the community of protecting lives and property; and WHEREAS, the new computers, both laptops and desk top styles will replace existing computers which were acquired approximately ten years ago and have reached their end of life. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City hereby ratify the National City Police Department's grant application in the amount of $200,000 to the 2019 Southwest Border Rural Law Enforcement Assistance Grant and authorizes the acceptance of the grant award in the amount of $200,000. BE IT FURTHER RESOLVED that the City Council of the City of National City hereby authorizes the establishment of revenue budget and corresponding appropriation to purchase computers to be used by police officers with the City of National City matching funds in the amount of $36,803. PASSED and ADOPTED this 17th day of March, 2020. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 110 of 696 CC/CDC-HA Agenda 3/17/2020 — Page 111 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City: 1) awarding a contract to Portillo Concrete, Inc. in the amount of $514,930 for the Division Street — Euclid Avenue to Harbison Avenue Bicycle Improvements, CIP No. 19-17; 2) authorizing a 15% contingency in the amount of $77,239.50 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. (Engineering/Public Works) Please scroll down to view the backup material. 111 of 696 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING March 17, 2020 AGENDA ITEM ITEM TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract to Portillo Concrete, Inc. in the amount of $514,930 for the Division Street — Euclid Avenue to Harbison Avenue Bicycle Improvements, CIP No. 19-17; 2) authorizing a 15% contingency in the amount of $77,239.50 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. PREPARED BY: Jose Lope PHONE: 619-336-4312 EXPLANATION: See attached explanation. Associate Engineer DEPARTMENT: Engineering and Public Works APPROVED BY: 4(9/z.---14/ FINANCIAL STATEMENT: APPROVED: FINANCE ACCOUNT NO. APPROVED: MIS Contract Award (funds are available through prior City Council CIP Appropriations) Expenditure Accounts: 296-409-500-598-6600 (Division St. — Euclid Ave to Harbison Ave Bike Improvements) - $312,000 109-409-500-498-6035 (Street Resurfacing) - $202,930 15% contingency (funds are available through prior City Council CIP Appropriations) Expenditure Account: 109-409-500-498-6035 (Street Resurfacing) - $77,239.50 ENVIRONMENTAL A CEQA Categorical Exemption was determined on March 1, 2018. The Notice of Exemption will be filed with the County Recorder's Office before construction. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF Adopt Resolution awarding a contract to Portillo Concrete, Inc. in the amount of $514,930 for the Division Street — Euclid Avenue to Harbison Avenue Bicycle Improvements, CIP No. 19-17. BOARD / COMMISSION N/A ATTACHMENTS 1. Explanation w/ Exhibits 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Owner -Contractor Agreement 5. Resolution 1112of6961 Explanation On May 15, 2018, City Council adopted Resolution No. 2018-70, approving the following actions: 1) authorizing the filing of eleven grant applications through the San Diego Associations of Governments' (SANDAG) Active Transportation Grant Program (ATGP) and Smart Growth Incentive Program (SGIP); 2) accepting the terms of the grant agreements; 3) committing to providing the local match amounts identified for each project if grant awards are made by SANDAG; and 4) authorizing the City Manager or designee to execute the grant agreements if selected for funding. In the fall of 2018, SANDAG notified City staff that seven of our projects, including the Division Street — Euclid Avenue to Harbison Avenue Bicycle Improvements project, had been approved by the SANDAG Board of Directors for full funding. The City Manager subsequently executed the grant agreements with SANDAG for each project. The project will provide street resurfacing and restriping on Division Street between Euclid Avenue and Harbison Avenue to include a "road diet" for traffic calming, converting four travel lanes to two travel lanes with a two-way left -turn center lane, Class II bike lanes, parallel parking, and pedestrian enhancements. On January 16, 2020, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On January 21, 2020 and January 27, 2020, the bid solicitation was advertised in local newspapers. On February 4, 2020, four (4) bids were received by the 2:00 p.m. deadline. Bid results were immediately available for viewing on PlanetBids. Portillo Concrete, Inc. was the apparent lowest bidder with a total bid amount of $514,930.00. Upon review of all documents submitted, Portillo Concrete, Inc.'s bid was deemed responsive, and they are the lowest responsible bidder qualified to perform the work as described in the project specifications. Therefore, staff recommends awarding a contract to Portillo Concrete, Inc. in the not -to - exceed amount of $514,930.00. Staff also recommends authorizing a 15% contingency in the amount of $77,239.50 to address any unforeseen conditions that may arise. The project will be funded by a $312,000 SANDAG ATGP grant and Gas Tax Road Maintenance and Rehabilitation Account (RMRA) funds through SB1. Attached are the bid opening summary sheet and a line item summary of the three lowest bidders for reference. Also attached is the Owner -Contractor Agreement. Construction is estimated to be completed by Fall 2020. Updates will be provided on the City's CIP website at: nationalcityprojects.com. 113 of 696 969JotiLL MATCHLINE - SEE BELOW LEFT 0 rie dew ivaLuanoidua glettr BID OPENING RESULTS NAME: Division Street — Euclid Avenue to Harbison Avenue Bicycle Improvements CIP NO: 19-17 DATE: Tuesday, February 4, 2020 TIME: 2:00 P.M. ESTIMATE: $595,000 PROJECT ENGINEER: Roberto Yano, P.E. NO, BIDDER'S NAME BID AMOUNT BID SECURITY BOND 1. Portillo Concrete, Inc. 3527 Citrus St Lemon Grove, CA 91945 $514,930.00 Bond 2. Ilazard Construction Company 6465 Marindustry Drive San Diego, CA 92121 $568,924.00 Bond Alvarez and Shaw, Inc. 10001 Maine Ave. Lakeside, CA 92040 $594,397.06 Bond Blue Pacific Engineering & Construction 7330 Opportunity Road, Suite A San Diego, CA 92111 $628,581.00 Bond 115 of 696 Bid Results for Project Division Street - Euclid Avenue to Harbison Avenue Bicycle Improvements, CIP No. 19-17 Portillo Concrete, Inc. Hazard Construction Company Alvarez and Shaw, Inc. Item No. Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) 1 Mobilization/Demobilization LS 1 $10,000.00 $10,000.00 $52,100.00 $52,100.00 $14,770.53 $14,770.53 2 Surveying and Construction Staking LS 1 $12,500.00 $12,500.00 $13,500.00 $13,500.00 $6,877.32 $6,877.32 3 Signing and Striping LS 1 $25,000.00 $25,000.00 $21,500.00 $21,500.00 $25,158.97 $25,158.97 4 Traffic Control and Pedestrian Control LS 1 $15,000.00 $15,000.00 $35,000.00 $35,000.00 $40,013.48 $40,013.48 5 Clearing and Grubbing LS 1 $20,000.00 $20,000.00 $17,000.00 $17,000.00 $3,934.56 $3,934.56 6 Water Pollution Control LS 1 $3,000.00 $3,000.00 $10,200.00 $10,200.00 $19,631.61 $19,631.61 7 Construct 4" PCC Sidewalk per SDRSD G-7, G-9, G-10, G-11 SF 1116 $10.00 $11,160.00 $8.00 $8,928.00 $7.75 $8,649.00 8 Construct Curb Ramp (All Types) per Improvement & Horizontal Control Plan EA 3 $4,000.00 $12,000.00 $4,000.00 $12,000.00 $4,164.26 $12,492.78 9 Remove Existing Curb Ramp and Construct Curb Ramp (All Types) per Paving and Curb Ramp Plan EA 17 $4,000.00 $68,000.00 $4,600.00 $78,200.00 $5,422.44 $92,181.48 10 Construct 6" Curb and Gutter per SDRSD G- 2 LF 90 $40.00 $3,600.00 $70.00 $6,300.00 $33.80 $3,042.00 11 Construct 4" Integral Colored Stamped Concrete per Detail B on Sheet 02 SF 146 $20.00 $2,920.00 $30.00 $4,380.00 $11.39 $1,662.94 12 Construct 6" Modified B-4 Curb per detail D on Sheet 02 LF 89 $40.00 $3,560.00 $78.00 $6,942.00 $19.69 $1,752.41 13 Construct Cross Gutter per SDRSD G-12 SF 371 $15.00 $5,565.00 $19.00 $7,049.00 $11.54 $4,281.34 14 Construct Concrete Median Passageway, Type A with Domes per Caltrans A88B EA 1 $7,000.00 $7,000.00 $1,500.00 $1,500.00 $9,083.21 $9,083.21 Bid Results for Project Division Street - Euclid Avenue to Harbison Avenue Bicycle Improvements, CIP No. 19-17 Portillo Concrete, Inc. Hazard Construction Company Alvarez and Shaw, Inc. Item No. Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantityx Unit Price) Unit Price Extension (Quantity x Unit Price) 15 Construct Asphalt Concrete Pavement TON 40 $150.00 $6,000.00 $225.00 $9,000.00 $234.11 $9,364.40 16 Construct Class II Aggregate Base TON 78 $50.00 $3,900.00 $75.00 $5,850.00 $87.53 $6,827.34 17 2" Mill SF 116500 $0.45 $52,425.00 $0.45 $52,425.00 $0.47 $54,755.00 18 2" Overlay TON 1490 $120.00 $178,800.00 $95.00 $141,550.00 $127.59 $190,109.10 19 Unclassified Excavation LS 1 $10,000.00 $10,000.00 $20,000.00 $20,000.00 $7,615.06 $7,615.06 20 Removal, disposal and replacement of Unsuitable Material CY 50 $50.00 $2,500.00 $150.00 $7,500.00 $329.30 $16,465.00 21 Loop Detector Modification (Division and Euclid) LS 1 $9,000.00 $9,000.00 $8,500.00 $8,500.00 $10,128.42 $10,128.42 22 Solar Powered LED Illuminated Crossing (Division and Drexel) LS 1 $25,000.00 $25,000.00 $23,500.00 $23,500.00 $26,337.37 $26,337.37 23 Traffic Signal Modification (Division and Harbison) LS 1 $28,000.00 $28,000.00 $26,000.00 $26,000.00 $29,263.74 $29,263.74 Total $514,930.00 $568,924.00 $594,397.06 OWNER - CONTRACTOR AGREEMENT DIVISION STREET- EUCLID AVENUE TO HARBISON AVENUE BICYCLE IMPROVEMENTS, CIP NO. 19-17 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Portillo Concrete, Inc. ("Contractor"), 3527 Citrus Street, Lemon Grove, CA 91945, on the 17th day of March, 2020, for the construction of the above referenced Project. In consideration of the mutual covenants and agreements set forth herein, the Owner and Contractor have mutually agreed as follows: 1. CONSTRUCTION The Contractor agrees to do all the work and furnish ail the labor, services, materials and equipment necessary to construct and complete the Project in a turn -key manner in accordance with this Agreement and all documents and plans referenced in Exhibit "A", (hereinafter "Contract Documents"), in compliance with all relevant Federal, State of California, County of San Diego and City of National City codes and regulations, and to the satisfaction of the Owner. 2. CONTRACT PRICE Owner hereby agrees to pay and the Contractor agrees to accept as full compensation for constructing the project in accordance with these Contract Documents in an amount not to exceed the contract price as set forth in Exhibit "B" attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions. 3. TIME FOR PERFORMANCE Time is of the essence for this Agreement and the Contractor shall construct the project in every detail to a complete and turn -key fashion to the satisfaction of the Owner within the specified duration set forth in the Special Provisions. 4. NON-DISCRIMINATION In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person's compensation, terms, conditions or privileges of employment because of such person's race, religious status, sex or age. 5. AUTHORIZED OWNER REPRESENTATIVES 118 of 696 On behalf of the Owner, the Project Manager designated at the pre -construction meeting shall be the Owner's authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. 6. WORKERS' COMPENSATION INSURANCE a) By my signature hereunder, as Contractor, 1 certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and 1 will comply with such provisions before commencing the performance of the Work of this Agreement. b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification: "I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement." 7. ENTIRE AGREEMENT; CONFLICT The Contract Documents comprise the entire agreement between the Owner and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith. 8. MAINTENANCE OF AGREEMENT DOCUMENTATION Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Owner and copies thereof shall be furnished to Owner if requested. 9. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Owner. Owner shall have the right to control Contractor insofar as the results of Contractor's 119 of 696 services rendered pursuant to this Agreement; however, Owner shall not have the right to control the means by which Contractor accomplishes such services. 10. LICENSES AND PERMITS Contractor represents and declares to Owner that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Owner that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession. 11. GOVERNING LAW, VENUE This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of San Diego, Central Branch. 12. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original. 13. FALSE CLAIMS Contractor acknowledges that if a false claim is submitted to the Owner, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Owner seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys' fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. I have read and understood all of tie provisions of this Section 15, above: (Initial) (Initial) 120 of 696 14. AGREEMENT MODIFICATION This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Owner and the Contractor. IN WITNESS WHEREOF this Agreement is executed as of the date first written above, Owner: Contractor: Portillo Alejandra Sotelo-Solis (Owner/Officer signature) Mayor, City of National City APPROVED AS TO FORM: igiario Patina) o ?resident icE0 Print name and title By: Angil P. Morris -Jones City Attorney (Second officer signature if a corporation) Tina Vorillto, Secrtt° Print name and title Contractor's City Business License No. 6 opig p,Ac-8 State Contractor's License No. and Class 352,i Citrus €t Business street address Lemon 6roYQ, cAr 6194114$ City, State and Zip Code 121 of 696 EXHIBIT A CONTRACT DOCUMENTS Owner/Contractor Agreement Bid Schedule Addenda Plans Special Provisions (Specifications) San Diego County Regional Standard Drawings City of National City Standard Drawings Standard Specifications for Public Works Construction and Regional Supplements (Greenbook) State Standard Specifications State Standard Plans California Building, Mechanical, Plumbing and Electrical Codes Permits issued by jurisdictional regulatory agencies Electric, gas, and communications companies specifications and standards Sweetwater Authority specifications and standards Specifications, standards and requirements of MTS, BNSF, SANDAG, Port of San Diego and all other agencies that may be adjacent and/or affected by the project. 122 of 696 EXHIBIT B CONTRACT PRICE (NOTE - TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS) 123 of 696 Bid Results for Project Division Street - Euclid Avenue to Harbison Avenue Bicycle Improvements, CIP No. 19-17 Portillo Concrete, Inc. Item No. Description Unit Qty. Unit Price Extension (Quantity x Unit Price) 1 Mobilization/Demobilization LS 1 $10,000.00 $10,000.00 2 Surveying and Construction Staking LS 1 $12,500.00 $12,500.00 3 Signing and Striping LS 1 $25,000.00 $25,000.00 4 Traffic Control and Pedestrian Control LS 1 $15,000.00 $15,000.00 5 Clearing and Grubbing LS 1 $20,000.00 $20,000.00 6 Water Pollution Control LS 1 $3,000.00 $3,000.00 7 Construct 4" PCC Sidewalk per SDRSD G-7, G-9, G-10, G-11 SF 1116 $10.00 $11,160.00 8 Construct Curb Ramp (All Types) per Improvement & Horizontal Control Plan EA 3 $4,000.00 $12,000.00 9 Remove Existing Curb Ramp and Construct Curb Ramp (All Types) per Paving and Curb Ramp Plan EA 17 $4,000.00 $68,000.00 10 Construct 6" Curb and Gutter per SDRSD G- 2 LF 90 $40.00 $3,600.00 11 Construct 4" Integral Colored Stamped Concrete per Detail B on Sheet 02 SF 146 $20.00 $2,920.00 12 Construct 6" Modified B-4 Curb per detail D on Sheet 02 LF 89 $40.00 $3,560.00 13 Construct Cross Gutter per SDRSD G-12 SF 371 $15.00 $5,565.00 14 Construct Concrete Median Passageway, Type A with Domes per Caltrans A88B EA 1 $7,000.00 $7,000.00 15 Construct Asphalt Concrete Pavement TON 40 $150.00 $6,000.00 16 Construct Class II Aggregate Base TON 78 $50.00 $3,900.00 17 2" Mill SF 116500 $0.45 $52,425.00 18 2" Overlay TON 1490 $120.00 $178,800.00 19 Unclassified Excavation LS 1 $10,000.00 $10,000.00 20 Removal, disposal and replacement of Unsuitable Material CY 50 $50.00 $2,500.00 21 Loop Detector Modification (Division and Euclid) LS 1 $9,000.00 $9,000.00 22 Solar Powered LED Illuminated Crossing (Division and Drexel) LS 1 $25,000.00 $25,000.00 23 Traffic Signal Modification (Division and Harbison) LS 1 $28,000.00 $28,000.00 Total $514,930.00 124 of 696 I, ling 1orHIto CORPORATE CERTIFICATE certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that Mario 'Pov+ no , who signed said contract on behalf of the Contractor, was then 'Presider* ( COsof said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. I, certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that , who signed said contract on behalf of the Contractor, was then of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Corporate Seal: 125 of 696 PARTNERSHIP CERTIFICATE STATE OF asliforn is ) ss COUNTY OF San Dier�p On this day of , 20 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared: * Pcease SQQ a d more (Notary Seal) known to me to be of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signature: Name (Type or Print): My Commission expires: (Notary Public in and'for said County and State) Mal 23 , 2O2'S 126 of 696 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Die' o On 31 4 / 2020 Date personally appeared before me, Michelle u J e► 1 Notary Public. Here Insert Name and Title of the Officer Mario Par-jJo t Tria 1'or-hillo Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. re CHELLE NGUYEN COMM. #2288038 z Notar y Public - California San Diego County My Comm. Expires Matr 10, 2023 r Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL Signature of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Par-nership Certificate Number of Pages: 0- Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: "Tina Tb -+ill o g Corporate Officer — Title(s): Secretary /cab ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Document Date: 3 •`J• 2020 Signer's Name: Mario Pori -alp X Corporate Officer — Title(s): Preildertl-f Ceo ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 127 of 696 Issued in Triplicate Premium will be adjusted based on final contract price PERFORMANCE BOND Premium: 6,597.00 Bond No.: 024241991 WHEREAS, the City Council of the City of National City, by Resolution No. 2020- , passed the 17th day of March, 2020 has awarded to Portillo Concrete, Inc., hereinafter designated as the "Principal", the DIVISION STREET — EUCLID AVENUE TO HARBISON AVENUE BICYCLE IMPROVEMENTS, CIP NO. 19-17. WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, we, the Principal and The Ohio Casualty Insurance Company as surety, are held and firmly bound unto the City Council of the City of National City hereinafter called the "Council", in the penal sum of Five Hundred Fourteen Thousand, Nine Hundred Thirty ($514,930.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, the City Council, their officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. 128 of 696 And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed herein or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. In the event suit is brought upon this bond by the City of National City and judgment is recovered, the surety shall pay all costs incurred by the Council in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 5th day of March , 20 20 . The Ohio Casualty Insurance Company Cyndi Beilman, Attorney -in -Fact (SEAL) - (SEAL) (SEAL) � (SEAL) (SEAL) (SEAL) Surety Principal 1- 129 of 696 PERFORMANCE BOND ATTORNEY4N*ACT ACKNOWLEDGEMENT OF SURETY • STATE -OF . . ) ss; COUNTYOF . ) .0n this. :day of. , 20_ . before. me, :the undersigned, .a N ty publkin and for said; County and State, .personally appeared. known to rY eto be the :person. whose name Is subscrib:ed to: the within Instrument as the attorney -in -fact, of the.: the corporation .narned as Surety ifT said instruthent, end acknowledged to. 'me that he subscribed the :name of said Surety,..and his own name .:es attorney:An-fact. •NOTE: Signature Of those .0XeCuting for Surety • must be: properly' acknowledged. NOTE: The .AttOriley46-fact MUStattaCh..a: certified copy of the- :Power of Attorney-,. ** See Attached Acknowledgement ** Sig Name, (Type or Print): Notary Public in and for said County and State My Commission expirest CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of San Diego On March 5, 2020 Date before me, Dana L. Michaelis personally appeared Cyndi Beilman } Insert Name of Notary exactly as it appears on the official seal Name(s) of Signer(s) , Notary Public, z z DANA L. MICHAELIS Notary Public - California San Diego County Commission # 2155476 My Comm. Expires Jun 27, 2020 Place Notary Seal Above z z who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/alx subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/tear authorized capacity(ies), and that by Isis/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature �i.i����,ii�'tGxtg OPTIONAL Signature of Notary Public Dana L. Michaelis Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Number of Pages: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner ❑ Limited ❑ General RI Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here 131 of 696 ui a) a) r` Uoy oa N> Nees ra) O W di c 0 in 0)incep cp E .c O Tti O Z Liberty .Mutual® SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies''), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Cyndi Beilman, Dana Michaelis, Anne Wright Certificate No: 8197968-976090 all of the city of La Mesa state of California each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and an its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 13th day of November , 2018 . By: Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company David M. Carey, Assistant Secretary State of PENNSYLVANtA County of MONTGOMERY ss On this 13th day of November , 2018 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and -West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. COMMONWEALTH OF PENNSYLVANIA Notarial seal Tarasa Pesrerle, Notary Publlo Upper MerionTwp., Montgomery County My Cemnilsslon Expires March 28, 2021 Member, Peensylvania Assodarlan of Notaries By: Puas-) igofc& ease Pastella, Notary Public eresa This Power of Attorney is made and executed pursuant to and by authority of the followihe By-laws and Authorizations of The Ohio Casualty insurance Company, Liberty Mutual Insurance Company, and West American insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV-- OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -In -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth In their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary, Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do !hereby certify that the original power of attorney of which the foregoing Is a full, true and correct copy of the Power of Attorney executed by said Companies, Is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 5th day of March , 2020 , Renee C. Llewellyn, Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co 062018 132 of 696 Issued in Triplicate Premium will be adjusted based on final contract price Bond No.: 024241991 PAYMENT BOND Premium: Included in Performance Bond WHEREAS, the City Council of the City of National City, by Resolution No. 2020- passed the 17th day of March, 2020 has awarded to Portillo Concrete, Inc., hereinafter designated as the "Principal", the DIVISION STREET — EUCLID AVENUE TO HARBISON AVENUE BICYCLE IMPROVEMENTS, CIP NO. 19-17. WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract; NOW, THEREFORE, we, the Principal and The Ohio Casualty Insurance Company as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of Five Hundred Fourteen Thousand, Nine Hundred Thirty ($514,930.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond. r 133 of 696 It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment therefore, not by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner of Public Entity and original contractor or on the part of any obliges named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the sth day of March 2020 The Ohio Casualty Insurance Company Cyndi Beilman, Attorney -in -Fact Surety Portillo C. Crete, Inc. (SEAL) EaL) !/" (SEAL) (SEAL) (SEAL) Principal (SEAL) 134 of 696 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE•OF COUNTY OF On 'Mt day of . befbre me, the undersigned, a Notary Public. in and for. said County :and :State., personally appeared: known to me to bethe person, whose !irmrprp is subscribed to the within instrument as the. :.attorn.ey-in-fact of the the corporation .narned7u Surety in 'said Instrument -and acknowledged to. firie that he subscribed the iname of said „corporation thereto as..S..urety4 and his own Jima asattemevinwratt. NOTE: Stgnature of those :e.xci,itibg for NOTE: The Attorney-in.fact must attach: a Surety .must be properly certified copy of the Power of aeknowledged... Attorney, Signature,. ** See Attached Acknowledgement ** Name (Type or Print): (Notary Public in and for said County and State) My co rn mission expires: ATTACH ALL BoNos CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of San Diego On March 5, 2020 Date before me, Dana L. Michaelis personally appeared Cyndi Beilman } Insert Name of Notary exactly as it appears on the official seal Name(s) of Signer(s) , Notary Public, z DANA L. MICHAELIS Notary Public - California San Diego County Commission # 2155476 My Comm. Expires Jun 27, 2020 c Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ars subscribed to the within instrument and acknowledged to me that Ie/she/ttrsyc executed the same in trig/her/their authorized capacity(ies), and that by Ixis/her/ttreir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(%) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my ha Signature c--- Signature of Notary Public Dana L. Michaelis OPTIONAL d official se 1 ei,>✓k. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner ❑ Limited ❑ General Attorney in Fact ❑ Trustee ❑ Guardian or Conservator LI Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): El Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here 136 of 696 Liberty Mutual.® SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8197968-976090 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint Cyndi Beilman, Dana Michaelis, Anne Wright all of the city of La Mesa state of California each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on Its behalf as surety and as its act and deed, any and at undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 13th day of November , 2018 , By: Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company David M. Carey, Assistant Secretary State of PENNSYLVANIA ss County of MONTGOMERY 0n this 13th day of November , 2018 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and (hat he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Teresa Pastella, Notary Public Upper Marion Twp., Montgomery County My Commission Expires March 28,2021 Member, Pennsylvania Association of Notaries By: fc2ce.v L2t0 rt areas Pastella, Notary Public eresa This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV— OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -ill -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of This article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -In -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as maybe necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed, I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 5th day of March , 2020 . By: Renee C. Llewellyn, Assistant Secretary m m N -Q 1a 0 c3L�LI 0 oCD Qd' o-0 !" L. (Q gs O a O u,ct : O) o� a� E LP c°a 00 o Hs- N— LMS-12873 LMIC OCIC WAIL Multi Co 062018 137 of 696 RESOLUTION NO. 2020 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AWARDING A CONTRACT TO PORTILLO CONCRETE, INC. IN THE AMOUNT OF $514,930 FOR THE DIVISION STREET — EUCLID AVENUE TO HARBISON AVENUE BICYCLE IMPROVEMENTS, CIP NO. 19-17; 2) AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $77,239.50 FOR ANY UNFORESEEN CHANGES; AND 3) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, on May 15, 2018, City Council adopted Resolution No. 2018- 70, approving the following actions: 1) authorizing the filing of eleven grant applications through the San Diego Associations of Governments' (SANDAG) Active Transportation Grant Program (ATGP) and Smart Growth Incentive Program (SGIP); 2) accepting the terms of the grant agreements; 3) committing to providing the local match amounts identified for each project if grant awards are made by SANDAG; and 4) authorizing the City Manager or designee to execute the grant agreements if selected for funding; and WHEREAS, in the Fall of 2018, SANDAG notified City staff that seven of the projects, including the Division Street — Euclid Avenue to Harbison Avenue Bicycle Improvements project, had been approved by the SANDAG Board of Directors for full funding by a $312,000 SANDAG ATGP grant and Gas Tax Road Maintenance and Rehabilitation Account (RMRA) funds of $202,930 through SB; and WHEREAS, the City Manager executed the grant Agreements with SANDAL for each project; and WHEREAS, the project will provide street resurfacing and restriping on Division Street between Euclid Avenue and Harbison Avenue to include a "road diet" for traffic calming, converting four travel lanes to two travel lanes with a two-way left -turn center lane, Class II bike lanes, parallel parking, and pedestrian enhancements; and WHEREAS, on January 16, 2020, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors and on January 21, 2020 and January 27, 2020, the bid solicitation was advertised in local newspapers; and WHEREAS, on February 4, 2020, four (4) bids were received by the Engineering Department for the Division Street — Euclid Avenue to Harbison Avenue Bicycle Improvements Project CIP No. 19-17; and WHEREAS, Portillo Concrete Inc., was the lowest responsive bidder qualified to perform the work as described in the project specifications with a total bid amount of $514,930.00; and WHEREAS, a 15% contingency amount up to $77,239.50 for any unforeseen changes to the Project is requested. 138 of 696 Resolution No. 2020 — Page Two NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the Division Street — Euclid Avenue to Harbison Avenue Bicycle Improvement Project CIP No. 19-17, to the lowest responsive, responsible bidder, to wit: PORTILLO CONCRETE INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $514,930.00 with Portillo Concrete Inc. for the Division Street — Euclid Avenue to Harbison Avenue Bicycle Improvement Project CIP No. 19-17. Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council authorizes a 15% contingency in the amount of up to $77,239.50 for any unforeseen changes. PASSED and ADOPTED this 17th day of March, 2020 Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 139 of 696 CC/CDC-HA Agenda 3/17/2020 — Page 140 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 Program Supplement Agreement (PSA) No. F019 with the State of California Department of Transportation (Caltrans) for the Pedestrian Americans with Disabilities Act (ADA) Improvements Project to allow for reimbursement of up to $243,200 in eligible project expenditures through the Highway Safety Improvements Program (HSIP); and 2) authorizing the establishment of an Engineering Grants Fund appropriation of $243,200 and corresponding revenue budget. (Engineering/Public Works) Please scroll down to view the backup material. 140 of 696 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 17, 2020 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) authorizing the Mayor to execute Program Supplement Agreement (PSA) No. F019 with the State of California Department of Transportation (Caltrans) for the Pedestrian ADA Improvements Project to allow for reimbursement of up to $243,200 in eligible project expenditures through the Highway Safety Improvements Program (HSIP); and 2) authorizing the establishment of an Engineering Grants Fund apyropriation of $243,200 and corresponding revenue budget. PREPARED BY: Jose Lopez, PHONE: 619-336-4312 EXPLANATION: See attached. ., Associate Civil Engineer DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: MIS HSIP Grant - $243,200 Revenue Account No. 296-06046-3498 Expenditure Account No. 296-409-500-598-6046 (Pedestrian ADA Improvements) Required Local Match - $39,324 (Appropriated through FY 2020 CIP Budget) Expenditure Account No. 307-409-500-598-6558 (Traffic Signal Upgrades) ENVIRONMENTAL REVIEW: Caltrans Determination of Categorical Exclusion under 23 CFR 771.117(c): activity (c)(8), approved June 4, 2019. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution authorizing the Mayor to execute PSA No. F019 with Caltrans for the Pedestrian ADA Improvements Project to allow for reimbursement of up to $243,200 in HSIP grant funds. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation w/ Exhibits 2. Program Supplement Agreement 3. Resolution 141 of 6961 Explanation On November 3, 2015, the California Department of Transportation (Caltrans) awarded a $243,200 Highway Safety Improvement Program (HSIP) grant for the Pedestrian ADA Improvements Project. On September 13, 2019, Caltrans authorized the City to proceed with the construction phase in the amount of $243,200. There is a $39,324 local match requirement, which is available through prior City Council local TransNet appropriations for FY 2020 Traffic Signal Upgrades CIP. The project includes the installation of crosswalk striping and Americans with Disabilities Act (ADA) enhancements at the following eight intersections: 1) National City Blvd and 30th St 2) E. Plaza Blvd and "N" Ave 3) E. Plaza Blvd and Harbison Ave 4) Euclid Ave and E. 16th St 5) Euclid Ave and E. 18th St 6) E. 30th St and "L" Ave 7) Sweetwater Rd and Prospect St 8) Sweetwater Rd and Ring Rd. City Council Resolution authorizing the Mayor to execute Program Supplement Agreement No. F019 to Administering Agency -State Master Agreement No. 5066F15 is required to allow for reimbursement of eligible project expenditures through the HSIP grant. 142 of 696 LOCATION MAP u.r r/c Cw:n Lust ; wv i 5tXreweE FSF fi faUil LEGEND • PROJECT SIGNALIZED LOCATION — CITY BOUNDARY — CALTRANS RIGHT OF WAY 1500 750 0 1500 3000 4500 SCALE 1.=3000' c ,.'� i ......5, .luN'Jti .. .• ,yy. �' 4 Yf Y Y y.Y....n..v.r YAM J� ,� • 1W' r.. 0.'n,H A�•dr'ety y: 1 `3 W' s, i t:-r�-rs ic. S _ e Y CI S 1 of 4...,,,, 1,r yp 7LS cr9 ...•1Y h s.O P..i. AS ibaa Me.. fI.l vly N..:Y ' I 4 'F ` ;' .r.ne. .aY . 4� _ �v a {d !ham •°n f<• 3A } cam" ',..---, `, Yi, "•V •. �a 11 4 4 k.... , • cx � a `t ` 5 0 i 3 4 i ur it _.. �2•��� ""mot � � L-.'�'r" i t Y 0 Int. # Signalized Intersection 1 National City Blvd & 30th St 2 Plaza Blvd & N Ave 3 Plaza Blvd & Harbison Ave 4 Euclid Ave & 16th St 5 Euclid Ave & 18th St 6 30th St & LAve 7 Sweetwater Rd & Prospect St 8 Sweetwater Rd & Ring Rd *NOTE: ALL PROPOSED WORK IS WITHIN CITY RIGHT OF WAY VICINITY MAP CITY- BOUNDARY ROJECT LOCATION CALIFORNIA -• NN IO AL `NCORPORATED VICINITY/LOCATION MAP CITY OF NATIONAL CITY S20: INSTALL PEDESTRIAN CROSSING (S.I.) 2015 HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) ATTACHMENT 2 141ofFQ NATIONAL CITY BLVD & 30TH ST PLAZA BLVD & HARBISON AVE EUCLID AVE & 18TH ST }-�CALIFORNIA NikijONAL Orr ORPOg%1TED ZNCO PLAZA BLVD & N AVE EUCLID AVE & 16TH ST 1 — ;omPilialiNini fie '. vr�. - , i is. ILL i WI r 13i iMai/ %11Win. pki1! 'P _- t i I i ` : I: 30TH ST & L AVE PROPOSED CONDITIONS CITY OF NATIONAL CITY S20: INSTALL PEDESTRIAN CROSSING (S.I.) 2015 HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) ATTACHMENT 3..3 144 of 696 SWEETWATER RD & PROSPECT ST SWEETWATER RD & RING RD Intersection Install Striping (ft) ADA Complaint Curb Ramps Countdown Pedestrian Head ADA Compliant 2" Push Button Pedestrian Push Button Pole National City Blvd & 30th St 700 2 4 4 3 Plaza Blvd & N Ave 100 4 8 7 4 Plaza Blvd & Harbison Ave 150 4 8 8 2 Euclid Ave & 16th St 500 0 8 7 3 Euclid Ave & 18th St 500 0 8 8 3 30th St & L Ave 500 2 8 5 0 Sweetwater Rd & Prospect St 250 2 6 0 0 Sweetwater Rd & Ring Rd 300 0 4 0 0 GRAND TOTAL 3000 14 54 39 15 --_CALLFO.RNtA -� lNCOR UE?F.D PROPOSED CONDITIONS CITY OF NATIONAL CITY S20: INSTALL PEDESTRIAN CROSSING (S.I.) 2015 HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) ATTACHMENT 3-4 145 of 696 PROGRAM SUPPLEMENT NO. F019 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO 11-5066F15 Adv Project ID Date: September 30, 2019 1119000125 Location: 11-SD-0-NATC Project Number: HSIPL-5066(040) E.A. Number: Locode: 5066 This Program Supplement hereby adopts and incorporates the Administering Agency -State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 07/11/16 and is subject to all the terms and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Administering Agency on (See copy attached). The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages. PROJECT LOCATION: At the intersections of National City 81 & 30th St, Plaza SI & N Av, Plaza 131 & Harbison Av, Euclid Av & 16th St, Euclid Av & 18th St, 30th St & L Av, Sweetwater Rd & Prospect St, TYPE OF WORK: Installing pedestrian crossing at signalized intersections, related LENGTH: 0,0(MILES) access, &equipment improvements. Estimated Cost Federal Funds Matching Funds $282,524.00 Z240 $243,200.00 LOCAL. $39,324.0C OTHER $0.0( CITY OF NATIONAL CITY By Title Date Attest . —A1E VANBRA SOTELO--b0LTS-_T MAYOR MARCH 17, 2020 MICHAEL DALLA, CITY CLERK STATE OF CALIFORNIA Department of Transportation By Chief, Office of Project Implementation Division of Local Assistance Date I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officer Date $243, 200.00 Program Supplement 11-5066F15-F019- ISTEA Page 1 of 6 146 of 696 11-SD-O-NATC HSIPL-5066(040) SPECIAL COVENANTS OR REMARKS 1. A. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. B. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s). C. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available by future Federal obligations will be encumbered on this PROJECT by use of a STATE -approved "Authorization to Proceed" and Finance Letter. ADMINISTERING AGENCY agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration. D. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing invoices for the construction phase. Attention is directed to Section 15.7 "Award Package" of the Local Assistance Procedures Manual. E. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumbrances for State funded projects, as well as to suspend invoice payments for any on -going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period. If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual. F. Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal - Program Supplement 11-5066F15-F019- ISTEA Page 2 of 6 147 of 696 11-S D -0-NATC HSIPL-5066(040) SPECIAL COVENANTS OR REMARKS assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal -assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). G. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance. ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date. H. As a condition for receiving federal -aid highway funds for the PROJECT, the Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Exclusion List. Exclusions can be found at www.sam.gov. 2. A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal -aid program, all Title 23 Code of Program Supplement 11-5066F15-F019- ISTEA Page 3 of 6 148 of 696 11-SD-O-NATC HSIPL-5066(040) SPECIAL COVENANTS OR REMARKS Federal Regulation (CFR) and 2 CFR Part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project -specific PROGRAM SUPPLEMENT. B. Invoices shall be submitted on ADMINISTERING AGENCY letterhead that includes the address of ADMINISTERING AGENCY and shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES. C. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY, ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs. D. Indirect Cost Allocation Plan/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAPIICRP approval procedures established by STATE. E. STATE will withhold the greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT. F. Payments to ADMINISTERING AGENCY for PROJECT -related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice. G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards. H. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, Program Supplement 11-5066F15-F019- ISTEA Page 4 of 6 149 of 696 11-SD-O-NATC HSIPL-5066(040) SPECIAL COVENANTS OR REMARKS 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items. I. Every sub -recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), and other applicable STATE and FEDERAL regulations. J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE. K. STATE reserves the right to conduct technical and financial audits of PROJECT WORK and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by the following paragraph: ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of submission of the final expenditure report by the STATE to the FHWA. L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable Incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices set to or paid by STATE. M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal year of the Catalogue of Federal Domestic Assistance. N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in Program Supplement 11-5066F15-F019-1STEA Page 5 of 6 150 of 696 11-SD-O-NATC HSIPL-5066(040) SPECIAL COVENANTS OR REMARKS ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with 2 CFR, Part 200. O. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000, construction contracts over $10,000, or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f}] on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds. P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions B, C, F, H, I, K, and L under Section 2 of this agreement. Program Supplement 11-5066E15-F019- ISTEA Page 6 of 6 151 of 696 RESOLUTION NO. 2020 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AUTHORIZING THE MAYOR TO EXECUTE PROGRAM SUPPLEMENT AGREEMENT (PSA) NO. F019 WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE PEDESTRIAN ADA IMPROVEMENTS PROJECT TO ALLOW FOR REIMBURSEMENT OF UP TO $243,200 IN ELIGIBLE PROJECT EXPENDITURES THROUGH THE HIGHWAY SAFETY IMPROVEMENTS PROGRAM (HSIP); AND 2) AUTHORIZING THE ESTABLISHMENT OF AN ENGINEERING GRANTS FUND APPROPRIATION OF $243,200 AND CORRESPONDING REVENUE BUDGET WHEREAS, on November 3, 2015, the California Department of Transportation (Caltrans) awarded a $243,200 Highway Safety Improvement Program (HSIP) grant for the Pedestrian ADA Improvements Project; and WHEREAS, on September 13, 2019, Caltrans authorized the City to proceed with the construction phase in the amount of $243,200, and WHEREAS, there is a $39,324 local match requirement, which is available through prior City Council local TransNet appropriations for FY 2020 Traffic Signal Upgrades CIP; and WHEREAS, the project includes the installation of crosswalk striping and Americans with Disabilities Act (ADA) enhancements at the following eight intersections: • National City Boulevard and 30th Street • East Plaza Boulevard and "N" Avenue • East Plaza Boulevard and Harbison Avenue • Euclid Avenue and East 16th Street • Euclid Avenue and East 18th Street • East 30th Street and "L" Avenue • Sweetwater Road and Prospect Street • Sweetwater Road and Ring Road WHEREAS, a City Council Resolution authorizing the Mayor to execute Program Supplement Agreement No. F019 to Administering Agency -State Master Agreement No. 5066F15 is required to allow for reimbursement of eligible project expenditures through the HSIP grant. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of National City hereby authorizes the Mayor to execute Program Supplement Agreement (PSA) No. F019 with the State of California Department of Transportation (Caltrans) for the Pedestrian ADA Improvements Project to allow for reimbursement of up to $243,200 in eligible project expenditures through the Highway Safety Improvements Program (HSIP). 152 of 696 Resolution No. 2020 - Page Two BE IT FURTHER RESOLVED, that the City Council hereby authorizes the establishment of an Engineering Grants Fund appropriation of $243,200 and corresponding revenue budget. PASSED and ADOPTED this 17th day of March, 2020. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris Jones City Attorney 153 of 696 CC/CDC-HA Agenda 3/17/2020 — Page 154 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 Program Supplement Agreement (PSA) No. F020 with the State of California Department of Transportation (Caltrans) for the Fiber Optic Traffic Signal Interconnect Expansion, Phase II Project to allow for reimbursement of up to $455,100 in eligible project expenditures through the Highway Safety Improvements Program (HSIP); and 2) authorizing the establishment of an Engineering Grants Fund appropriation of $455,100 and corresponding revenue budget. (Engineering/Public Works) Please scroll down to view the backup material. 154 of 696 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 17, 2020 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) authorizing the Mayor to execute Program Supplement Agreement (PSA) No. F020 with the State of California Department of Transportation (Caltrans) for the Fiber Optic Traffic Signal Interconnect Expansion, Phase II Project to allow for reimbursement of up to $455,100 in eligible project expenditures through the Highway Safety Improvements Program (HSIP); and 2) authorizing the establishment of - Engineering Grants Fund appropriation of $455,100 and corresponding revenue budget. PREPARED BY: Jose Lopez, '%Rz , Associate Civil Engineer DEPARTMENT: Engineering/Public Works PHONE: 619-336-4312 / APPROVED BY: EXPLANATION: 4r"7 See attached. FINANCIAL STATEMENT: ACCOUNT NO. HSIP Grant - $455,100 Revenue Account No. 296-06045-3498 Expenditure Account No. 296-409-500-598-6045 (Fiber Optic Traffic Signal Interconnect Expansion, Phase II) �� Finance APPROVED: APPROVED: Required Local Match - $30,170 (Appropriated through FY 2020 CIP Budget) Expenditure Account No. 307-409-500-598-6558 (Traffic Signal Upgrades) ENVIRONMENTAL REVIEW: MIS Caltrans Determination of Categorical Exclusion under 23 CFR 771.117(c): activity (c)(8), approved June 4, 2019. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution authorizing the Mayor to execute PSA No. F020 with Caltrans for the Fiber Optic Traffic Signal Interconnect Expansion, Phase II Project to allow for reimbursement of up to $455,100 in HSIP grant funds. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation w/ Exhibits 2. Program Supplement Agreement 3. Resolution 100OTbyb1 Explanation On November 3, 2015, the California Department of Transportation (Caltrans) awarded a $455,100 Highway Safety Improvement Program (HSIP) grant for the Fiber Optic Traffic Signal Interconnect Expansion, Phase it Project. On September 13, 2019, Caltrans authorized the City to proceed with the construction phase in the amount of $455,100. There is a $30,170 local match requirement, which is available through prior City Council local TransNet appropriations for FY 2020 Traffic Signal Upgrades CIP. The project generally consists of installing a fiber optic traffic signal interconnect system along the 8th Street, 18th Street, Division Street, Euclid Avenue, Mile of Cars Way, Palm Avenue and Plaza Boulevard corridors. There are 29 existing traffic signals located along the seven corridors. Equipment upgrades include a combination of new switches, fiber distribution units, network cables, fiber patch cords, traffic controllers, battery backup systems, conflict monitors, power strips, single mode fiber optic cable, and fiber splice enclosures. City Council Resolution authorizing the Mayor to execute Program Supplement Agreement No. F020 to Administering Agency -State Master Agreement No. 5066F15 is required to allow for reimbursement of eligible project expenditures through the HSIP grant. 156 of 696 LOCATION MAP Avg - Mmm� tw Scs.4 %CI L4£ s•.ar• �� ♦aAky♦r tt AIqu4 Ida lc ' "DIVISION —ST CORRIDOR k4ys a a n i ♦ Ifrtn Si � BTH ST LEGEND CORRIDOR LIMITS CITY BOUNDARY S( hah.i( i ,•�^u s E,a 3 t Z ORFIDOR 1500 750 0 1500 3000 4500 SCALE 1"=3000' f S pf y 3 Y 3 QOR� ,w ▪ nonov ,Cutuv� b,w Pr�gl;trN i y • L w S • ir•i PO • a.o J I5LAZA BLVD CQTRIQOR aY -._5 • awn` 9 OR • Yam". '� SVc Ord i/T. a,q .Y Q t .� oaaa-i rryu rim tA•; `r 5 t 5 Yw1 S r"t~,t'Asa Q .a % RIDDR'. Pa `A, a•• J�'fl Cr T 4 cm„o,ea.C. a(. VICINITY MAP CITY BOUNDARY `PROJECT /` •LOCATION rxcoaposdT$v VICINITY/LOCATION MAP CITY OF NATIONAL CITY S3: IMPROVE SIGNAL TIMING (COORDINATION, PHASES, RED, YELLOW, OR OPERATION) 2015 HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) ATTACHMENT 2 i 157 of 696 I Ava flj*. Ate Int. tt Signalized Intersection 1 8th St & Harbor Dr 2 8th St & Transit Center Dwy 3 8th 5t & Roosevelt Ave 4 Plaza Blvd & Roosevelt Ave 5 _ 8th St & D Ave 6 8th St & Highland Ave 7 8th 5t & M Ave 8 8th St & Palm Ave 9 8th St & V Ave 10 8th St &S Harbison Ave 11 18th St & L Ave 12 18 th St & Palm Ave 13 18th St & Newell St 14 Division Rd & Highland Ave 15 Division Rd & R Ave Forteban 9A s $.2 f �raA raodn. sent Pan s. fly ��� l• f t, gt;� ad'Y�r 27.9 �} t9,riu ^1d .,YV •OVA- }*.aM ftt C Int. tt Signalized Intersection 16 Division Rd&TAve 17 Division Ave & Harbison Ave 18 Euclid Ave & 4th St 19 W 19th5t&TidelandsAve 20 Bay Marina Dr &Tidelands Ave 21 Bay Marina Dr & Marina Wy 22 Bay Marina Dr & Cleveland Ave 23 Mile of Cars Wy &Wilson Ave 24 Mile of Cars Wy & Hoover Ave 25 Mile of Cars Wy/24th St & D Ave 26 Palm Ave & 16th St 27 Plaza Blvd & Manchester St 28 Plaza Blvd/Paradise Valley Blvd & 8th St 29 Paradise Valley Rd & Plaza Entrada/E Plaza Blvd NOTE: ALL PROPOSED WORK IS WITHIN CITY RIGHT OF WAY. PROPOSED COMMUNICATIONS NETWORK TIES INTO EXISTING NETWORK. CALIF,OH,NIA'.-� NATIONAlteirir tNCOAPORAT'ED +n jA fe rim LEGEND - PROPOSED WIRELESS PROPOSED FIBER IN EXISTING CONDUIT — CITY BOUNDARY — CALTRANS RIGHT OF WAY • CITY SIGNALIZED LOCATION 1500 750 0 a 1500 3000 4500 SCALE: 1"..3000' PROPOSED CONDITIONS CITY OF NATIONAL CITY S3: IMPROVE SIGNAL TIMING (COORDINATION, PHASES, RED, YELLOW, OR OPERATION) 2015 HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) ATTACHMENT 3-2 i 158 of 696 PROGRAM SUPPLEMENT NO. F020 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO 11-5066F15 Adv Project ID Date: September 30, 2019 1119000124 Location: 11-SD-0-NATC Project Number: HSIPL-5066(039) E.A. Number: Locode: 5066 This Program Supplement hereby adopts and incorporates, the Administering Agency -State Agreement for Federal Aid which was entered into between the. Administering Agency and the State on 07/11/1.6 and is subject to all the terms and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Administering Agency on (See copy attached). The Administering Agency further stipulates that :as•a condition to the -'payment •by the State of any funds derived from sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages. PROJECT LOCATION: 8th St, 18th St, Division Rd, Euclid Ave, Mile of Cars Way, Palm Ave, and Plaza Blvd. TYPE OF WORK: Upgrade fiber optic traffic signal communication system incl. install of LENGTH: 0.0(MILES) conduit, cable, radios ... Estimated Cost Federal Funds Matching Funds $485,270.00 Z240 $45.5,100.00 LOCAL $30,170.0. OTHER $0.0t CITY OF NATIONAL CITY By-ALEJANOTE SUThLU-SOL1S Title MAYOR Date MARCH 17: 2020 Attest STATE OF CALIFORNIA Department of Transportation By Chief, Office of Project Implementation Division of Local Assistance Date 1 hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officer., Date V3 ci i 9 $455.100.00 Program Supplement 11-5066F15-F020- ISTEA Page 1 of 6 -4- 159 of 696 11-SD-O-NATC HSIPL-5066(039) SPECIAL COVENANTS OR REMARKS 1. A. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. B. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s). C. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available by future Federal obligations will be encumbered on this PROJECT by use of a STATE -approved "Authorization to Proceed" and Finance Letter, ADMINISTERING AGENCY agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration. D. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing invoices for the construction phase. Attention is directed to Section 15.7 "Award Package" of the Local Assistance Procedures Manual. E. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumbrances for State funded projects, as well as to suspend invoice payments for any on -going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period. If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual. F. Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal - Program Supplement 11-5066F15-F020- ISTEA Page 2 of 6 160 of 696 11-SD-O-NATC HSIPL-5066(039) SPECIAL COVENANTS OR REMARKS assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal -assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). G. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance. ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date. H. As a condition for receiving federal -aid highway funds for the PROJECT, the Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Exclusion List. Exclusions can be found at www.sam.gov. 2. A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal -aid program, all Title 23 Code of Program Supplement 11-5066F15-F020- ISTEA Page 3 of 6 161 of 696 11-SD-0-NATC HSIPL-5066(039) SPECIAL COVENANTS OR REMARKS Federal Regulation (CFR) and 2 CFR Part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project -specific PROGRAM SUPPLEMENT. B. Invoices shall be submitted on ADMINISTERING AGENCY letterhead that includes the address of ADMINISTERING AGENCY and shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES, C. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs. D. Indirect Cost Allocation Plan/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures established by STATE. E. STATE will withhold the greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT. F. Payments to ADMINISTERING AGENCY for PROJECT -related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice. G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards. H. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, Program Supplement 11-5066F15-F020- ISTEA Page 4 of 6 162 of 696 11-SD-0-NATC HSIPL-5066(039) SPECIAL COVENANTS OR REMARKS 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items. I. Every sub -recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), and other applicable STATE and FEDERAL regulations. J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE. K. STATE reserves the right to conduct technical and financial audits of PROJECT WORK and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by the following paragraph: ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of submission of the final expenditure report by the STATE to the FHWA. L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices set to or paid by STATE. M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal year of the Catalogue of Federal Domestic Assistance. N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in Program Supplement 11-5066F15-F020- ISTEA Page 5 of 6 163 of 696 11-S D-O-NATC HSIPL-5066(039) SPECIAL COVENANTS OR REMARKS ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with 2 CFR, Part 200. O. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000, construction contracts over $10,000, or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f)j on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds. P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions B, C, F, H, I, K, and L under Section 2 of this agreement. Program Supplement 11-5066F15-F020- ISTEA Page 6 of 6 164 of 696 RESOLUTION NO. 2020 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AUTHORIZING THE MAYOR TO EXECUTE PROGRAM SUPPLEMENT AGREEMENT (PSA) NO. F020 WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE FIBER OPTIC TRAFFIC SIGNAL INTERCONNECT EXPANSION, PHASE II PROJECT TO ALLOW FOR REIMBURSEMENT OF UP TO $455,100 IN ELIGIBLE PROJECT EXPENDITURES THROUGH THE HIGHWAY SAFETY IMPROVEMENTS PROGRAM (HSIP); AND 2) AUTHORIZING THE ESTABLISHMENT OF AN ENGINEERING GRANTS FUND APPROPRIATION OF $455,100 AND CORRESPONDING REVENUE BUDGET WHEREAS, on November 3, 2015, the California Department of Transportation (Caltrans) awarded a $455,100 Highway Safety Improvement Program (HSIP) grant for the Fiber Optic Traffic Signal Interconnect Expansion, Phase II Project; and WHEREAS, on September 13, 2019, Caltrans authorized the City to proceed with the construction phase in the amount of $455,100; and WHEREAS, there is a $30,170 local match requirement, which is available through prior City Council local TransNet appropriations for FY 2020 Traffic Signal Upgrades CIP; and WHEREAS, the project generally consists of installing a fiber optic traffic signal interconnect system along the 8th Street, 18th Street, Division Street, Euclid Avenue, Mile of Cars Way, Palm Avenue and Plaza Boulevard corridors; and WHEREAS, there are 29 existing traffic signals located along the seven corridors; and WHEREAS, equipment upgrades include a combination of new switches, fiber distribution units, network cables, fiber patch cords, traffic controllers, battery backup systems, conflict monitors, power strips, single mode fiber optic cable, and fiber splice enclosures; and WHEREAS, a City Council Resolution authorizing the Mayor to execute Program Supplement Agreement No. F020 to Administering Agency -State Master Agreement No. 5066F15 is required to allow for reimbursement of eligible project expenditures through the HSIP grant. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of National City hereby authorizes the Mayor to execute Program Supplement Agreement (PSA) No. F020 with the State of California Department of Transportation (Caltrans) for the Fiber Optic Traffic Signal Interconnect Expansion, Phase II Project to allow for reimbursement of up to $455,100 in eligible project expenditures through the Highway Safety Improvements Program (HSIP). 165 of 696 Resolution No. 2020 - Page Two BE IT FURTHER RESOLVED, that the City Council hereby authorizes the establishment of an Engineering Grants Fund appropriation of $455,100 and corresponding revenue budget. PASSED and ADOPTED this 17th day of March, 2020. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris Jones City Attorney 166 of 696 CC/CDC-HA Agenda 3/17/2020 — Page 167 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City: 1) authorizing the Mayor to execute Program Supplement Agreement (PSA) No. F022 with the State of California Department of Transportation (Caltrans) for the East 4th Street Protected Left -Turn Enhancements Project to allow for reimbursement of up to $177,440 in eligible project expenditures through the Highway Safety Improvements Program (HSIP); and 2) authorizing the establishment of an Engineering Grants Fund appropriation of $177,440 and corresponding revenue budget. (Engineering/Public Works) Please scroll down to view the backup material. 167 of 696 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 17, 2020 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) authorizing the Mayor to execute Program Supplement Agreement (PSA) No. F022 with the State of California Department of Transportation (Caltrans) for the E. 4th Street Protected Left -Turn Enhancements Project to allow for reimbursement of up to $177,440 in eligible project expenditures through the Highway Safety Improvements Program (HSIP); and 2) authorizing the establishment of an Engineering ants Fund appropriation of $177,440 and corresponding revenue budget. PREPARED BY: Jose Lope PHONE: 619-336-4312 EXPLANATION: See attached. ., Associate Civil Engineer DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. HSIP Grant - $177,440 Revenue Account No. 296-06047-3498 Expenditure Account No. 296-409-500-598-6047 (E. 4th Street Protected Left -Turn Enhancements) AZFinance MIS No local match is required. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Caltrans Determination of Categorical Exclusion under 23 CFR 771.117(c): activity (c)(8), approved November 19, 2019. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution authorizing the Mayor to execute PSA No. F022 with Caltrans for the E. 4th Street Protected Left -Turn Enhancements Project to allow for reimbursement of up to $177,440 in HSIP grant funds. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation w/ Exhibits 2. Program Supplement Agreement 3. Resolution 168 of 6961 Explanation On December 12, 2016, the California Department of Transportation (Caltrans) awarded a $177,440 Highway Safety Improvement Program (HSIP) grant for the E. 4th Street Protected Left -Turn Enhancements Project. On January 27, 2020, Caltrans authorized the City to proceed with the construction phase in the amount of $177,440. There is no local match requirement. The project proposes to replace existing permissive left -turn phases and signal heads with protected left -turn phases and signal heads on existing and/or new traffic signal poles and mast arms to enhance safety at the following intersections: • Palm Ave & E. 4th St • Euclid Ave & E, 4th St City Council Resolution authorizing the Mayor to execute Program Supplement Agreement No. F022 to Administering Agency -State Master Agreement No. 5066F15 is required to allow for reimbursement of eligible project expenditures through the HSIP grant. 169 of 696 A A 4. 2 H' `i wa;:' Gomm St I1 1I DOL. 4. 4� k : ▪ wun f fpvemSt m 4 4a9 SMUT., Man, fvA N nm,w4°"wrl ` \ tSmA iµw9. %.c"!'S+ .°i^5 E. u..0 n.a. fx+� G• to e i a;="' 9,n'i' tq"4 1. 1,0 Ems" 4 .. E ,..609t 2 ltd.,‘' t+;wi+ r�:� ot.,.' i . 'gt olY�w ^s. I LEGEND ® SIGNALIZED PROJECT LOCATION ▪ CITY BOUNDARY - CALTRANS RIGHT OF WAY w.: 1944. h qwv a,.wa� c,wme'a- g -� abets. Junk. .4 M1' 1 4. VICINITY MAP 'PROJECT LOCATION �GALIF,ORNI.A.-t tn, c3 J i +xcoxi`onivrio VICINITY/LOCATION MAP CITY OF NATIONAL CITY ATTACHMENT 1 170 of 696 LEGEND - EXISTING TRAFFIC SIGNAL EQUIPMENT - PROPOSED TRAFFIC SIGNAL EQUIPMENT fb PROPOSED ADA CURB RAMPS PALM AVE & E 4TH ST EUCLID AVE & 4TH ST !IS -. ALtF�.ORNJA;_ NNT ONk tary ,----,--- PROPOSED CONDITIONS CITY OF NATIONAL CITY ATTACHMENT 1 171 of 696 PROGRAM SUPPLEMENT NO. F022 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO 11.5066F15 Adv Project ID 1120000050 Date: Location: Project.Number: E.A. Number: Locode: February 5, 2020 11-S D-O-NATC HSIPL-5066(042) 5066 This Program Supplement hereby adopts and incorporates the Administering Agency -State Agreement for Federal Aid which was entered into between the Administering Agency and theState on 07/11/16 and is subject to all the terms and conditions thereof. This Program Supplement Is executed inaccordance with Article t of the aforementioned Master Agreement under authority of Resolution No. approved by the Administering Agency on (See copy attached). The Administering Agency further stipulates that as a condition to the paymentby the State of any funds derived from sources noted below obligated to this PROJECT, fate Administering Agency accepts and will comply with the special covenants or remarks set forth on.the following -pages. PROJECT LOCATION: Si • gnalized intersectionsat Palm Avenue and E. 4ih Street and Euclid Avenue at 4th Street TYPE OF WORK: Replace existing permissive left -turn phases &signal heads w LENGTH: 0.0(MILES) protected left -turn phases &signal head Estimated Cost L Federal Funds Matching Funds $177,440.00; rZS30 S177,440.00 LOCAL $0.0 OTHER $0.0( CITY OF NATIONAL CITY By ALEJANDRA SOTELO—SOLIS Title MAYOR Date MARCH 17, 2020 Attest MICHAEL DALLA, CITY CLERK STATE OF CALIFORNIA Department of Transportation By Chief, Office of Project Implementation Division of Local Assistance Date I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officer Date cl/ 02,0 S 177.440.00 Program Supplement 11-5066F15-F022- ISTEA Page 1 of 6 -4- 172 of 696 11-SD-O-NATC HSI PL-5066(042) SPECIAL COVENANTS OR REMARKS 1. A. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. B. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s). C. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available by future Federal obligations will be encumbered on this PROJECT by use of a STATE -approved "Authorization to Proceed" and Finance Letter. ADMINISTERING AGENCY agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration. D. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing invoices for the construction phase. Attention is directed to Section 15.7 "Award Package" of the Local Assistance Procedures Manual. E. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumbrances for State funded projects, as well as to suspend invoice payments for any on -going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period. If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual. F. Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal - Program Supplement 11-5066F15-F022- ISTEA Page 2 of 6 173 of 696 11-SD-O-NATC HSIPL-5066(042) SPECIAL COVENANTS OR REMARKS assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal -assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). G. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance. ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date. H. As a condition for receiving federal -aid highway funds for the PROJECT, the Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Exclusion List. Exclusions can be found at www.sam.gov. 2. A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal -aid program, all Title 23 Code of Program Supplement 11-5066F15-F022- ISTEA Page 3 of 6 174 of 696 11-S D-O-NATC HSIPL-5066(042) SPECIAL COVENANTS OR REMARKS Federal Regulation (CFR) and 2 CFR Part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project -specific PROGRAM SUPPLEMENT. B. Invoices shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES. C. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs. D. Indirect Cost Allocation Plan/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the 1CAP/ICRP approval procedures established by STATE. E. STATE will withhold the greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT. F. Payments to ADMINISTERING AGENCY for PROJECT -related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice. G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards. H. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be Program Supplement 11-5066F15-F022- ISTEA Page 4 of 6 175 of 696 11-SD-O-NATC HSIPL-5066(042) SPECIAL COVENANTS OR REMARKS used to determine the allowability of individual PROJECT cost items. I, Every sub -recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), and other applicable STATE and FEDERAL regulations. J, Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE. K. STATE reserves the right to conduct technical and financial audits of PROJECT WORK and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by the following paragraph: ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of submission of the final expenditure report by the STATE to the FHWA. L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices set to or paid by STATE, M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal year of the Catalogue of Federal Domestic Assistance. N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY's annual audit and in the schedule of projects to be Program Supplement 11-5066F15-F022- ISTEA Page 5 of 6 176 of 696 11-SD-O-NATC HSIPL-5066(042) SPECIAL COVENANTS OR REMARKS examined under its single audit prepared in accordance with 2 CFR, Part 200. O. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000, construction contracts over $10,000, or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds. P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions B, C, F, H, I, K, and L under Section 2 of this agreement. Program Supplement 11-5066F15-F022- ISTEA Page 6 of 6 177 of 696 RESOLUTION NO. 2020 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AUTHORIZING THE MAYOR TO EXECUTE PROGRAM SUPPLEMENT AGREEMENT (PSA) NO. F022 WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE EAST 4TH STREET PROTECTED LEFT -TURN ENHANCEMENTS PROJECT TO ALLOW FOR REIMBURSEMENT OF UP TO $177,440 IN ELIGIBLE PROJECT EXPENDITURES THROUGH THE HIGHWAY SAFETY IMPROVEMENTS PROGRAM (HSIP); AND 2) AUTHORIZING THE ESTABLISHMENT OF AN ENGINEERING GRANTS FUND APPROPRIATION OF $177,440 AND CORRESPONDING REVENUE BUDGET WHEREAS, on December 12, 2016, the California Department of Transportation (Caltrans) awarded a $177,440 Highway Safety Improvement Program (HSIP) grant for the East 4th Street Protected Left -Turn Enhancements Project; and WHEREAS, on January 27, 2020, Caltrans authorized the City to proceed with the construction phase in the amount of $177,440 with no local match required; and WHEREAS, the project proposes to replace existing permissive left -turn phases and signal heads with protected left -turn phases and signal heads on existing and/or new traffic signal poles and mast arms to enhance safety at the following intersections: • Palm Avenue and East 4th Street • Euclid Avenue and East 4th Street WHEREAS, a City Council Resolution authorizing the Mayor to execute Program Supplement Agreement No. F022 to Administering Agency -State Master Agreement No. 5066F15 is required to allow for reimbursement of eligible project expenditures through the HSIP grant. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of National City hereby authorizes the Mayor to execute Program Supplement Agreement (PSA) No. F022 with the State of California Department of Transportation (Caltrans) for the E. 4th Street Protected Left -Turn Enhancements Project to allow for reimbursement of up to $177,440 in eligible project expenditures through the Highway Safety Improvements Program (HSIP). 178 of 696 Resolution No. 2020 - Page Two BE IT FURTHER RESOLVED, that the City Council hereby authorizes the establishment of an Engineering Grants Fund appropriation of $177,440 and corresponding revenue budget. PASSED and ADOPTED this 17th day of March, 2020. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris Jones City Attorney 179 of 696 CC/CDC-HA Agenda 3/17/2020 — Page 180 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 Program Supplement Agreement (PSA) No. F023 with the State of California Department of Transportation (Caltrans) for the Sweetwater Road Safety Enhancements Project to allow for reimbursement of up to $680,940 in eligible project expenditures through the Highway Safety Improvements Program (HSIP); and 2) authorizing the establishment of an Engineering Grants Fund appropriation of $680,940 and corresponding revenue budget. (Engineering/Public) Please scroll down to view the backup material. 180 of 696 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 17, 2020 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) authorizing the Mayor to execute Program Supplement Agreement (PSA) No. F023 with the State of California Department of Transportation (Caltrans) for the Sweetwater Road Safety Enhancements Project to allow for reimbursement of up to $680,940 in eligible project expenditures through the Highway Safety Improvements Program (HSIP); and 2) authorizing the establishment of an Engineering Gra is Fund appropriation of $680,940 and corresponding revenue budget. PREPARED BY: Jose Lopez, P, PHONE: 619-336-4312 EXPLANATION: See attached. ssociate Civil Engineer DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. HSIP Grant - $680,940 Revenue Account No. 296-06048-3498 Expenditure Account No. 296-409-500-598-6048 (Sweetwater Road Safety Enhancements) APPROVED: !'Gi Finance MIS APPROVED: Required Local Match - $83,475 (Appropriated through FY 2020 CIP Budget Expenditure Account No. 307-409-500-598-6558 (Traffic Signal Upgrades) ENVIRONMENTAL REVIEW: Caltrans Determination of Categorical Exclusion under 23 CFR 771.117(c): activity (c)(22), approved October 30, 2019. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution authorizing the Mayor to execute PSA No. F023 with Caltrans for the Sweetwater Road Safety Enhancements Project to allow for reimbursement of up to $680,940 in HSIP grant funds. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation w/ Exhibits 2. Program Supplement Agreement 3. Resolution 101 01 0 O1 Explanation On December 12, 2016, the California Department of Transportation (Caltrans) awarded a $680,940 Highway Safety Improvement Program (HSIP) grant for the Sweetwater Road Safety Enhancements Project. On January 27, 2020, Caltrans authorized the City to proceed with the construction phase in the amount of $680,940. There is an $83,475 local match requirement, which is available through prior City Council local TransNet appropriations for FY 2020 Traffic Signal Upgrades CIP. The project proposes to install raised medians for traffic calming and new street lights to enhance safety along Sweetwater Road from Plaza Bonita Road / Stockman Street to Plaza Bonita Center Way. The medians would maintain the current allowable turning movements to and from the side streets. City Council Resolution authorizing the Mayor to execute Program Supplement Agreement No. F023 to Administering Agency -State Master Agreement No. 5066F15 is required to allow for reimbursement of eligible project expenditures through the HSIP grant. 182 of 696 'rr. i Wu 9 • •IS Y t F � Bata 4 Eta9 • kertic•S, S awwV�"e S, COW' 7 0 N.4 4' 1- W � � z Sa unib ,; z 2 5\ e,„'>oa a4 „ Bv,Jr'. % �\ Wt. S; FV.. k Yyyt ,tr i scdtG ;,. Ea 3 `. sa ynve raa ? i,a5t F x.k ',. i k ' H.eus .t 4 u.o 0.TY il,. y'a..-a -z. G]"Wana,ee _.� ✓• f, • tin at ? 9n ..0 i"'' a ,LA,.. 1,',., cyst t,,^ti 61,mw %.:. 2 ar,.. 1. T c v; E�:nSt a , pT S E'r :eE 1K' ; F :entail Far* y �µd+sa A, •• .� r�. .. E., G.'ma � zz tE�`a P/oN YU ! pS.. y a++`u a x Fir• t E M^S\ 9 LctVAS. Y Z. K lnd`Sa • ^ Elr'�Ss Y ;1. a A K 3 a Lr % i rtl,St , - ▪ 3 v L W r ,7. I Sii•SV" Z , E,u - .gym...... LEGEND — CORRIDOR LIMITS CITY BOUNDARY CALTRANS RIGHT OF WAY L. • e• ar a. 41.e„a9. 1 � b ow,er Si e VICINITY MAP PROJECT :LOCATION 77. CALIFOI N,UC-. : NiVrtONALCITV cunpogntso VICINITY/LOCATION MAP CITY OF NATIONAL CITY R9: INSTALL RAISED MEDIAN AND R1: ADD SEGMENT LIGHTING 2016 HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) ATTACHMENT 2 I 183 0f 696 STOCKMAN AN ST LEGEND SIGNAUZED INTERSECTION PROPOSED STRIPING 0 PROPOSED MEDIAN PROPOSED CONDITIONS CITY OF NATIONAL CITY R9: INSTALL RAISED MEDIAN 2016 HIGHWAY SAFETY IMPROVEMENT PROGRAM{HSIP) ATTACHMENT 3-5 184 of 696 PLAZA BONITA CENTERWAY 0 cis uJw wz 0 J f71 = W W Ul Q LEGEND 0 SIGNALIZED INTERSECTION PROPOSED STRIPING C7 PROPOSED MEDIAN �.: C/1lI1,011N1A.� NATIONAL CITY �ilJ:JJ PROPOSED CONDITIONS CITY OF NATIONAL CITY R9: INSTALL RAISED MEDIAN 2016 HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) ATTACHMENT 3-6 185 of 696 STOCKMAN ST 1113 PLAZA BONITA RD F p p U *Q EUl Z O < 0 uJ < cot LEGEND ® SIGNAUZED INTERSECTION EXISTING STREET/SAFETY LIGHT -a PROPOSED STREET LIGHT PROPOSED CONDUIT PROPOSED SERVICE METER Tal PROPOSED CONDITIONS CITY OF NATIONAL CITY RI: ADD SEGMENT LIGHTING 2016 HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) ATTACHMENT 3-7 186 of 696 PLAZA BONITA CENTERWAY LEGEND Qs SIGNALIZED INTERSECTION -a EXISTING STREET/SAFETY LIGHT PROPOSED STREET LIGHT PROPOSED CONDUIT PROPOSED SERVICE METER N&TIONAL_CITY �aved.L„nar%� PROPOSED CONDITIONS CITY OF NATIONAL CITY RI: ADD SEGMENT LIGHTING 2016 HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) ATTACHMENT 3-8 187 of 696 PROGRAM SUPPLEMENT NO. F023 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL AID PROJECTS NO 11-5066F15 Adv Project ID Date: 1120000052 Location: Project Number: E.A. Number: Locode: February 5, 2020 11-SD-0-NATC HSIPL-5066(043) 6066 This Program Supplement hereby adopts and incorporates the Administering Agency -State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 07/11/16 and is subject to all the terms and conditions thereof. This. Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No, approved by the Administering Agency on (See copy attached). The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages. PROJECT LOCATION: Sweetwater Road from Plaza Bonita Road/ Stockman to Plaza. Bonita Centerway TYPE OF WORK: Install pinned raised median and street lighting. LENGTH: 0.0(MILES) Estimated Cost Federal Funds Matching Funds $764,415.00 ZS30 $680,940.00 LOCAL $75,660.0 OTHER $7,815.0( CITY OF NATIONAL CITY By Title Date Attest ALEJANDRA SOTELO—SOLIS MAYOR MARCH 17, 2020 MICHAEL DALLA, CITY CLERK STATE OF CALIFORNIA Department of Transportation By Chief, Office of Project Implementation Division of Local Assistance Date I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officer Date 4/ Se/z .2-0 Program Supplement 11-5066F15-F023- ISTEA $680,940.00 Page 1 of 6 188 of 696 11-SD-0-NATC I-ISIPL-5066(043) SPECIAL COVENANTS OR REMARKS 1. A. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. B. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s). C. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available by future Federal obligations will be encumbered on this PROJECT by use of a STATE -approved "Authorization to Proceed" and Finance Letter. ADMINISTERING AGENCY agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration. D. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing invoices for the construction phase. Attention is directed to Section 15.7 "Award Package" of the Local Assistance Procedures Manual, E. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumbrances for State funded projects, as well as to suspend invoice payments for any on -going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period. If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual. F. Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal - Program Supplement 11-5066F15-F023- ISTEA Page 2 of 6 189 of 696 11-SD-O-NATC HSIPL-5066(043) SPECIAL COVENANTS OR REMARKS assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal -assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). G. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance. ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date. H. As a condition for receiving federal -aid highway funds for the PROJECT, the Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Exclusion List. Exclusions can be found at www.sam.gov. 2. A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal -aid program, all Title 23 Code of Program Supplement 11-5066F15-F023- ISTEA Page 3 of 6 190 of 696 11-SD-O-NATC HSIPL-5066(043) SPECIAL COVENANTS OR REMARKS Federal Regulation (CFR) and 2 CFR Part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project -specific PROGRAM SUPPLEMENT. B. Invoices shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES. C. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs. D. Indirect Cost Allocation Plan/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures established by STATE. E. STATE will withhold the greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT. F. Payments to ADMINISTERING AGENCY for PROJECT -related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) ,days of such invoice. G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards. R. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be Program Supplement 11-5066F15-F023- ISTEA Page 4 of 6 191 of 696 11-SD-O-NATC HSIPL-5066(043) SPECIAL COVENANTS OR REMARKS used to determine the allowability of individual PROJECT cost items. I. Every sub -recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), and other applicable STATE and FEDERAL regulations. J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE. K. STATE reserves the right to conduct technical and financial audits of PROJECT WORK and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by the following paragraph: ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of submission of the final expenditure report by the STATE to the FHWA. L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices set to or paid by STATE. M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal year of the Catalogue of Federal Domestic Assistance. N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY's annual audit and in the schedule of projects to be Program Supplement 11-5066F15-F023- ISTEA Page 5 of 6 192 of 696 11-SD-0-NATC HSIPL-5066(043) SPECIAL COVENANTS OR REMARKS examined under its single audit prepared in accordance with 2 CFR, Part 200. O. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000, construction contracts over $10,000, or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds. P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions B, C, F, H, 1, K, and L under Section 2 of this agreement. Program Supplement 11-5066F15-F023- ISTEA Page 6 of 6 193 of 696 RESOLUTION NO. 2020 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AUTHORIZING THE MAYOR TO EXECUTE PROGRAM SUPPLEMENT AGREEMENT (PSA) NO. F023 WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE SWEETWATER ROAD SAFETY ENHANCEMENTS PROJECT TO ALLOW FOR REIMBURSEMENT OF UP TO $680,940 IN ELIGIBLE PROJECT EXPENDITURES THROUGH THE HIGHWAY SAFETY IMPROVEMENTS PROGRAM (HSIP); AND 2) AUTHORIZING THE ESTABLISHMENT OF AN ENGINEERING GRANTS FUND APPROPRIATION OF $680,940 AND CORRESPONDING REVENUE BUDGET WHEREAS, on December 12, 2016, the California Department of Transportation (Caltrans) awarded a $680,940 Highway Safety Improvement Program (HSIP) grant for the Sweetwater Road Safety Enhancements Project; and WHEREAS, on January 27, 2020, Caltrans authorized the City to proceed with the construction phase in the amount of $680,940; and WHEREAS, there is an $83,475 local match requirement, which is available through prior City Council local TransNet appropriations for FY 2020 Traffic Signal Upgrades CIP; and WHEREAS, the project proposes to install raised medians for traffic calming and new street lights to enhance safety along Sweetwater Road from Plaza Bonita Road / Stockman Street to Plaza Bonita Center Way; and WHEREAS, a City Council Resolution authorizing the Mayor to execute Program Supplement Agreement No. F023 to Administering Agency -State Master Agreement No. 5066F15 is required to allow for reimbursement of eligible project expenditures through the HSIP grant. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of National City hereby authorizes the Mayor to execute a Program Supplement Agreement (PSA) No. F023 with the State of California Department of Transportation (Caltrans) for the Sweetwater Road Safety Enhancements Project to allow for reimbursement of up to $680,940 in eligible project expenditures through the Highway Safety Improvements Program (HSIP). 194 of 696 Resolution No. 2020 - Page Two BE IT FURTHER RESOLVED, that the City Council hereby authorizes the establishment of an Engineering Grants Fund appropriation of $680,940 and corresponding revenue budget. PASSED and ADOPTED this 17th day of March, 2020. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris Jones City Attorney 195 of 696 CC/CDC-HA Agenda 3/17/2020 — Page 196 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City to piggyback onto General Services Administration (GSA) Contract #GS-28F-0022U with Russ Basset Corporation for the purchase and installation of six new workstations and replacement of carpet tiles for National City Police Dispatch in an amount not to exceed $143,146.46. (Engineering/Public Works) Please scroll down to view the backup material. 196 of 696 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 17, 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 City to piggyback onto General Services Administration (GSA) Contract #GS-28F-0022U with Russ Basset Corporation for the purchase and installation of six new workstations and replacement of carpet tiles for National City Police Dispatch in an amount not to exceed $143,146.46. PREPARED BY: Roberto Yano, Deputy City Engineer PHONE: 619-336-4383 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: /t" ' ' " Finance ACCOUNT NO. APPROVED: MIS (911 Residual Funds) - $25,151.77 (State of California will pay the contractor directly) 131-411-000-599-0000 (PD Asset Forfeiture) - $75,000.00 001-411-000-502-0000 (PD Computer Equipment) - $42,994.69 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution awarding the purchase and installation of six new workstations and replacement of carpet tiles for National City Police Dispatch in an amount not to exceed $143,146.46. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Quotes 3. GSA Contract #GS-28F-0022U 4. Resolution 497 01 696] EXPLANATION The current National City Police Dispatch Workstations have exceeded their useful life and are scheduled to be replaced, Due to new technology demands and the weight and size of the equipment required at each workstation, the current setup is no longer feasible. In addition, the workstations do not provide the ergonomic support necessary for police dispatchers to perform their job. Consistent with Section 2.60.260 of the National City Municipal Code (NCMC) regarding cooperative purchasing, there is an opportunity to piggyback onto General Services Administration (GSA) Contract #GS-28F-0022U with Russ Basset Corporation to allow for the purchase and installation of six new workstations and replacement of carpet tiles for National City Police Dispatch. Piggybacking these types of contracts allows the City to take advantage of competitively bid pricing. 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 determined by the purchasing agent to allow a procurement that is in the best interests'ef 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 GSA Contract #GS-28F-0022U with Russ Basset Corporation was competitively bid through a Request for Bid (RFB) process', and that the respective procurement procedures are in substantial compliance with thosd of National City. Therefore, staff requests that City Council authorize the Mayor to award the purchase and installation of six new workstations and replacement of carpet tiles for National City Police Dispatch to Russ Basset Corporation in a not to exceed amount of $143,146.46 consistent with Section 2.602.60 of the National City Municipal Code regarding cooperative purchasing, by piggybacking the GSA Contract #GS-28F-0022U. The funding for this award is available through State of California 911 Residual Funds, Asset Forfeiture Funds, and Police Department Maintenance & Operating budget for Computer Equipment. 198 of 696 desience m russ bassett 8189 Byron Rd, WhHe , CA 90606 j833J 330-2u5 SAE: AVA RABAGO ORA WN BY: TRISH CASELLA REVISIONS Rev I BATE I 08iCRIP00N 18Y D 01/07/20 2D&30 DRAWING TC CUSTONRR: NATIONAL CIW POLICE PROJECT ADDRESS 1200 NATIONAL CITY BLVD NATIONAL CITY, CA 91 950 PROJECTNANA NUMBER OF POSITIONS: SCALE 6 NTS FINAL APPROVAL BY: DATE SHg1 DESCRIPTION: ELAN VIEW RUSS BASSETT CORPORATION HEREBY EXPRESSLY RESERVES ITS COMMON LAW COPYRIGHT AND OTHER PROPERTY RIGHTS IN THESE PLANS, THESE PLANS ARE NOT TO BE COPIED, REPRODUCED OR CHANGED IN ANY FORM OR MANNER WHATSOEVER, NOR ARE THEY TO BE ASSIGNED TO ANY THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS WRITTEN PERMISSION AND CONSENT OF RUSS BASSETT CORPORATION. DRAWING # OPTION REV_ SHEET DC-21027-01 ] D desience -�I• nir runs bossett 8189 Byron9d. Whittier, CA90606 {8001350-244 SAE: AVA RABAGO DRAWN BY: TRISH CASELLA REVISIONS RN, I DATE 'I n6CRIPTEN 18Y D 01/07/20 2D & 3D DRAWING TC CIATIONER NATIONAL CITY POLICE PR0.FCTACORES. 1200 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 PRO.ECTNANE NOWBER OF POSeR t : 6 SCALE NTTS FINAL APPROVAL BY: DATE: SHEETDBQIPll0R PERSPECTIVE VIEW 969 lO 00Z RUSS BASSET CORPORATION HEREBY EXPRESSLY RESERVES ITS COMMON LAW COPYRIGHT AND OTHER PROPERTY RIGHTS IN THESE PLANS. THESE PLANS ARE NOT TO BE COPIED. REPRODUCED OR CHANGED IN ANY FORM OR MANNER WHATSOEVER, NOR ARE THEY TO BE ASSIGNED TO ANY THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS WRITTEN PERMISSION AND CONSENT OF RUSS BASSEIT CORPORATION. . DRAWING 8 OPTION REV. I SHEET DC-21027-01 D 8 RUSS BASSETT CORPORATION HEREBY EXPRESSLY RESERVES ITS COMMON LAW COPYRIGHT AND OTHER PROPERTY RIGHTS IN THESE PLANS. THESE PLANS ARE NOT TO BE COPIED, REPRODUCED OR CHANGED IN ANY FORM OR MANNER WHATSOEVER, NOR ARE THEY TO BE ASSIGNED TO ANY THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS WRITTEN PERMISSION AND CONSENT OF RUSS BASSETT CORPORATION. 969 to LOZ desience ru russ bossett 8189Byrrn Rd. Whittier, CA90606 180013=0-S4 5 SAE AVA RABAGO DRAWN BY: TRISH CASELLA REVISIONS REV I DATE I DESCRIIITION I BY _D 01J07/20 2D8.30 DRAWING TO Cu5TOM6t NATIONAL CITY POLICE PROJECTADDRBR` 1200 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 PROECTNAME NUMBER OP PO9ROPs SCALE 6 NTS FINAL APPROVAL BY: DATE: SHIT DeSCRIPIlat PERSPECTNE VIEW DRAWING OPTION REV_ SHEET DC-21027-0i D 8 RUSS BASSEET CORPORATION HEREBY EXPRESSLY RESERVES ITS COMMON LAW COPYRIGHT AND OTHER PROPERTY RIGHTS IN THESE PLANS. THESE PLANS ARE NOT TO BE COPIED, REPRODUCED OR CHANGED IN ANY FORM OR MANNER WHATSOEVER, NOR ARE THEY TO BE ASSIGNED TO ANY THIRD PARTY WITHOUT FIRSTOBTAINING THE EXPRESS WRITTEN PERMISSION AND CONSENT OF RUSS BASSET CORPORATION. rgleVjer4M desience rm russ bassett 8129 Byron Rd. Miller, CA90606 (2801352.2445 SAE: AVA RABAGO DRAWN BY: TRISH CASELLA REVISIONS REV I DATE I DESCRISTIORI I ST D 0 t /07/20 20 8. 3D DRAWING it 1 CUSTOMER NATIONAL CITY POUCE PROJECT ADDRESS 1200 NATIONAL CITY BLVD NATIONAL CITY. CA 91950 PROJECT MANE NUEF OSMOTRE SCALE 6 NTS FINAL APPROVAL BY: DATE: SNEER DESIXTRSIORt PERSPECTIVE VIEW DRAWING # DC-21027-01 oniciN I REV. D SHEET CONVENIENCE OUTLET - 1 - 110v POWER OUTLET, 2-USB POWER AND 4 DATA SLATWALL PAPER FLOW MANAGER SLATWALL FOR MOUNTING MONITOR ARMS /r AND ACCESSORIES BOX/BOX/FILE MOBILE PEDESTALS HIGH PRESSURE LAMINATE WORK SURFACE W/ DIRECT INJECTION MOULDED URETHANE FRONT EDGE ,TYPICAL VIEW rs CUSS bassett 8189 Bran Rd, NMilfier.CA 90606 18001350-2aM5 SAE AVA RABAGO DRAWN BY: TRISH CASELLA REVISIONS REV I 88TR I DESCRIPTION BY 0 01/07/20 2D&9D DRAWING TC COZTONMEfe NATIONAL CITY POLICE PROJECT MDR= 1200 NATIONAL CITY BLVD NATIONAL CIIY, CA 91950 PROJECTNAIr NVNSER OF POSIIICPE: SCAM 6 NTS FINAL APPROVAL BY: DATE: SHEET DESCP5P OTt TYPICAL A RUSS BASSETT CORPORATION HEREBY EXPRESSLY RESERVES ITS COMMON LAW COPYRIGHT AND OTHER PROPERTY RIGHTS IN THESE PLANS. THESE FLANS ARE NOT TO BE COPIED. REPRODUCED OR CHANGED IN ANY FORM OR MANNER WHATSOEVER. NOR ARE THEY TO BE ASSIGNED TO ANY THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS WRITTEN PERMISSION AND CONSENT OF RUSS BASSETT CORPORATION. 969 to COZ DRAWING # OPTION REV. SHEET DC-21027-01 D 8 ARRAY SLATWALL MOUNTED MONITOR MOUNTS SLATWALL MONITOR ARRAY W/12" ELECTRIC HEIGHT ADJUSTMENT & 8" MANUAL FOCAL DEPTH ADJUSTMENT HIGH PRESSURE LAMINATE WORK SURFACE W/ DIRECT INJECTION MOULDED URETHANE FRONT - EDGE ABOVE SURFACE AMBIENT LIGHT (BLUE) HANDSET CRADLE BOX/BOX/FILE MOBILE PEDESTAL ^TYPICAL VIEW PERSONAL COMFORT SYSTEM (PCS) WITH DESKTOP FANS AND FORCED AIR HEATERS UNDER SURFACE CONSOLE DASHBOARD WITH: • DATA PORTS • 1 - 110v POWER OUTLET, 2-USB POWER OUTLETS • AMBIENT LIGHT DIMMER • PCS CONTROLS • CONSOLE CONTROLS desience ;R rt iss Bassett 8I89 Byron RC Wlit er, CA90606 KO) 350-2445 SAD AVA RABAGO DRAWN BY: TRISH CASELLA REVISIONS REV 1 DALE j DESCRIPAON jar D 01/07/20 268.36 DRAWING TO NATIONAL CRY POLICE PROJECT ADDRESS: 1200 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 PRO.ECTNAME NUNEEROF P0.9DICNS: 6 SCALE NTS FINAL APPROVAL BY: DATE: vll£roacRPIKNr TYPICAL B 969 to t7OZ RUSS BASSETT CORPORATION HEREBY EXPRESSLY RESERVES ITS COMMON LAW COPYRIGHT AND OTHER PROPERTY RIGHTS IN THESE PLANS. THESE PLANS ARE NOT TO BE COPIED, REPRODUCED OR CHANGED IN ANY FORM OR MANNER WHATSOEVER, NOR ARE THEY TO BE ASSIGNED TO ANY THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS WRITTEN PERMISSION AND CONSENT OF RU55 BASSETT CORPORATION. DRAWING# OPTION[ REV. SHEET DC-21027-01 1 D BOX/BOX/FILE MOBILE PEDESTAL — HIGH PRESSURE LAMINATE WORK SURFACE W/ DIRECT INJECTION MOULDED URETHANE FRONT EDGE ABOVE SURFACE AMBIENT LIGHT (BLUE) HANDSET CRADEL ,,TYPICAL VIEW SLATWALL LIGHT SLATWALL MONITOR ARRAY W/12" ELECTRIC /-HEIGHT ADJUSTMENT & 8" MANUAL FOCAL DEPTH ADJUSTMENT ARRAY SLATWALL MOUNTED MONITOR MOUNTS PERSONAL COMFORT SYSTEM (PCS) WITH DESKTOP FANS AND FORCED AIR HEATERS \_ UNDER SURFACE CONSOLE DASHBOARD WITH: • DATA PORTS • 1 - 110v POWER OUTLET, 2-USB POWER OUTLETS • AMBIENT LIGHT DIMMER • PCS CONTROLS • CONSOLE CONTROLS desience russ bassett B189 Byron R6.whiflia: CA 90606 [8m1330-2445 SAE: AVA RABAGO DRAWN BY: TRISH CASELLA REVISIONS REV I DATE I DESCRIPTION I BY D 01/07/20 208309RAWING TC NATIONAL CITY POLICE PROJECT ADDRESS: 1200 NATIONAL CITY BLVD NATIONAL CITY. CA 91950 PROJECT NAME NWNRER OF POSmpd: SCALE 6 NTS FINAL APPROVAL BY: DATE: SNEETDESCRBROM TYPICAL C RUSS BASSEIT CORPORATION HEREBY EXPRESSLY RESERVES ITS COMMON LAW COPYRIGHT AND OTHER PROPERTY RIGHTS IN THESE PLANS. THESE PLANS ARE NOT TO BE COPIED. REPRODUCED OR CHANGED IN ANY FORM OR MANNER WHATSOEVER, NOR ARE THEY TO BE ASSIGNED TO ANY THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS WRITTEN PERMISSION AND CONSENT OF RUSS BASSET CORPORATION. 969 lO 90Z DRAWING # OPTION' REV. SHEET DC-21027a1 1 D 8 BOX/BOX/FILE MOBILE PEDESTAL J HIGH PRESSURE LAMINATE WORK SURFACE W/ DIRECT INJECTION MOULDED URETHANE FRONT EDGE ABOVE SURFACE AMBIENT LIGHT (BLUE) `n .,TYPICAL VIEW SLATWALL MONITOR ARRAY W/12" ELECTRIC HEIGHT ADJUSTMENT & 8" MANUAL FOCAL DEPTH ADJUSTMENT ARRAY SLATWALL MOUNTED MONITOR MOUNTS HANDSET CRADEL TECHNOLOGY STORAGE PEDESTAL W/ SLIDE OUT SHELF PERSONAL COMFORT SYSTEM (PCS) WITH \___ DESKTOP FANS AND FORCED AIR HEATERS UNDER SURFACE CONSOLE DASHBOARD WITH: • DATA PORTS • 1 - 1 10v POWER OUTLET, 2-USB POWER OUTLETS • AMBIENT LIGHT DIMMER • PCS CONTROLS • CONSOLE CONTROLS desience its Russ Bassett 8189 Byron Rd Wn9fio CA 9E606 (&1I 35P2 4S SAE AVA RABAGO DRAWN BY: TRISH CASELLA REVISIONS REV I DATE I DBCRIPnon I EY D 01/07/20 2D830 DRAWING TC =Take, NATIONAL CITY POLICE PRO{Cf ADDRESS 1200 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 PROIFCTNAME NUMBER OF POSITIONS, SCALE • 6 NTS FINAL APPROVAL BY: DATE: SFEETDBCRIP1ON: TYPICAL D 969 Jo 903 RUSS BASSET T CORPORATION HEREBYEXPRESSLY RESERVES ITS COMMON LAW COPYRIGHT AND OTHER PROPERTY RIGHTS IN THESE PLANS. THESE PLANS ARE NOT TO BE COPIED, REPRODUCED OR CHANGED IN ANY FORM OR MANNER WHATSOEVER, NOR ARE THEY TO BE ASSIGNED TO ANY THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS WRITTEN PERMISSION AND CONSENT OF RUSS BASSETT CORPORATION. DRAWING 0 OPTION REV. SHEET DC-21027-01 1 D Quotation PROJECT #: REVISION: PROJECT NAME: DC-21027-01 E National City Police Department Option: I STATE QUOTE QUOTE DATE: EXPIRATION DATE: CUSTOMER: CONTACT: ADDRESS: PHONE: FAX: EMAIL: AREA: 1 4 T 3 2 2 1 1 1 I 1 1 1 ®russbassett 8189 Byron Road Whittier, CA 90606 Tel: 800.350.2445 Fax: 562.698 8972 www.russbassett.com 3/9/2020 6/7/2020 National City Police Department Amber Lashbrook 1200 National City Blvd National City, CA 91950 619-336-4547 alashbraok@nationalcity.ci.gov STATE QUOTE FSS-CS-84 Flex Sit -Stand. 90° Corner, 84W, Single Lift FSS-LS-96 FCF-42-T-SSP Flex Sit -Stand, Linear, 96W, Single Lift Flex Sit -Stand Comer Filler, 42H, Tech Storage, Powder FSW-07-1842-EMT-SWN Flex Wall, 07D, 18L x 42H, Empty Side A, Slatwall Side B FSW-07-2442-EMT-SWN Flex Wall, 07D, 24L x 42H, Empty Side A, Slatwall Side B FSW-07-4842-EMT-SSP Flex Wall, 07D, 48L x 42H, Empty Side A, Sit -Stand Powder Side B FSW-07-4842-EMT-SWN Flex Wall, 07D, 48L x 42H, Empty Side A, Slatwall Side B FSW-07-5442-SSP-SWR Flex Wall, 07D, 54L x 42H, Sit -Stand Powder Side A, Slatwall CO-R Side B FSW-07-5442-SSP-SWL Flex Wall, 07D, 54L x 42H, Sit -Stand Powder Side A, Slatwall CO-L Side B FTC-0718-V-S Flex Top Cop, 7D x 18W, Vented, Square FBP-I842-VPS Flex Back Panel, 18W x 42H, Vented, Powder, Square WAC-PNCLTRY-12 Pencil Tray for 12"W Pedestal Drawer FWS-FRE-3618-E Work Surface, Rectangle, 36D x 18L, Endure FAP-150 Flex inside Access Panel, Two Supports, 15"W WAC-PNCLTRY-T2 Pencil Tray for 12"W Pedestal Drawer SALES EXECUTIVE: Ava Rabago ADDRESS: 8189 Byron Rd Whittier, CA 90606 PHONE: (562) 505-4719 EMAIL: arabago@russbassett_com AREA 1 TOTAL: $ 23,128.06 WAC-PSTRIP-V-15 Power Strip, 15 Amp, 7 Outlet, With Vertical Walf Mounting Bracket Note: Parts for only (5) sit -stand consoles are shown. The balance of the parts are shown on the City Quote. CMAS Contract #: 4-08-71-0077C; Contract term is 8/27/13 - 5/30/23. Prices shown herein are Net (California Multiple Award Discount Deducted) unless stated otherwise. * Denotes off -contract item / open market 969 to LOZ On Contract Product Total: $ On -Contract Product Sales/Use Tax (8.75%): $ On Contract Total Cost: $ Off Contract Product Total: Off -Contract Product Sales/Use Tax (8.75%): Off -Contract Total Cost: Total Due: $ 23,128.06 2,023.71 25,151.77 25,151.77 969 lO 90Z Quotation PROJECT #: DC-21027-01 Option: 1 REVISION: E STATE QUOTE PROJECT NAME: National City Police Department russbassett 8189 Byron Road Whittier, CA 90606 Tel: 800.350.2445 Fax: 562.698.8972 www_russbasset i .com Any drawing submitted to the Client under this Quotation must be signed -off as "approved for manufacture" and returned with applicable purchase order. Drawing REVISION level must match Quote REVISION level. A signed, completed delivery and installation checklist and purchase order is required to prevent any issues at time of delivery and installation. Any unique requirements encountered at time of delivery and installation not covered on the installation checklist will be invoiced at cost in addition to the charges quoted herein. Russ Bassett ships your products using our "Safe Ship" program. The program simply states that we guarantee your products will arrive damage free anywhere in the 48 contiguous United States. If damage should occur, notify customer service and Russ Bassett will rush a replacement part or unit and pick up the damaged product. Due to the custom nature of our products, Russ Bassett recommends using only Certified Russ Bassett Installers. Send to: Russ Bassett Corporation Attn: Customer Service 8189 Byron Road Whittier, CA 90606 Purchase orders must include the following information to process with Russ Bassett: Sold to, Ship to, Order Date, Requested Delivery/Install Date, PO Number, Quantity, Full Model Numbers &Total. All purchase orders must also accompany the following documents to be considered a complete order: Signed drawing noting console and work surface colors and/or cabinet color, signed quotation, & installation checklist. Quote is Valid for 90 days from date of issue; and, may only be extended in writing by Russ Bassett. Fax to: (562) 698-8972 Net 30 days after shipment invoice date. For the products covered under this proposal is ten (10) to twelve (12) weeks AAO (After Acceptance of Order). Incomplete Purchase Orders may delay the ship date; actual date will be confirmed on written Order Acknowledgement. Quotation PROJECT #: DC-21027-01 Option: 1 REVISION: E STATE QUOTE PROJECT NAME: National City Police Department arussbassett 8189 Byron Road Whittier, CA 90606 Tel: 800.350.2445 Fax: 562.698.8972 www_russbassett_com Russ Bassett Corporation warrants to the original customer that all Desience manufactured products as quoted or proposed will be free from defects in materials and workmanship for the following warranty period: 1. Limited Lifetime Warranty for Russ Bassett Corporation manufactured Desience products. 2. Limited Term Warranty for all Russ Bassett Corporation non -manufactured products or components that are added or integrated into a Russ Bassett Corporation manufactured product shall be warranted as outlined in the original manufacture's warranty. If a Performance Bond is required for this project, the warranty covered by the Performance Bond is limited as follows: 'Notwithstanding anything stated in the contract, purchase order, or specifications, the bond only covers a 1 year parts and labor warranty. Any additional warranty will not be the responsibility of the Surety and will be the sole responsibility of Russ Bassett'. •:'G pc ;�y4c�^i'�::.4:;.,F::•o a n;'-ti ....z" exl::::::: Changes to an order, once it has been processed, can be very disruptive and costly. Once an order has been started in manufacturing, usually within 4 weeks of the scheduled ship date, it is not possible to make changes. Any requests for changes to the design or scope of work shall be mode in writing. RBC will notify Buyer if it is possible to accommodate the change requests. If there is still time to accommodate the change requests, RBC will provide a quotation covering the cost and lead-time impact of the change_ If these impacts are acceptable to Buyer, RBC will produce changed drawings for review and approval. No change will be made without sign -off of the updated quote and drawing by Buyer. Any cancellation requests must be submitted in writing and approved by an officer of Russ Bassett_ Upon acceptance of canceled order, a cancellation charge of 25% of the contract amount will be incurred over and above the cost of materials produced or in production, labor or other services performed, freight, taxes and any other out of pocket expenses also incurred by Russ Bassett. 1.3 Buyer understands, acknowledges and agrees that its change request to any established Product delivery or Installation date is disruptive and costly to RBC's regular manufacturing operation. Moreover, RBC's storage capacity is extremely limited and any delay to the Product delivery date impairs RBC's ability to maintain its ongoing operations. Accordingly, in the event Buyer discovers, at any time and for any reason, its Project Site will not be available to receive the Product on the Project delivery date, Buyer shall immediately notify RBC in writing. The Parties shall immediately meet to determine the impact to the Project Schedule and revise the Project Schedule, in a writing signed by the Parties. Buyer may request an extension of the Product delivery date within 30 days from the Effective Date of this Agreement without any additional charge, and provided the extended date is approved in a signed writing between the Parties. In the event of any Buyer -requested change after the 30th day shall bind the Buyer to an automatically -applied storage charge in the minimum sum of (a) $.05 per square foot (as determined by RBC) per day if room exists at RBC's manufacturing facility, and/or (b) RBC's actual storage and shipping charges. plus 10% overhead, for any necessary offsite storage, whichever individual or aggregate sum is greater. These costs will be the obligation of the customer and will be invoiced as incurred. In addition, any costs incurred by RBC's Installation Team including airline change fees and ticket cost increases due to a change in schedule will be the obligation of the customer and invoiced as incurred. Authorized Signature 969 lO 60Z Print Company Name Print Name of Authorized Signature P.O. Number Print Title Date of Authorization Quotation PROJECT #: REVISION: PROJECT NAME: DC-21027-01 option: 1 E CITY QUOTE National City Police Department torussbassett 8189 Byron Road Whittier, CA 90606 Tel: 800.350.2445 Fax: 562.698.8972 www.russbassett.com QUOTE DATE: EXPIRATION DATE: CUSTOMER: CONTACT: ADDRESS: PHONE: FAX: EMAIL: 3/9/2020 6/7/2020 National City Police Department Amber Lashbrook 1200 National City Blvd National City, CA 91950 619-336-4547 alashbrook@nationalcity.ci.gov SALES EXECUTIVE: Ava Rabago ADDRESS: 8189 Byron Rd Whittier, CA 90606 PHONE: (562) 505-4719 EMAIL: arobago@russbassett.com AREA: 1 CITY QUOTE 1 FSS-CS-84 Flex Sit -Stand, 90° Corner, 84W, Single Lift 2 FSW-07-3042-EMT-SWN Flex Wall, 07D, 30L x 42H, Empty Side A, Slatwall Side B 6 8 3 2 2 8 3 6 4 8 2 3 2 5 FSW-07-3042-EMT-EMT Fiex Wall, 07D, 30L x 42H, Empty Side A, Empty Side B FSW-07-5442-EMT-SSP Flex Wall, 07D, 54L x 42H, Empty Side A, Sit -Stand Powder Side B FSW-07-CC42-EMT-SSP Fiex Wall, 07D, 42.3L x 42H, Empty Side A, Sit -Stand Powder Side B FTC-0724-V-S Flex Top Cap, 7D x 24W, Vented, Square FTC-0748-V-S Flex Top Cap, 7D x 48W, Vented, Square FTC-0754-V-S Fiex Top Cap, 7D x 54W, Vented, Square FTC-0784-V-S Flex Top Cap, 7D x 84W, Vented, Square FTC-0796-V-S Flex Top Cap, 7D x 96W, Vented, Square FTC-07CC-V-S Flex Top Cap, 7D x 42.3W, Vented, Square AREA 1 TOTAL: 67,020.40 FBP-2442-VPS Flex Back Panel, 24W x 42H, Vented, Powder, Square FBP-3042-VPS Flex Back Panel, 30W x 42H, Vented, Powder, Square FBP-4842-VPS Flex Back Panel, 48W x 42H, Vented, Powder, Square FBP-5442-VPS Flex Back Panel, 54W x 42H, Vented, Powder, Square FBP-CC42-VPS Flex Back Panel, 42.3W x 42H, Vented, Powder, Square FWS-FRE-2484-E Work Surface, Rectangle, 24D x 84L, Endure FWS-FRE-3624-E Work Surface, Rectangle, 36D x 24L, Endure FWS-FRE-3648-E Work Surface, Rectangle, 36D x 48L, Endure FWS-SCS-3684-N-E Work Surface, 90° Corner Sit -Stand, Single Lift, 36D x 84L, Endure FWS-SLS-3696-N-E Work Surface, Linear Sit -Stand, Inset, Single Lift, 36D x 96L, Endure 2 FCC-07L-4542-EPS Flex Corner Connector, 7D, 45° L-Type, 42H, Exterior, Powder, Square 4 FCC-07L-9042-EPS Flex Corner Connector, 7D, 90° L-Type, 42H, Exterior, Powder, Square FPT-362428-RD-S-N-S Flex Technology Pedestal, 36D x 24W x 28H, Right Swing, Square, No Lock, S 12 FPT-361228-RD-S-N-S Flex Technology Pedestal, 36D x 12W x 28H, Right Swing, Square, No Lock, S 2 2 2 2 1 969 to 02 FAP-210 Flex Inside Access Panel, Two Supports, 21 "W FAP-270 Flex Inside Access Panel, Two Supports, 27"W FAP-450 Flex Inside Access Panel, Two Supports, 45"W FAP-510 Flex Inside Access Panel, Two Supports, ..........:............. 51 "W FEC-ASC-0742-L-S Flex Leff End Cap, Corner, Single Lift Sit -Stand, T. Wall, 42"H, Square FEC-ASC-0742-R-S Fiex Right End Cap, Corner, Single Lift Sit -Stand, 7" Wall, 42"H, Square FEC-FH-0742-S Flex End Cap, Fixed Height, 7" Wall, 42"H, Square 969 lo L 2 Quotation PROJECT #: DC-21027-01 Option: 1 REVISION: E CITY QUOTE PROJECT NAME: National City Police Department rirussbassett 8189 Byron Road Whittier, CA 90606 Tel: 800.350.2445 Fax: 562,698.8972 www.russbassett.com • 2 2 FEP-24-L-S FEP-24-R-S 1 2 FEP-36-L-S FSG-24-S 3 4 FSL-36-L FSL-36-R Flex Leff End Panel, 24D, Square Flex Right End Panel, 24D, Square Flex Left End Panel, 36D, Square Flex Support Gusset, Shared, 24D Flex Left Support Leg, 36D Flex Right Support Leg, 36D 16 FPM-2015-BBF-S-L 6 DAC-AMB-DMR-S Flex Mobile Pedestal, 20D x 15W, Box/Box/File, Square, Lock * Ambient Light Dimmer Switch, Slatwall 6 DAC-AMB-PWR 42 DAC-CO-USB * Ambient Light Power Supply W/ Splitter USB Keystone - Coupler (Includes 15 Extension) 3 .. DAC-GRND-BLDG-CBN-* Static Ground, Building CBN Jumper, 96" 25 DAC-GRND-STC-JMP-12* Static Ground Jumper Cable, 12" 1 DAC-LCT-3784 5 1 DAC-MA-01-SWTEX Fully Articulating Extended Touch Screen Monitor Arm - Weight Range 5-16 18 DAC-MA-01-SW-S DAC-MA-01-0S-TS Laminate Cabinet Top, 37"D x 84"W Fully Articulating Touch Screen Monitor Arm - Weight Range 5-16 lbs 6 6 5 1 6 DAC-PCS-FLX-A DAC-SW-PAPER Fully Articulating Monitor Arm - Weight Range 5-16 lbs * Flex Personal Comfort System, Heat & Air, Array Console Slatwall Paper Flow Mgr. WAC-AMB-AR-C-84-B * Ambient Light, Array, 90-Crnr, 84", Blue WAC-AMB-AR-L-96-B * Ambient Light. Array, Linear, 96", Blue WAC-CO-2P4D Convenience Outlet Plate, 2 Power Outlets, 4 Data Ports 6 WAC-DTB-14 14 Port Data Termination Bracket, Universal 4 2 6 2 2 3 1 WAC-PSTRIP-H-15 WAC-CO-2P4D Power Strip, 15 Amp, 7 Outlet, With Horizontal Trough Mounting Bracket Convenience Outlet Plate, 2 Power Outlets, 4 Data Ports WAC-DASH-TL-GSNK * Dash Cartridge, Gooseneck Light DFS-SGC-2-12FF-FS DFS-SGC-2-120S-FS DLS-SHF-2430-3H-SD DLS-SH F-TOP-2490 * Lateral Cabinet, 2 12" File Drawers, Freestanding, 18.5"D x 42"W x 27"H * Lateral Cabinet, 2 Open Shelves, Freestanding, 18.5D x 42'W x 27"H * Lateral Shelving Cabinet, 24"D x 30"W x 42"H, 3 High Unit, Solid Door * Lateral Shelving Top, 24"D x 90"W .......... 9691O? Quotation PROJECT #: DC-21027-01 Option: 1 REVISION: E CITY QUOTE PROJECT NAME: National City Police Department Scope of Work Week 1: Disassemble existing consoles for re -use, stage parts, remove existing carpeting and install new carpeting. aw russ bassett Disassemble (5) existing workstations: Customer will remove al[ electronics and pull back all electrical and data cabling prior to disassembly of the existing workstations. Disassembled workstations will be stored in a back room for re -use. Organize and label parts by workstation accordingly. Bag and label hardware accordingly. Move assorted cabinets and tables as needed. Remove existing carpet tiles: Provide a dumpster for disposing existing carpet tiles. Remove wall edge banding as needed. Call dumpster company for a dumpster swap. Week 2: Install New Carpet Tiles and (6) new Russ Bassett Array Sit/Stand Consoles. Install new carpet tiles... See attached Carpet Specifications. Re -install edge banding after new carpet tiles are installed. Installation of new Russ Bassett Consoles per Drawing No. DC-21027-01 National City Police Opt 1 Rev E Install (5) Corner 900 Sit/Stand Array Consoles including... (16) Mobile Pedestals (6) Ambient Light Kits (1 per consoles) (25) Static Ground Jumper Cables (24) Fully Articulating Monitor Arms (4 per console) (6) Personal Comfort Systems (heat/air —1 per console) (6) Slatwall Paper Management Mounts (1 per console) (6) 14-Port Data Termination Brackets (I per console) (2) 42"W Lateral Open Shelf and (2) 42"W Lateral File Drawer Cabinets (middle of room) (3) 30"W Lateral Shelving Cabinets (2) 84"L Fixed Height Mobile Ped Storage Desks Union or Prevailing Wage Labor is required. Security Clearance is required: Background check in advance of the install (Full name, DOB and Social Security Number) Fingerprinting in advance of the install 8189 Byron Road Whittier, CA 90606 Tel: 800.350.2445 Fax: 562.698.8972 www.russbassett.com Quotation PROJECT #: DC-21027-01 Option: 1 REVISION: E CITY QUOTE PROJECT NAME: National City Police Department grirussbassett 8189 Byron Road Whittier, CA 90606 Tel: 800.3502445 Fax: 562.698.8972 www.russbassett.com Carpet Specifications Mohawk Commercial Carpet Collection: Iconic Earth Style Name: Statement Stone / QB390 Color: 859 Downing Stone Fiber Type: ColorstrandSD Nylon Construction: Tufted Size: 24" x 24" Dye Method: Solution Dyed Backing Material: Ecoflex ICT Installation Method: QuarterTum Stain Release Technology: Sentry Plus Stain Protection Static: AATCC-134 Under 3.5 KV Flammability: ASTM E 648 Class 1 (Glue Down) Smoke Density: ASTM E 662 Less than 450 10-Year Limited Warranty CMAS Contract #: 4- 08-71-0077C; Contract term is 8/27/13 - 5/30/23. Prices shown herein are Net (California Multiple Award Discount Deducted) unless stated otherwise. GSA Contract #: GS-28F-0022U; Contract term is 5/1/08 - 4/30/23. Prices shown herein are Net (Federal Government Discount Deducted) unless stated otherwise. * Denotes off -contract item / open market N 1 W 0 0) cn 4' Off Contract Product Total: Off -Contract Product Sales/Use Tax (8.75%): Delivery and Installation Services: Dismantle of Existing Consoles for reuse: Removal and installation of Carpet: On Contract Product Total On -Contract Product Sales/Use Tax (8.75%): On Contract Total Cost: $ $ $ $ Off -Contract Total Cost: $ Total Due: $ 50,842.16 4,448.69 55,290.85 16,178.24 1,415.60 18,610.00 9,000.00 17,500.00 62,703.84 117,994.69 969 to t7 Quotation PROJECT #: DC-21027-01 Option: 1 REVISION: E Cfy QUOTE PROJECT NAME: National City Police Department russbassett 8189 Byron Road Whittier, CA 90606 Tel: 800.350.2445 Fax: 562.698.8972 www.russbasseff.com Any drawing submitted to the Client under this Quotation must be signed -off as "approved for manufacture" and returned with applicable purchase order. Drawing REVISION level must match Quote REVISION level. A signed, completed delivery and installation checklist and purchase order is required to prevent any issues at time of delivery and installation. Any unique requirements encountered at Time of delivery and installation not covered on the installation checklist will be invoiced at cost in addition to the charges quoted herein. Russ Bassett ships your products using our "Safe Ship" program. The program simply states that we guarantee your products will arrive damage free anywhere in the 48 contiguous United States. If damage should occur, notify customer service and Russ Bassett will rush a replacement part or unit and pick up the damaged product Due to the custom nature of our products, Russ Bassett recommends using only Certified Russ Bassett Installers_ Send fo: Russ Bassett Corporation Attn: Customer Service 8189 Byron Road Whittier, CA 90606 Purchase orders must include the following information to process with Russ Bassett: Sold to, Ship to, Order Date, Requested Delivery/Install Date, PO Number, Quantity, Full Model Numbers & Total. All purchase orders must also accompany the following documents to be considered a complete order: Signed drawing noting console and work surface colors and/or cabinet color, signed quotation, & installation checklist. Quote is Valid for 90 days from date of issue; and, may only be extended in writing by Russ Bassett. Net 30 days after shipment invoice date. Fax to: (562) 698-8972 For the products covered under this proposal is ten (10) to twelve (12) weeks AAO (After Acceptance of Order). Incomplete Purchase Orders may delay the ship date; actual date will be confirmed on written Order Acknowledgement. 969 to 92 Quotation PROJECr #: DC-21027-01 Option: 1 REVISION: E CITY QUOTE PROJECT NAME: National City Police Department rarussbassett 8189 Byron Road Whiffier,CA 90606 Tel: 800.350.2445 Fax: 562.698.8972 www.russbassett.com Russ Bassett Corporation warrants to the original customer that all Desience manufactured products as quoted or proposed will be free from defects in materials and workmanship for the following warranty period: 1. Limited Lifetime Warranty for Russ Bassett Corporation manufactured Desience products. 2. Limited Term Warranty for all Russ Bassett Corporation non -manufactured products or components that are added or integrated into a Russ Bassett Corporation manufactured product shall be warranted as outlined in the original manufacture's warranty. If a Performance Bond is required for this project, the warranty covered by the Performance Bond is limited as follows: 'Notwithstanding anything stated in the contract, purchase order, or specifications, the bond only covers a 1 year parts and labor warranty. Any additional warranty will not be the responsibility of the Surety and will be the sole responsibility of Russ Bassett'. Ciln into o • -:•. ... �... _,....... ,l:> a�.��:a_'::;G�otn:e�,�E�cus"�e�1x,,:;.co•Y(c,;F �. �... Changes to an order, once it has been processed, can be very disruptive and costly. Once an order has been started in manufacturing, usually within 4 weeks of the scheduled ship date, it is not possible to make changes. Any requests for changes to the design or scope of work shall be made in writing. RBC will notify Buyer if it is possible to accommodate the change requests. If there is still time to accommodate the change requests, RBC will provide a quotation covering the cost and lead-time impact of the change. If these impacts are acceptable to Buyer, RBC will produce changed drawings for review and approval. No change will be made without sign -off of the updated quote and drawing by Buyer. Any cancellation requests must be submitted in writing and approved by an officer of Russ Bassett. Upon acceptance of canceled order, a cancellation charge of 25% of the contract amount will be incurred over and above the cost of materials produced or in production, labor or other services performed, freight, taxes and any other out of pocket expenses also incurred by Russ Bassett. Buyer understands, acknowledges and agrees that its change request to any established Product delivery or Installation date is disruptive and costly to RBC's regular manufacturing operation. Moreover, RBC's storage capacity is extremely limited and any delay to the Product delivery date impairs RBC's ability to maintain ifs ongoing operations. Accordingly, in the event Buyer discovers, at any time and for any reason, its Project Site will not be available to receive the Product on the Project delivery date, Buyer shall immediately notify RBC in writing. The Parties shall immediately meet to determine the impact to the Project Schedule and revise the Project Schedule, in a writing signed by the Parties. Buyer may request an extension of the Product delivery date within 30 days from the Effective Date of this Agreement without any additional charge, and provided the extended date is approved in a signed writing between the Parties. In the event of any Buyer -requested change after the 30th day shall bind the Buyer to an automatically -applied storage charge in the minimum sum of (a) $.05 per square foot (as determined by RBC) per day if room exists at RBC's manufacturing facility, and/or (b) RBC's actual storage and shipping charges, plus 10% overhead, for any necessary offsite storage, whichever individual or aggregate sum is greater. These costs will be the obligation of the customer and will be invoiced as incurred. In addition, any costs incurred by RBC's Installation Team including airline change fees and ticket cost increases due to a change in schedule will be the obligation of the customer and invoiced as incurred. Authorized Signature Print Company Nome Print Name of Authorized Signature P.O. Number Print Title Date of Authorization GENERAL SERVICES ADMINISTRATION Federal Supply Service Authorized Federal Supply Schedule Price List On-line access to contract ordering information, terms and conditions, up-to-date pricing, and the option to create an electronic delivery order are available through GSA Advantage!, a menu -driven database system. The INTERNET address for GSA Advantage! is: www.GSAAdvantage,gov OFFICE FURNITURE FSC GROUP 71 • PART 1 CONTRACT NUMBER: GS-28F-0022U Contract Period: May 1, 2008 to April 30, 2023 For more information on ordering from Federal Supply Schedule click on the FSS Schedules button at www.fss.gsa,gov. a®russbassett 8189 Byron Road Whittier, CA 90606 800-350-2445 562-945-2445 562-698-8972 Fax SMALL BUSINESS Pricelist current through Modification PO-0031 dated May 1, 2018 216 of 696 russ bassett FEDERAL SUPPLY SCHEDULE: INFORMATION FOR ORDERING OFFICES GSA Contract Number GS-28F-0022U The contract -term is 05/01 /2008-04/30/2023, Amended price lists are issued during this period when authorized by the Contracting Officer. PRICES SHOWN HEREIN ARE NET (FEDERAL GOVERNMENT DISCOUNT DEDUCTED) IA. INFORMATION FOR ORDERING ACTIVITIES 711-2, Work surfaces, Workstations, Computer Furniture, and Accessories 71 1-3, Filing and Storage Cabinets, Shelves, Mobile Carts, Dollies, Racks & Accessories 13. LOWEST PRICED MODELS: SIN No, Model No. GSA Price 711-2, DES-RMK-BP1 $13.45 711-3 SL-DM $2.59 IC. Not Applicable. 2. MAXIMUM ORDER: $500,000.00. 3. MINIMUM ORDER: $100.00. 4. GEOGRAPHIC COVERAGE: (Delivery area} 48 contiguous states; Washington D.C. 5. PRODUCTION POINT: Whittier, CA, 6. DISCOUNT TERMS: Prices shown are net (discount deducted). 7. QUANTITY DISCOUNT: None. 8. PROMPT PAYMENT TERMS; Net 30 days. 9A&B. ADDITIONAL DISCOUNT: None. 10. FOREIGN ITEMS: None. 11A, TIME OF DELIVERY: 45 days after receipt of order. 1 1 B. EXPEDITED DELIVERY: Scheduling Agency may contact the factory for expedited delivery. 1 1 C. OVERNIGHT AND 2-DAY DELIVERY. For items that may be shipped via UPS Ground or UPS Air, contact Russ Bassett Customer Service, 11D. URGENT REQUIREMENTS. When the Federal Supply Schedule contract delivery period does not meet the bona fide urgent delivery requirements of an ordering agency, contact us for the purpose of obtaining accelerated delivery. We will reply to the inquiry within 3 working days after receipt. {Telephonic replies shall be confirmed by us in writing.) If we can offer an accelerated delivery Time acceptable to the ordering agency, any order(s) placed pursuant to the agreed upon accelerated delivery time frame shall be delivered within this shorter delivery time and in accordance with all other terms and conditions of the contract. 12. FOB POINT ORIGIN: Prepaid and Add 13, ORDERING ADDRESS: Russ Bassett Corporation c/o local dealer, dealer's address or - Russ Bassett Corporation 8189 Byron Road Whittier, CA 90606 14. PAYMENT ADDRESS: Russ Bassett Corporation P. O. Box 249 Whittler, CA 90608 15. WARRANTY: All products procured hereunder are covered under a limited lifetime warranty. Limited term warranty for all Russ Bassett non -manufactured products or components that are added or integrated into a Russ Bassett manufactured product shall be warranted as outlined in the original manufacturer's warranty. During the warranty period all broken or defective parts not caused by accident or misuse Through fault or negligence by the Government will be replaced, and all necessary equipment adjustments occasioned by such defective parts will be made at the Contractor's expense, including labor, parts, and transportation costs, if any. 16. EXPORT PACKAGING: Not offered under contract, 17. Smart Pay Government Credit card payments over or under micro -purchase threshold are accepted. 18, Not applicable. 19. Contact Russ Bassett Representative. 20. Contact Russ Bassett Representative. 20A, Contact Russ Bassett Representative. 21. Contact Russ Bassett Representative. 22. Local Participating dealers: For listing call 800-350-2445. 23. Not applicable. 24A. Not applicable. 24B. Not applicable. 25. Duns #02-964-1784. 26. CCR/SAM Registered. ADDITIONAL DELIVERY SERVICES AVAILABLE Freight prepaid and added fo invoice, provided ordering Agency is utilizing Russ Bassett's "Safe Ship" program. 1-lowever, the Agency may specify their own carrier and pay freight independent of order. Freight Class 100. 8189 Byron Road Whittier, CA 90606 800.350.2445 loll free 562.698.8972 fax info@russbassett,com www.russbass^'} ^^m 217 of 696 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 CITY TO PIGGYBACK ONTO GENERAL SERVICES ADMINISTRATION (GSA) CONTRACT #GS-28F-0022U WITH RUSS BASSET CORPORATION FOR THE PURCHASE AND INSTALLATION OF SIX NEW WORKSTATIONS AND REPLACEMENT OF CARPET TILES FOR NATIONAL CITY POLICE DISPATCH IN AN AMOUNT NOT TO EXCEED $143,146.46. WHEREAS, the current National City Police Dispatch Workstations have exceeded their useful life and are scheduled to be replaced; and WHEREAS, due to new technology demands and the weight and size of the equipment required at each workstation, the current setup is no longer feasible; and WHEREAS, the workstations do not provide the ergonomic support necessary for police dispatchers to perform their job; and WHEREAS, the City of National City has an opportunity to piggyback onto General Services Administration (GSA) Contract #GS-28F-0022U with Russ Basset Corporation to allow for the purchase and installation of six new workstations and replacement of carpet tiles for National City Police Dispatch; 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 GSA Contract #GS-28F-0022U with Russ Basset Corporation was competitively bid through a Request for Bid (RFB) process, and that the respective procurement procedures are in substantial compliance with those of National City; and WHEREAS, staff is requesting City Council to award the purchase and installation of six new workstations and replacement of carpet tiles for National City Police Dispatch to Russ Basset Corporation in a not to exceed amount of $143,146.46, consistent with Section 2.602.60 of the National City Municipal Code regarding cooperative purchasing, by piggybacking the GSA Contract #GS-28F-0022U. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby affirms the Purchasing agent's determination that GSA Contract #GS-28F-0022U with Russ Basset Corporation was competitively bid through a Request for Bid (RFB) process, and that the respective procurement procedures are in substantial compliance with those of National City. 218 of 696 Resolution No. 2020 — Page Two BE IT FURTHER RESOLVED that the City Council of the City of National City hereby waive the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizes the City to piggyback onto General Services Administration (GSA) Contract #GS-28F-0022U with Russ Basset Corporation for the purchase and installation of six new workstations and replacement of carpet tiles for National City Police Dispatch in an amount not to exceed $143,146.46. PASSED and ADOPTED this 17th day of March, 2020. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 219 of 696 CC/CDC-HA Agenda 3/17/2020 — Page 220 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City to piggyback onto Sourcewell (formerly "National Joint Powers Alliance") Contract #062117-VRM with RDO Equipment Co. for the purchase and build - out of one (1) 2020 Vermeer RTX130 Trencher with Trailer in an amount not to exceed $14,117.92. (Engineering/Public Works) Please scroll down to view the backup material. 220 of 696 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: ;March 17, 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 City to piggyback onto Sourcewell (formerly "National Joint Powers Alliance") Contract #062117-VRM with RDO Equipment Co. for the purchase and build -out of one (1) 2020 Vermeer RTX130 Trencher with Trailer in an amount not to exceed $14,117.92 PREPARED BY: Tirza Gonzales, Executive Secretar PHONE: (619) 336-4318 EXPLANATION: See attached explanation. FINANCIAL STATEMENT. ACCOUNT NO. APPROVED: 644-416-227-511-0000 (Equipment Replacement Reserve - Parks): $14,117.92 DEPARTMENT: Engineering/Public Works APPROVED BY: ENVIRONMENTAL REVIEW: 1N/AN ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: Adopt Resolution awarding the purchase and build -out of one (1) 2020 Vermeer RTX130 Trencher with Trailer for the Public Works Parks Division. BOARD / COMMISSION RECOMMENDATION: N/A.I ATTACHMENTS: 1. Explanation 2. Quote 3. Sourcewell Contract #062117-VRM 4. Resolution 221 of 696 Explanation: The current Trencher with Trailer used by the Public Works Parks Division has exceeded its useful life and is scheduled to be replaced. Staff desires to purchase a new 2020 Vermeer RTX130 Trencher with Trailer. Consistent with Section 2.60.260 of the National City Municipal Code (NCMC) regarding cooperative purchasing, there is an opportunity to piggyback onto the Sourcewell Contract #062117-VRM with Sourcewell to allow for the purchase of one (1) 2020 Vermeer RTX130 Trencher with Trailer. NCMC Section 2.60.260 provides authority to the purchasing agent to join with other public jurisdictions to take advantage of cooperative purchasing opportunities, including but not limited to any federal, state or local agency pricing program or structure that is determined by the purchasing agent to allow a procurement that is in the best interests of the City. The purchasing agent may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined by the purchasing agent to be in substantial compliance with the City's procurement procedures, irrespective of the contracting limits of that jurisdiction or agency, even if the City had not initially joined with that public agency in the cooperative purchase. National City's Purchasing staff has confirmed that the Sourcewell Contract #062117- VRM with National Auto Fleet Group was competitively bid through a Request for Proposals (RFP) process, and that the State of California Department of General Services procurement procedures are in substantial compliance with those of National City. Therefore, staff requests that City Council authorize the Mayor to award the purchase of one (1) 2020 Vermeer RTX130 Trencher with Trailer to RDO Equipment Co. in an amount not to exceed $14,117.92, consistent with Section 2.60.260 of the National City Municipal Code regarding cooperative purchasing, by piggybacking onto the Sourcewell Contract #062117-VRM. The funding to purchase this vehicle was approved by City Council through adoption of the FY 2020 annual budget. 222 of 696 Proposal for: CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY, CA, 919504397 SAN DIEGO Investment Proposal (Quote) RDO Equipment Co. 10108 Riverford Road Lakeside CA, 92040 Phone: (619) 443-3758 - Fax: (619) 443-3274 iko,StS�4e<o ii is ' iia i SOURCEWELL GROUNDS MAINTENANCE CONTRACT #062117-VRM v`pA, thIMIIontFins1G'��a.rpEyyti� MTVI Li; YSS�Yf) aXr� jrrs4s �}a'*y4 jiY`f%,:rt]t�+ll;i `.y-.l} 1!!! t.:Rl?L a.,�'l.i.ti li,.sti, .n.>�.e.,,l,�.c Quantity Serial Number Stock Number 1 TBD TBD Hours Status / Year J Make / Model (approx.) Additional Items Warning: Cancer and Reproductive Harm. For more Informationgo to: W W W. P G 9 W a rn l ng s. ta.gav Investment Proposal Date: 1/29/2020 Pricing Valid Until: 2/28/2020 Deal Number: 1231330 Customer Account#: 4380005 Account Manager. Gabe Jarvis Phone: (909) 428-4800 Fax: (909) 428-4900 Email: gjarvisQrdoequIprncant corr: 0 New 2020 VERMEER RTX130 1 3e i3 Cash Price si $8,84?I.00 RTX130001 RTX130 W/ 13 HP HONDA ENGINE Other 30" BOOM X 6" WELDED SHARK CHAIN $1IMg>sr;0ri. Other 7"TRACK ASSEMBLY Freight in SOURCEWELL FREIGHT & PREP , ;7r (t;1, f 1g Item Subtotal: $12,5192.00 • Equipment Subtotal: $12 'f12.00 fl Balance: Tax Rate 3: (CANC S.76%) Sales Tax Total: Sub Total: Cash with Order: Balance Due: FA l 9 D1281330 Pagel of 1 223 of 696 FORM CONTRACT ACCEPTANCE AND AWARD atiatial Mot Yoiion Alliance (Top portion of this form will be completed by NJPA If the vendor is awarded a contract. The vendor should complete the vendor authorized signatures as part of the REP response.) NJPA Contract tt: 062117-VRM Proposer's full legal name: Vermeer Corporation Based on NJPA`s evaluation of your proposal, you have been awarded a contract, As an awarded vendor, you agree to provide the products and services contained in your proposal and to meet all of the terms and conditions set forth in this VP, in any amendments to this RPP, and In any exceptions that are accepted by NJPA. The effective date of the Contract will be August 18, 2017 and will expire on August 18, 2021 (no later than the later of four years from the expiration dote of the currently awarded contract or four years from the date that the t4JPA Chief Procurement Officer awards the Contract), This Contract may be extended for a fifth year at N.IPA's discretion. NJPA AuthorizedSignatures: NJF'At3[RE( R OF COOP ALIVE CONTRACTS AND PRCCUREMENT5". aION' Jeremy Schwartz {NAME PRINTED OR TYPED) Chad Coauetfe NJPA EXECUTIVE: DIRECTOR/CEO SIGNATURE {NAME PRINTED OR TYPED) Awarded on August 17, 2017 NJPA Contract ff 062117-VRM Vendor Authorized Signatures: The Vendor hereby accepts this Contract award, Including all accepted exceptions and amendments. V e C V+n g. -. ‘( Authorized Signatory's Title 0 ro e A (...Cor.h IA S ar �. r Vendor Name VENDOR AUTIK)Rr1ED SIGNATURE Executed on g/ I• 20 CAA 01A t--)14 e- {NAME PRINTED OR TYPED NJPA Contract t# 062117-VRM 224 of 696 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 CITY TO PIGGYBACK ONTO SOURCEWELL (FORMERLY "NATIONAL JOINT POWERS ALLIANCE") CONTRACT #062117-VRM WITH RDO EQUIPMENT CO. FOR THE PURCHASE AND BUILD -OUT OF ONE (1) 2020 VERMEER RTX130 TRENCHER WITH TRAILER IN AN AMOUNT NOT TO EXCEED $14,117.92 WHEREAS, the current Trencher with Trailer used by the Public Works Parks Division has exceeded its useful life and is scheduled to be replace; and WHEREAS, staff desires to purchase a new 2020 Vermeer RTX130 Trencher with Trailer; and WHEREAS, the City of National City has an opportunity to piggyback onto the Sourcewell Contract #062117-VRM with Sourcewell to allow for the purchase of one (1) 2020 Vermeer RTX130 Trencher with Trailer; 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 Sourcewell Contract #062117-VRM with National Auto Fleet Group was competitively bid through a Request for Proposals (RFP) process, and that the State of California Department of General Services procurement procedures are in substantial compliance with those of National City; and WHEREAS, staff is requesting City Council to award the purchase of one (1) 2020 Vermeer RTX130 Trencher with Trailer to RDO Equipment Co. in an amount not to exceed $14,117.92, consistent with Section 2.60.260 of the National City Municipal Code regarding cooperative purchasing, by piggybacking onto the Sourcewell Contract #062117-VRM. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby affirms the Purchasing agent's determination that the Sourcewell Contract #062117-VRM with National Auto Fleet Group was competitively bid through a Request for Proposals (RFP) process, and that the State of California Department of General Services procurement procedures are in substantial compliance with those of National City. 225 of 696 Resolution No. 2020 — Page Two BE IT FURTHER RESOLVED that the City Council of the City of National City hereby waives the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City to piggyback onto Sourcewell (formerly "National Joint Powers Alliance") Contract #062117-VRM with RDO Equipment Co. for the purchase and build -out of one (1) 2020 Vermeer RTX130 Trencher with Trailer in an amount not to exceed $14,117.92. PASSED and ADOPTED this 17th day of March, 2020. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 226 of 696 CC/CDC-HA Agenda 3/17/2020 — Page 227 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City to piggyback onto Sourcewell (formerly "National Joint Powers Alliance") Contract # 120716-NAF with National Auto Fleet Group for the purchase and build -out of one (1) 2020 Toyota Tacoma 2WD (7162) SR Access Cab Truck in an amount not to exceed $28,334.60. (Engineering/Public Works) Please scroll down to view the backup material. 227 of 696 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: (March 17, 2020 AGENDA ITEM NO. ITEM TITLE: 1Resolution of the City Council of the City of National City, waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City to piggyback onto Sourcewell (formerly "National Joint Powers Alliance") Contract #120716-NAF with National Auto Fleet Group for the purchase and build -out of one (1) 2020 Toyota Tacoma 2WD (7162) SR Access Cab Truck in an amount not to exceed $28,334.60. PREPARED BY: Tirza Gonzales, Executive Secretary) PHONE: (619) 336-4310 EXPLANATION: See attached explanation. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED ACCOUNT NO. APPROVED: 644-411-000-511-0000 (Equipment Replacement Reserve — Police): $28,334.60 ENVIRONMENTAL REVIEW: NIPN ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt Resolution awarding the purchase and build -out of one (1) 2020 Toyota Tacoma 2WD (7162) SR Access Cab Truck for the National City Police Department. BOARD / COMMISSION RECOMMENDATION: N/A.1 ATTACHMENTS: 1. Explanation 2. Quote 3. Sourcewell Contract #120716-NAF 4. Resolution 228 of 6961 !Explanation: As part of the FY20 annual budget, City Council approved funding through the Equipment Replacement Reserve for the purchase of one (1) Community Services Officer (C.S.O.) specialty truck for the National City Police Department. Staff desires to purchase a new 2020 Toyota Tacoma 2WD (7162) SR Access Cab Truck. Consistent with Section 2.60,260 of the National City Municipal Code (NCMC) regarding cooperative purchasing, there is an opportunity to piggyback onto the Sourcewell Contract #120716-NAF with National Auto Fleet Group to allow for the purchase of one (1) Toyota Tacoma 2WD (7162) SR Access Cab Truck. NCMC Section 2.60.260 provides authority to the purchasing agent to join with other public jurisdictions to take advantage of cooperative purchasing opportunities, including but not limited to any federal, state or local agency pricing program or structure that is determined by the purchasing agent to allow a procurement that is in the best interests of the City. The purchasing agent may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined by the purchasing agent to be in substantial compliance with the City's procurement procedures, irrespective of the contracting limits of that jurisdiction or agency, even if the City had not initially joined with that public agency in the cooperative purchase. National City's Purchasing staff has confirmed that the Sourcewell Contract #120716- NAF with National Auto Fleet Group was competitively bid through a Request for Proposals (RFP) process, and that the State of California Department of General Services procurement procedures are in substantial compliance with those of National City. Therefore, staff requests that City Council authorize the Mayor to award the purchasebf one (1) 2020 Toyota Tacoma 2WD (7162) SR Access Cab Truck to National Auto Fleet' Group in an amount not to exceed $28,334.60, consistent with Section 2.60.260 of the '> National City Municipal Code regarding cooperative purchasing, by piggybacking onto the Sourcewell Contract #120716-NAF. The funding to purchase this vehicle was approved by City Council through adoption of the FY 2020 annual budget. 229 of 696 1/13/2020 Sell, service,end deliver letter 1/13/2020 National Auto FFleet Gro up A C7t;v9s.ipfr o.t Oftrivrateq of Wate.onvillo 490 Auto Center Drive, Watsonville,, CA 95076 fa 553 e89 57 _ (881) 4804497 Fax Fl.eatt Nat:iona:lAutoFleetr roup,com: Quote ID: 12493 Order Cut Off Date: TBA Mr Ruben Fiuerta City of National City 1726 Wilson Ave National City, California, 91950 Dear Ruben Hue rte, . National Auto Fleet Croup is pleased to quote the following vehicle(s) for your consideration. One (1) New/Unused (2020 Toyota Tacoma:2WD (7162) SR Access. Cab 6' Bed 14 AT (Nati), Eactory•Order delivered to your specified location, each for Contract Price Factory Order Tax (8.7500 %) Tire fee Total One Unit $26,046..76 $0.00 $2,279,09 $.8.75 $28,334.60 • and` T per the attached specifications. This.vehicle(s) is avai[abie under the S.ourcewel[ (Formerly Known asAMA)Contraot 120716-NAF . Please reference. this Contract number on all purchase orders to National Auto Fleet Group. Payment terms are Net 20 days after recei'ptof vehicle. Thank you in advance for your consideration.. Should you have any questions, please do not hesitate to. call. Sincerely, 1 Jesse Cooper Account Mena Email:- FleeftNa • alAutoFleetGroup.corn Office: (855) 289-6572 Fax: (831.) 480-8497 Quoting Department Account Manager Fleet@ NatlonalAutoFleetGroup.corn (855) 289-6572.. TOYOTA https'//netionaleutotlaetgroup.com/OrderRequest/SSA.Print/12493?ws=true&seritruo&ssdType-QuickQuote 3/9 230 of 696 1/13/2020 Sell, service, and deliver letter Inorder to Finalize your Quote, please submit this purchase packet to your governing body for Purchase Order Approval. Once you issue a Purchase Order please send by: Fax: (831) 480-8497 Mail: National Auto Fleet Group 490 Auto Center Drive Watsonville, CA 95076 Email: Fleet@nationalautofleetgroup.com We will then send a W-9 if you need one. Please contact our main office with any questions: 1 855-289-6572 htlps://netionalautolicelrgroup.car/OrderRequest/SSDPrinV12A937ws=true&se=lru©&ssd7ypeµQulckQuote 4/9 231 of 696 1/13/2020 Sell, •service, and dallver !altar Vehicle Configuration Options EMISSIONS Code , .se 1 • , ,4 : ' Description FE 50 STATE EMISSIONS PRIMARY PAINT 'Code Description 040 SUPER WHITE PAINT SCHEME ' ,...... ...„,,, Code Description STANDARD' PAINT .,...z.:, SEAT TRIM ._ ,,, .. _ ..... Code • Description .FB14 CEMENT, FABRIC SEAT TRIM (FB) "ADDITIONAL EQUIPMENT _ .,..._., Code Description .SX SX PACKAGE, -Inc: black mirror caps, Black Overienders, Daytime Running Lamps, black bezer,..4 PORT INSTALLED OPTIONS Code Description ' IVIF -----4 MUDGUARDS — ... • „.„...._ .._ _„. ..,„ ... . . ....„ ;t• .;; Itps://nationalautoneetgraup.com/OrderRequestiSSDPrInt/12493?wsv-true&ser--truo&ssdType;;QuickQuato 6/9. 232 of 696 1/1S/20.20 Seri, servfce,.and dofiv©r letter 2020 Fleet/Non-Retail Toyota Tacoma 2WD SR Access Cab 6' Bed 14 AT (Nati) WINDOW STICKER 2020 Toyota Tacoma 2WD SR Access Cab 6' Bed 14 AT (Nat» CODE MODEL MSRP 7162 2020 Toyota Tacoma 2WD SR Access Cab 6' Bed 14 AT (Nati) $26,050.00 OPTIONS a b 6 . FE 50 STATE EMISSIONS $0.00 040 SUPER WHITE $0.00. STANDARD PAINT :$0,00 .FI314 CEMENT, FABRIC -SEAT TRIM (FB) $0.00"- SX SX PACKAGE, -inc: black mirror caps, Black Overfenders, Daytime Running Lamps, black bezel $715.00. • MF MUDGUARDS $129:00 Please note selected options override standard equipment SUBTOTAL $26,U94,Q 1 Advert/ Adjustments $0.00 Manufacturer destination Charge $1.,12.0.00 TOTAL PRICE $2t?,014.06 Est City: 20 (2019) MPG Est Highway: 23 (2019) MPG Est Highway Cruising Range:485.30 mi Any performance -related calculations are offered solely as guidelines. Actual unit performance will depend on your operating condttiOt ;,t . 1, 1.0 7 •i hitp ltnationalautoteelgroup.com/OfderRequestiSSDPrint/92493?ws.true&se=true&ssdTypeQuickQuate •.fires 233 of 696 �/13/2020 Sell, service, and deliver letter Standard Equipment MECHANICAL Engine: 2,7L 1-4 DOHC 16-Valve -Inc: cast iron block w/alurninu.m alloy head and VVT-"ri Transmission: 6-Speed Automatic -inc: electronically controlled w/intelligence Aisle Ratio:. 4.30 GVWR: 5,600 lbs Rear -Wheel Drive Battery w/Run Down Protection .1 Skid Plats 1620# Maximum Payload Gas -Pressurized Shock Absorbers Front.Anti«Roll Bar . Hydraulic Power -Assist Speed -Sensing Steering •- 1.1 Gal. Fuel Tank :Ingle Stainless Steel Exhaust: _. Double Wishbone Front Suspension w/Coil Springs Leaf Rear Suspension w/Leaf Springs Front Disc/Rear Drum Brakes w/4-Wheel ABS, Front Vented Discs, Brake Assist and Hill Hold Control _ . ....� Brake Actuate d Limited Slip Differential EXTERIOR Wheels: 7J Style Steel Diiso ;Tires: P245/75R16 AS :Regular Composite Box Style Steel Spare Wheel Full -Size Spare Tire Stored: Underbody w/Crankdown Clerrcoat. Paint body -Colored Front Bumper w/1 Tow Hook Body -Colored -Rear Step Burnper w/Black Rub Strip/Fascia .Accent. Black Side. Windows Trim, Black Front Windshield Trim and Black Rear Window Trim Body -Colored Door Handles 'Body -Colored Power Side Mirrors w/Manual Folding air am, 4.Sliding Rear Window + vorl Deep Tinted Glass Variable Intermittent Wipers Fully Galvanized Steel Panels Black Grille Reverse Opening Rear Doors helps,Nnalibnalaulnllootgroup,cornlOrderRequesliSSDNIn€/'1249a7ws-true&se=4iue&ssdiype...M akOuote 7/0 234 of 696 1l13f2020 ailgate Rear Cargo Access Manual Tailgate/Rear Door Lock Integrated Storage Sell, service, and deliver letter Auto Off Projector Beam Halogen Daytime Running Auto High -Beam Headlamps ENTERTAINMENT Radio: AM/FM Stereo -Inc: 6 speakers, 7" touch -screen display, auxiliary port, USB. media port, Siri eyes free,- advanced voice recognition, Bluetooth hands -free phone capability, phone book access, Apple CarPl j Android Auto, Amazon Alexa, SiriusXM and music streaming }R: ..,Steeringee ro < adiq wlSaek�Scan, .Cluck, Speed Compensated Volume Control and Wheel Controls 'Integrated Roof Antenna 1 LCD Monitor In The Front INTERIOR Front Bucket Seats -inc: 4-way adjustable front seats w/driver lumbar support it 5, Driver Seat ; f�>. Passenger Seat 1.-'ia,y.' 1' q Jump Front Facing Fold -Up Cushion Rear Seat u. Vianual Tilt/Telescoping Steering Column #. Gauges -inc:. Speedometer, Odometer, Engine Coolant Temp, Tachometer and Trip Odometer Fixed Rear Windows .µ l Wi-Fi Connect with up to 2GB within 3-month trial Mobile Hotspot. Internet Access .. y.. Front Cuphoider Rear Cupholder ..', Cruise Control w/Steering Wheel Controls - Distance Pacing Manual Air Conditioning 'lockingIove Box 'Driver Foot Rest Interior Trim -inc: Chrome/Metal-Look Interior. Accents adlmer Full Cloth Headliner •I e i Cloth Door Trim Insert Urethane Gear Shift Knob LL Fabric. Seat Trim (FB) _.. ,.:_ ,:. Day -Night Rearview Mirror r,1 --1{ Full Floor Console wlCovered Storage, Mini Overhead Console w/Storage, Rear Console w/Storage mci-2 a.r.. ., ... Front Map Lights Fade -To -Off Interior Lighting Full Carpet Floor Covering htips:tln allona le u tofiaetg rou p.aom/Ord arR eq uest!SS DPrint1124907ws=lrue&se=true&asdiypa.tQuickQuote 235 of 696 1112/2020 . Sell, service, and deliver letter instrument Panel Bin, Interior Concealed Storage, Driver / Passenger And Rear Door Bins and 2nd Row. 'Underseat Storage a °? • :..ower 1st Row Windows .wit) rIvor 1-Touch Down ,`belayed Accessory Power Power Door Locks w/Autolock Feature Outside Temp Gauge Analog Display Seats w/Cloth Back Material Manual Anti -Whiplash Adjustable Front. Head Restraints and Fixed Rear Head Restraints Front Center Armrest Engine Immobilizer 12 12V DC Power Outlets fir Filtration SAFETY Electronic Stability Control (ESC) ABS And Driveline Traction Control Side Impact Beams _ Dual Stage Driver And Passenger Seat -Mounted :Side Airbags Safety Connect with 1-year trial Emergency Sas :"oyota Safety Sense P (TSS-P) s_ane Departure Alert (LDA) Lane Departure Warning Low Tire Pressure Warning Dual Stage Driver And Passenger•Front Airbags w/Passenger Off Switch Curtain 1st And 2nd Row Airbags Airbag Occupancy Sensor Driver And Passenger Knee Airbag Outboard Front Lap And Shoulder Safety Belts -inc:. Height Adjusters and Pretensloners ,o ;Back -Up Camera blips:!!nationalautofleoligroup.nomtOrderRequest/SSDPrInt/12d937w5=true&sw true&ssd7ype.Qulekauote 9I9 236 of 696 FORM E CONTRACT ACCEPTANCE AND AWARD {Top portfOn t Ihrs,tprm 41.1;fe.cOmPleiteg bY.NJPA .1he Yq Nor Is giycieeci ct oonircici, the yendar.shoUt$ cotrplpfe the ve'nctor aufbotimdslondure.s as, port tha,RWresponset,). NJPA onirout 41: 120716-14AP Propoor's,foirluQof nomet 7.2 Hour LLC, •ittb.o RaffonctrAufo 'Ft croup if tt.a.$eici br NOM'oyaltrilitctrt pi ya!,tr•prap0§4 yottboveboun.awarded.a,vontract an awarded ucifrocq,.y00.,11: veal to, prOkAdO thOiproduati,and.00rn404 Inyour itirepatial tiAlotit all orb.° Vitals orird carlitiftoritrs aloft tj it* tift to nty unieilderkmis:10 05,10P, riditi any .epfl'on$' that ore aceplot;i 14.0.4" • !it' The efiednYek ilate-df 7)11trcial wIi be JP1111qTY );7., 2017 and wil.exptre gn Jc(nuary 17,, 2021 (no' [dietitian the later oflour year.s,frorn the'explrolion rMe orthe currerftty awarded 'QQ,nirac .ar four yeam frorn,the. daft) Malibu NJPA CiiletPrOcOreMent Ofito,eir dwctrds. the inntro.4G1), This 00birct6t tftvf)xitincted for a ,ffin yOtirat NJP.Af$ thorelion. Jeremy Schwartz fltiAMtPRHl1 O1 ti3Ent ChchzitiDdytette icliRA.MEOUTiV6o160PORickl3.iONATURE (HAW PlOrTGD-pr,YPF,o) AWarded on, January 1.55, 201'7 NJPA?oMrf 120716...NM ......... Vendor Authorized Sigriatureo: .The.Vondor-herebY adoopts fit doniract aworiVinotuditig at! dQcOpiort exoRPtions and arnencirneni$, Vendor Name, 41:42e?.e. ../e/Wctre40/ ,kre, Weer* eVoel Authorized SW ticttotY4$Jfle /0ee"0p-/ 7.eff‘e: e-pot MITH6IMED SMARE (NAMVPRINgt)-01i TYPrt-A aeoufed on [6. 2012 NJPA Contract # 120716-N1AF 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 CITY TO PIGGYBACK ONTO SOURCEWELL (FORMERLY "NATIONAL JOINT POWERS ALLIANCE") CONTRACT #120716-NAF WITH NATIONAL AUTO FLEET GROUP FOR THE PURCHASE AND BUILD -OUT OF ONE (1) 2020 TOYOTA TACOMA 2WD (7162) SR ACCESS CAB TRUCK IN AN AMOUNT NOT TO EXCEED $28,334.60 WHEREAS, as part of the Fiscal Year 2020 Annual Budget, City Council approved funding through the Equipment Replacement Reserve for the purchase of one (1) Community Services Officer (C.S.O.) specialty truck for the National City Police Department; and WHEREAS, staff desires to purchase a new 2020 Toyota Tacoma 2WD (7162) SR Access Cab Truck; and WHEREAS, Fleet Managers typically reach out to local dealerships to acquire stock vehicles, prior to shipping to specialty shops for installation of aftermarket buildouts and customizations; and WHEREAS, the City of National City has an opportunity to piggyback onto the Sourcewell Contract #120716-NAF with National Auto Fleet Group to allow for the purchase of one (1) Toyota Tacoma 2WD (7162) SR Access Cab Truck; 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 Sourcewell Contract #120716-NAF with National Auto Fleet Group was competitively bid through a Request for Proposals (RFP) process, and that the State of California Department of General Services procurement procedures are in substantial compliance with those of National City; and WHEREAS, staff is requesting City Council to award the purchase of one (1) 2020 Toyota Tacoma 2WD (7162) SR Access Cab Truck to National Auto Fleet Group in an amount not to exceed $28,334.60, consistent with Section 2.60.260 of the National City Municipal Code regarding cooperative purchasing, by piggybacking onto the Sourcewell Contract #120716-NAF. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby affirms the Purchasing agent's determination that the Sourcewell Contract #120716-NAF with National Auto Fleet Group was competitively bid through a Request for Proposals (RFP) process, and that the State of California Department of General Services procurement procedures are in substantial compliance with those of National City. 238 of 696 Resolution No. 2020 — Page Two BE IT FURTHER RESOLVED that the City Council of the City of National City hereby waive the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City to piggyback onto Sourcewell (formerly "National Joint Powers Alliance") Contract #120716-NAF with National Auto Fleet Group for the purchase and build -out of one (1) 2020 Toyota Tacoma 2WD (7162) SR Access Cab Truck in an amount not to exceed $28,334.60. PASSED and ADOPTED this 17th day of March, 2020. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 239 of 696 CC/CDC-HA Agenda 3/17/2020 — Page 240 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City to piggyback onto Sourcewell (formerly "National Joint Powers Alliance") Contract #040319-CEC with Miramar Bobcat, Inc. for the purchase and build - out of one (1) T76 T4 Bobcat Compact Track Loader and a Felling FT-40-2 LP Trailer in an amount not to exceed $107,705.28. (Engineering/Public Works) Please scroll down to view the backup material. 240 of 696 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: (March 17, 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 City to piggyback onto Sourcewell (formerly "National Joint Powers Alliance") Contract #040319-CEC with Miramar Bobcat, Inc. for the purchase and build -out of one (1) T76 T4 Bobcat Compact Track Loader and Felling FT-40-2 LP Trailer in an amount not to exceed $107,705.28. PREPARED BY: Tirza Gonzales, Executive Secretary DEPARTMENT: Engineering/Public Works PHONE: (619) 336-4318 EXPLANATION: See attached explanation. APPROVED BY: j FINANCIAI STATEMENT: APPROVED: ACCOUNT NO. APPROVED: 644-416-221-511-0000 (Equipment Replacement Reserve - Streets): $53,852.64 644-416-223-511-0000 (Equipment Reserve Fund — Sewer): $53,852.64 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: Adopt Resolution awarding the purchase and build -out of one (1) T76 T4 Bobcat Compact Track Loader and Felling FT-40-2 LP Trailer for the Public Works Streets and Wastewater Division. BOARD / COMMISSION RECOMMENDATION: N/A.1 ATTACHMENTS: 1. Explanation 2. Quote 3. Sourcewell Contract # 040319-CEC 4. Resolution 241 of 6961 Explanation: As part of the FY20 annual budget, City Council approved funding through the Equipment Replacement Reserve for the purchase of one (1) Skid Steer and Trailer for the Public Works Streets and Wastewater Division. Staff desires to purchase a new T76 T4 Bobcat Compact Tracker Loader and Felling FT-40-2 LP Trailer. Consistent with Section 2.60.260 of the National City Municipal Code (NCMC) regarding cooperative purchasing, there is an opportunity to piggyback onto the Sourcewell Contract #040319-CEC with Miramar Bobcat, Inc. to allow for the purchase of one (1) T76 T4 Bobcat Compact Tracker Loader and Felling FT-40-2 LP Trailer. NCMC Section 2.60.260 provides authority to the purchasing agent to join with other public jurisdictions to take advantage of cooperative purchasing opportunities, including but not limited to any federal, state or local agency pricing program or structure that is determined by the purchasing agent to allow a procurement that is in the best interests of the City. The purchasing agent may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined by the purchasing agent to be in substantial compliance with the City's procurement procedures, irrespective of the contracting limits of that jurisdiction or agency, even if the City had not initially joined with that public agency in the cooperative purchase. National City's Purchasing staff has confirmed that the Sourcewell Contract # 040319- CEC with Sourcewell was competitively bid through a Request for Proposals (RFP) process, and that the State of California Department of General Services procuremerq procedures are in substantial compliance with those of National City. Therefore, staff requests that City Council authorize the Mayor to award the purchase c �€ one (1) T76 T4 Bobcat Compact Tracker Loader and Felling FT-40-2 LP Trailer to °" Miramar Bobcat, Inc. in an amount not to exceed $107,705.28, consistent with Section u; 2.60.260 of the National City Municipal Code regarding cooperative purchasing, by piggybacking onto the Sourcewell Contract #040319-CEC. The funding to purchase this vehicle was approved by City Council through adoption of the FY 2020 annual budget. 242 of 696 Bobcat Product Quotation Quotation Number:1-IMM-19556v1 Date: 2020-01-15 13;49:42 Customer Name/Address: CITY OF NATIONAL CITY Attn: RUBEN 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 Bobcat Delivering Dealer Miramar Bobcat, Inc,San Diego,CA 9370 MIRAMAR ROAD SAN DIEGO CA 92126-4418 Phone: (858) 566-4600 Fax: (858) 566-4888 Description T76 T4 Bobcat Compact Track Loader 74.0 HP Tier 4 Turbo Diesel Engine Auxiliary Hydraulics: Variable Flow Backup Alarm Bob -Tack Bobcat Interlock Control System (BICS) Controls: Selectable Joystic Controls Cylinder Cushioning - Lift, Tilt Engine/Hydraulic Peformance De -rate Protection Glow Plugs (Automatically Activated) Horn Instrumentation: Standard 5" Display (Rear Camera Ready) with Engine Temperature and Fuel Gauges, Hourmeter, RPM and Warning Indicators. Includes maintenance interval notification, fault display, job codes, quick start, and security lockouts. Lift Arm Support P27 Performance Package "Power Bob-Tach 7-Pin Attachment Control Two -Speed C52 Comfort Package Standard Enclosed Cab with AC/Heat Sound Reduction Port Relief Valve 74" Heavy Duty Bucket --- Standard Bolt -on tooth kit 74" Industrial Bucket Grapple 14" Planer, Standard Flow --- Drum 14 Description Bob-Tach Mounted Backhoe --- 12" MX2 XCHG TEETH ORDER TO BE PLACED WITH: Contract Holder/Manufacturer Clark Equipment Co dba Bobcat Company 250 E Beaton Dr, PO Box 6000 West Fargo, ND 58078 Phone: 701-241-8719 Fax: 855-608-0681 Contact: Heather Messmer Heather. Messme r@doosa n.corn Part No Qty Price Ea. Total M0371 1 $48,503.52 $48,503.52 Lift Path: Vertical Lights, Front and Rear LED Operator Cab • Includes; Adjustable Suspension Seat, Top and Rear Windows, Parking Brake, Seat Bar and Seat Belt z; • Roll Over Protective Structure (ROPS) meets SAE-J1040 and ISO 3471 • Falling Object Protective Structure (FOPS) meets SAE-J1043 and ISO 3449, Level I; (Level II is available through Bobcat Parts) ,_,. Parking Brake: Spring Applied, Pressure Released (SAPR) Solid Mounted Carriage with 4 Rollers Tracks: Rubber, 12.6" Wide Warranty: 2 years, or 2000 hours whichever occurs first M0371-P06-P27 1 $3,139.92 $3,139.92 Dual Direction Bucket Positioning" M0371-P07-052 Radio Ready HVAC Headliner Adjustable Suspension Seat Premium LED Lights M0371-A02-005 1 $66.00 7272680 1 $855.00 7355991 8 $43.57 7168290 1 $2,949.56 M7019 1 $7,139.44 M7019-R01-0O3 1 $1,970.68 Total for this Machine Part No Qty Price Ea. 6906767 1 $4,040.16 7333230 1 $509.20 Total for these items 1 $3,713.04 $3,713.04 $66.00 $855.00 $348.56 $2,949.56 $7,139.44 $1,970.68 $68,68 a.72 Total $4,040.16 $50§,26 $4,549.36 Total of Items Quoted $73,235.08 243 of 696 Freight Charges Dealer Assembly Charges Tax — 7.75% Quote Total - US dollars Notes: • $2,177. 0 $104.;0 $5,68318 $81,199.86 *Prices per the Sourcewell Contract—040319-CEC *Terms Net 30 Days. Credit cards accepted. *FOB Origin within the 48 Contiguous States. *Delivery: 60 to 90 days from ARO. *State Sales Taxes apply. Must include a Tax Exempt Certificate with order placed. *T1D# 38-0425350 *Orders Must be Placed With: Clark Equipment dba Bobcat Company, Govt Sales, 250 E Beaton Drive, West Fargo, ND 58078. ORDER ACCEPTED BY: SIGNATURE DATED PRINT NAME AND TITLE PURCHASE ORDER # SHIP TO ADDRESS: BILL. TO ADDRESS (If (Moment than ShipTo): 244 of 696 Product Quotation Quotation Number: 32472D032619 Date: 2020-01-17 14:03:46 Ship to City of National City Attn: Ruben 1243 National City Boulevard National City, CA 91950 Phone: (619) 496-6118 Bobcat Dealer Miramar Bobcat, Inc. 9370 Miramar Road San Diego CA 92126 Phone: (858) 566-4600 Fax: (858) 566-4888 Contact: Nathan DeGour Phone: (858) 566-4600 Fax: (858) 566-4888 Cellular: (619) 405-7303 E Mail: ndegour@bobcat- dealer.com Bill To City of National City Attn: Ruben 1243 National City Boulevard National City, CA 91950 Phone: (619) 496-6118 Description Felling FT-40-2 LP DMV Fees Total of Items Quoted Sales total before Taxes Taxes: San Diego County 7.75% Quote Total - US dollars Notes: Part No Qty Price Ea. Total $24,554.00 $24,599.00 $45.00 $24,599.00 $24,599.00 $1,906.42 S26,505.42 f 2 ii prices subject to change without prior notice or obligation. This price quote supersedes all preceding price quotes-.T Customer Acceptance: Purchase order: Authorized Signature: Print: Sign: Date: 245 of 696 DocuSign Envelope ID F118B8F3-F767-41AA-AF63-608CM105036 FORM E CONTRACT ACCEPTANCE AND AWARD bO1EryNti5F.NI,'�AFO G j 0 a O w 4 z wilik Sourcewell (Top portion of 'his form will be completed by Sourcewell if the vendor is awarded a contract. The vendor should complete the vendor authorized signatures as port of the RFP response.) Sourcewell Contract It: 040319-CEC Proposer's full legal narne: Clark Equipment Company dba Bobcat Company Based on Sourcewell's evaluation of your proposal, you have been awarded a contract. As an awarded vendor, you agree to provide the products and services contained in your proposal and to meet all the terms and conditions set forth In this RFP, in any amendments to this RFP, and In any exceptions that are accepted by Sourcewell. The effective date of the Contract will be May 31, 2019 and will expire on May 31, 2023 (no later than the later of four years from the expiration date of the currently awarded contract or four years from the date that the Sourcewell Chief Procurement Officer awards the Contract). This Contract may be extended for a fifth year at Sourcewell's discretion. Sourcewell Authorized Signatures: OoCuSI ned by: [n.su uJ Oartitj CI7F 17A 1391300dith SOURC EWFLI DIRECTOR OF OPERATIONS AND PRboccuilpAv T/CPOSIGNAiURE C04411, COMA& 42/e13FTITTA 4cc SOURCEWELL EXECUTIVE DIRECTOR/CEO SIGNATURE Awarded on May 28, 2019 Jeremy Schwartz (NAME PRINIEL) OR IYPEDI Chad Coquette (NAME PRINTED OR TYPED) Sourcewell Contract fl 040319-CEC Vendor Authorized Signatures: The Vendor hereby accepts this Contract award, including all accepted exceptions and amendments. Vendor Name( tiA(12k 1 �.✓' a,.,,i, Aut 's Title � 676, U,r ,,,r ,,, e j rr'(-c L. s VENDOR AUTH 'tl -D SIGNATURE (NAME rtRENTED OR TYPEDI Executed on , 20j1 Sourcewell Contract # 040319-CEC cOtru, , 7 (, o,ime.1 246 of 696 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 CITY TO PIGGYBACK ONTO SOURCEWELL (FORMERLY "NATIONAL JOINT POWERS ALLIANCE") CONTRACT #040319-CEC WITH MIRAMAR BOBCAT, INC. FOR THE PURCHASE AND BUILD -OUT OF ONE (1) T76 T4 BOBCAT COMPACT TRACK LOADER AND A FELLING FT-40-2 LP TRAILER IN AN AMOUNT NOT TO EXCEED $107,705.28 WHEREAS, as part of the Fiscal Year 2020 Annual Budget, City Council approved funding through the Equipment Replacement Reserve for the purchase of one (1) Skid Steer and Trailer for the Public Works Streets and Wastewater Division; and WHEREAS, staff desires to purchase a new T76 T4 Bobcat Compact Tracker Loader and a Felling FT-40-2 LP Trailer; 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 onto the Sourcewell Contract #040319-CEC with Miramar Bobcat, Inc. to allow for the purchase of one (1) T76 T4 Bobcat Compact Tracker Loader and a Felling FT-40-2 LP Trailer; 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 Sourcewell Contract # 040319-CEC with Sourcewell was competitively bid through a Request for Proposals (RFP) process, and that the State of California Department of General Services procurement procedures are in substantial compliance with those of National City; and WHEREAS, staff is requesting City Council to award the purchase of one (1) T76 T4 Bobcat Compact Tracker Loader and a Felling FT-40-2 LP Trailer to Miramar Bobcat, Inc. in an amount not to exceed $107,705.28, consistent with Section 2.60.260 of the National City Municipal Code regarding cooperative purchasing, by piggybacking onto the Sourcewell Contract #040319-CEC. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby affirms the Purchasing agent's determination that the Sourcewell Contract # 040319-CEC with Sourcewell was competitively bid through a Request for Proposals (RFP) process, and that the State of California Department of General Services procurement procedures are in substantial compliance with those of National City 247 of 696 Resolution No. 2020 — Page Two BE IT FURTHER RESOLVED that the City Council of the City of National City hereby waives the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizes the City to piggyback onto Sourcewell (formerly "National Joint Powers Alliance") Contract #040319-CEC with Miramar Bobcat, Inc. for the purchase and build -out of one (1) T76 T4 Bobcat Compact Track Loader and a Felling FT-40-2 LP Trailer in an amount not to exceed $107,705.28. PASSED and ADOPTED this 17th day of March, 2020. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 248 of 696 CC/CDC-HA Agenda 3/17/2020 — Page 249 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City to piggyback onto Sourcewell (formerly "National Joint Powers Alliance") Contract # 120716-NAF with National Auto Fleet Group for the purchase and build -out of one (1) 2020 Ford Transit Cargo Van (W1Y) T-350 in an amount not to exceed $95,316.33. (Engineering/Public Works) Please scroll down to view the backup material. 249 of 696 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 17, 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 City to piggyback onto Sourcewell (formerly "National Joint Powers Alliance") Contract #120716-NAF with National Auto Fleet Group for the purchase and build -out of one (1) 2020 Ford Transit Cargo Van (W1Y) T-350 in an amount not to exceed $95,316.33. PREPARED BY: tirza Gonzales, Executive Secreta PHONE: 1(619) 336-4318 EXPLANATION: See attached explanation. DEPARTMENT: Engineering/Public Works APPROVED BY: 7 FINANCIAL STATEMENT: _ APPROVED: ACCOUNT NO. APPROVED: 1644-411-000-511-0000 (Equipment Replacement Reserve — Police): $95,316.33 ENVIRONMENTAL REVIEW: N/I ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt Resolution awarding the purchase and build -out of one (1) 2020 Ford Transit Cargo Van (W1Y) T-350 for the National City Police Department. BOARD / COMMISSION RECOMMENDATION: N/A. ATTACHMENTS: 1. Explanation 2. Quote 3. Sourcewell Contract #120716-NAF 4. Resolution 250 of 6961 Explanation: The current prisoner transport van used by the National City Police Department has exceeded its useful life and is scheduled to be replaced. Staff desires to purchase a new 2020 Ford Transit Cargo Van (W1Y) T-350. Consistent with Section 2.60.260 of the National City Municipal Code (NCMC) regarding cooperative purchasing, there is an opportunity to piggyback onto the Sourcewell Contract #120716-NAF with National Auto Fleet Group to allow for the purchase of one (1) 2020 Ford Transit Cargo Van (W1Y) T- 350. NCMC Section 2.60.260 provides authority to the purchasing agent to join with other public jurisdictions to take advantage of cooperative purchasing opportunities, including but not limited to any federal, state or local agency pricing program or structure that is determined by the purchasing agent to allow a procurement that is in the best interests of the City. The purchasing agent may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined by the purchasing agent to be in substantial compliance with the City's procurement procedures, irrespective of the contracting limits of that jurisdiction or agency, even if the City had not initially joined with that public agency in the cooperative purchase. National City's Purchasing staff has confirmed that the Sourcewell Contract #120716- NAF with National Auto Fleet Group was competitively bid through a Request for Proposals (RFP) process, and that the State of California Department of General Services procurement procedures are in substantial compliance with those of National City. Therefore, staff requests that City Council authorize the Mayor to award the purchase of one (1) 2020 Ford Transit Cargo Van (W1Y) T-350 to National Auto Fleet Group in an amount not to exceed $95,316.33, consistent with Section 2.60.260 of the National City Municipal Code regarding cooperative purchasing, by piggybacking onto the Sourcewell Contract #120716-NAF. The funding to purchase this vehicle was approved by City Council through adoption of the FY 2020 annual budget. 251 of 696 i1B12020 Soli, service, and deliver letter Nat.ional Auto Fleet Group A OrvInion Clievrolot n•r Watnnnvflln 480 Mitt Center Drive, Watsonville, CA 8 5D7 C (885) i 88.f572 s (831) 480.8487 Fax FieetPNatfona1AiutoTieett3roup oom .400U34514:'4u04vw........ww.rvvwawwn.. ..4. • .µN1.1/N0 .dHYdINM,.,03 rArlv.eGwNvw.wwwxwur w 1/8/2020 Quote ID: 12462 Order Cut Off Date: TBA Mr Ruben Huerta City of National City - 17.2.6 Wilson.Ave National City, California, 91950 Dear Ruben Huerta, National.Auto Fleet.Group is pleased ,to'quote the.foilowing vehrcle(s) for your consideration. One (1) New/Unused (2020 Ford Transit Cargo Van .(WI(). T-350 148" Low Rf 95.00 •GVWi2.RWP, Trivan installed.• Passenger Transpt ) and delivered to your specified location., each for On.e Unit $34,204.36 $53,234.,79 $200.0.0 $7,668.43 $8.75 $95,316.33 Contract Price Trivan installed Passenger Transpt 1 additional key(s) Tax (8.7500 %) Tire fee Total R per..the attached specifications, This vehicle(s) is•a.vailable..uriderthe Sourcewall (Formerly .Known as.NJPA)Contract 120716-NAF . •Please..reference this Contract number on all purchase orders to National Auto Fleet: Group. Payment.terms are Net 20 days after receipt of vehicle. Thank you in advance 5ideration. Should you have any questions, please do not hesitate to call. Sincerely, . JesseCooper Account M Email: F.t c@NationalAutoFleetGroup.com Office:'( 5) 289-6572 Fax: (831) 480-8497 CHEVROtEt Quoting Department. Account. Manager Fleet@NationalAutaFleetGroup.com (855) 289-6572 TOYOTA littps:final;analeuta(leetyroup.coWOrderRee}uesVSSD Print/12462?ws=true&se=true&ssdType=QuickQuote 3110 252 of 696 1/8/2020 Sent service,, anti deliver lelter In order to Finalize your Quote, please submit thitF purchase packet to your governing body for Purchase Order Approval. Once you issue a Purchase Order please send by: Fax: (831) 480-8497 Mail: National Auto Fleet Group 490 Auto Center Drive 'Watsonville, CA 9507E Email: Fleet@nationalautolleetgroup.com We will then send a W9 if you need one Please contact our main office with any questions: 1-855-289-6572 .1. httpa:llnationafautolleetgrou p.co mlOrd s rReq uestl8 SD Prin U12462?ws.treetise=true&ssdTypaQu ickQuote 4/10 253 of 696 TriVan pow ;. , • 1385 West Smith Road Ferndale, WA 98248 cUaax- Notional Auto, Fleet Group 490 Autp Center Watsonrri le, CA 95076 Phone # (360)380.0773 S.O. No, Date SPEC 1/8/2020 Rop P.O. No. Cason. PRISONER TRA.,. es`c ri pti:on Ampun!...; Truck Body quote / spec for prisoner transport vehicle for City of National 'City, CA NOTE: Overall height of vehicle not•to exceed 96" Ford van to be .provided by NJPA, This'price.includes P.D I, weight slip, delivery to City of National.City and training session by TriVan. Supply.&.install a Havis PrisonerVan aluminum insert module, model# PT-FO5-120-3 into a customer -provided Ford Transit Van (specs.befow), Havis insert is a 3 compartment/cell design, 120" module length, Insert is equipped With seat belts, seat dividers, grab straps on ceiling and 3 emergency escape. exit doors. 3 exterior entry. doors (2 al rear, 1 at passenger side) Includes rear top LED loading Tight, interior LED dome lights, a.4-camera surveillance - system with in•cab screen and 17VR system installed, an intercom system an.d a roof -mounted 12V ventilation fan. Also included.1s under-benoh.storage feature for inmates, personal belongings and a flip -down step at rear of van, TriVen to.add (2) Price:quoted.includes all labor, materials, delivery & logistics,. CHASSIS REQUIREMENTS: Van to be drop•shipped to TriVan by National Auto. Fleet Group. Chassis•is a 2020 Ford Transit Low Roof Van T-350, 9500.:GVWR, with 148"wheelbase, non -extended, 3,5L Ve Flex Fuel, dual AGM batteries, dual alternators, driver controlled .front/rear aux A/C & heater (option 57G). SWing doors at. rear, slider door on passenger side only. Van will be ordered by customer and drop -shipped to TriVan, HAVIS PRISONER INSERT (MODEL fiT-F05-120-3) INSERT CONSTRUCTION: white.powdercoated aluminum construction, ventilated aluminum doors. 9501bs total weight. Included. EMERGENCY ESCAPE HATCHES: Includes emergency escape hatches in all 3 compartments. included. STEPS: Includes. a rear step that folds. up & away, plus a fixed side step. Included, 12V LIGHTING: Each of the 3 cells includes :an LED .dome light. Load lighting above rear doors, with dedicated switch. O.00T Sales Tax (0.0%) Order Approval Signature: Pogo 1 Total 254 of 696 1385 West Smith Road Ferndale, WA 98248 National Auto Fleet Group 490 Auto Center Watsonville, CA 95076 S.O. No. Date SPEC 1/8/2020 Rep P.O. No. • -l. r Cuon PRISONER TRA,,! Item • kDenptlon 1,966,21T Sales Tax (0.0%) USD 0.00 Order Approval SIgnature; Page 2 Total USD 53,234.79 4. 4 255 of 696 11B12020 Sell, service, and deliver letter Vehicle Conti.gulraitio.n Options ENGINE Code Description ENGINE: 3.5L EGO- BOOST V6, -Inc: auto start -stop technology, 3.73 Limited -Slip Axle Ratio, 990 Single AGM Battery (70 Amp-hr) TRANSMISSION Code Description `4AI TRANSMISSION: 10-SPD AUTOMATIC W/OD & SELECTSHIFT, -Inc: auxiliary transmission oil cooler (STD) PRIMARY PAINT Code Description YZ OXFORD WHITE FAINT SCHEME Code • Description STANDARD PAINT SEAT TYPE Code Description JVK DARK PALAZZO, VINYL FRONT BUCKET SEATS AXLE RATIO Description • ,X.7L 3,73 LIMITED -SLIP AXLE RATIO • SEATING ARRANGEMENT =.Code Description 21G DARK PALAZZO GRAY VINYL BUCKET SEATS, -inc: 2-way manual driver seat, 2-way manua passenger seat. and driver armrest (STD) OPTION PACKAGE faode. Description ORDER CODE 101A ,AbDITIQNAL EQUIPMENT Co.de ran rj� 63C Description DUAL AGM. BATTERIES (70 AMP-HR EACH) DUAL ALTERNATORS (250 AMPS EACH) • h ttpsJ/natlonsla utorleetg rou p,comlord erReq u est/S SO Priti t/12,162?ws=true &se=true4sciTypez-QuickQ uote be .71 • F.* it 5/10 m • 256 of 696 Sell, service, and deliver letter HEAVY-DUTY FRONT AXLE, -inc: Up to 4,630 lb FGAWR, Wheels: 16" Silver Steel w/Exposed Lug Nuts WHEELS: 16" SILVER STEEL,W/EXP`OSED LUGNUTS DRIVER CONTROLLED FRONT/REAR AUK A/C & HEATER, -inc: Heat is distributed from rear of front -passenger .seat, A/C is distributed from therear of van hltps://nallonalautafleetgroup.com/QrderRequest/SSDPrint!1f 24627ws=truetxse=true&ssdType=QUICkQUote 6/10 257 of 696 1/8/2020 Sell, service, and deliver letter 2020 Fleet/Non-Retail Ford Transit Cargo Van T-350 148" Low Rf 9500 GVWR RWD WINDOW W STICKER 2020 Ford Transit Cargo Van T-350148" Low Rf 9500 GV.WR RWD CODE- MODEL W1Y 2020 Ford Transit Cargo Van T-350 148" Low Rf 9500 GVWR RWD OPTIONS 990 ENGINE: 3.5L ECOBO.OST V6, -Inc: auto start -stop technology, .3,73 Limited -Slip Axle Ratio, Single AGM 8attery.(70 Amp-hr) 44U TRANSMISSION: 10-SPD AUTOMATIC W/OD &• SELECTS.HIFT, Inc: auxiliary transmission oil cooler (STD) OXFORD WHITE STANDARD PAINT VK DARK PALAZZO, VINYL. FRONT BUCKET SEATS X7L 3.73:.LIMITED-SLIP AXLE RATIO 21G DARK PALAZZO GRAY VINYL BUCKET SEATS, -Inc; 2-way manual driver seat, 2-way manual passenger seat and driver armrest (STD) 1.01A ORDER CODE 101A 63E DUAL AGM BATTERIES (70 AMP-HR EACH) 63C DUAL ALTERNATORS (250 AMPS EACH) 41 E HEAVY-DUTY FRONT AXLE, -inc: Up to 4,63.0 lb FGAWR, Wheels: 16" Silver Steel wIExposed Lug .Nuts WHEELS: 16" SILVER. STEEL W/EXPOSED LUG NUTS 57G DRIVERCONTROLLED FRONT/REAR AUX•NC & HEATE.R, -Inc: Heat is distributed from rear of front - passenger seat,. A/C isdistributedfrom the rear of van YZ Please note selected options override standard equipment I SRRP $37,985.00 • n ,. $1,495.00. $0.00 $0.00 $0.00 INC $0.00 .$0.00 $295.00 $845.00 t t. $0.0.0 INC $860.00 SUBTOTAL $41,486.(le Advert/ Adjustments $0.00 .• Manufacturer Destination Charge $1,495.00 TOTAL PRICE $42,975:t 0 Est City: N/A MPG Est Highway: N/A MPG Est Highway Cruising Range: N/A mi Any performance -related calculations are offered solely as guidelines, Actual unit performance will depend on your operating -conditional. f1,�iE 0.• https://national au tolleetgrou p.com/Orda rReq ues t/SS 0 Pri nV 124627ws=true& se-true&s sdType=Qu iekQuote 7/10. 258 of 696 1 /8/2020 Standard Equipment 14CHANICAL. Engine: 3.5L PFDi V6 Flex -Fuel -inc: port injection S0EI, service, and deliver letter Transmission: 1 OMSpd Automatic w!OD &:SeiectShift -inc: auxiliary transmission nil cooler ;3.73 Axle Ratio G)JWR: 9,50.0 ibs 50-State Emissions System Rear -Wheel Drive 70:Arnp/Hr Maintenance -Free Battery w/Run Down Protection I250 Amp Alternator $60# Maximum Payload ront Antl-Roll Bar Electric Power-Assist.Steering 225,1 Gal. Fuel Tank .Single Stainless Steel Exhaust: Strut Front Suspension w/Coil Springs Leaf Rear Suspension w/Leaf Springs 4-Wheel Disc Brakes w/4-Whee1 ABS, Front Vented Discs, Brake Assist and Hill Hold Control . 1cTERIOR ';IVheeis .16" Silver Steel w/Black. Hubcap Tires: 235/65R16C 121/119 R AS BSW ',Steel Spare Wheel. ',Full -Size Spare Tire Stored Underbody wlCrankdown Clearcoat.Pailit 6.10.0111161. Black Front•Burriper ' W.'n,uWr x'wwvmwx 'Yv •. ... .. :. Y4r,w+ul' '^ .• Black Rear Bumperwll Tow Hook t3lack F3odyside Cladding and Black Wheel Well Trim •�:ack Side Windows Trim and Black Front Windshield Trim Tack Door Handles Black Side Mirrors w/Convex Spotter ORNONWRII ,Short -Arm Manual -Folding Power Adjust Mirrors l~ight.Tinted. Glass Variable Intermittent Wipers Fully Galvanized :Steel Panels Front License Plate Bracket 4.)iding Rear Passenger Side Door h'tlps://netlonalautoFieetgrnucom/QrderRec uest/SSDPrint/124827wer true&se=true&ssdType-Quickauote 8/10 259 of 696 118/2020 jSplit Swing ;Out Rear Cargo Access Tailgate/Rear Door Lock. Included w/Power Door Locks Sell, service, and deliver leiter Aero-Composite Halogen Auto High -Beam Headlamps I ,aminated Glass ENTERTAINMENT 11-Radio: AM/FM Stereo -inc: Bluetooth, dual USB ports, a 4.0" multi -function display and 4 speakers (front) Radio wJSeek-Scan, Clock, Aux Audio Input Jack, Steering Wheel Controls and External Memory Control Streaming Audio Fixed Antenna Bluetooth Wireless Phone Connectivity :;F1 LCD Monitor In The. Front fiNTERIOR. Dark Palazzo Gray Vinyl Bucket Seats -inc: 2-way manual driver seat, 2-way manual passenger seat and .driver armrest 4-Way Driver Seal � W . ... w.- .......... _...... ..w� � ,. , . . /. . 4-Way Passenger Seat Manual Tilt/Telescoping Steering Column Gauges -inc: Speedometer, Odometer, Engine Coolant Temp, Tachometer and Trip Odometer iaordPass Connect 4G LTE WiFi Mobile. Hotspot Internet Access =Wront Cupholder Remote Keyless Entry w/Integrated Key Transmitter, Illuminated Entry and Panic Button Manual Air Conditioning Locking Glove Box Driver Foot Rest Interior Trim -Inc: Metal -Look Instrument Panel Insert Front Cloth Headllner Urethane Gear Shift Knob Vinyl Front Bucket Seats i.'artial Floor Console w/Storage and 2 12V DC Power Outlets ,��°ront Map Lights Fade -To -Off Interior Lighting Front Only Vinyl/Rubber Floor Covering -Cargo •Space .Lights Instrument Patrol Bin, Driver And Passenger Door Bins Power lst Row Windows w/Driver 1-Touch Down Power Door Locks w/Autolock Feature Analog Display https:!lnationaleutofleolgreup,cam/nrderRequestlSSDPdntl12k627ws=truease.true&ssdType=QuickQuote 260 of 696 1 /8/2020 •Self, Service, and deliver letter Manyal Adjustable Front Head Restraints Securilock Anti -Theft Ignition (pats) Engine immobilizer 2 12V DC Power Outlets 'AFETY liord Co-PiIot360 w/Side Wind Stabilization Electronic Stability Control (ESC) And RoIJ Stability Control (RSC) ABS And Driveline Traction Control Side Impact Beams Dual Stage. Driver And Passenger Seat -Mounted. Side Airbags -Emergency Ses Ford Co-Pilat360 - Pre -Collision Assist with Automatic Emergency Braking (AEB) Ford Co-Pilot360 - Lane -Keeping Assist Lane Departure Warning .194.1.111,1.1011.1 Low Tire Pressure Warning `C:)ual Stage Driver And Passenger •Front Airbags w/Passenger Off Switch afety Canopy System Curtain lst Row Airbags Irbag Occupancy Sensor Outboard Front Lap And Shoulder Safety Belts -inc: Height Adjusters and Pretensioners Back -Up Camera https:/lnation a1a ulo fleetgroup, corn!O rderReq uest/S S D Rri nt/ 124627ws=true&sa=true&ssdType=Qu1ckQuote 10/10 261 of 696 FORME CONTRACT ACCEPTANCE AND AWARD ji'op partial -vat thh,farin othio.cOmplete.;;1.0 UM fl Th 4/01010r 1 ciWagiOcict oeritrt Thei Yeridor.shouja convict° the trendy authotizeci,sionalures as part c heAFP-rosponser,). NJPA t animal ft: 1 207,1 6-NAF propoper.s.fuirlovIrtvorrel 2 Hour LIC, idtlo galforicif Auto .rlizei roup Rased on OF kioy,0401:9n pi y nycoropoOli yoilbovit'bodnsoactirded.00�dqt A an awarded virelcopti.. /, og.roo IP, petratf4 thifi;,Otadcf4fi,,OtielfuNIMG4 inyour Oroptorril inctro metctPI oftro.itOrros aria I f CiltgilfiCHILSalc0111ni 1.131;kFI, fq Orly dmnfrI ft:iis VP, nctin wyexpttoOhol ate (leCp104 4y, OAP" rho eflealhm �cfteoT 1h QiIrQt wfl 17., 2017 arid wit. e.xpire:amicirivary 17,. 2021.{no latierthan 1,h6 loter oflour years,fiY.prn Ihe'expirolion dote orthe ourrentlY awarcled 'c 911/Pact or fur Yeary frorn't he. ricito thdi'lhe RIM CtiletretXtireMeni Offlopr tiwpcds, the Caniroc 4, 11* 00000 hits' blricied for a fifth yOrat N4P.P.,s discretion. tIRA Authotited kin dttnrirsr J6renlY Sch,,44.tz KIPA DIRE OR'OP•00. PliTRACTS P,tAtit PRINT:115.'0R MIDI AND itCYMR ParK3N6TVRE. KJPA OEPJTIVP C#R,40TOKEO 3.104ATURE AWarded an Jantgrry IL 2017. Chod t'ady te (NAME PRNTED'OR 'XIV) 'NADA Oontrapi .1€ 12071 6-NAF ott qmm.1... Von dor Aulliorizad Sig daturost. .The Yondot.horet4 ciOcepts thionitward, lactuaitv all cie:;00P ted exeptions ood omehaments. Vemlor Name ita6/ 1447> .,de-1/,)(,,'9740,7 Authorize Signatoty's.Tlille 7 R AUTHORIZED SIGNATURE Waited on ) [4. .p20t (NAY PRINT:MOH TYPED) t1/41.1PA Cohirool 4i-1207164%1AF 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 CITY TO PIGGYBACK ONTO SOURCEWELL (FORMERLY "NATIONAL JOINT POWERS ALLIANCE") CONTRACT #120716-NAF WITH NATIONAL AUTO FLEET GROUP FOR THE PURCHASE AND BUILD -OUT OF ONE (1) 2020 FORD TRANSIT CARGO VAN (W1Y) T-350 IN AN AMOUNT NOT TO EXCEED $95,316.33 WHEREAS, the current prisoner transport van used by the National City Police Department has exceeded its useful life and is scheduled to be replaced; and WHEREAS, staff desires to purchase a new 2020 Ford Transit Cargo Van (W1Y) T-350; and WHEREAS, the City of National City has an opportunity to piggyback onto the Sourcewell Contract #120716-NAF with National Auto Fleet Group to allow for the purchase of one (1) 2020 Ford Transit Cargo Van (W1Y) T-350; 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 Sourcewell Contract #120716-NAF with National Auto Fleet Group was competitively bid through a Request for Proposals (RFP) process, and that the State of California Department of General Services procurement procedures are in substantial compliance with those of National City; and WHEREAS, staff is requesting City Council to award the purchase of one (1) 2020 Ford Transit Cargo Van (W1Y) T-350 to National Auto Fleet Group in an amount not to exceed $95,316.33, consistent with Section 2.60.260 of the National City Municipal Code regarding cooperative purchasing, by piggybacking onto the Sourcewell Contract #120716-NAF. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby affirms the Purchasing agent's determination that the Sourcewell Contract #120716-NAF with National Auto Fleet Group was competitively bid through a Request for Proposals (RFP) process, and that the State of California Department of General Services procurement procedures are in substantial compliance with those of National City. 263 of 696 Resolution No. 2020 — Page Two BE IT FURTHER RESOLVED that the City Council of the City of National City hereby waive the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizes the City to piggyback onto Sourcewell (formerly "National Joint Powers Alliance") Contract #120716-NAF with National Auto Fleet Group for the purchase and build -out of one (1) 2020 Ford Transit Cargo Van (W1Y) T-350 in an amount not to exceed $95,316.33. PASSED and ADOPTED this 17th day of March, 2020. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 264 of 696 CC/CDC-HA Agenda 3/17/2020 — Page 265 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City to piggyback onto Sourcewell (formerly "National Joint Powers Alliance") Contract # 120716-NAF with National Auto Fleet Group for the purchase and build -out of one (1) 2020 Ford Super Duty F-550 DRW (F5G) 2WD Truck in an amount not to exceed $60,143.29. (Engineering/Public Works) Please scroll down to view the backup material. 265 of 696 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 17, 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 City to piggyback onto Sourcewell (formerly "National Joint Powers Alliance") Contract #120716-NAF with National Auto Fleet Group for the purchase and build -out of one (1) 2020 Ford Super Duty F-550 DRW (F5G) 2WD Truck in an amount not to exceed $60,143.29 PREPARED BY: Tirza Gonzales, Executive Secreta PHONE: (619) 336-4318 EXPLANATION: See attached explanation. DEPARTMENT: Engineering/Public Works APPROVED BY: APPROVED: � OFinance FINANCIAI STATEMENT: ACCOUNT NO. APPROVED: 644-416-221-511-0000 (Equipment Replacement Reserve — Streets): $60,143.29 ENVIRONMENTAL REVIEW: N/A1 ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: Adopt Resolution awarding the purchase and build -out of one (1) 2020 Ford Super Duty F-550 DRW (F5G) 2WD Truck for the Public Works Streets Division. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Explanation 2. Quote 3. Sourcewell Contract #120716-NAF 4. Resolution 266 of 696 [Explanation: The current Dump Truck used by the Public Works Streets Division has exceeded its useful life and is scheduled to be replaced. Staff desires to purchase a new 2020 Ford Super Duty F-550 DRW (F5G) 2WD Truck. Consistent with Section 2.60.260 of the National City Municipal Code (NCMC) regarding cooperative purchasing, there is an opportunity to piggyback onto the Sourcewell Contract #120716-NAF with National Auto Fleet Group to allow for the purchase of one (1) 2020 Ford Super Duty F-550 DRW (F5G) 2WD Truck. NCMC Section 2.60.260 provides authority to the purchasing agent to join with other public jurisdictions to take advantage of cooperative purchasing opportunities, including but not limited to any federal, state or local agency pricing program or structure that is determined by the purchasing agent to allow a procurement that is in the best interests of the City. The purchasing agent may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined by the purchasing agent to be in substantial compliance with the City's procurement procedures, irrespective of the contracting limits of that jurisdiction or agency, even if the City had not initially joined with that public agency in the cooperative purchase. National City's Purchasing staff has confirmed that the Sourcewell Contract #120716- NAF with National Auto Fleet Group was competitively bid through a Request for Proposals (RFP) process, and that the State of California Department of General Services procurement procedures are in substantial compliance with those of National City. Therefore, staff requests that City Council authorize the Mayor to award the purchase of one (1) 2020 Ford Super Duty F-550 DRW (F5G) 2WD Truck to National Auto Fleet Group in an amount not to exceed $60,143.29, consistent with Section 2.60.260 of the National City Municipal Code regarding cooperative purchasing, by piggybacking onto the Sourcewell Contract #120716-NAF. The funding to purchase this vehicle was approved by City Council through adoption of the FY 2020 annual budget. 267 of 696 1/28/202O Sell, service, and deliver letter .,, .,�..,, -.... ... .. x.,.m.,,�...,.. ..._,.,. ..,.......�. .«.1 .,.,��.., a..- box .,t�,...,,..,�..., . National Auto Fleet Gro A at of l lrauralat . f WotnonvWlla 480 Auto Center' Dave" Watsonville, CA 850.78 C.855j 2894572 048a1) 4.80w.8487 Fax F1eet:gillati.enoiA:u.toFleet rouptoam f%tiVekHlxMhM'MYWetl1 1/18/2020 1/23/2020 Re -Configured .:IVIr Ruben Huerta City of National City ;:1726: Wilson Ave National City; California, 81950 Dear Ruben Fluerta, mxMrwrxrxweaaM�nvxa....war.+.+..Nx.aea«y;:era*wxvee«i+Fax+Wxe»m,,...+.wwwww.way.n.w.Mx:xxS:.xxxrMMeq,winwrarxwwr,a�a wwxM.nyiwauiuuull WMd+nYx11-PY.WFW r�AID'NYYMM+u'.w�yv,iyyl5 Quote ID: 12549 R2 Order Cut Off Date: TBA National Auto Fleet Group is pleased to quote.tho following vehicle(s) for your consideration, One (1) New/Unused (2020 Ford Super Duty Fw550 DRW (FSG) XL 2WD Reg Cab 169" WB 84" CA, Harbor Installed 9' Dump Body Shield, & Eqpt.) and delivered to your specified location, each for One Unit Contract Price $39,529,82 Harbor Installed 9' Durnp Body •$15,764.70 Shield, & Eqpt. Tax (8.7500 %) $4,838.27 Tire fee $10.50 Total $60,143,29 - per the attached specifications. This vehicle(s) is available under the Souroewell (Formerly Known as NJPA) Contract 120716WNAF , Please referertde this Contract number on all purchase orders to National Auto Fleet Group, Payment terms are Net 20 days after receipt of vehicle. Thank you in advance for your consideration. Should you have any questions, please do net: hesitate to call., Sincerely, Jesse Cooper' ,r Account M : ager Emaill: Fie t NationatAutoFleetGroup.corn Office: (855) 289-6572 Fax: (831) 480-8497 ctaEVAOLET ticTrAi .Quoting. Department: Account Manager Fleet@N.ationalAutoFleetGroup...com (855) 289-6572 TOYOTA hitps://nationalautotleelgroup.com/OrderRequesUSSDPrint/125h97ws=true&se=true&ssajpe=QuickQuote �ika, ._ _. A ........._._...._...................,,..,,,...,..,w..>w.6a�.aulsr�ld.anraxmel.+,• •'•,•wmiG9ef3rlll�iafamoiipNglei�'raIti 3r11 268 of 696 //2312020 Sell, service, anct deliver letter In order to Finalize your Quote,_please submit this purchase packet to your governing body for Purchase Order Approval. Once you issue a Purchase Order please send by, Fax: (831) 480-8497 Mail: National Auto Fleet Group. 490 Auto Center Drive Watsonville CA 95076 Email: Fleet anationalautofleetgroup9oom We will then send a W-9 if you need one Please contact our main office with any questions: 1-855 289-6572 i1tt 0/netlonalautotleetgroup.eom/OrderRequesVS8DPrinU128497ws=true&se=irue&ssdTypewQuick.quote 4111 269 of 696 Sell To: NATIONAL AUTO FLEET GROUP DEALER 4171E061 1330 W. MAIN ST. ALHAMBRA, CA 91801 626-414-2000 Tax -(dent. Type Legal Entity Ship Via Terms Location Territory .216 10 Days. Net 30 BREA REGION.1 255. Voyager Ave Brea, CA .92821 ho n e: 714-9.96, 0411. Fax: 714.996.069S Harbor Truck Bodies is Not. Held: Responsible for any items hot listed on this. Order/quote. Pricing on quote is valid 30 days from seles.quote date, Item No. Description Exp, Notes • Sales. Quote Sales Quote Date: Inside Sales Rep.: Sales Quote Page :1'of:1 ":xn.:i=1>; 5Q34568 1/13/2020 Kimberly Bellamy Ship To: CITY OF NATIONAL CITY RU B E N P{U E R TA .619-496 -6118. NATIONAL CITY, CA Customer ID Dealer Number SalesPerson VIN FLW9hh1 JENNIFER. Unit Qty. Unit Price Net Price FORD-084-R-DRW HTDU09-3D-SA-CS Y11FB-BLACK. MREC-LAND-V12.5 M7PRONG I'BLED SEO„ 1. SEOW2 SEC 3 FORD 84" CA REGULAR CAB DRW GAS 9-ET Dump Body with SR4016 Halst. & 1/4 Cab Shield,: Painted Black: RECEIVER CLASS VI, LANDSCAPER - 20,000LB INCLUDES 2" INSERT 7 PRONG TRAILER CONNECTOR (POLLAK) MOUNT WITEI LED DOT LIGHTS AND LED CHASSIS LIGHT 24" SADDLE BOX WITH TWO FIXED FULL. WIDETH SHELVES MOUNT WITH LED LIGHTS. ECCQ AMBER. SURFACE MOUT STROBES Amount Subject to Sales Tax 0 Amount Exempt from Sales' Tax 15,764,70 Authorized Signature Dealer VIN/VON P.O.k Date EACH EACH EACH EACH EACI•I EACH EACH EACH {2) IN GRILL AND (1) EACH ON EACH REAR CORNERS OF DUMP BODY 1 1 10, 961,30 10,961.30 1 1 .539.00 1 144.20 1 134.40 1 2,728.60 1 245.00 1 1,012.20 539:is0, 134.40 2,728.60. 245;00 1,012.20 Subtotal: 1.6,764.70 Invoice Discount: 0.00. Total Sales Tax: 0.00 Total: 15,764.70 270 of 696 i /23/2020 8e11, service, and deliver letter Vehicle' Configuration Options r 0ENGINE' ;1 Code 99N Description ENGINE: 7.3L 2V DEVCT NA PF1 V8 GAS, (STD) araw...yarlaxegau.mo TRANSMISSION • Code Description 440 j; • TIRES ; 4 TRANSMISSION: TORQSHIFT 10-SPEED AUTOMATIC, -inc: selectable drive modes: normal, tow/haul, eco and deep sand/snow (STD) Code Description 4GJ TIRES: 225/70RX195G BSW A/P, -Inc: Optional spare is 225/70Rx19.5G BSW A/P (S-f:0)- PRiMARY PAINT Code Z1 Description OXFORD WHITE : PAINTSCHEME Code Description STANDARD PAINT SEAT TYPE ...maa,..mv•vambamur*Nirl, zr.v. • .": Code Description MEDIUM EARTH GRAY, HD VINYL 40/20/40 SPLIT BENCH SEAT, -Inc: center armrest, AS cupholder, storage and driver's side manual lumbar AXLE RATIO Code X81... Description LIMITED SLIP VV/4.88 AXLE RATIO ADDITIONAL EQUIPMENT .1 Code Description . POWER EQUIPMENT GROUP, -Inc: Deletes passenger side lock cylinder, upgraded door -trim .. panel, Accessory Delay, Advanced Security Pack, SecuriLock Passive Anti -Theft System (PATtVyi and Inclination/intrusion sensors, MyKey, owner controls feature, Power Locks, Remote Keyless 90L Entry, Trailer Tow Mirrors w/Powe.r Heated Glass, manual telescoping, heated convex spotter mirror and integrated clearance lamps/turn signals, Power Front Side Windows, 1-touch up/down; driver/passenger window • 1 . . • . 67B 86M 397 AMP ALTERNATOR DUAL 78 AH BATTERY '.'.14*.liamt.aag1441,4 *d-r: . •E; : https://nationaleutofleetgrep.comfOrderRequesusspPrint/125497wsrztrue&se=true&sedlyper;QuiCkQuate 271 of 696 1/23/2020 SeII, service, and deliver letter 52B . ' TRAILER BRAKE CONTROLLER, -inc: smart trailer tow connector, Verified to be compatible ' `": w/electronic actuated drum brakes only ... 68M GVWR: 19,500 LB PAYLOAD PLUS UPGRADE PACKAGE, -inc: upgraded frame, rear -axle and... , low deflection/high capacity springs, Increases max RGAWR to 14, 706, Note: See Order Guide Supplemental Reference for further details on GVWR L6, 76C EXTERIOR. BACKUP ALARM (PRE -INSTALLED), -inc:. Custom accessory _.. OPTION PACKAGE .:���.`='�;�.°,a �.. Code 660A Description . ..'; ORDER CODE 660A • 'Mp fC% https://natlenalautoiieetgroup.comlorderRequest/SSDPrint/125497ws-true&se=irue&ssdType»t uickQuote 6/1i 272 of 696 1/23/2020 Sell, service, end deliver letter 2020 Fleet/Non-Retell Ford Super Duty F-55O DRW XL 2WD Red,; Cab 169`° WB 84" CA WIND O W STICKER 2020 Ford Super Duty F-650 DRW XL 2WD R©g Cab 169" WB .B4" CA CODE MODEL F5G 2020 Ford Super Duty F-550 DRW XL 2WD Reg Cab 109" WB 84" CA OPTIONS 99N ENGINE: 7.3L.2V DEVCT NA PFI VB GAS, (STD) 44G AS X8L 9oL 6713 86M 5213 TRANSMISSION: TORQSHIFT 10-SPEED AUTOMATIC, -Inc: selectable drive modes: normal, tow/halal, eoo and deep sand/snow (STD) TIRES: 225/70RX19.5G BSW ANP, -Inc: Optional spare is 225/70Rx19.5G BSW A/P (STD) OXFORD WHITE STANDARD PAINT MEDIUM. EARTH GRAY, HD VINYL.40/20/A0 SPLIT BENCH SEAT, Inc: center armrest, cupholder, storage and driver's side manual lumbar LIMITED SLIP W/4.68 AXLE RATIO POWER EQUIPMENT GROUP, -Inc: Deletes passenger side look cylinder, upgraded door -trim panel, Accessory Delay, Advanced Security Pack, SecuriLock Passive Anti -Theft System. (PATS) and inclination/intrusion sensors, MyKey, owner controls feature, Power Locks, Remote Keyless Entry, Trailer Tow Mirrors w/Power Heated Glass, manual telescoping, heated convex spotter mirror and integrated clearance lamps/turn signals, Power .Front Side Windows, 1-touch up/down driver/passenger window 397 AMP ALTERNATOR DUAL 78 All BATTERY TRAILER BRAKE CONTROLLER, =Inc: smart :trailertow connector, Verified to be compatible w/electronic actuated drum brakes only MSFFry .l• $.40,:64000 68M GVWR: 19;.60.0 LB PAYLOAD PLUS UPGRADE PACKAGE, -inc: upgraded frame, rear -axle and [ow $1,165PT deflection/high capacity springs, Increases max RGAWR to 14, 706, Note: See Order Guide Supplemental Reference for further details. en GVWR E 0 0 a. 76C EXTERIOR BACKUP ALARM (PRE -INSTALLED), -Inc:: Custom accessory y$14Q;t= : 660A ORDER CODE 660A Please note selected options override standard equipment blips;/inatlonalau tor] eetg roupcorn/0rderRequest/SSD Print/12549?ws=true&se»true&ssdType=QulckQuota 273 of 696 Sell, service, and deliver letter .• •SUBTOTAL Advert! Adjustments Manufacturer Destination Charge TOTAL PRICE Est City: N/A MPG Est Highway: N/A MPG Est Highway Cruising Range: N(A mi $43,7o5,00 $o.o0' ` .-1 $1, 9 00 ;ny performance -related calculations are offered solely as guidelines, Actual unit performance will depend on ya.ur .operatfng condi"orc t; https://nation al sutolleetg ro up,corNQ rde rRe gtrest/SS Q Pri nt/126497ws-true&s e-true&ssdType=Qtri ckQu ote 274 of 696 Sell, service, and dellvar letter ;'; Starndard° Equipment ��yg [Yy- `p� ��ty F MECHANICAL Engine: 7.3L, 2V DEVCT NA PH V8 Gas Transmission: TorqShift 10-Speed Automatic -inc:. selectabledrive modes: normal, tow/haul, eco and deep sand/snow 4.88 Axle Ratio GVW.R: 18,000 Ibs Payload Package 50-State. Emissions System Transmission w/Oil. Cooler Rear -Wheel Drive tV8-Amp/Hr 750CCA Maintenance -Free Battery w/Run Down Protection .HD 240 Amp Alternator Towing Equipment -inc: Trailer Sway Control Trailer Wiring Harness 11290# Maximum Payload HD Shock Ab.sorb:ers. Front And Rear Anti -Roll Bars Firm Suspension Hydraulic Power -Assist Steering 40 Gal, Fuel Tank Single Stainless Steel Exhaust ...s..�:.A :;SJr. Dual .Rear Wheels Front Suspension w/Coil Springs eaf Rear Suspension w/Leaf Springs 4-Wheel Disc Brakes w/4-Wheel ABS, Front And Rear Vented Discs and Brake Assist U pfitter Switches ,; EXTERIOR • Wheels: 19,5" Argent Painted Steel Tires: 225/70Rx19,5G BSW A/P -Inc: Optional spare is 225170Rx19.5G BSW A/P Clearcoat Paint Black Front Bumper w/Black Rub Strip/Fascia Accent and 2.Tow Hooks .0 Black: Fender Flares Black Side Windows Trim and Black Front Windshield Trim. Black Door Handles Black Manual Side Mirrors w/Manual Folding Manual Extendable Trailer Style Mirrors Fixed Rear Window hops://nalionalautalleetgroup.com/UrderRequesUaSOPrint/125457ws=true&sa=true&sadType-t ulckQuote Day -Night Rearview Mirror Passenger Visor Vanity Mirror 2 12V DC Power Outlets Front Map Lights Fade -To -Off interior Lighting Full Vinyl/Rubber Floor Covering Underhood Lights Smart Device Remote Engine Start Instrument Panel Covered Bin and Dashboard Storage Manual lst Row Windows 1/23/2020 fight Tinted Glass Variable Intermittent. Wipers Aluminum Panels Front Splash Guards Black Grille. Front License Plate Bracket Sell, service, and deliver letter Autolamp Fully Automatic Aero-Composite Halogen Daytime Running. Lights Preference Setting 'Headlamps w/Delay-Off Cab Clearance Lights ENTERTAINMENT . 3k �... adio: AM/FM Stereo w/MP3 Player -inc: 4 speakers Radio w/Seek-Scan Fixed Antenna SYNC Communications & Entertainment System -Inc: enhanced voice recognition, 911 Assist, 4.2n LCD •center stack screen, AppLink, 1 smart -charging USB-C port and steering wheel audio: controls. r INTERIOR 4-Way Driver Seat-inc: Manual Recline and Fore/Aft Movement :4-Way Passenger Seat -inc: Manual Recline and Fore/Aft Movement Manual Tilt/Telescoping Steering Column • • Gauges -inc: 'Speedometer, Odometer, Oil Pressure, Engine Coolant Temp, Tachometer, Transmission Temp, Engine: Hour Meter, Trip Odometer and Trip Computer FordPass Connect 4G LTE WiF.i Mobile Hotspot Internet Access Manual Air Conditioning Illuminated Locking Glove Box Interior Trim -Inc: Chrome Interior Accents Full Cloth Headliner Urethane Gear Shift Knob - u HD Vinyl 40/20/40 Split Bench Seat -inc: center armrest, cupholder, storage and driver's side manuai..!,umbm..; L/t https;//natlonatautoileetgroup:cem/©rderRequest/SSDPrintl1254.9?ws true&so=true&ssdType=QuickCluate • wirk ,to ,vamarmesmoarams=oreft 276 of 696 1/2312020 Systems Monitor Trip Computer Sell, service, and deliver letter .t`utside Temp .Gauge Analog Displ.ay Manual Adjustable Front Head Restraints • Air Filtration SAFETY Driveline Traction .Control Side Impact Beams 1.001 Stage Driver And..Passenger Seat -Mounted Side Airbags. ., .,;dual Ste e Driver And Passenger Front Airbags w/Passenger Off Switch afety Canopy System Curtain 1st Row Airbags Outboard Front Lap And Shoulder Safety Bolts wine Height Adjusters erFJ hltp.s:llnationalautoileetgioup:coin/OrderRequest/SS0PrinU1254.9?ws=true4e=true&ssdType=QUietc cote 277 of 696 FORM CONTRACT ACCEPTANCE AND AWARD {Top portfan pt thli,JOrm v E ; o mple .00 by/ NJP•A If Me yer1clQr is pw trd"eef ct conirra the vendQr•shoujd' cornplpto the urendor authatized:slpnraiures c port.af the:RIV.response,4. NJPA Canto()) ¢f l 1207d 641Ar PrQpepe4•fultle90 ncrrne; 2 Hoor LI:C, dbo tkt'affoncrt Auto 160 Croup Based on 04FA} ' of yourpropos ll y'otr'have•boon.avictfded•avaletrgot, Al an awarded venclox,Natq' aoroo tP.,pr o4d0 th0i3Orrzdrsc)Ond.tA+ervi404'ootl'ttiKed In,y'aur prapOIJgI aud"lo *loot all orti a terms and aoridtflona•sbOort11 Irr {l,,Ns or, rrr any amei diner s° to 161s An!, and,:tn atty"c!xkzeptfonslhoitare «raaept. +d thy.14414 i }5. The erleoliYe lcte.oT'.Ih0 rltrpQt wlli lie JpralD.ry'};7., 2017 and wiif•exprre,cSnJernuary'17,. 2021 (n.a idler than the rater oPfour yecrs,rrcrrn Ihe'f)xiairdon state oF:the urrerrtly gwerciecY•QQntrack r fcur yecirs. fro.n tflcs.dote thclt'tlle NJPA Gkileffyr'.dc)rer neat artrcer ewers. the Contact}, Thla C blrout tna' tea exfepctecl for a -ilifh yetirat N,JPA'.$ discretion. N'JPA Authorized t ri ciNrst.s4 JererYlY Schwartz RIPA DIEM. rOP•00' ry'#•RAOIS Ir1AMti r'FJNli;D•DR WIPED) AND PI O' t1RE 1.SIgN6111Rl; Cho Coi.kVGIte WI A iE UTIVE DIReOt{7R/( Ci S,I r1Ar•U (NAME P RimEEa ;toR ; fPe)) AWardlid on Jr *wary 1,A, WPA Contract jr 120716-1\1AF Vendor Authorized Sigriature .The Vondc .hersby cc cgpts this c oniractciwor i;'i ludfng all dqcoptiacrexep•tlons cued arnendmonts. Vendor flame,. - • .C", ihOcrf,474.97 ;Peer Peer G/Pe, Authorize Slgnahary's•Tilte . 1764. ' T rr� fN/M PR1Nfr+DORTYPm.j R AUTI-toRIZED SlGNAFURE laodutecion )-1- w,20LY ht. A Corr trout 41• ? 2b 7 t 6 N AF ; .41 • 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 CITY TO PIGGYBACK ONTO SOURCEWELL (FORMERLY "NATIONAL JOINT POWERS ALLIANCE") CONTRACT #120716-NAF WITH NATIONAL AUTO FLEET GROUP FOR THE PURCHASE AND BUILD -OUT OF ONE (1) 2020 FORD SUPER DUTY F-550 DRW (F5G) 2WD TRUCK IN AN AMOUNT NOT TO EXCEED $60,143.29 WHEREAS, the current Dump Truck used by the Public Works Streets Division has exceeded its useful life and is scheduled to be replaced; and WHEREAS, staff desires to purchase a new 2020 Ford Super Duty F-550 DRW (F5G) 2WD Truck; and WHEREAS, the City of National City has an opportunity to piggyback onto the Sourcewell Contract #120716-NAF with National Auto Fleet Group to allow for the purchase of one (1) 2020 Ford Super Duty F-550 DRW (F5G) 2WD Truck; 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 Sourcewell Contract #120716-NAF with National Auto Fleet Group was competitively bid through a Request for Proposals (RFP) process, and that the State of California Department of General Services procurement procedures are in substantial compliance with those of National City; and WHEREAS, staff is requesting City Council to award the purchase of one (1) 2020 Ford Super Duty F-550 DRW (F5G) 2WD Truck to National Auto Fleet Group in an amount not to exceed $60,143.29, consistent with Section 2.60.260 of the National City Municipal Code regarding cooperative purchasing, by piggybacking onto the Sourcewell Contract #120716-NAF. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby affirms the Purchasing agent's determination that the Sourcewell Contract #062117-VRM with National Auto Fleet Group was competitively bid through a Request for Proposals (RFP) process, and that the State of California Department of General Services procurement procedures are in substantial compliance with those of National City. 279 of 696 Resolution No. 2020 — Page Two BE IT FURTHER RESOLVED that the City Council of the City of National City hereby waives the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City to piggyback onto Sourcewell (formerly "National Joint Powers Alliance") Contract #120716-NAF with National Auto Fleet Group for the purchase and build -out of one (1) 2020 Ford Super Duty F-550 DRW (F5G) 2WD Truck in an amount not to exceed $60,143.29. PASSED and ADOPTED this 17th day of March, 2020. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 280 of 696 CC/CDC-HA Agenda 3/17/2020 — Page 281 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City to piggyback onto Sourcewell (formerly "National Joint Powers Alliance") Contract #062117-VRM with RDO Equipment Co. for the purchase and build - out of one (1) 2020 Vermeer BC 1000XL Brush Chipper in an amount not to exceed $42,848.82. (Engineering/Public Works) Please scroll down to view the backup material. 281 of 696 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 17, 2020 AGENDA ITEM NO. ric Ilf_._t Resolution of the City Council of the City of National City, waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City to piggyback onto Sourcewell (formerly "National Joint Powers Alliance") Contract #062117-VRM with RDO Equipment Co. for the purchase and build -out of one (1) 2020 Vermeer BC 1000XL Brush Chipper in an amount not to exceed $42,848.82 PREPARED BY: tirza Gonzales, Executive Secretary PHONE: (619) 336-4318 EXPLANATION: See attached explanation. DEP_="R1 rviENT: Engineering/Public Works APPROVED BY: / , iy— APPROVED: !/ FINANCIAL STATFMFNT: ACCOUNT NO. 644-416-227-511-0000 (Equipment Replacement Reserve — ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: APPROVED: Parks): $42,848.82 FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt Resolution awarding the purchase and build -out of one (1) 2020 Vermeer BC 1000XL Brush Chipper for the Public Works Parks Division. BOARD / COMMISSION RECOMMENDATION: N/A. ATTACHMENTS: 1. Explanation 2. Quote 3. Sourcewell Contract #062117-VRM 4. Resolution 282 of 696 Explanation: The current Brush Chipper used by the Public Works Parks Division has exceeded its useful life and is scheduled to be replaced. Staff desires to purchase a new 2020 Vermeer BC 1000XL Brush Chipper. Consistent with Section 2.60.260 of the National City Municipal Code (NCMC) regarding cooperative purchasing, there is an opportunity to piggyback onto the Sourcewell Contract #062117MVRM with Sourcewell to allow for the purchase of one (1) 2020 Vermeer BC 1000XL Brush Chipper. NCMC Section 2.60.260 provides authority to the purchasing agent to join with other public jurisdictions to take advantage of cooperative purchasing opportunities, including but not limited to any federal, state or local agency pricing program or structure that is determined by the purchasing agent to allow a procurement that is in the best interests of the City. The purchasing agent may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined by the purchasing agent to be in substantial compliance with the City's procurement procedures, irrespective of the contracting limits of that jurisdiction or agency, even if the City had not initially joined with that public agency in the cooperative purchase. National City's Purchasing staff has confirmed that the Sourcewell Contract #062117- VRM with RDO Equipment Co. was competitively bid through a Request for Proposals (RFP) process, and that the State of California Department of General Services procurement procedures are in substantial compliance with those of National City. Therefore, staff requests that City Council authorize the Mayor to award the purchase of one (1) 2020 Vermeer BC 1000XL Brush Chipper to RDO Equipment Co. in an amount not to exceed $42,848.82, consistent with Section 2.60.260 of the National City Municipal Code regarding cooperative purchasing, by piggybacking onto the Sourcewell Contract #062117-VRM. The funding to purchase this vehicle was approved by City Council through adoption of the FY 2020 annual budget. j 283 of 696 eri Proposal for: CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY, CA, 919504397 SAN DIEGO Comments , r:,,..._.. SOURCEWELL GROUNDS MAINTENANCE CONTRACT #062117-VRM Investment Proposal (Quote) RDO Equipment Co, 10108 Riverford Road Lakeside CA, 92040 Phone: (619) 443-3758 - Fax: (619) 443-3274 IEqu mgfralt f gi o Quantity 1Purc e Serial Number Stook Number TBD TE3D :IA.jjitl:Yi.•.I' r;y lf:ii; Flours Status / Year / Make / Model (approx.) Additional Items /\',,''ARM ` G Warning: Cancer and Reproductive Harm. For more Inrorfl1Anon.$o tot ww.w P55Warnings.ca.gov Investment Proposal Date: Pricing Valid Until: Deal Number: Customer Accouni#f: Account Manager, Phone: Fax: Email: 0 Now 2020 VERMEER BC1000XL 1/29/2020 2/28/2020 1281319 4380005 Gabe Jarvis (909) 428-4800 (909) 428-4900 gjarvis(a7rdoequipmont.corn BC1000XL31VP BC1000XL 74HP DOM. VALUE PACK- TIER 4 FINAL DEUTZ Freight in SOURCEWELL FREIGHT & PREP Other GARB REGISTRATION FEE Other DMV REGISTRATION FEE .Cash.Pdce : $1,755.00 $1,295,00. $65.00 Item Subtotal: $39,398.00 Equipment Subtotal: $39,398,00 Balance: $39,398.00 Tax Rate 3: (CANC 8,75%) $3,447.33 Sales TaxTofal: $3,447.32 CA Tire Fee: $3.50 Sub Total: $42,848.82 Cash with Order: $0.00 Balance Due: $42,84&:82 D1281319 Page 1 of 1 284 of 696 FORM E CONTRACT ACCEPTANCE AND AWARD ttatldiiy Joint i'OivM eiilia ct. (Top porflon of this form will be completed by NJPA If the vendor Is awarded a contract, The vendor should complete the vendor authorized signatures as part of the RFP response.j NJPA Contract ff: 062117-VRM Proposer's full legal name: Vermeer Corporation Based on. NJPA's evaluation of your proposal, you have been awarded a contract. As an awarded vendor, you agree to provide the products and services contained in your proposal and to meet all of the terms and conditions settorth In this REP, in any amendments to thls REP, and in any exceptions that are accepted by WA. The effective date of the Contract will ho August 18, 2017 and will expire on August 18, 2021 (no later than the later of four years from the expiration date of the currently awarded contract or four years from the date that the NJPA Chief Procurement Officer awards the Confractj. This Contract may be extended for a fifth year al I\1JPA's discretion. NJPA Authorized Signatures: N.1PAREC4'OR OF COOPF,r2A11VE CONTRACTS AND PROCUREMENT".. SIGNA � NJPA r XPC.IJTIVE DIRECTOR/CEO SIGNATURE Awarded on August 17, 2017 Vendor Authorized Signatures: Jeremy Schwartz {NArvit. PRINTED) OR IYi E01 Chad Caauette (NAME PRINTED OR TYPED) NJPA Contract # 062117-VRM The Vendor hereby accepts this Contract award, Including all accepted exceptions and amendments. V Vendor Name e r vvl (L. 'lr C Authorized Signatory's Tithe b bccn (AA- c.'A c co t.n 1h Mat V1 C..11 a A ` c k45 e-.j (NAME PRINTED OR TYPED) NJPA Contract # 062117-VRM VENDOR AUrkOR@Li:l) SIGNATURE Executed on qi ,20i"Z 285 of 696 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 CITY TO PIGGYBACK ONTO SOURCEWELL (FORMERLY "NATIONAL JOINT POWERS ALLIANCE") CONTRACT #062117-VRM WITH RDO EQUIPMENT CO. FOR THE PURCHASE AND BUILD -OUT OF ONE (1) 2020 VERMEER BC 1000XL BRUSH CHIPPER IN AN AMOUNT NOT TO EXCEED $42,848.82 WHEREAS, the current Brush Chipper used by the Public Works Parks Division has exceeded its useful life and is scheduled to be replaced; and WHEREAS, staff desires to purchase a new 2020 Vermeer BC 1000XL Brush Chipper; and WHEREAS, the City of National City has an opportunity to piggyback onto the Sourcewell Contract #062117-VRM with Sourcewell to allow for the purchase of one (1) 2020 Vermeer BC 1000XL Brush Chipper; 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 Sourcewell Contract #062117-VRM with RDO Equipment Co. was competitively bid through a Request for Proposals (RFP) process, and that the State of California Department of General Services procurement procedures are in substantial compliance with those of National City; and WHEREAS, staff is requesting City Council to award the purchase of one (1) 2020 Vermeer RTX130 Trencher with Trailer to RDO Equipment Co. in an amount not to exceed $14,117.92, consistent with Section 2.60.260 of the National City Municipal Code regarding cooperative purchasing, by piggybacking onto the Sourcewell Contract #062117-VRM. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby affirms the Purchasing agent's determination that the Sourcewell Contract #062117-VRM with National Auto Fleet Group was competitively bid through a Request for Proposals (RFP) process, and that the State of California Department of General Services procurement procedures are in substantial compliance with those of National City. 286 of 696 Resolution No. 2020 — Page Two BE IT FURTHER RESOLVED that the City Council of the City of National City hereby waives the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City to piggyback onto Sourcewell (formerly "National Joint Powers Alliance") Contract #062117-VRM with RDO Equipment Co. for the purchase and build -out of one (1) 2020 Vermeer BC 1000XL Brush Chipper in an amount not to exceed $42,848.82. PASSED and ADOPTED this 17th day of March, 2020. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 287 of 696 CC/CDC-HA Agenda 3/17/2020 — Page 288 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 a blue curb disabled persons parking space with sign in front of the residence located at 205 E. 1st Street (TSC No. 2020-01). (Engineering/Public Works) Please scroll down to view the backup material. 288 of 696 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 17, 2020 AGENDA ITEM NO. ITEM TITLE: 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 205 E. 1st Street (TSC No. 2020-01). PREPARED BY: Carla Hutchinson, Assistant Engineer - Civil C .� DEPARTMENT: Engineering/Public Works PHONE: 619-336-4388 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 Resolution authorizing installation of a blue curb disabled persons parking space with sign in front of the residence located at 205 E. 1st Street. BOARD / COMMISSION RECOMMENDATION: At their meeting on February 12, 2020, the Traffic Safety Committee approved staffs recommendation to install a blue curb disabled persons parking space with sign in front of the residence located at 205 E. 1st Street. ATTACHMENTS: 1. Explanation w/ Exhibit 2. Staff Report to the Traffic Safety Committee on February 12, 2020 (TSC No. 2020-01) 3. Resolution 289 of 6961 EXPLANATION Mr. Cayetano Valdivia, resident of 205 E. 1st Street, has requested a blue curb disabled persons parking space in front of his residence. The resident possesses a valid disabled persons placard from the California Department of Motor Vehicles. Mr. Valdivia's daughter, Mrs. Irene Valdivia stated that it is difficult for her father to find parking in front of the residence due to the high demand of parking in the area and that a disabled persons parking space in front of the residence would provide easier access to the house for her father. Staff visited the site and observed that Mr. Valdivia's residence has a driveway and garage. With his permission and supervision, staff measured the driveway and the garage. The driveway is 14 feet long by 10 feet wide with a slope of approximately 3%. In order to accommodate a vehicle with a disabled driver or passenger, the slope must be 2% or less. The garage is 18 feet long by 8 feet wide with a negligible slope. The minimum dimensions for a garage or driveway to accommodate a vehicle with a disabled driver or passenger is 20 feet long by 12 feet wide. These two conditions are not met since the dimensions of the garage and driveway, and slope of driveway do not meet the minimum parking requirements for disabled persons. The City Council has adopted a policy which is used to evaluate requests for disabled persons parking spaces. The City Council Disabled Persons Parking Policy requirements for "Special Hardship" cases are as follows: 1. Applicant (or guardian) must be in possession of valid license plates or placard for "disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front (or side if on a corner lot) of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off-street space available that may be converted into disabled parking. This condition is met. This item was presented to the Traffic Safety Committee on February 12, 2020. Mr. Cayetano's daughter was in attendance to speak in support of the blue curb disabled persons parking space. Staff presented the results of the site evaluation and after discussion, the Traffic Safety Committee voted to approve staff's recommendation to install a blue curb disabled persons parking space with sign, since all three conditions of the City Council Disabled Persons Parking Policy for "Special Hardship" cases are met. The applicant was informed that handicap parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates or placards may park in handicap spaces. If approved by City Council, all work will be performed by City Public Works 290 of 696 Location Map with Recommended Enhancements (TSC Item: 2020-01) 291 of 696 ITEM TITLE: 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR FEBRUARY 12, 2020 REQUEST FOR INSTALLATION OF A BLUE CURB DISABLED PERSONS PARKING SPACE WITH SIGNAGE IN FRONT OF THE RESIDENCE AT 205 E. 1ST STREET PREPARED BY: Carla Hutchinson, Assistant Engineer — Civil Engineering & Public Works Department DISCUSSION: Mr. Cayetano Valdivia, resident of 205 E. 1st Street, has requested a blue curb disabled persons parking space in front of his residence. The resident possesses a valid disabled persons placard from the California Department of Motor Vehicles. Mr. Valdivia's daughter, Mrs. Irene Valdivia stated that it is difficult for her father to find parking in front of the residence due to the high demand of parking in the area and that a disabled persons parking space in front of the residence would provide easier access to the house for her father. Staff visited the site and observed that Mr. Valdivia's residence has a driveway and garage. With his permission and supervision, staff measured the driveway and the garage. The driveway is 14 feet long by 10 feet wide with a slope of approximately 3%. In order to accommodate a vehicle with a disabled driver or passenger, the slope must be 2% or less. The garage is 18 feet long by 8 feet wide with a negligible slope. The minimum dimensions for a garage or driveway to accommodate a vehicle with a disabled driver or passenger is 20 feet long by 12 feet wide. These two conditions are not met since the dimensions of the garage and driveway, and slope of driveway do not meet the minimum parking requirements for disabled persons. The City Council has adopted a policy which is used to evaluate requests for disabled persons parking spaces. The City Council Disabled Persons Parking Policy requirements for "Special Hardship" cases are as follows: 1. Applicant (or guardian) must be in possession of valid license plates or placard for "disabled persons" or "disabled veterans". This condition is met. The proposed disabled parking space must be in front (or side if on a corner lot) of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off-street space available that may be converted into disabled parking. This condition is met. It shall be noted that disabled persons parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates or placards may park in handicap spaces. 292 of 696 STAFF RECOMMENDATION: Since all three conditions of the City Council Disabled Persons Parking Policy for "Special Hardship" cases are met, staff recommends the installation of a blue curb disabled persons parking space with signage in front of the residence at 205 E. 1 st Street. EXHIBITS: 1. Public Request Form 2. Public Notice 3. Location Map 4. Photos 5. City Council Disabled Persons Parking Policy 2020-01 293 of 696 -0— CALIFORNIA —+ ATIONAL . L Calf ZNCORPORATRD Request for Blue Curb Disabled Persons Parking Space Name of Applicant: CAVOTA r-1D 305E VA LD Iv I A Name of Disabled Person (if different from above): a `%I-i t ' -ft) ZJbS E V/-r--D iF4 Address: :05_ 61", 1ATi Iy,-iA Lr G i-c y q I q 5-0 Email: Phone Number: Please answer the following questions, which will assist Engineering Department Staff, the Traffic Safety Committee, and your City Council in determining If you are qualified to have a blue curb disabled persons parking space placed in front of your residence Please be informed that all blue curb parking spaces are consideredpliblic parking. Therefore, any registered vehicle in possession of a disabled persons placard or license plate is legally allowed to park in the blue curb space for up to 72 continuous hours. 1. Do you possess a valid disabled person's placard issued by the California Department of Motor ehicles (DMV)? YES L NO If YES, please include a copy of the placard, which contains name, address, placard number, and expiration date along with this request form. 2. Does your residence have a garage? (L YES . NO If answered YES, is the garage large enough to park a vehicle (minimum of 20' x 12')? jyl YESI I I NO 3. Does your residence have a driveway? CA. X YES [ NO If answered YES, please refer to the following questions: a. Is the driveway large enough to park a vehicle (minimum of 20' x 12')? YES r! NO �.u`+ b. th the driveway level? Li YES NO (•'s�i a c. Is the driveway sloped/inclined? �, YES Li NO Please write any additional comments here. we. 11 fe- n e x+ -1-c, 4u.E o S e'Dc kr-i ent'S. "K- -t-t ✓1A 3 a !jays -FaKe ovr troy\- ` ? -1 rI e at5r, have. ne.:I�� 1� �51''1 bar-,5 i f1 �'� G. �JO•.G;�- 1 ��.o( 7 as r -rha* �a]'ac t DUr e, Qr {-t x iu r Tckriti",pb1-35 or e s fete -- u-f- h o o 5 e. . Form Modified 3/8/2017 294 of 696 1 :"74w4lintragSz Imo. JOSE 205 E 1ST ST NATIONAL art CA 91950 CO: 37 .17 ••• • ,06.1,* =MIMI- 06410/2021 PERSON PLACARD*** PIC: TRE _ DHOW • 04P. .NOTOR; ,VErel THIS IDENTIFIC CON .CARO OR FACE 0 ENTIT TO ANYagg SY• 'wW/S.11 L OF ANY tx jPs. WXiW 211.1;',ghlk MIRROR. REiZ 4 • PLACARD# EXPIRES: 0,6/30/2021 DOB; ISSUED 3 TYPE: PLACARD.H • A0404W STATI L. RE IRE% EAVTIONC AT OLF-SER -OE Awn, EXCEPT SELPZS vow TOUR. 3ACARD IS PROPERLY *DISABLED 110T PAIIXING SPA PAYING *GR . ZONES WITHOUT PREFERENTIAVPARXING PRIVI YOU MAY NOT iARIX *SPACES !4WD BY CROSSHAT .? • IT IS. CONSIDERED NIS.U8s:' *tit IS BEING TRANSPORTED .*TO DIP mom * LOAN YOUR PLACARD T MISUSE IS 'A 'InSDENEANOR . (SECTION •474 REVOCATION OP: THE pracm, LOSS OF DATE ISSUED; '- g< • NO/Y4: DT ms RECyPjr. • • MIT DUE 4 'NONE RECVD CASH cpinFt. i ,14 S PLACARD' Inimancivitian CARD , • •-• - COPY .10 TO Bp cAplapb* BY THE PLACARD R UPON ,DENAND-,,INEEDIATELY NOTIPt.13FIV -;•• RAW. IlktiltrAMCIRGE.M.031301 PLACARD 'WEN DRIVING.' •' 'DER; VALDIVIA CAYETANO' gpsp- • '205 E 1,ST" ST . iwilompat pry c2k- :115o • EN'S ; • . 1,.;.(10.10.:OrgLi4Pg-P-31,1i7Un ii:OrtRAO STREET METER IME LIMIS. *8 TSXDENTS ANI) ASNXR • ONES WITHOUT T.:wiasRg B__c Aura, NES *WHITE ()FELLOW ZONES LON ED PEPSIiimING SPACES. le ' 'MESS Iiii:g. DISABLED OWNER ICH HAS )SEEN tALICELLED OR INCLUDING PANIIN; 'TA gRs. '; ITC) AND CAN RESULT' IN cANCELLATTON Q taxa PRIVILEGES. AND/oR EWES. .. • • . . 295 of 696 l'A....., . 4 . February 5, 2020 Resident/Property Owner - CALIFORNIA NAT`T.0 .L, C ?jy 3'1 tNOORPORATt% Subject: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2020-01 REQUEST FOR INSTALLATION OF A BLUE CURB DISABLED PERSONS PARKING SPACE WITH SIGNAGE IN FRONT OF THE RESIDENCE LOCATED AT 205 E. 1ST STREET Dear Sir/Madame: The City of National City would like to invite you to our next public Traffic Safety Committee Meeting scheduled for Wednesday, February 12, 2020, 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 compliance. 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 2020-01. Sincerely, Stephen Manganiello City Engineer SM:ch Enclosure: Location Map 2020-01 1234 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 336-4397 engineering@nationalcityca.gov 296 of 696 Location Map with Recommended Enhancements (TSC Item: 2020-01) 205 E. 1ST Street mom PARKING ONLY R991CA1 3 Jt Proposed blue curb . I disabled persons ern parking space street rr- 297 of 696 Existing 15' of red curb due to fire hydrant Location of proposed blue curb disabled persons parking space in front of 205 E. 1" Street (looking east) Existing 15' of red curb due to fire hydrant Location of proposed blue curb disabled persons parking space in front of 205 E. 15t Street (looking north) 298 of 696 driveway is approximately 3%. Existing driveway and garage for 205 E. 1st Street (looking east) 299 of 696 DISABLED PERSONS PARKING POLICY The purpose of a disabled persons parking zone is to provide designated parking spaces at major points of assembly for the exclusive use of physically disabled persons whose vehicle displays a distinguishing license plate as authorized by the California Department of Motor Vehicles. The City Council may upon recommendation of the City Engineer, designate specially marked and posted on -street parking spaces for disabled persons pursuant to California Vehicle Code 21101, et seq. at the following facilities: 1. Government buildings serving the public such as administration buildings, public employment offices, public libraries, police stations, etc. 2. Hospitals and convalescent homes with more than 75-bed capacity. 3. Medical facilities and doctors' offices staffed by a maximum of five practitioners. Zones shall be located to serve a maximum number of facilities on one block. 4. Community service facilities such as senior citizens service centers, etc. 5. Accredited vocational training and educational facilities where no off- street parking is provided for disabled persons. 6. Employment offices for major enterprises employing more than 200 persons. 7. Public recreational facilities including municipal swimming pools, recreation halls, museums, etc. Public theaters, auditoriums, meeting halls, arenas, stadiums with more than 300 seating capacity. 9. Other places of assembly such as schools and churches. 10. Commercial and/or office building(s) with an aggregate of more than 50,000 square feet of usable floor space. Zone shall be located to serve a maximum number of facilities on one block. 11. Hotels catering to daily guests, maintaining a ground floor lobby and a switchboard that is operated 24 hours per day. 300 of 696 12. A hotel or apartment house catering to weekly or monthly guests and containing more than 30 separate living units. In addition, disabled persons parking spaces may be provided within all publicly owned, leased or controlled off-street parking facilities as specified in the General Requirements. General Requirements Each disabled persons parking space shall be indicated by blue paint and a sign (white on blue) showing the international symbol of accessibility (a profile view of a wheelchair with occupant). Where installed under the above criteria the total number of disabled persons curb parking spaces will be limited to 3% of the total number of on -street parking spaces available in the area and shall be distributed uniformly within the area. Disabled persons parking will not be installed at locations with a full-time parking prohibition. When a disabled persons parking zone is installed where a part-time parking prohibition is in effect, the disabled persons parking zone will have the same time restrictions as the part-time parking prohibition. The cost of installing disabled persons parking will be assumed by the City on public streets and public off-street parking facilities. In establishing on -street parking facilities for the disabled there shall be a reasonable determination made that the need is of an on -going nature. The intent is to prevent the proliferation of special parking stalls that may be installed for a short-term purpose but later are seldom used. Unjustified installation of such parking stalls unnecessarily increases the City's maintenance and operations costs, reduce available on - street parking for the general public, and detract from the overall effectiveness of the disabled persons parking program. Special 'Hardship Cases It is not the intention of the City to provide personal reserved parking on the public right-jof-way, especially in residential areas. However, exceptions may be made, in special hardship cases, provided all of the following conditions exists: (1) Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans." (2) The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. 301 of 696 Subject residence must not have useable off-street parking available or off-street space available that may be converted into disabled parking. NOTE:It must be emphasized that such parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates may park in the above stalls. (3) Jha:p 302 of 696 RESOLUTION NO. 2020 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF A BLUE CURB DISABLED PERSONS PARKING SPACE WITH A SIGN IN FRONT OF THE RESIDENCE LOCATED AT 205 EAST 1ST STREET (TSC NO. 2020-01) WHEREAS, Mr. Cayetano Valdivia, resident of 205 East 1st Street possess a valid Disabled Person Placard from the State of California Department of Motor Vehicles and has requested a blue curb disabled persons parking space in front of the residence for easier access because it is difficult to find parking near the residence due to the high demand for parking in the area; and WHEREAS, after conducting an inspection and review, staff determined that the property qualifies for a blue curb disabled persons parking space; and WHEREAS, on February 12, 2020, the Traffic Safety Committee determined that all conditions have been met for the property to qualify for a blue curb handicap parking space and voted unanimously to approve the installation of a blue curb disabled persons parking space with signage in front of the residence at 205 East 1st Street. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the installation of a blue curb disabled persons parking space with signage in front of the residence at 205 East 1st Street. PASSED and ADOPTED this 17th day of March, 2020. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 303 of 696 CC/CDC-HA Agenda 3/17/2020 — Page 304 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the installation of a blue curb disabled persons parking space with sign in front of the residence located at 116 W. 14th Street (TSC No. 2020-02). (Engineering/Public Works) Please scroll down to view the backup material. 304 of 696 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 17, 2020 AGENDA ITEM NO. ITEM TITLE: 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 116 W. 14th Street (TSC No. 2020-02). PREPARED BY: Carla Hutchinson, Assistant Engineer- Civil C.\, DEPARTMENT: Engineering/Public Works PHONE: 619-336-4388 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 Resolution authorizing installation of a blue curb disabled persons parking space with sign in front of the residence located at 116 W. 14th Street. BOARD / COMMISSION RECOMMENDATION: At their meeting on February 12, 2020, the Traffic Safety Committee approved staff's recommendation to install a blue curb disabled persons parking space with sign in front of the residence located at 116 W. 14th Street. ATTACHMENTS: 1. Explanation w/ Exhibit 2. Staff Report to the Traffic Safety Committee on February 12, 2020 (TSC No. 2020-02) 3. Resolution 305 of 696 1 EXPLANATION Mrs. Lourdes Valle, resident of 116 W. 14th Street, has requested a blue curb disabled persons parking space in front of her residence. The resident possesses a valid disabled persons placard from the California Department of Motor Vehicles. Mrs. Valle stated that it is difficult for her to find parking in front of her property due to the high demand of parking in the area and that a disabled persons parking space in front of her house would provide easier access to her residence. Staff visited the site and observed that Mrs. Valle's residence has a driveway with no garage. With her permission and supervision, staff measured the driveway. The driveway is 20 feet long by 8 feet wide with a negligible slope. The minimum dimension for a garage or driveway to accommodate a vehicle with a disabled driver or passenger is 20 feet long by 12 feet wide. This condition is not met since the dimensions of the driveway do not meet the minimum parking requirements for disabled persons. The City Council has adopted a policy which is used to evaluate requests for disabled persons parking spaces. The City Council Disabled Persons Parking Policy requirements for "Special Hardship" cases are as follows; 1. Applicant (or guardian) must be in possession of valid license plates or placard for "disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front (or side if on a corner lot) of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off-street space available that may be converted into disabled parking. This condition is met. This item was presented to the Traffic Safety Committee on February 12, 2020. Mrs. Valle was in attendance to speak in support of the blue curb disabled persons parking space. Staff presented the results of the site evaluation and after discussion, the Traffic Safety Committee voted to approve staff's recommendation to install a blue curb disabled persons parking space with sign, since all three conditions of the City Council Disabled Persons Parking Policy for "Special Hardship" cases are met. The applicant was informed that handicap parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates or placards may park in handicap spaces. If approved by City Council, all work will be performed by City Public Works 306 of 696 Location Map with Recommended Enhancements (TSC Item: 2020-02) 114MVIIIrt, W. 14TH Streg • Erits PARKING ONLY R99 (CA) Proposed blue curb disabled persons parking space PARKING ONLY R99(CA) Existing blue curb disabled persons parking space at 1435 Hoover Avenue W. 15TH Street *Mg KO KelP(*V@ J C- ■ 1 JIMi ..,..� 61 116 W. 14th Street - 0 0 LA (D Pf' 1 307 of 696 ITEM TITLE: 2 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR FEBRUARY 12, 2020 REQUEST FOR INSTALLATION OF A BLUE CURB DISABLED PERSONS PARKING SPACE WITH SIGNAGE IN FRONT OF THE RESIDENCE AT 116 W. 14TH STREET PREPARED BY: Carla Hutchinson, Assistant Engineer-- Civil Engineering & Public Works Department DISCUSSION: Mrs. Lourdes Valle, resident of 116 W. 14th Street, has requested a blue curb disabled persons parking space in front of her residence. The resident possesses a valid disabled persons placard from the California Department of Motor Vehicles. Mrs. Valle stated that it is difficult for her to find parking in front of her property due to the high demand of parking in the area and that a disabled persons parking space in front of her house would provide easier access to her residence. Staff visited the site and observed that Mrs. Valle's residence has a driveway with no garage. With her permission and supervision, staff measured the driveway. The driveway is 20 feet long by 8 feet wide with a negligible slope. The minimum dimension for a garage or driveway to accommodate a vehicle with a disabled driver or passenger is 20 feet long by 12 feet wide. This condition is not met since the dimensions of the driveway do not meet the minimum parking requirements for disabled persons. The City Council has adopted a policy which is used to evaluate requests for disabled persons parking spaces. The City Council Disabled Persons Parking Policy requirements for "Special Hardship" cases are as follows: 1. Applicant (or guardian) must be in possession of valid license plates or placard for "disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front (or side if on a corner lot) of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off-street space available that may be converted into disabled parking. This condition is met. It shall be noted that disabled persons parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates or placards may park in handicap spaces. 308 of 696 STAFF RECOMMENDATION: Since all three conditions of the City Council Disabled Persons Parking Policy for "Special Hardship" cases are met, staff recommends the installation of a blue curb disabled persons parking space with signage in front of the residence at 116 W. 14th Street. EXHIBITS: 1. Public Request Form 2. Public Notice 3. Location Map 4. Photos 5. City Council Disabled Persons Parking Policy 2020-02 309 of 696 REQUEST FOR BLUE CURB DISABLED PERSONS PARKING SPACE NAME OF DISABLED PERSON: NAME OF REPRESENTATIVE FOR DISABLED PERSON (if different from above): ADDRESS: /f (; Li./ EMAIL: PHONE NUMBER: Please answer the following questions, which will assist Engineering staff, the Traffic Safety Committee, and your City Council in determining if you are qualified to have a blue curb disabler? Persons parking space placed in front of your residence. Please be informed that all blue curb parking spaces are considered public parking. Therefore, any registered vehicle in possession of a disabled persons placard or ?incense plate is leg?liy allcveed to park in the blue curb space for up to 72 continuous hours. I.) Do you possess a valid disabled person's placard issued by the California Department of IVictor Vehicles (DIVIV)? v i ES l�iC If YES, please include a copy of the placard, which contains your name, address, placard number, end expiration date. 2) Does your residence have a garage? If YES, is the garage large enough to parka vehicle (minimum of 20' x ? 2') 1 YES NO YES ONO 3) Does you residence have a driveway? [ES If YES, a) Is the driveway large enough to parka vehicle? (minimum of 20' x 12') b) Is the driveway level? c) Is the driveway sloped/inciinecl? 4) Please write any additional comments here (optional). YES 1 F ` YES kiC NO NO NO NO 310 of 696 ) sr+r�s. •.a�at,,4i 0.,. ii_ Service ng°.'n`_. ***CUSTOMER RECEIPT COPY*** EXPIRES: 06/30/2021 *** D I S A B L E D PERSON P L A C A R D *** PLACARD NUMBER: VALLE LOURDES MAGDALENA 116 W 14TH ST NATIONAL CITY - CHCK . 91950 rf••72 CA , ,u, 2-M*44 ;"l - CRDT PIC: TV: DATE ISSUED: MO/YR: DT FEES RECVD: T DUE : NONE RECVD - CASH : DEPARTMENT OF MOTOR VEHICLES PLACARD IDENTIFICATION CARD THISIDENTIFICATIONCARD OR FACSIMILE COPY IS TO BE CARRIED BY THE PLACARD TATILOWURT.33a11B3ENT IT TO ANY PEACE OFFICER UPON DEMAND. IMMEDIATELY NOTIFY DMV I BY :-WAIL OF ANY CHANGE OF ADDRESS. WHEN PARKING, HANG THE PLACARD FRibgltrk§AR VIEW MIRROR. REMOVE IT WHEN DRIVING. .4 0 f?(:`r_. 4 -y rC; A E PLACARD#: PLACARD HOLDER: VALLE LOURDES MAGDALENA EXPIRES: 06/30/2021 116 W 14TH ST DOB: ISSUED: TYPE: N1 NATIONAL CITY CA 91950 PURCHASE OF FUEL (BUSINESS & PROFESSIONS CODE 13660): STATE LAW REQUIRES SERVICE STATIONS TO REFUEL A DISABLED PERSONS VEHICLE AT SELF-SERVICE RATES, EXCEPT SELF-S.ER<IICE FACILITIES WITH ONLY ONE CASHIER. WHEN YOUR PLACARD IS PROPERLYa'P;A.YED 'YOI7•, MAY PARK IN/ON: DISABLED PERSON PARKING SPACE. (BLUE 'ZOT>IESSTREET METERED ZONES WITHOUT PAYING *GREEN ZONES WITHOUT 'ESTRI_CTION --T-O TME LIMITS *STREET WHERE PREFERENTIAL PARKING PRIVILEGE -GZ -• TO RESIDENTS AND MERCHANTS. 11 YOU MAY NOT PARK IN/ON: *RE -ZON7S *'Ir W' ZONES *WHITE OR YELLOW ZONES *SPACES MARKED BY CROSSHATC '`.- LSJ:-TY;rr ?D:ISABLED PERSON PARKING SPACES . IT IS CONSIDERED MISUSE: *TO DLSPL Y s ALACARD UNLESS THE DISABLED OWNER IS BEING TRANSPORTED *TO DISPLA.YA' PT1C.A:RD'WHICH HAS BEEN CANCELLED OR REVOKED *TO LOAN YOUR PLACARD TO ONE, INCLUDING FAMILY MEMBERS. MISUSE IS A MISDEMEANOR (SECTION 4461VC) AND CAN RESULT IN CANCELLATIO' REVOCATION OF THE PLACARD. LOSS OF PARKING PRIVILEGES. AND/OR FINES. 1 311of696 February 5, 2020 Resident/Property Owner - CALIFORNIA -- NATIONAL CITY t - - rNCORP07tA'1k%D Subject: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2020-02 REQUEST FOR INSTALLATION OF A BLUE CURB DISABLED PERSONS PARKING SPACE WITH SIGNAGE IN FRONT OF THE RESIDENCE LOCATED AT 116 W. 14TH STREET Dear Sir/Madame: The City of National City would like to invite you to our next public Traffic Safety Committee Meeting scheduled for Wednesday, February 12, 2020, 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 compliance. 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 2020-02. Sincerely, 2. Stephen Manganiello City Engineer SM:ch Enclosure: Location Map 2020-02 1234 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 336-4397 engineering@nationalcityca.gov 312 of 696 Location Map with Recommended Enhancements (TSC Item: 2020-02) W. 14TH $t.r t C�. PARKING ONLY R99 (CA) ' Proposed blue curb disabled persons parking space PARKING ONLY R99 (CA) Existing blue curb disabled persons parking space at 1435 Hoover Avenue W. 15TH Street xsihi rE:III I:ez3 VAMP. •. 116 W. 14th Street f y 313 of 696 Location of proposed blue curb disabled persons parking space in front of 116 W. 14th Street (looking southwest) Location of proposed blue curb disabled persons parking space in front of 116 W. 14th Street (looking north) 314 of 696 DISABLED PERSONS PARKING POLICY The purpose of a disabled persons parking zone is to provide designated parking spaces at major points of assembly for the exclusive use of physically disabled persons whose vehicle displays a distinguishing license plate as authorized by the California Department of Motor Vehicles, The City Council may upon recommendation of the City Engineer, designate specially marked and posted on -street parking spaces for disabled persons pursuant to California Vehicle Code 21101, et seq. at the following facilities: 1. Government buildings serving the public such as administration buildings, public employment offices, public libraries, police stations, etc. 2. Hospitals and convalescent homes with more than 75-bed capacity. 3. Medical facilities and doctors' offices staffed by a maximum of five practitioners. Zones shall be located to serve a maximum number of facilities on one block. 4. Community service facilities such as senior citizens service centers, etc. 5. Accredited vocational training and educational facilities where no off- street parking is provided for disabled persons. Employment offices for major enterprises employing more. than 200 persons, 7. Public recreational facilities including municipal swimming pools, recreation halls, museums, etc. Public theaters, auditoriums, meeting halls, arenas, stadiums with more than 300 seating capacity. 9. Other places of assembly such as schools and churches, 10. Commercial and/or office building(s) with an aggregate of more than 50,000 square feet of usable floor space. Zone shall be located to serve a maximum number of facilities on one block. 11. Hotels catering to daily guests, maintaining a ground floor lobby and a switchboard that is operated 24 hours per day. 315 of 696 12. A hotel or apartment house catering to weekly or monthly guests and containing more than 30 separate living units. In addition, disabled persons parking spaces may be provided within all publicly owned, leased or controlled off-street parking facilities as specified in the General Requirements. General Requirements Each disabled persons parking space shall be indicated by blue paint and a sign (white on blue) showing the international symbol of accessibility (a profile view of a wheelchair with occupant). Where installed under the above criteria the total number of disabled persons curb parking spaces will be limited to 3% of the total number of on -street parking spaces available in the area and shall be distributed uniformly within the area. Disabled persons parking will not be installed at locations with a full-time parking prohibition. When a disabled persons parking zone is installed where a part-time parking prohibition is in effect, the disabled persons parking zone will have the same time restrictions as the part-time parking prohibition. The cost of installing disabled persons parking will be assumed by the City on public streets and public off-street parking facilities. In establishing on -street parking facilities for the disabled there shall be a reasonable determination made that the need is of an on -going nature. The intent is to prevent the proliferation of special parking stalls that may be installed for a short-term purpose but later are seldom used. Unjustified installation of such parking stalls unnecessarily increases the City's maintenance and operations costs, reduce available on - street parking for the general public, and detract from the overall effectiveness of the disabled persons parking program. Special Hardship Cases It is not the intention of the City to provide personal reserved parking on the public right-jof-way, especially in residential areas. However, exceptions may be made, in special hardship cases, provided all of the following conditions exists: (1) Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans." (2) The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. 316 of 696 (3) Subject residence must not have useable off-street parking available or off-street space available that may be converted into disabled parking. NOTE:It must be emphasized that such parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates may park in the above stalls. Jha: p 317 of 696 RESOLUTION NO. 2020 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF A BLUE CURB DISABLED PERSONS PARKING SPACE WITH A SIGN IN FRONT OF THE RESIDENCE LOCATED AT 116 WEST 14T" STREET (TSC NO. 2020-02) WHEREAS, Mrs. Lourdes Valle, resident of 116 West 14th Street possess a valid Disabled Person Placard from the State of California Department of Motor Vehicles and has requested a blue curb disabled persons parking space in front of the residence for easier access because it is difficult to find parking near the residence due to the high demand for parking in the area; and WHEREAS, after conducting an inspection and review, staff determined that the property qualifies for a blue curb disabled persons parking space; and WHEREAS, on February 12, 2020, the Traffic Safety Committee determined that all conditions have been met for the property to qualify for a blue curb handicap parking space and voted unanimously to approve the installation of a blue curb disabled persons parking space with signage in front of the residence at 116 West 14th Street. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the installation of a blue curb disabled persons parking space with signage in front of the residence at 116 West 14th Street. PASSED and ADOPTED this 17th day of March, 2020. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 318 of 696 CC/CDC-HA Agenda 3/17/2020 — Page 319 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 178 feet of "Passenger Loading Zone — 1-Minute Only" signage on the north side of E. 18th Street, west of "John Otis Elementary School" located at 621 E. 18th Street (TSC No. 2020-04). (Engineering/Public) Please scroll down to view the backup material. 319 of 696 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 17, 2020 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of 178 feet of "Passenger Loading Zone — 1-Minute Only" signage on the north side of E. 18th Street, west of "John Otis Elementary School" located at 621 E. 18th Street (TSC No. 2020-04) PREPARED BY: Luca Zappiello, Assistant Engineer - Civil PHONE: 619-336-4360 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: STAFF RECOMMENDATION: Adopt the Resolution authorizing the installation of 178 feet of "Passenger Loading Zone — 1-Minute Only" signage on the north side of E. 18th Street, west of "John Otis Elementary School". FINAL ADOPTION: APPROVED: APPROVED: Finance, MIS BOARD / COMMISSION RECOMMENDATION: At their meeting on February 12, 2020, the Traffic Safety Committee approved staff's recommendation to install 178 feet of "Passenger Loading Zone — 1-Minute Only" signage. ATTACHMENTS: 1. Explanation w/ Exhibit 2. Staff Report to the Traffic Safety Committee on February 12, 2020 (TSC No. 2020-04) 3. Resolution 320 of 6961 EXPLANATION Ms. Leticia Segura, principal of John Otis Elementary School (School) located at 621 E. 18th Street, has requested the installation of "Passenger Loading Zone - 1-Minute Only" signage located on the north side of E. 18th Street, west of the School in order to increase parking availability during the designated drop off and pick up hours. Ms. Segura stated that during these designated hours, several vehicles are parked in front of the school so drivers can drop off and pick up students. Furthermore, she stated that on E. 18th Street, there is a high volume of traffic that creates congestion during drop off and pick up hours. According to Ms. Segura, these conditions create an unsafe situation for drivers, students and other pedestrians since vehicles double-park to pick up and drop off students. Ms. Segura stated that she requested enforcement from the National City Police Department in order to enforce the operation of drop off and pick up at the School during the designated hours. Ms. Segura stated that the additional "Passenger Loading Zone - 1-Minute Only" signage would provide more available drop off and pick up for drivers, making the operation of drop off and pick up safer and more efficient. Staff visited the site and verified that the School does not have any off-street parking for the public. The School has one parking lot located on the west side of the School providing parking for the employees of the School. Staff verified that there is approximately 230 feet of existing "Passenger Loading Zone - 3-Minute Parking Only" parking in front of the School, valid from 7:00 am to 9:00 am and 1:00 pm to 4:00 pm, Monday through Friday. Staff observed congestion on E. 18th Street during student drop-off and pick-up. Staff also confirmed that there is approximately 178 feet of unrestricted, on -street parallel parking available for nine vehicles on the north side of E. 18th Street, just west of the School. Staff agrees that the installation of "Passenger Loading Zone - 1-Minute Only" signage would better facilitate student drop-off and pick-up, reduce congestion, and enhance safety for students, parents and drivers. This item was presented to the Traffic Safety Committee on February 12, 2020. Ms. Wendy Mejia, a representative from National City's Safe Routes to School Program, was in attendance to speak in support of the item. After discussing the item, the Traffic Safety Committee voted in support of staffs recommendation to install 178 feet of "Passenger Loading Zone - 1-Minute Only" signage, valid from 7:00 am to 9:00 am and 1:00 pm to 4:00 pm, Monday through Friday, on the north side of E. 18th Street, west of John Otis Elementary School. Furthermore, as discussed at the Traffic Safety Committee Meeting, if the City Council approves this item, staff will convert the existing "Passenger Loading Zone - 3-Minute Parking Only" signage located in front of the school to "Passenger Loading Zone - 1- Minute Only" signage for consistency. If approved by City Council, all work will be performed by City Public Works. 321 of 696 Location Map with Recommended Enhancements (TSC Item: 2020-04) Existing off-street parking for the employees of the school Proposed 178' of "Passenger Loading Zone - 1-Minute Only" signage John A. Otis Elementary School Existing 230' of "Passenger Loading Zone - 3-Minute Parking Only" Existing 70' of red curb at bus stop 4 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR FEBRUARY 12, 2020 ITEM TITLE: REQUEST TO INSTALL 178 FEET OF "PASSENGER LOADING ZONE — 1-MINUTE ONLY" SIGNAGE ON THE NORTH SIDE OF E. 18TH STREET, WEST OF "JOHN OTIS ELEMENTARY SCHOOL" LOCATED AT 621 E. 18TH STREET. PREPARED BY: Luca Zappiello, Assistant Engineer - Civil Engineering & Public Works Department DISCUSSION: Ms. Leticia Segura, principal of the "John Otis Elementary School" (School) located at 621 E. 18th Street, has requested the installation of "Passenger Loading Zone - 1-Minute Only" signage located on the north side of E. 18th Street, west of the School in order to increase parking availability during the designated drop off and pick up hours. Ms. Segura stated that during these designated hours, several vehicles are parked in front of the school so drivers can drop off and pick up students. Furthermore, she stated that on E. 18th Street, there is a high volume of traffic that creates congestion during drop off and pick up hours. According to Ms. Segura, these conditions create an unsafe situation for drivers, students and other pedestrians since vehicles double park to pick up and drop off students. Ms. Segura stated that she requested enforcement from the National City Police Department (PD) in order to enforce the operation of drop off and pick up at the School during the designated hours. Ms. Segura stated that the additional "Passenger Loading Zone - 1- Minute Only" signage would provide more available parking for drivers, making the operation of drop off and pick up safer and more efficient. Staff visited the site and verified that the School does not have any off-street parking for the public. The School has one parking lot located on the west side of the School providing parking for the employees of the School. Staff confirmed that drop-off hours are from 7:00 am until 9:00 am and pick-up hours are from 1:00 pm until 4:00 pm. Staff observed that during these designated hours, several vehicles travel on E. 18th Street while other vehicles are trying to pick up and drop off students, creating congestion along the street. Staff verified that currently, there is approximately 230 feet of existing "Passenger Loading Zone - 3-Minute Parking Only" parking spaces available for eleven (11) vehicles in front of the School. Staff also confirmed that there is approximately 178 feet of unrestricted on - street parallel parking spaces available for nine (9) vehicles on the west side of the School. However, staff agrees that the installation of a "Passenger Loading Zone - 1-Minute Only" signage on the west side the School would provide more parking for vehicles to enhance safety for drivers, students and other pedestrians during the pick-up and drop-off hours. STAFF RECOMMENDATION: Based on an evaluation of existing conditions, staff recommends the installation of 178 feet of "Passenger Loading Zone -1-Minute Only" signage valid from "7:00 am until 9:00 am" and valid from "1:00 pm until 4:00 pm" from "Monday through Friday" located on the north side of E. 18th Street, west of the School in order to increase parking availability during the drop off and pick up hours. 323 of 696 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 2020-05 324 of 696 CALIFORNIA NATIONAL CITY ZNCORPORAT1 D PUBLIC REQUEST FORM Contact Information Name: Leticia Segura (Principal of the John Otis Elementary School) Address: Phone: Email: Request Information Location: John Otis Elementary School Request: Installation of "Passenger Loading Zone - 1-Minute Only" signage located on the north side of E. 18th Street, west of the School in order to increase parking availability during the designated drop off and pick up hours. Attachments: Yes No Description: Internal Use Only: Request Received By: Luca Zappiello Date: November 6, 2019 Received via: rCounter/In-Person Assigned To: Notes: Telephone Email Referral: 325 of 696 February 6, 2020 -- CALIFORNIA NATL.ONAL CiTy °3 .3r.1 INCORPORATED RESIDENT/PROPERTY OWNER Subject: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2020-04 REQUEST TO INSTALL 178 FEET OF "1-MINUTE — PASSENGER LOADING ZONE" ON THE NORTH SIDE OF E. 18TH STREET, WEST OF "JOHN OTIS ELEMENTARY SCHOOL" LOCATED AT 621 E. 18TH STREET. Dear Sir/Madame: The City of National City would like to invite you to our next public Traffic Safety Committee Meeting scheduled for Wednesday, February 12, 2020, at 1:00 P.M. in the 2"d 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 2020-04. Sincerely, 2. Stephen Manganiello City Engineer SM:Iz Enclosure: Location Map 2020-04 1234 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 336-4397 engineering@nationalcityca.gov 326 of 696 Location Map with Recommended Enhancements (TSC Item: 2020-04) Existing off-street parking for the employees of the school Proposed 17 ' of "Passenger Loading Zone - 1-Minute Only" signage John A. Otis Elementary School Existing 230' of "Passenger Loading Zone - 3-Minute Parking Only" Existing 70' of red curb at bus stop 178' of proposed "Passenger Loading Zone - 1 Minute Only" signage valid between 7 AM to 9 AM and 1PM to 4 PM from Monday through Friday Location of proposed "Passenger Loading Zone —1 Minute Only" (looking east) 178' of proposed "Passenger Loading Zone - 1 Minute Only" signage valid between 7 AM to 9 AM and 1PM to 4 PM from Monday through Friday Location of proposed "Passenger Loading Zone —1 Minute Only" (looking west) 328 of 696 230' of existing "Passenger Leading Zone - 3 Minute Parking Only" signage valid between 7 AM to 9 AM and 1 PM to 4 PM From Monday through Friday Location of existing "Passenger Loading Zone — 3 Minute Parking Only" (looking north) 329 of 696 RESOLUTION NO. 2020 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF 178 FEET OF "PASSENGER LOADING ZONE — 1-MINUTE ONLY" SIGNAGE ON THE NORTH SIDE OF EAST 18TH STREET, WEST OF "JOHN OTIS ELEMENTARY SCHOOL" LOCATED AT 621 EAST 18TH STREET (TSC NO. 2020-04)) WHEREAS, Ms. Leticia Segura, Principal of John Otis Elementary School (School) located at 621 East 18th Street, has requested the installation of "Passenger Loading Zone - 1-Minute Only" signage located on the north side of East 18th Street, west of the School in order to increase parking availability during the designated drop off and pick up hours; and WHEREAS, Ms. Segura stated that during these designated hours, several vehicles are parked in front of the School and drivers can't drop off or pick up students which creates an unsafe situation for drivers, students and pedestrians; and WHEREAS, Ms. Segura stated she has had to request enforcement from the National City Police Department in order to enforce the operation of drop off and pick up at John Otis Elementary during the designated hours; and WHEREAS, staff visited the site and verified that John Otis Elementary does not have any off-street parking for the public and that there is only one parking lot located on the west side of the School providing parking only to employees; and WHEREAS, staff verified approximately 230 feet of existing "Passenger Loading Zone - 3-Minute Parking Only" parking in front of the School, valid from 7:00 am to 9:00 am and 1:00 pm to 4:00 pm, Monday through Friday and 178 feet of unrestricted, on -street parallel parking available for nine vehicles on the north side of East 18th Street, just west of the School; and WHEREAS, staff agrees that the installation of "Passenger Loading Zone - 1-Minute Only" signage would better facilitate student drop-off and pick-up, reduce congestion, and enhance safety for students, parents and drivers; and WHEREAS, on February 12, 2020, the Traffic Safety Committee voted unanimously to recommend the installation of 178 feet of "Passenger Loading Zone - 1- Minute Only" signage, valid from 7:00 am to 9:00 am and 1:00 pm to 4:00 pm, Monday through Friday, on the north side of East 18th Street, west of John Otis Elementary School. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the installation of 178 feet of "Passenger Loading Zone - 1-Minute Only" signage, valid from 7:00 am to 9:00 am and 1:00 pm to 4:00 pm, Monday through Friday, on the north side of East 18th Street, west of John Otis Elementary School to better facilitate student drop-off and pick-up, reduce congestion, and enhance safety for students, parents and drivers. 330 of 696 Resolution No. 2020 — Page Two BE IT FURTHER RESOLVED, that the City Council of the City of National City hereby authorizes the conversion of the existing 230 feet "Passenger Loading Zone - 3-Minute Parking Only" signage located in front of John Otis Elementary School to "Passenger Loading Zone - 1-Minute Only" signage, valid from 7:00 am to 9:00 am and 1:00 pm to 4:00 pm, Monday through Friday for consistency. PASSED and ADOPTED this 17stday of March, 2020. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 331 of 696 CC/CDC-HA Agenda 3/17/2020 — Page 332 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 a second driveway to accommodate one off-street parking space on the southeast corner of the residence at 920 Pleasant Lane (TSC No. 2020-05). (Engineering/Public Works) Please scroll down to view the backup material. 332 of 696 MEETING DATE: March 17, 2020 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of a second driveway to accommodate one off-street parking space on the southeast corner of the residence at 920 Pleasant Lane (TSC No. 2020-05). PREPARED BY: Luca Zappiello, Assistant Engineer - Civil PHONE: 619-336-4360 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Staff deferred to the Traffic Safety Committee for the recommendation to install a second driveway to accommodate one off-street parking space on the southeast corner of the residence at 920 pleasant lane. BOARD / COMMISSION RECOMMENDATION: At their meeting on February 12, 2020, the Traffic Safety Committee voted unanimously to recommend the installation of a second driveway on the southeast corner of the residence at 920 Pleasant Lane ATTACHMENTS: 1. Explanation w/ Exhibit 2. Staff Report to the Traffic Safety Committee on February 12, 2020 (TSC No. 2020-05) 3. Special Driveway Permit Request 4. Resolution 333 of 6961 EXPLANATION Mr. Gerardo Zavala, property owner of the single family dwelling located at 920 Pleasant Lane, has requested a special driveway permit to construct a new driveway and apron to accommodate off-street parking for his recreational vehicle. Currently, the property does have a driveway which is located on the northeast corner of the property. However, since the existing driveway cannot accommodate parking for Mr. Zavala's recreational vehicle, he would like to install a new driveway on the southeast corner of his property. The National City Municipal Code (NCMC) Section 13.04.220.0 states that "No driveway shall exceed forty percent of the frontage upon any street of the lot or parcel of land to be served". In this case, the property located at 920 Pleasant Lane has a frontage of 72 feet which multiplied by 40% results in a total width of 28.8 feet. Since the existing driveway has a width of 16 feet and the proposed driveway has a width of 18 feet, the two driveways combined would result in a total width of 34 feet, which exceeds the 40% threshold for the frontage of the lot by 5.2 feet. Furthermore, the proposed driveway does not provide a minimum of 11 feet of clearance to the property line as required by NCMC Section 13.04.220.E. NCMC Section 13.04.220 allows City Council to authorize, by resolution, a special driveway permit to construct and maintain driveways in excess of the thresholds defined above. Since the addition of a second driveway would exceed 40% of the frontage of the lot and the proposed location of the new driveway would not provide a minimum of 11 feet of clearance to the property line, City Council resolution would be required to authorize staff to process a special driveway permit. It should be noted that given the site constraints, there are no other feasible locations to construct a new driveway. The property owner submitted an application for a special driveway permit and paid the required application fee. See the attached "Special Driveway Application" with supporting documents. This item was presented to the Traffic Safety Committee on February 12, 2020. Mr. Gerardo Zavala was in attendance to speak in support of the item. Staff deferred to the Traffic Safety Committee for the recommendation to install a second driveway to accommodate one off-street parking space on the southeast corner of the residence at 920 pleasant Lane. After discussing the item, the Traffic Safety Committee voted unanimously to recommend the installation of a second driveway on the southeast corner of the residence at 920 Pleasant Lane. 334 of 696 Location Map with Recommended Enhancements (TSC Item: 2020-05) 920 Pleasant Lane 5 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR FEBRUARY 12, 2020 ITEM TITLE: REQUEST TO INSTALL A SECOND DRIVEWAY TO ACCOMMODATE ONE OFF-STREET PARKING SPACE ON THE SOUTHEAST CORNER OF THE RESIDENCE AT 920 PLEASANT LAN E. PREPARED BY: Luca Zappiello, Assistant Engineer - Civil Engineering & Public Works Department DISCUSSION: Mr. Gerardo Zavala, property owner of the single family dwelling located at 920 Pleasant Lane, has requested a new driveway permit to construct a new driveway and apron to accommodate one off-street parking space. Mr. Zavala stated that he has a recreational vehicle and he would like to install the second driveway and apron in order to accommodate it. Staff visited the site and verified that residence is located on the west side of Pleasant Lane, north of E. 10th Street. Staff verified that the residence already has a driveway and apron located on the northeast corner of the property that connects the street to a garage. Furthermore, Staff confirmed that the proposed driveway would be 18 feet wide and located approximately 27 feet from the existing driveway on the southeast corner of Mr. Zavala's property. It should be noted that the proposed driveway would result in a loss of one on - street parking space. According to the National City Municipal Code (NCMC), Section 13.04.220 — Permits Issuance restrictions, Mr. Zavala would need to apply for a special driveway since the proposed driveway does not meet certain criteria in the NCMC. Therefore, if this item is approved by the Traffic Safety Committee, Mr. Zavala's special driveway application will be presented to the City Council for consideration and approval. STAFF RECOMMENDATION: Based on evaluation of existing conditions, Staff defers to the Traffic Safety Committee for the recommendation to install a second driveway to accommodate one off-street parking space on the southeast corner of the residence at 920 pleasant lane. If approved by City Council, all work will be performed by City Public Works. EXHIBITS: 1. Public Notice 2. Application 3. Location Map 4. Photos 2020-05 336 of 696 CALIFORNIA NATIONAL CITY 11731 INC OAPORDI'ED February 6, 2020 RESIDENT/PROPERTY OWNER Subject: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2020-05 REQUEST TO INSTALL A SECOND DRIVEWAY TO ACCOMMODATE ONE OFF- STREET PARKING SPACE ON THE SOUTHEAST CORNER OF THE RESIDENCE AT 920 PLEASANT LANE. Dear Sir/Madarne: The City of National City would like to invite you to our next public Traffic Safety Committee Meeting scheduled for Wednesday, February 12, 2020, 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 2020-05. Sincerely, Stephen Manganiello City Engineer SM:lz Enclosure: Location Map 2020-05 1234 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 336-4397 engineering@nationalcityca.gov 337 of 696 Application Date: Site Address: 920 Pleasant Lane, National City,CA 91950 Owner's Name: Zavala Gerardo Phone: Owner's Mailing Address: 920 Pleasant Lane, National City,CA 91950 Special Driveway FEE $500.00 CDP Permit #2019-4464 CALIFORNIA -f Eng. # NANIONAL CITy INCOHPOSAi D 4NCORPORATR13 City of National City Engineering Department 1243 National City Boulevard National City, Ca, 91950 APPLICATION FOR SPECIAL DRIVEWAY PERMIT 12/05/2019 Site Classification (Check One) Residential n Commercial ❑ Industrial ❑ Institutional 1. The City of National City has set forth driveway standards in the National City Municipal Code and has adopted the San Diego Regional Standard Drawings (SDRSD) for construction of driveways. Explain below how your driveway will differ from the City adopted standards? The new driveway exceeds the forty percent threshold for the frontage as required by National City Municipal Code Section 13.04.220.C. The new drivewaydoes not provide a minimum of 11 feet of clearance to the property line as required by National City Municipal Code, Section 13.04.220.E. ENG-100 1 338 of 696 2. Special Driveway Permits are issued for the use and maintenance of a driveway that is designed to meet special needs or conditions that exist on site or in the right -of --way adjacent to the site. Explain these conditions. Additional parking is needed in order to park my Recreational Vehicle on the property. 3. Attach copies of diagrams, drawings, photographs and other docu nents that show or further explain the existing conditions and proposed changes. 4. Provide the name, address and telephone number of the person(s) to have effective control over the design and installation of the special driveway. Zavala Gerardo, 920 Pleasant Lane, National City,CA 91950 5. The following conditions shall apply: A. The application fee is nonrefundable. Payment of the application fee does no guarantee approval of the Special Driveway Permit. B. The Special Driveway Permit is a discretionary permit. The Special Driveway Permit does not authorize construction of a special driveway until the plans for the driveway have been approved by the City Engineer and a valid construction permit has been obtained. C. The City reserves the right to require the removal of the special driveway at any time. D. The City reserves the right to require the installation of signage, lights, mirrors, pavement markings, reflectors, bollards, barricades or other devises at anytime. E. The property owner is responsible for the design, installation and maintenance of the special driveway. ENG-100 2 339 of 696 I ,- vro d / , the owner of the property referenced above, accept the conditions of this Special Driveway Permit listed above. Sigr�a ure ol'Owner re. " Date FOR CITY USE Planning Department By: Date: Approved Explanation 17 Approved with Conditions Denied Building Department By: Date: Approved Explanation I I Approved with Conditions I I Denied Engineeri»g Department By: Date: Approved I Explanation Denied 11 I Approved with Conditions I ENG-100 3 340 of 696 Property line ° EASANT LANE 12'-0" 3'-0' Proposed driveway 16'-0" hr• Property fine 2'-0" 0 Existing drive;. Lf) O) uJ Z < < 0 J- i Z Q Q W Z J O I— • Z TITLE: SITE PLAN JKAWINv NU: 1.0 Location Map with Recommended Enhancements (TSC Item: 2020-05) 920 Pleasant Lane Pleasant Lane Location of proposed second driveway located on the southeast corner of the property (looking west) Location of proposed second driveway located on the southeast corner of the property (looking east) 343 of 696 RESOLUTION NO. 2020 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF A SECOND DRIVEWAY TO ACCOMMODATE ONE OFF-STREET PARKING SPACE ON THE SOUTHEAST CORNER OF THE RESIDENCE AT 920 PLEASANT LANE (TSC NO. 2020-05) WHEREAS, Mr. Gerardo Zavala, property owner of the single family dwelling located at 920 Pleasant Lane, has requested a special driveway permit to construct a new driveway and apron to accommodate off-street parking for his recreational vehicle; and WHEREAS, the property does have a driveway which is located on the northeast corner of the property; and WHEREAS, the existing driveway cannot accommodate parking for Mr. Zavala's recreational vehicle, therefore, he is requesting a special driveway permit to construct a new driveway on the southeast corner of his property; and WHEREAS, the National City Municipal Code (NCMC) Section 13.04.220.0 states that "No driveway shall exceed forty percent of the frontage upon any street of the lot or parcel of land to be served"; and WHEREAS, the property located at 920 Pleasant Lane has a frontage of 72 feet which multiplied by 40% results in a total width of 28.8 feet; and WHEREAS, the existing driveway has a width of 16 feet and the proposed driveway has a width of 18 feet, resulting in a total width of 34 feet, which exceeds the 40% threshold for the frontage of the lot by 5.2 feet; and WHEREAS, the proposed driveway does not provide a minimum of 11 feet of clearance to the property line as required by NCMC Section 13.04.220.E; and WHEREAS, NCMC Section 13.04.220 allows City Council to authorize, by resolution, a special driveway permit to construct and maintain driveways in excess of the thresholds; and WHERAS, a City Council resolution would be required to authorize staff to process a special driveway permit for the property located at 920 Pleasant Lane; and WHEREAS, on February 12, 2020, the Traffic Safety Committee voted unanimously to recommend the installation of a second driveway on the southeast corner of the residence at 920 Pleasant Lane. 344 of 696 Resolution No. 2020 — Page Two NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes staff to process a special permit to allow for the installation of a second driveway to accommodate one off-street parking space on the southeast corner of the residence at 920 Pleasant Lane (TSC No. 2020-05). PASSED and ADOPTED this 17stday of March, 2020. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 345 of 696 CC/CDC-HA Agenda 3/17/2020 — Page 346 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the installation of red curb "No Parking" at the intersection of E. 11th Street and Paradise Drive to enhance visibility at the intersection (TSC No. 2019-17). (Engineering/Public Works) Please scroll down to view the backup material. 346 of 696 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 17, 2020 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of red curb "No Parking" at the intersection of E. 11th Street and Paradise Drive to enhance visibility at the intersection (TSC No. 2019-17). PREPARED BY: Carla Hutchinson, Assistant Engineer - Civil C,VV, DEPARTMENT: Engineering/Public Works PHONE: 619-336-4388 EXPLANATION: See attached. APPROVED BY: 2 FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Resolution authorizing installation of red curb "No Parking" at the intersection of E. 11th Street and Paradise Drive. BOARD / COMMISSION RECOMMENDATION: At their meeting on February 12, 2020, the Traffic Safety Committee approved staff's recommendation to install red curb "No Parking" at the intersection of E. 11 th Street and Paradise Drive. ATTACHMENTS: 1. Explanation w/ Exhibit 2. Staff Report to the Traffic Safety Committee on February 12, 2020 (TSC No. 2019-17) 3. Resolution 347 of 696 1 EXPLANATION An area resident has requested red curb "No Parking" at the intersection of Paradise Drive and E. 11th Street to improve visibility at the intersection. The resident stated that it is difficult to see oncoming traffic for vehicles exiting from E. 11th Street onto Paradise Drive due to cars being parked too close to the intersection. Furthermore, the resident stated that installing red curb "No Parking" at the intersection would help to improve safety and enhance visibility. Staff performed a site evaluation. Paradise Drive and E. 11th Street are currently 2-lanes wide and both streets have available parking on both sides of the street. The intersection between the two streets is currently stop controlled for westbound traffic on E. 11th Street. Staff confirmed that Paradise Drive has a 10% slope at the intersection with E. 11th Street and there are approximately 30 feet of existing red curb "No Parking" on the east side of Paradise Drive, north of E. 11th Street. Staff confirmed that when vehicles on Paradise Drive park too close to the corner on the south side of E.11 th Street, the visibility for the vehicles that are exiting E. 11th Street onto Paradise Drive is partially obstructed. Furthermore, staff also reviewed the traffic collision history for this location, which confirmed there were no "reported" traffic collisions within the past four years. This item was presented to the Traffic Safety Committee on February 12, 2020. Staff sent notices to area residents inviting them to attend the Traffic Safety Committee Meeting and/or contact staff with any questions. There were no members of the public in attendance. Staff presented the results of the site evaluation and after discussion, the Traffic Safety Committee unanimously approved staffs recommendation to install 25 feet of red curb "No Parking" on the south side of E. 11th Street, east of Paradise Drive to improve visibility for vehicles exiting E. 11th Street onto Paradise Drive. This will result in the loss of one (1) on -street parking space. If approved by City Council, all work will be performed by City Public Works 348 of 696 Location Map with Recommended Enhancements (TSC Item: 2019-17) 25' of proposed red curb "No Parking" Existing red curb "No Parking" '1; 1 E. 11th Street cro - 11111LOW- 2106 E. 11"' Street :1 Existing driveway r • • t'.7. • • .r, Jj • 96910 617C ITEM TITLE: 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR FEBRUARY 12, 2020 REQUEST TO INSTALL RED CURB "NO PARKING" AT THE INTERSECTION OF PARADISE DRIVE AND E. 11TH STREET TO ENHANCE VISIBILITY AND ACCESS FROM E. 11TH STREET ONTO PARADISE DRIVE PREPARED BY: Carla Hutchinson, Assistant Engineer — Civil Engineering & Public Works Department DISCUSSION: An area resident has requested red curb "No Parking" at the intersection of Paradise Drive and E. 11th Street to improve visibility at the intersection. The resident stated that it is difficult to see oncoming traffic for vehicles exiting from E. 11th Street onto Paradise Drive due to cars being parked too close to the intersection. Furthermore, the resident stated that installing red curb "No Parking" at the intersection would help to improve safety anthenhance visibility. Staff performed a site evaluation. Paradise Drive and E. 11' Street are currently 2-lanes wide and both streets have available parking on both sides of the street. The intersection between the two streets is currently stop controlled for westbound traffic on E. 11' Street. Staff confirmed that Paradise Drive has a 10% slope at the intersection with E. 11' Street and there are approximately 30 feet of existing red curb "No Parking" on the east side of Paradise Drive, north of E. 11' Street. Staff confirmed that when vehicles on Paradise Drive park too close to the corner on the south side of E.11t" Street, the visibility for the vehicles that are exiting E. 11 t" Street onto Paradise Drive is partially obstructed. Furthermore, staff also reviewed the traffic collision history for this location, which confirmed there were no "reported" traffic collisions within the past four years. STAFF RECOMMENDATION: Based on evaluation of existing conditions, staff recommends to install 25 feet of red curb "No Parking" on the south side of E. 11th Street, east of Paradise Drive. This will result in the loss of one (1) on -street parking space; EXHIBITS: 1. Public Request 2. Public Notice 3. Location Map 4. Photos 5. Traffic collision History 2019-17 350 of 696 CALIFORNIA - NATIONAL CIS" Y O� tNCORPORAT$D PUBLIC REQUEST FORM Contact Information Name: Area Resident Address: Phone: Email: Request Information Location: Paradise Drive and E. 11th Street Request: Install red curb to improve visibility in the intersection. Attachments:n Yes No Description: Internal Use Only: Request Received By: Carla Hutchinson Received via: Assigned To: Notes: Counter/In-Person Telephone Email nFax Date: 11/13/19 Referral: 351 of 696 February 5, 2020 CALIFORNIA NATIONAL c y �INCO ORATtD J RESIDENT/PROPERTY OWNER Subject: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2019-17 REQUEST TO INSTALL RED CURB "NO PARKING" AT THE INTERSECTION OF PARADISE DRIVE AND E. 11TH STREET TO ENHANCE VISIBILITY AND ACCESS FROM E. 11TH STREET ONTO PARADISE DRIVE. Dear Sir/Madame: The City of National City would like to invite you to our next public Traffic Safety Committee Meeting scheduled for Wednesday, February 12, 2020, 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 2019-17. Sincerely, 2. W,...1-;X Stephen Manganiello City Engineer SM:ch Enclosure: Location Map 2019-17 1234 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 336-4397 engineering@nationalcityca.gov 352 of 696 Location Map with Recommended Enhancements (TSC Item: 2019-17) 25' of proposed red curb "No Parking" 20' of existing on - street parking Existing red curb "No Parking" E. 11th Street 1111.ii -4 Existing driveway 96910 €9 25' of proposed red curb "No Parking" — 10% slope Location of proposed red curb "No Parking" on Paradise Drive (looking south) 2106 E. 11th Street 25' of proposed red curb "No Parking" — 10% slope Location of proposed red curb "No Parking" on Paradise Drive (looking east 354 of 696 Traffic Collision History (NCPD Records Division) From December 9, 2015 — December 9, 2019, there were no traffic collision on the intersection of Paradise Drive and E. 11th Street 969 t0 99C RESOLUTION NO. 2020 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF RED CURB "NO PARKING" AT THE INTERSECTION OF EAST 11TH STREET AND PARADISE DRIVE TO ENHANCE VISIBILITY AT THE INTERSECTION (TSC NO. 2019-17) WHEREAS, an area resident has requested red curb "No Parking" at the intersection of Paradise Drive and East 11 th Street to improve safety and enhance visibility at the intersection; and WHEREAS, the resident stated that it is difficult to see oncoming traffic for vehicles exiting from East 11th Street onto Paradise Drive due to cars being parked too close to the intersection; and WHEREAS, staff visited the site and verified that Paradise Drive and East 11th Street are 2-lanes wide with available parking on both sides of the street and the intersection between the two streets are currently stop controlled for westbound traffic on East 11th Street; and WHEREAS, staff confirmed that Paradise Drive has a 10% slope at the intersection with East 11th Street and there are approximately 30 feet of existing red curb "No Parking" on the east side of Paradise Drive, north of East 11th Street; and WHEREAS, staff verified that when vehicles on Paradise Drive park too close to the corner on the south side of East 11th Street, the visibility for the vehicles that are exiting East 11th Street onto Paradise Drive is partially obstructed; and WHEREAS, the traffic collision history for this location was also reviewed, which confirmed no "reported" traffic collisions within the past four years; and WHEREAS, on February 12, 2020, the Traffic Safety Committee voted unanimously to recommend the installation of 25 feet of red curb "No Parking" on the south side of East 11th Street, east of Paradise Drive to improve visibility for vehicles exiting East 11th Street onto Paradise Drive which will result in the loss of one (1) on - street parking space. 356 of 696 Resolution No. 2020 — Page Two NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the installation of 25 feet of red curb "No Parking" on the south side of East 11th Street, east of Paradise Drive to improve visibility for vehicles exiting East 11th Street onto Paradise Drive which will result in the loss of one (1) on - street parking space. PASSED and ADOPTED this 17stday of March, 2020. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 357 of 696 CC/CDC-HA Agenda 3/17/2020 — Page 358 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 Science Outreach Program Field Trip Agreement, with a mutual indemnity and hold harmless clause, between the City of National City and the San Diego County Office of Education, to provide the Splash Science Mobile Lab during Community Service Day on Saturday, April 25, 2020. (Community Services) Please scroll down to view the backup material. 358 of 696 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 17, 2020 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City authorizing the City Manager to execute a Science Outreach Program Field Trip Agreement, with a mutual indemnity and hold harmless, between the City of National City and the San Diego County Office of Education, to provide the Splash Science Mobile Lab during Community Service Day on Saturday, April 25, 2020. PREPARED BY: Audrey Denham DEPARTMENT: mun'ty Ser ces PHONE: 619-336-4243 APPROVED BY: EXPLANATION: On Saturday, April 25, 2020 the Community Services Department is hosting Community Service Day with free earth day activities and a community picnic. Staff has requested the San Diego County Office of Education (County) to participate in the event by providing the Splash Science Mobile Lab. The Splash Science Mobile Lab offers hands on learning opportunities at multiple learning stations such as, watershed/storm drains, GIS examination of local watersheds, water conversation, and the San Diego estuary. The County requires the City to enter into a Science Outreach Program Field Trip Agreement, which includes a mutual indemnity and hold harmless. City Council Policy 1001 provides discretionary authority to enter into a mutual indemnity and hold harmless agreements when in the best interest of both parties. The Splash Science Mobile Lab will be an important educational component to Community Service Day. Staff has reviewed the Science Outreach Program Field Trip Agreement with the City Attorney's Office and the City's Risk Manager and they are of the opinion that it is in the best interest of both parties. FINANCIAL STATEMENT: APPROVED: FINANCE ACCOUNT NO. APPROVED: MIS N/A ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Resolution of the City Council of the City of National City authorizing the City Manager to execute a Science Outreach Program Field Trip Agreement, with a mutual indemnity and hold harmless, between the City of National City and the San Diego County Office of Education. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Agreement with San Diego County Office of Education 1359 of 696 San Diego County Office of Education SCIENCE OUTREACH PROGRAM FIELD TRIP AGREEMENT — 2019-2020 THIS AGREEMENT, made this July 1, 2019 and which will terminate on June 30, 2020, by and between San Diego County Superintendent of Schools, hereinafter called the "County", and City of National City hereinafter called the "District/School/Organization", mutually agree as follows: 1. Basis of Agreement The County, as coordinator of the education outreach programs, has determined that it is desirable to conduct science outreach programs for schools and districts within the County of San Diego. For each science outreach program scheduled to serve the District/School/Organization, District/School/Organization agrees to adhere to the terms and conditions of this agreement. It is understood that third parties (such as the Port of San Diego, County of San Diego, City of San Diego, San Diego County Water Authority and various other municipalities and water districts) sometimes agree to pay for a science outreach program to be delivered to a District/School/Organization. In these circumstances, County may invoice the third parties for the designated events (if the third party agrees) or will invoice the District/School/Organization (if the third party provides the funds directly to the District/School/Organization). The fees charged to third parties may be different than those stated below, based on the services requested by them. ' Regardless of whether a third party funding source is involved, the District/School/Organization must still execute this agreement and be responsible for payment for any event which is not paid for by a third party. 2. Scope of Agreement A. General The County will make available and provide by this contractual agreement the following programs with pricing for school year 2019-2020: 1) Green Machine $510.00 per trip, serving up to four 1-hour lasses of up to 30 students each The Green Machine curriculum aligns with the California Science Content Standards for grades K-4. The presentation describes the journey from seed to dinner table through hands-on learning stations that enable students to learn where their food comes from. A musical and dramatic wrap-up reinforces the learning. 2) Splash Science Mobile Lab $740.00 per trip, serving up to four 1-hour classes of up to 36 students each The Splash Science Mobile Lab curriculum aligns with the California Science Content Standards for grades 4-6. The presentation offers hands on [earning opportunities for students at multiple learning stations; watershed/storm drain, GIS examination of local watersheds, water conservation, San Diego estuary, and microscope. 3) Marine Science Floating Lab $730.00 per morning trip and $690 per afternoon/ twilight trip, serving up to 40 people on one of two boats. This program consists of half -day field trip on San Diego Bay with hands-on science instruction and materials. B. County agrees to provide: 1) Instructional materials and equipment. 2) Boat transportation with qualified crew (Floating Lab only). 3) Curriculum and instruction. 4) Invoicing of the District/School/Organization for the field trip. San Diego County Office of Education, revised: 3/5/20 360 of 696 C. District/School/Organization agrees to: 1) Schedule their participation in the program of choice with the County by phone or email. 2) Provide a written request/authorization for the delivery of the program(s) in the form accepted by District (either a district PO, check or, for Private Schools only, a Personal Letter of Guaranty signed by the site administrator). 3) Send no more than the maximum number of allowed per Marine Science Floating Lab field trip (40, including chaperones/teachers). If the school arrives for the field trip with a group size of more than 40, the ship captain may, at his/her sole option; refuse to take more than the maximum of 40 on board or agree to accept additional passengers up to a maximum of 45 with the understanding that the District/School/Organization agrees to pay an additional fee of $50 for each person in excess of 40. Group sizes in excess of 45 will not be accepted under any circumstances. If the group arrives with more than 40, and the ship captain refuses to take more than 40 on board, the group may elect to leave some behind or cancel the trip. If the trip is canceled by the group in this circumstance, there will be no refund or compensation to the District/School/Organization. 4) Provide a minimum of number of adult participants authorized by the District/School/Organization to supervise the students and participate in the delivery of each presentation during the day. The Green Machine requires a minimum of one participating adult, the Splash Science Mobile Lab requires two participating adults and the Marine Science Floating Lab requires a minimum of one participating adult. a. Splash Lab and Green Machine only - If the school cannot provide the required participating adults, they must inform County a minimum of five days in advance of the scheduled field trip event. County will endeavor to locate suitable adults to participate in the presentation of the program in lieu of the school's participant(s) subject to a minimum charge of $150 per participant provided by County. 5) Provide written notification to County of field trip cancellation a minimum of twenty (20) working days in advance of the scheduled trip. Cancellation with less than twenty working days notification will result in a cancellation fee equal to fifty percent (50%) of the normal fee for the field trip event. Cancellation with Iess than five (5) days notice will result in a cancellation fee equal to one hundred percent (100%) of the normal fee for the field trip event. 6) Pay the agreed upon fees upon receipt of invoice. District/School/Organization will be invoiced 30 days prior to the trip when possible and refunds will be processed based on the above guidelines if the field trip is canceled. 7) County may terminate individual scheduled presentations at any time due to mechanical breakdown or other reason outside of their control (sick staff, etc.). If County cancels a program, they will endeavor to reschedule with the District/School/Organization at the District/School/Organization's earliest convenience. If County cannot reschedule the canceled event at a mutually agreeable time, they will refund all fees paid for the undelivered event. 3. Authorization to Copy Materials The County hereby authorizes the District/School/Organization to make copies of individual pages of the worksheets and teacher's guide as necessary and appropriate to enhance their participation in the County program. Copying materials far any other purpose is prohibited without the express permission of the County. 4. Confidentiality of Service or Work All curriculum and participant information are considered proprietary and confidential. All requests for information relating to the County's program should be directed to the County Office. San Diego County Office of Education, revised: 3/5/20 361 of 696 5. Independent Contractor It is expressly understood that at all times while rendering the services described herein and in complying with any terms and conditions of this Agreement, the County is acting as an independent contractor and is not an officer, agent, or employee of the District/School/Organization. 6. Hold Harmless Each party agrees to hold harmless, defend, and to indemnify the other, its officers, agents, and employees from every claim, demand, or liability which may be made by reason of: A. Any injury to person, including death therefrom, or damage to property sustained by the Party or any person, firm, student, teacher, volunteer, or corporation, employed directly or indirectly associated with or employed by it, however caused; and B. Any injury to person, including death therefrom, or damage to property sustained by any person, firm, student, teacher, volunteer, or corporation, caused by any act, neglect, default, or omission of the defending party, or of any person, firm, student, teacher, or corporation directly, or indirectly associated with or employed by it upon, or in connection with the services rendered pursuant to this agreement. The defending party at its own cost, expense and risk, shall defend any and all actions, suits or other legal proceedings, that may be brought or instituted against the non -defending party, its officers, agents, or employees, on any such claim or demand, and pay or satisfy the judgment that may be rendered against the San Diego County Superintendent of Schools, its officers, agents, or employees, in any such action, suit, legal proceedings, or result thereof. 7. insurance Requirements Both County and District/School/Organization shall maintain programs of general liability, property damage, worker's compensation, and auto insurance as required to protect the County and District/School/Organization as their interests may appear. Participants who are not covered by the Joint Powers Authority (JPA) program must provide a certificate of insurance for Comprehensive General Liability or Commercial Liability insurance in a minimum amount of $2,000,000 per occurrence naming the San Diego County Superintendent of Schools as additionally insured and certificate holder under their policy. 8. Compliance With Laws The District/School/Organization shall be subject to and shall comply with all Federal, State, and local laws, policies and regulations with respect to its performance under this agreement including but not limited to, licensing, employment and purchasing practices, and wages, hours and conditions of employment, including nondiscrimination. 9. Compensation/Costs and Payment Schedule The contract price is a fixed fee per field trip based on the program and price indicated in Section 2 above. County will prepare and submit an invoice for each field trip. The District/School/Organization agrees to pay County's invoice on a Net 30 day basis from date of receipt of invoice. 10. Termination It is mutually agreed that either party may terminate this agreement by giving a minimum of twenty (20) working days written notice. 11. Audit The District/School/Organization agrees to maintain and preserve any pertinent books, documents, papers, and records related to this agreement until three years after termination of this agreement, and to provide access to said documents to the County or any of its duly authorized representatives for examination or audit. 12. Safety District/School/Organization will take all necessary precautions to ensure the safety of the students, staff, and visitors from any hazards inherent in execution of the field trips under this agreement. San Diego County Office of Education, revised: 3/5/20 362 of 696 13. Governing Law\Venue San Diego In the event of litigation, the agreement and related matters shall be governed by and construed in accordance with the laws of the State of California. Venue shall be with the appropriate State or Federal court located in San Diego County. 14. Final Approval This agreement is of no force and effect until approved by signature by the San Diego County Superintendent of Schools or his designee, the Interim Senior Director of Outdoor Education. 15. Contract Participants If signed by a District, this contract will apply to all schools in the District, otherwise, it will apply only to the individual school or organization which signs the contract. 16. County Contact Person San Diego County Office of Education Bob Mueller, Executive Director, Outdoor Education and Student Support Services 6401 Linda Vista Road, Room 410, San Diego, California 92111-7399 (858)r292-3695 J Fax (858) 571-7206 17. Entire Agreement This agreement represents the entire agreement and understandings of the parties hereto and no prior writings, conversations or representations of any nature shall be deemed to vary from the provisions hereof. This agreement may not be amended in any way except by a writing duly executed by both parties hereto. IN WITNESS WHEREOF, the parties hereto have caused the Contract to be duly executed, such parties acting by their representatives being duly authorized. County Superintendent of Schools City of National City San Diego County Office of Education By Title Date Authorized or ratified by the Board of Eduation on Authorized Signature Senior Director, Outdoor Education Title April 1, 2019 Date Rules for acceptance and participation in these outreach programs are the same for everyone without regard to race, color or national origin, sex, age or disability. San Diego County Office of Education, revised: 3/5/20 363 of 696 RESOLUTION NO. 2020 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE A SCIENCE OUTREACH PROGRAM FIELD TRIP AGREEMENT, WITH A MUTUAL INDEMNITY AND HOLD HARMLESS, BETWEEN THE CITY OF NATIONAL CITY AND THE SAN DIEGO COUNTY OFFICE OF EDUCATION, TO PROVIDE THE SPLASH SCIENCE MOBILE LAB DURING COMMUNITY SERVICE DAY ON SATURDAY, APRIL 25, 2020 WHEREAS, on Saturday, April 25, 2020, the Community Services Department is hosting Community Service Day with free earth day activities and a community picnic; and WEREAS, staff has requested the San Diego County Office of Education (County) to participate in the event by providing the Splash Science Mobile Lab; and WHEREAS, the Splash Science Mobile Lab offers hands on learning opportunities at multiple learning stations such as, watershed/storm drains, GIS examination of local watersheds, water conversation, and the San Diego estuary; and WHEREAS, the County requires the City to enter into a Science Outreach Program Field Trip Agreement, which includes a mutual indemnity and hold harmless clause; and WHEREAS, City Council Policy 1001 provides discretionary authority to enter into an agreement that contains a mutual indemnity and hold harmless clause when it is in the best interest of both parties; and WHEREAS, the Splash Science Mobile Lab will be an important educational component to Community Service Day. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City authorizing the City Manager to execute a Science Outreach Program Field Trip Agreement, with a mutual indemnity and hold harmless clause, between the City of National City and the San Diego County Office of Education, to provide the Splash Science Mobile Lab during Community Service Day on Saturday, April 25, 2020. Said Agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this 17th day of March, 2020. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 364 of 696 CC/CDC-HA Agenda 3/17/2020 — Page 365 The following page(s) contain the backup material for Agenda Item: National City Sales Tax Update - Third Quarter 2019. (Finance) Please scroll down to view the backup material. 365 of 696 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 17, 2020 AGENDA ITEM NO.: ITEM TITLE: National City Sales Tax Update Newsletter — Third Quarter 2019 PREPARED BY: Mark Roberts, Finance Director DEPARTMENT: Finance PHONE: 619-336-4330 APPROVED BY: `7ZA7 /ate EXPLANATION: National City has an ongoing contract with Hinderliter, de Llamas & Associates (HdL) to provide sales tax consulting/auditing services. Staff meets quarterly with a representative of HdL to review sales tax results and trends within the City and State-wide. Attached is the "National City Sales Tax Update" newsletter for the third quarter of calendar year 2019, which summarizes sales tax data for the period. FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: `��Q XG FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Accept and file the report. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: National City Sales Tax Update Newsletter — Third Quarter 2019 366 of 696 National City In Brief ational City's receipts from July through September were 5.1% below the third sales period in 2018. However, this comparison is skewed due to the CDTFA's transi- tion to a new reporting system in the prior year when additional payments were received by the City. Excluding reporting aberrations, actual sales were up 5.4°/0. The City continued its recent trend of solid new and used auto sales helping boost results. Improved summer returns from multiple gen- eral consumer categories including large retailers and home furnishing merchants also enhanced revenue. These local point of sale improve- ments combined with increased tax- es collected for online purchases of items shipped into the region com- pared to last year, boosted alloca- tions from the countywide use tax pool, further contributing to the pos- itive outcome. Voter -approved Measure D gen- erated an additional $3,205,330, or 3.9% decrease over last year, was also dramatically impacted by CDTFA software changes. Once adjusted, the measure experienced a strong 6.9% increase. Net of aberrations, taxable sales for all of San Diego County grew 2.8% over the comparable time pe- riod; the Southern California region was up 2.8%. CALIFORNIA NATIONAL CITY 1,(701ir..nAr.0 a National City Sales Tax Update Fourth Quarter Receipts for Third Quarter Sales (July - September 2019) SALES TAX BY MAJOR BUSINESS GROUP $1,800,000 $1,600,000 $1,400,000 $1,200,000 51,000,000 $800.000 $600.000 $400.000 $200.000 50 Autos and Transportation L_ General Consumer Goods 'Allocation aberrations have been adjusted to reflect sales activity County and State Pools TOP 25 PRODUCERS IN ALPHABETICAL ORDER ABC Supply Co Arco Arco AM PM Ball Mitsubishi Frank Hyundai Frank Subaru Frank Toyota In N Out Burger JC Penney Macys Mossy Nissan National City Auto Center National City Gas & Carwash Nordstrom Rack Perry Chrysler Dodge Jeep Ram Perry Ford Probuild Company Ron Baker Chevrolet Ross South Bay Volkswagen South County Buick GMC Target USA Gasoline Walmart Supercenter Westair Gases & Equipment Restaurants and Hotels 3rd Quarter 2018' 3rd Quarter 2019" 1Ii Fue and Service Stations Business and Industry Building and Construction Food and Drugs REVENUE COMPARISON One Quarter — Fiscal Year To Date (Q3) 2018-19 2019-20 Point -of -Sale $4,511,586 $4,197,172 County Pool 678,229 726,355 State Pool 2,345 1,685 Gross Receipts $5,192,161 $4,925,212 Measure D $3,336,821 $3,205,330 Published by HdL Companies in Winter 2020 u 1►C_r' www.hdlcompanies.com 888.861.0220 n 367 of 696 Q3 2019 National City Sales Tax Update Statewide Results The local one -cent share of statewide sales and use tax from sales occurring July through September was 2.2% high- er than the summer quarter of 2018 after adjusting for accounting anomalies. The bulk of the increase came from the countywide use tax allocation pools and is due to the acceleration in online shop- ping where a large volume of the orders are shipped from out-of-state. Online shopping also produced gains in the business -industrial group with in -state industrial zoned logistics cen- ters filling orders previously taken by brick and mortar retailers. Purchases to support healthcare, food processing, logistics/warehouse operations and in- formation/data technology also helped offset declines in other business -related categories. With the exception of some discount and value -oriented retail, most categories of general consumer goods were down. New cannabis related start-ups offset declines in the food and drug group while a softening in building -construc- tion receipts was consistent with recent declines in the volume and value of new building permit issuances. Overall growth in restaurant receipts continued to soften with a shift toward lower cost dining establishments and takeout meal options. Reports of labor shortages and the impact of homeless- ness on customer traffic in metropolitan areas were reportedly factors in the de- cline in tax revenues from higher price, fine dining establishments. Despite a slight uptick in used auto and auto lease receipts, the auto related group was significantly down due to a drop in new car and RV sales. Previously propped up by a 23% subprime rated customer base and six- and seven-year financing, loan delinquencies have re- cently surged back to levels last seen in 2009. Additional Tax Districts Approved Voters approved eight of the nine sales tax measures on the November 2019 ballot adding six new districts and ex- tending two others. This brings the total number of lo- cal transactions and use tax districts (TUT's) to 325 with 62 that are lev- ied countywide and 263 imposed by individual cities. The number of local districts have close to tripled over the last decade as agencies deal with rising costs and service needs. TUT's have been a favorable option as visitors contribute to the tax and a collection system is already in place that minimizes administrative and monitoring costs. California's basic rule is that the rate for all local TUT's combined, shall not exceed 2.0% or a total of 9.25% includ- ing the state levy. However, the state legislature has authorized higher caps in some jurisdictions with the highest voter -approved, combined state/local rate now at 10.5%. Thirty-five or more additional local TUT measures are currently being considered for the March 2020 ballot. SALES PER CAPITA* $8,000 $6,000 $4,000 $2,000 $o Q3 16 National City Q3 17 County 'Allocation aberrations have been adjusted to reflect sales activity Q3 18 Q3 19 California EVENUE BY BUSINESS GROUP National City This Quarter* Autos/Trans. 35% Food/Drugq 3%g "' ' ° JBus./Ind. Fuel 5% 5% 5% Cons.Goods 22% 'Allocation aberrations have been adjusted to reflect sales activity Pools 14% Restaurants 11% NATIONAL CITY TOP 15 BUSINESS TYPES** *In thousands of dollars Business Type Auto Lease Building Materials Casual Dining Department Stores Discount Dept Stores Drugs/Chemicals Electronics/Appliance Stores Family Apparel New Motor Vehicle Dealers Quick -Service Restaurants Service Stations Shoe Stores Specialty Stores Used Automotive Dealers Women's Apparel Total All Accounts County & State Pool Allocation Gross Receipts National City Q3 '19* Change County HdL State Change Change 134.4 22.6% -1.0% 4.6% 187.6 -18.1% 0.3% 0.2% 184.8 1.0% 3.3% 2.3% 132.4 -7.5% -7.3% -9.5% - CONFIDENTIAL - 2.1% 2.8% - CONFIDENTIAL- -3.4% 4.0% 80.3 -3.0% -4.4% -3.1% 213.7 -2.3% 2.6% 1.5% 1,252.9 1.7% -2.3% -7.2% 291.8 7.0% 0.8% 2.6% 264.4 11.7% -3.7% -1.5% 74.7 9.8% -1.3% -1.7% 86.0 7.7% -1.0% 0.3% 128.9 7.0% 1.4% 2.1% 61.1 -11.1% -7.6% -5.6% 4,172.9 3.1°/a 0.6% 0.3% 696.2 21.7% 18.3% 14.9% 4,869.2 5.4°/0 2.8% 2.3% ** Accounting aberrations such as late payments, fund transfers, and audit adjustments have been adjusted to reflect the quarter in which the sales occurred. 368 of 696 CC/CDC-HA Agenda 3/17/2020 — Page 369 The following page(s) contain the backup material for Agenda Item: Investment transactions for the month ended October 31, 2019. (Finance) Please scroll down to view the backup material. 369 of 696 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 17, 2020 AGENDA ITEM NO.: ITEM TITLE: Investment transactions for the month ended October 31, 2019. PREPARED BY: R.ay. Gt4€441, DEPARTMENT: Finance���� PHONE: 619-336-4346 APPROVED BY: L6'v/a4 Xa- EXPLANATION: In accordance with California Government Code Section 53646 and Section XIIA of the City of National City's investment policy, a monthly report shall be submitted to the legislative body accounting for transactions made during the reporting period. The attached listing reflects investment transactions of the City of National City's investment portfolio for the month ending October 31, 2019. FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: `i* /ea,t4. FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Accept and file the Investment Transaction Ledger for the month ended October 31, 2019. BOARD / COMMISSION RECOMMENDATION: NA ATTACHMENTS: Investment Transaction Ledger 370 of 696 City of National City Consolidated Account#10218 Transaction Ledger As of October 31, 2019 CM Transaction Settlement Type Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss ACQUISITIONS Purchase 10/01/2019 60934N807 245.99 Federated Investors Govt Oblig Fund Inst. 1.000 1.61% 245.99 0.00 245.99 0.00 Purchase 10/02/2019 60934N807 450,000.00 Federated Investors Govt Oblig Fund 1.000 1.61% 450,000.00 0.00 450,000.00 0.00 Inst. Purchase 10/02/2019 60934N807 2,812.50 Federated Investors Govt Oblig Fund Inst. 1.000 1.61% 2,812.50 0.00 2,812.50 0.00 Purchase 10/05/2019 60934N807 5,000.00 Federated Investors Govt Oblig Fund 1.000 1.61% 5,000.00 0.00 5,000.00 0.00 Inst. Purchase 10/13/2019 60934N807 3,750.00 Federated Investors Govt Oblig Fund 1.000 1.61% 3,750.00 0.00 3,750.00 0.00 Inst. Purchase 10/15/2019 60934N807 211.79 Federated Investors Govt Oblig Fund 1.000 1.61% 211.79 0.00 211.79 0.00 Inst. Purchase 10/15/2019 60934N807 148.33 Federated Investors Govt Oblig Fund 1.000 1.61% 148.33 0.00 148.33 0.00 Inst. Purchase 10/15/2019 60934N807 475.00 Federated Investors Govt Oblig Fund 1.000 1.61% 475.00 0.00 475.00 0.00 Inst. Purchase 10/15/2019 60934N807 482.50 Federated Investors Govt Oblig Fund Inst. Purchase 10/15/2019 60934N807 280.25 Federated Investors Govt Oblig Fund Inst. Purchase 10/15/2019 60934N807 36,221.08 Federated Investors Govt Oblig Fund Inst. 1.000 1.61% 482.50 0.00 482.50 0.00 1.000 1.61% 280.25 1.000 1.61% 36,221.08 Purchase 10/15/2019 60934N807 16,760.90 Federated Investors Govt Oblig Fund Inst. 1.000 1.61% 16,760.90 0.00 280.25 0.00 0.00 36,221.08 0.00 0.00 16,760.90 0.00 Purchase 10/15/2019 60934N807 9,365.82 Federated Investors Govt Oblig Fund 1.000 1.61% 9,365.82 0.00 9,365.82 0.00 Inst. Purchase 10/15/2019 90LAIF$00 160,920.68 Local Agency Investment Fund State 1.000 2.25% 160,920.68 0.00 160,920.68 0.00 Pool Purchase 10/18/2019 60934N807 438.96 Federated Investors Govt Oblig Fund 1.000 1.61% 438.96 0.00 438.96 0.00 Inst. Purchase 10/18/2019 60934N807 309.38 Federated Investors Govt Oblig Fund 1.000 1.61% 309.38 0.00 Inst. 309.38 0.00 Chandler Asset Management Paee 10 Execution Time: 12/10/201S 371 of 696 City of National City Consolidated Account #10218 Transaction Ledger As of October 31, 2019 CAS Transaction Settlement Type Date ACQUISITIONS CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss Purchase Purchase Purchase 10/20/2019 60934N807 3,162.50 Federated Investors Govt Oblig Fund Inst. 1.000 1.61% 3,162.50 0.00 3,162.50 0.00 10/21/2019 60934N807 626.87 Federated Investors Govt Oblig Fund 1.000 1.61% Inst. 626.87 0.00 626.87 0.00 10/21/2019 89238KAD4 232,390.88 Toyota Auto Receivables Trust 2017-D 99.977 1.97% 232,336.41 74.75 232,411.16 0.00 A3 1.93% Due 1/18/2022 Purchase 10/22/2019 60934N807 600,000.00 Federated Investors Govt Oblig Fund 1.000 1.61% 600,000.00 0.00 600,000.00 0.00 Inst. Purchase 10/23/2019 65479JAD5 360,000.00 Nissan Auto Receivables Owner 2019-C 99.995 1.94% 359,980.99 0.00 359,980.99 0.00 A3 1.93% Due 7/15/2024 Purchase 10/30/2019 3130A2UW4 300,000.00 FHLB Note 105.158 1.76% 315,474.00 1,126.04 316,600.04 0.00 2.875% Due 9/13/2024 Purchase 10/31/2019 60934N807 3,437.50 Federated Investors Govt Oblig Fund 1.000 1.49% 3,437.50 0.00 3,437.50 0.00 Inst. Subtotal 2,187,040.93 2,202,441.45 1,200.79 2,203,642.24 0.00 Security Contribution 10/31/2019 AB2NNB$00 241,000.00 Amalgamated Bank Amalgamated Bank 100.000 1.479% Due 8/20/2020 241,000.00 694.35 241,694.35 0.00 Security 10/31/2019 BC2NNB$00 241,000.00 Bank of China Bank of China 100.000 241,000.00 694.35 241,694.35 0.00 Contribution 1.479% Due 8/20/2020 Security 10/31/2019 BK2NNB$00 241,000.00 BOKF, National Association BOKF, Contribution National Association 1.479% Due 8/20/2020 100.000 241,000.00 694.35 241,694.35 0.00 Security 10/31/2019 CD2NNB$00 241,000.00 Cadence Bank, N.A Cadence Bank, N.A 100.000 241,000.00 694.35 241,694.35 0.00 Contribution 1.479% Due 8/20/2020 Security 10/31/2019 HP2NNB$00 241,000.00 Bank of Hapoalim B.M Bank of Contribution Hapoalim B.M 1.479% Due 8/20/2020 100.000 241,000.00 694.35 Security 10/31/2019 OZ2NNB$00 241,000.00 Bank OZK Bank OZK Contribution 1.479% Due 8/20/2020 Security 10/31/2019 S12NNB$00 Contribution 100.000 241,000.00 Simmons Bank Simmons Bank 1.479% Due 8/20/2020 241,694.35 0.00 241,000.00 694.35 241,694.35 0.00 100.000 241,000.00 694.35 241,694.35 0.00 Chandler Asset Management Paee 11 Execution Time: 12/10/201S 372 of 696 City of National City Consolidated Account #10218 Transaction Ledger As of October 31, 2019 CAS Transaction Type Settlement Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss ACQUISITIONS Security Contribution 10/31/2019 SS2NNB$00 9,220.57 Southern States Bank Southern States 100.000 Bank 1.479% Due 8/20/2020 Security 10/31/2019 SY2NNB$00 Contribution 62,779.43 Sunergy Bank Synergy Bank 1.479% Due 8/20/2020 9,220.57 26.15 9,246.72 0.00 100.000 62,779.43 180.87 62,960.30 0.00 Security 10/31/2019 TW2NNB$00 Contribution 241,000.00 TowneBank TowneBank 1.479% Due 8/20/2020 100.000 241,000.00 683.60 241,683.60 0.00 Subtotal 2,000,000.00 2,000,000.00 5,751.07 2,005,751.07 0.00 TOTAL ACQUISITIONS 4,187,040.93 4,202,441.45 6,951.86 4,209,393.31 0.00 DISPOSITIONS Sale Sale 10/21/2019 60934N807 232,411.16 Federated Investors Govt Oblig Fund Inst. 10/23/2019 60934N807 1.000 1.61% 232,411.16 0.00 232,411.16 0.00 359,980.99 Federated Investors Govt Oblig Fund Inst. 1.000 1.61% 359,980.99 0.00 359,980.99 0.00 Sale 10/30/2019 60934N807 316,600.04 Federated Investors Govt Oblig Fund Inst. 1.000 1.61% 316,600.04 0.00 316,600.04 0.00 Subtotal 908,992.19 908,992.19 0.00 908,992.19 0.00 Paydown 10/15/2019 02582JHE3 0.00 American Express Credit Trust 2017-3 A 100.000 1.77% Due 11/15/2022 0.00 280.25 280.25 0.00 Paydown 10/15/2019 02587AAJ3 0.00 American Express Credit Trust 2017-1 A 100.000 1.93% Due 9/15/2022 0.00 482.50 482.50 0.00 Paydown Paydown 10/15/2019 43815NAC8 10/15/2019 477870AC3 0.00 Honda Auto Receivables Trust 2019-3 100.000 A3 1.78% Due 8/15/2023 0.00 148.33 148.33 0.00 0.00 John Deere Owner Trust 2019-B A3 2.21% Due 12/15/2023 100.000 0.00 211.79 211.79 0.00 Paydown 10/15/2019 47788EAB4 35,691.41 John Deere Owner Trust 2018-B A2 2.83% Due 4/15/2021 100.000 35,691.41 529.67 36,221.08 1.46 Paydown 10/15/2019 47789JAB2 0.00 John Deere Owner Trust 2019-A A2 2.85% Due 12/15/2021 100.000 0.00 475.00 475.00 0.00 Chandler Asset Management Paee 12 Execution Time: 12/10/201t 373 of 696 City of National City Consolidated Account#10218 Transaction Ledger As of October 31, 2019 CM Transaction Type Settlement Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss DISPOSITIONS Paydown 10/15/2019 89238BAB8 Paydown 10/15/2019 89238KAD4 Paydown 10/18/2019 43814UAG4 16,699.58 Toyota Auto Receivables Trust 2018-A 100.000 A2A 2.1% Due 10/15/2020 9,156.74 Toyota Auto Receivables Trust 2017-D 100.000 A3 1.93% Due 1/18/2022 16,699.58 61.32 16,760.90 1.71 9,156.74 209.08 9,365.82 70.11 0.00 Honda Auto Receivables Trust 2018-2 100.000 A3 3.01% Due 5/18/2022 0.00 438.96 438.96 0.00 Paydown 10/18/2019 43814WAB1 0.00 Honda Auto Receivables Trust 2019-1 A2 2.75% Due 9/20/2021 100.000 0.00 309.38 309.38 0.00 Paydown 10/21/2019 43815HAC1 0.00 Honda Auto Receivables Trust 2018-3 100.000 A3 2.95% Due 8/22/2022 0.00 626.87 626.87 0.00 Subtotal 61,547.73 61,547.73 3,773.15 65,320.88 73.28 Maturity 10/02/2019 3137EADM8 Maturity 10/22/2019 62479MXN8 450,000.00 FHLMC Note 1.25% Due 10/2/2019 100.000 600,000.00 MUFG Bank Ltd/NY Discount CP 2.27% Due 10/22/2019 99.218 450,000.00 0.00 450,000.00 5,177.25 595,308.67 4,691.33 600,000.00 0.00 Subtotal 1,050,000.00 1,045,308.67 4,691.33 1,050,000.00 5,177.25 Security Withdrawal Security Withdrawal 10/07/2019 60934N807 10/15/2019 90LAIF$00 Security Withdrawal 10/31/2019 90SDCP$00 2,251.13 Federated Investors Govt Oblig Fund Inst. 1,000,000.00 Local Agency Investment Fund State Pool 1.000 2,251.13 0.00 1.000 91,000.00 County of San Diego Pooled Investment 1.000 Pool 1,000,000.00 2,251.13 0.00 1,000,000.00 91,000.00 0.00 91,000.00 0.00 0.00 0.00 Subtotal 1,093,251.13 1,093,251.13 0.00 1,093,251.13 0.00 TOTAL DISPOSITIONS 3,113,791.05 3,109,099.72 8,464.48 3,117,564.20 5,250.53 Chandler Asset Management Page 13 Execution Time: 12/10/201S 374 of 696 City of National City Consolidated Account#10218 Transaction Ledger As of October 31, 2019 CM Transaction Type Settlement Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss OTHER TRANSACTIONS Interest 10/02/2019 3137EADM8 450,000.00 FHLMC Note 1.25% Due 10/2/2019 0.000 2,812.50 0.00 2,812.50 0.00 Interest 10/05/2019 3135G0T78 500,000.00 FNMA Note 2% Due 10/5/2022 0.000 5,000.00 0.00 5,000.00 0.00 Interest 10/13/2019 3135G0U27 300,000.00 FNMA Note 2.5% Due 4/13/2021 0.000 3,750.00 0.00 3,750.00 0.00 Interest 10/20/2019 3137EAEF2 460,000.00 FHLMC Note 1.375% Due 4/20/2020 0.000 3,162.50 0.00 3,162.50 0.00 Interest 10/31/2019 912828Q78 500,000.00 US Treasury Note 1.375% Due 4/30/2021 0.000 3,437.50 0.00 3,437.50 0.00 Subtotal 2,210,000.00 18,162.50 0.00 18,162.50 0.00 Dividend 10/02/2019 60934N807 96,821.44 Federated Investors Govt Oblig Fund Inst. 0.000 245.99 0.00 245.99 0.00 Dividend 10/15/2019 90LAIF$00 2,415,153,355.60 Local Agency Investment Fund State Pool 0.000 160,920.68 0.00 160,920.68 0.00 Subtotal 2,415,250,177.04 161,166.67 0.00 161,166.67 0.00 TOTAL OTHER TRANSACTIONS 2,417,460,177.04 179,329.17 0.00 179,329.17 0.00 Chandler Asset Management Page 14 Execution Time: 12/10/201S 375 of 696 CC/CDC-HA Agenda 3/17/2020 — Page 376 The following page(s) contain the backup material for Agenda Item: Investment transactions for the month ended November 30, 2019. (Finance) Please scroll down to view the backup material. 376 of 696 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 17, 2020 AGENDA ITEM NO.: ITEM TITLE: Investment transactions for the month ended November 30, 2019. PREPARED BY: R.ay. Gt4€441, DEPARTMENT: Finance�� PHONE: 619-336-4346 APPROVED BY: LOA7;-74 ,e4 EXPLANATION: In accordance with California Government Code Section 53646 and Section XIIA of the City of National City's investment policy, a monthly report shall be submitted to the legislative body accounting for transactions made during the reporting period. The attached listing reflects investment transactions of the City of National City's investment portfolio for the month ending November 30, 2019. FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: `6!"v/62XG!. FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Accept and file the Investment Transaction Ledger for the month ended November 30, 2019. BOARD / COMMISSION RECOMMENDATION: NA ATTACHMENTS: Investment Transaction Ledger 377 of 696 City of National City Consolidated Account#10218 Transaction Ledger As of November 30, 2019 CM Transaction Settlement Type Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss ACQUISITIONS Purchase 11/01/2019 60934N807 3,128.13 Federated Investors Govt Oblig Fund Inst. 1.000 1.49% 3,128.13 0.00 3,128.13 0.00 Purchase 11/03/2019 60934N807 7,500.00 Federated Investors Govt Oblig Fund Inst. 1.000 1.49% 7,500.00 0.00 7,500.00 0.00 Purchase 11/04/2019 60934N807 732.19 Federated Investors Govt Oblig Fund 1.000 1.49% 732.19 0.00 732.19 0.00 Inst. Purchase 11/11/2019 60934N807 6,000.00 Federated Investors Govt Oblig Fund 1.000 1.49% 6,000.00 0.00 6,000.00 0.00 Inst. Purchase 11/15/2019 60934N807 11,500.00 Federated Investors Govt Oblig Fund 1.000 1.49% 11,500.00 0.00 11,500.00 0.00 Inst. Purchase 11/15/2019 60934N807 424.60 Federated Investors Govt Oblig Fund 1.000 1.49% 424.60 0.00 424.60 0.00 Inst. Purchase 11/15/2019 60934N807 211.79 Federated Investors Govt Oblig Fund 1.000 1.49% 211.79 0.00 211.79 0.00 Inst. Purchase 11/15/2019 60934N807 482.50 Federated Investors Govt Oblig Fund 1.000 1.49% 482.50 0.00 482.50 0.00 Inst. Purchase 11/15/2019 60934N807 280.25 Federated Investors Govt Oblig Fund Inst. Purchase 11/15/2019 60934N807 148.33 Federated Investors Govt Oblig Fund Inst. Purchase 11/15/2019 60934N807 42,203.46 Federated Investors Govt Oblig Fund Inst. Purchase 11/15/2019 60934N807 15,734.85 Federated Investors Govt Oblig Fund Inst. 1.000 1.49% 280.25 0.00 280.25 0.00 1.000 1.49% 148.33 1.000 1.49% 42,203.46 1.000 1.49% 15,734.85 Purchase 11/15/2019 60934N807 16,773.08 Federated Investors Govt Oblig Fund Inst. 1.000 1.49% 0.00 148.33 0.00 0.00 42,203.46 0.00 0.00 15,734.85 0.00 16,773.08 0.00 16,773.08 0.00 Purchase 11/15/2019 60934N807 27,738.64 Federated Investors Govt Oblig Fund 1.000 1.49% 27,738.64 0.00 27,738.64 0.00 Inst. Purchase 11/17/2019 60934N807 5,625.00 Federated Investors Govt Oblig Fund 1.000 1.49% 5,625.00 0.00 5,625.00 0.00 Inst. Purchase 11/18/2019 60934N807 4,300.00 Federated Investors Govt Oblig Fund 1.000 1.49% 4,300.00 0.00 4,300.00 Inst. 0.00 Chandler Asset Management Paee 10 Execution Time: 2/6/2020 378 of 696 City of National City Consolidated Account#10218 Transaction Ledger As of November 30, 2019 CM Transaction Type Settlement Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss ACQUISITIONS Purchase 11/18/2019 60934N807 438.96 Federated Investors Govt Oblig Fund Inst. 1.000 1.49% 438.96 0.00 438.96 0.00 Purchase 11/18/2019 60934N807 8,171.98 Federated Investors Govt Oblig Fund Inst. 1.000 1.49% 8,171.98 0.00 8,171.98 0.00 Purchase 11/19/2019 60934N807 3,900.00 Federated Investors Govt Oblig Fund Inst. 1.000 1.49% 3,900.00 0.00 3,900.00 0.00 Purchase 11/21/2019 161571GX6 400,000.00 Chase Issuance Trust 2015-A4 A4 1.84% Due 4/15/2022 99.984 1.91% 399,937.50 122.67 400,060.17 0.00 Purchase 11/21/2019 60934N807 626.87 Federated Investors Govt Oblig Fund Inst. 1.000 1.49% 626.87 0.00 626.87 0.00 Purchase 11/29/2019 60934N807 5,296.88 Federated Investors Govt Oblig Fund Inst. 1.000 1.31% 5,296.88 0.00 5,296.88 0.00 Purchase Purchase 11/30/2019 60934N807 11/30/2019 60934N807 450,000.00 Federated Investors Govt Oblig Fund Inst. 24,006.25 Federated Investors Govt Oblig Fund Inst. 1.000 1.31% 450,000.00 1.000 1.31% 24,006.25 0.00 0.00 450,000.00 24,006.25 0.00 0.00 Subtotal 1,035,223.76 1,035,161.26 122.67 1,035,283.93 0.00 TOTAL ACQUISITIONS 1,035,223.76 1,035,161.26 122.67 1,035,283.93 0.00 DISPOSITIONS Sale 11/21/2019 60934N807 400,060.17 Federated Investors Govt Oblig Fund Inst. 1.000 1.49% 400,060.17 0.00 400,060.17 0.00 Subtotal 400,060.17 400,060.17 0.00 400,060.17 0.00 Paydown 11/15/2019 02582JHE3 0.00 American Express Credit Trust 2017-3 A 100.000 1.77% Due 11/15/2022 0.00 280.25 280.25 0.00 Paydown 11/15/2019 02587AAJ3 0.00 American Express Credit Trust 2017-1 A 100.000 1.93% Due 9/15/2022 0.00 482.50 482.50 0.00 Chandler Asset Management Paee 11 Execution Time: 2/6/2020 379 of 696 City of National City Consolidated Account#10218 Transaction Ledger As of November 30, 2019 CM Transaction Settlement Type Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss DISPOSITIONS Paydown 11/15/2019 43815NAC8 Paydown Paydown 11/15/2019 477870AC3 11/15/2019 47788EAB4 0.00 Honda Auto Receivables Trust 2019-3 100.000 A3 1.78% Due 8/15/2023 0.00 John Deere Owner Trust 2019-B A3 100.000 2.21% Due 12/15/2023 0.00 148.33 148.33 0.00 0.00 211.79 211.79 0.00 41,757.96 John Deere Owner Trust 2018-B A2 100.000 41,757.96 445.50 42,203.46 1.71 2.83% Due 4/15/2021 Paydown 11/15/2019 47789JAB2 15,259.85 John Deere Owner Trust 2019-A A2 100.000 15,259.85 475.00 15,734.85 0.70 2.85% Due 12/15/2021 Paydown Paydown Paydown 11/15/2019 65479JAD5 11/15/2019 89238BAB8 11/15/2019 89238KAD4 0.00 Nissan Auto Receivables Owner 2019-C 100.000 A3 1.93% Due 7/15/2024 16,740.98 Toyota Auto Receivables Trust 2018-A 100.000 A2A 2.1% Due 10/15/2020 27,170.52 0.00 424.60 16,740.98 32.10 Toyota Auto Receivables Trust 2017-D 100.000 A3 1.93% Due 1/18/2022 27,170.52 568.12 424.60 0.00 16,773.08 1.72 27,738.64 75.36 Paydown 11/18/2019 43814UAG4 0.00 Honda Auto Receivables Trust 2018-2 100.000 0.00 438.96 438.96 0.00 A3 3.01% Due 5/18/2022 Paydown 11/18/2019 43814WAB1 7,862.60 Honda Auto Receivables Trust 2019-1 100.000 7,862.60 309.38 8,171.98 0.51 A2 2.75% Due 9/20/2021 Paydown 11/21/2019 43815HAC1 0.00 Honda Auto Receivables Trust 2018-3 100.000 0.00 626.87 626.87 0.00 A3 2.95% Due 8/22/2022 Subtotal 108,791.91 108,791.91 4,443.40 113,235.31 80.00 Maturity 11/30/2019 912828UB4 450,000.00 US Treasury Note 1% Due 11/30/2019 100.000 450,000.00 0.00 450,000.00 6,818.80 Subtotal 450,000.00 450,000.00 0.00 450,000.00 6,818.80 Security Withdrawal 11/05/2019 60934N807 2,253.74 Federated Investors Govt Oblig Fund Inst. 1.000 2,253.74 0.00 2,253.74 0.00 Chandler Asset Management Page 12 Execution Time: 2/6/2020 380 of 696 City of National City Consolidated Account #10218 Transaction Ledger As of November 30, 2019 CAS Transaction Settlement Type Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss DISPOSITIONS Security Withdrawal 11/30/2019 90SDCP$00 5,377,000.00 County of San Diego Pooled Investment 1.000 Pool 5,377,000.00 0.00 5,377,000.00 0.00 Subtotal 5,379,253.74 5,379,253.74 0.00 5,379,253.74 0.00 TOTAL DISPOSITIONS 6,338,105.82 6,338,105.82 4,443.40 6,342,549.22 6,898.80 OTHER TRANSACTIONS Interest 11/01/2019 3137EADR7 455,000.00 FHLMC Note 1.375% Due 5/1/2020 0.000 3,128.13 0.00 3,128.13 0.00 Interest 11/03/2019 037833AK6 400,000.00 Apple Inc Note 2.4% Due 5/3/2023 0.000 4,800.00 0.00 4,800.00 0.00 Interest 11/03/2019 594918BG8 270,000.00 Microsoft Callable Note Cont. 10/3/2020 2% Due 11/3/2020 0.000 2,700.00 0.00 2,700.00 0.00 Interest 11/11/2019 369550BE7 400,000.00 General Dynamics Corp Note 0.000 6,000.00 0.00 6,000.00 0.00 3% Due 5/11/2021 Interest 11/15/2019 459200HM6 400,000.00 IBM Corp Note 1.625% Due 5/15/2020 0.000 3,250.00 0.00 3,250.00 0.00 Interest 11/15/2019 912828WE6 600,000.00 US Treasury Note 2.75% Due 11/15/2023 0.000 8,250.00 0.00 8,250.00 0.00 Interest 11/17/2019 3137EAEK1 600,000.00 FHLMC Note 1.875% Due 11/17/2020 0.000 5,625.00 0.00 5,625.00 0.00 Interest 11/18/2019 22160KAJ4 400,000.00 Costco Wholesale Corp Callable Note 0.000 Cont 4/18/2021 2.15% Due 5/18/2021 4,300.00 0.00 4,300.00 0.00 Interest 11/19/2019 857477AV5 400,000.00 State Street Bank Note 1.95% Due 5/19/2021 0.000 3,900.00 0.00 3,900.00 0.00 Interest 11/29/2019 3130AABG2 565,000.00 FHLB Note 1.875% Due 11/29/2021 0.000 5,296.88 0.00 5,296.88 0.00 Chandler Asset Management Paee 13 Execution Time: 2/6/2020 381 of 696 City of National City Consolidated Account#10218 Transaction Ledger As of November 30, 2019 CM Transaction Type Settlement Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss OTHER TRANSACTIONS Interest 11/30/2019 912828G53 600,000.00 US Treasury Note 1.875% Due 11/30/2021 0.000 5,625.00 0.00 5,625.00 0.00 Interest 11/30/2019 912828M80 600,000.00 US Treasury Note 2% Due 11/30/2022 0.000 6,000.00 0.00 6,000.00 0.00 Interest 11/30/2019 912828M98 570,000.00 US Treasury Note 1.625% Due 11/30/2020 0.000 4,631.25 0.00 4,631.25 0.00 Interest 11/30/2019 912828UB4 450,000.00 US Treasury Note 1% Due 11/30/2019 0.000 2,250.00 0.00 2,250.00 0.00 Interest 11/30/2019 912828WN6 550,000.00 US Treasury Note 2% Due 5/31/2021 0.000 5,500.00 0.00 5,500.00 0.00 Subtotal 7,260,000.00 71,256.26 0.00 71,256.26 0.00 Dividend 11/04/2019 60934N807 322,435.62 Federated Investors Govt Oblig Fund Inst. 0.000 732.19 0.00 732.19 0.00 Subtotal 322,435.62 732.19 0.00 732.19 0.00 TOTAL OTHER TRANSACTIONS 7,582,435.62 71,988.45 0.00 71,988.45 0.00 Chandler Asset Management Page 14 Execution Time: 2/6/2020 382 of 696 CC/CDC-HA Agenda 3/17/2020 — Page 383 The following page(s) contain the backup material for Agenda Item: Investment Report for the quarter ended December 31, 2019. (Finance) Please scroll down to view the backup material. 383 of 696 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 17, 2020 AGENDA ITEM NO.: ITEM TITLE: Investment Report for the quarter ended December 31, 2019. PREPARED BY: IZ d G PHONE: 619-336-4346 EXPLANATION: See attached staff report. DEPARTMENT: Finance�� APPROVED BY: L1'-/a % Xa FINANCIAL STATEMENT: ACCOUNT NO. See attached staff report. APPROVED: `/Z/74, 7a FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Accept and File the Investment Report for the Quarter ended December 31, 2019. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Staff Report 2. Investment Listings 384 of 696 CALIFORNIA NATIONAL Orr � aco INCORPORATED City Council Staff Report March 17, 2020 ITEM Staff Report: Investment Report for the quarter ended December 31, 2019. BACKGROUND The California Government Code (§53646(b)) requires that, when the treasurer or the chief fiscal officer of a local agency renders to the legislative body of the agency a quarterly report on the agency's investment portfolio, such report shall include the following information regarding all securities, investments, and moneys held by the local agency: ➢ type of investment; ➢ issuer (bank or institution); ➢ date of maturity; ➢ dollar amount invested; and ➢ current market valuation as of the date of the report. In addition, the Government Code (§53646(b)(2)) requires that the report state the City's compliance with its investment policy and include a statement regarding the ability of the local agency to meet its pool's ability to meet its expenditure requirements Code (§53646(b)(3)). OVERVIEW OF CITY INVESTMENTS The City's pooled investment portfolio balance as of December 31, 2019 is summarized below and compared to the balance as of December 31, 2018. Table 1 12/31/2019 12/31/2018 Book Value 1 $ 73,926,014 $ 51,498,361 Market Value 2 $ 74, 521,149 $ 51, 524,456 (1) actual cost of investments (2) amount at which the investments could be sold The County of San Diego Pooled Money Fund and Chandler Asset Management comprise 89.97% of the City of National City's total investment portfolio (47.81% and 42.16%, respectively). These are liquid investment pools that allow participants to earn market rate returns, while retaining access to funds within 24 to 48 hours of a withdrawal request with no 385 of 696 Page 2 Staff Report: Investment Report for the quarter ended December 31, 2019. March 17, 2020 penalty. The remainder of the City's portfolio is composed of investments that may be liquidated at any time. However, these investments likely do not provide the short liquidity (i.e., quick access to funds) of the pooled money funds, and liquidation/withdrawal of these investments is at the risk of loss and/or penalty to the City. Summaries of the City's investment portfolio are illustrated below. INVESTMENT PORTFOLIO SUMMARY BY ISSUER/MANAGER As of December 31, 2019 Table 2 Issuer/Manager Total Market % of Book Value Market Value' YTM Portfolio Chandler Asset Management 30,892,699 31,416,655 1.73% 42.16% County of San Diego 35,589,574 35,629,887 2.02% 47.81% Local Agency Investment Fund 5,433,015 5,474,60 2.04%3 7.35% Neighborhood National Bank (CDARS) 2,010,726 2,000,000 1.49% 2.68% Totals for December 31, 2019 $73,926,014 $74,521,149 100.00% ' includes accrued interest 2 includes LAIF participation factor of 1.001770298 3 calculated on 30/360 basis TOTAL MARKET VALUE $74,521,149 LAIF CDARS $5.474,607 $2,000,000 Chandler Asset Management $31,416,655 386 of 696 Page 3 Staff Report: Investment Report for the quarter ended December 31, 2019. March 17, 2020 Table 3 INVESTMENT PERFORMANCE BY ISSUER/MANAGER For the Quarter Ended December 31, 2019 Total Market Valuer Issuer/Manager Period Yield 12/31/19 9/30/19 Change Return (Net)3 Chandler Asset Management $31,416,655 $31,256,160 $160,495 0.54% NA County of San Diego $35,629,887 $40,611,000 (4,981,113) 0.22% 0.90% Local Agency Investment Fund $5,474,607 $6,443,319 ($968,711) 0.58% 2.32% Neighborhood National Bank (CDARS $2,000,000 $2,000,000 $0 0.001% 0.00% Totals for December 31, 2019 $74,521,149 $78,310,479 ($5,789,329)2 0.93% 4 ' includes accrued interest 2 total include withdrawal(s) of: $5,000,000 (11/27/19); $1,000,000 (10/15/19) 3 annualized 4 weighted COMPLIANCE STATEMENT All of the City's investments are in compliance with the City's investment policy (City Council Policy No. 203) and the California Government Code (§53601 et seq). FINANCIAL STATEMENT Realized and unrealized gains for the period, reflected below, were $276,470. These changes include changes in security market values, gain or loss from the sale of assets, accrued interest, and reinvested interest/earnings. Table 4 Issuer/Manager Gain/(Loss) Chandler Asset Management $ 55,026 County of San Diego 182,494 Neighborhood National Bank (CDARS) 6,976 LAIF 31,974 Totals for December 31, 2019 $ 276,470 The difference between the changes reflected in the previous two tables is attributable to the purchase and sale of securities for which the first of the tables accounts but the second table typically does not (unless an investment is sold before maturity). STAFF CERTIFICATION Staff certifies that there are sufficient funds to meet the pool's expenditure requirements. RECOMMENDATIONS Accept and file the Investment Report for the quarter ended December 31, 2019. 387 of 696 2/5/2020 LAIF Regular Monthly Statement California State Treasurer Fiona Ma, CPA Local Agency Investment Fund P.O. Box 942809 Sacramento, CA 94209-0001 (916) 653-3001 CITY OF NATIONAL CITY FINANCE DIRECTOR 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4397 Account Number: 98-37-576 December 2019 Statement Account Summary Total Deposit: Total Withdrawal: February 05, 2020 LAIF Home PMIA Average Monthly Yields Tran Type Definitions 0.00 Beginning Balance: 0.00 Ending Balance: 5,433,014.83 5,433,014.83 https://laifms.treasurer.ca.gov/RegularStatementaspx 388 of 696 12/17/2019 LAIF Regular Monthly Statement California State Treasurer Fiona Ma, CPA Local Agency Investment Fund P.O. Box 942809 Sacramento, CA 94209-0001 (916) 653-3001 CITY OF NATIONAL CITY FINANCE DIRECTOR 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4397 Account Number: 98-37-576 November 2019 Statement Account Summary Total Deposit: Total Withdrawal: December 17, 2019 LAIF Home PMIA Average Monthly Yields Tran Type Definitions 0.00 Beginning Balance: 0.00 Ending Balance: 5,433,014.83 5,433,014.83 https://laifms.treasurer.ca.gov/RegularStatementaspx 389 of 696 11/27/2019 LAIF Regular Monthly Statement California State Treasurer Fiona Ma, CPA Local Agency Investment Fund P.O. Box 942809 Sacramento, CA 94209-0001 (916) 653-3001 CITY OF NATIONAL CITY FINANCE DIRECTOR 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4397 Account Number: 98-37-576 October 2019 Statement Effective Transaction Tran Confirm Date Date Type Number 10/15/2019 10/15/2019 QRD 1621518 10/15/2019 10/15/2019 RW 1619293 Account Summary Total Deposit: Total Withdrawal: November 27, 2019 LAIF Home PMIA Average Monthly Yields Tran Type Definitions Authorized Caller SYSTEM KARIM GALEANA 160,920.68 Beginning Balance: -1,000,000.00 Ending Balance: Amount 160,920.68 -1,000,000.00 6,272,094.15 5,433,014.83 https://laifms.treasurer.ca.gov/RegularStatementaspx 390 of 696 BETTY T. YEE California State Controller LOCAL AGENCY INVESTMENT FUND REMITTANCE ADVICE Agency Name Account Number NATIONAL CITY 98-37-576 As of 01/15/2020, your Local Agency Investment Fund account has been directly credited with the interest earned on your deposits for the quarter ending 12/31/2019. Earnings Ratio Interest Rate Dollar Day Total Quarter End Principal Balance Quarterly Interest Earned .00006250085778970 2.29% 511,584,474.84 5,433,014.83 31,974.47 391 of 696 o4.q\NVEST41._ State of California PM'A 9� Pooled Money Investment Account 0-'. y Market Valuation s9F"3'��Jauro��',��� 12/31 /2019 ' Carrying Cost Plus Description Accrued Interest Purch. Amortized Cost Fair Value Accrued Interest United States Treasury: Bills $ 17,174,339,397.43 $ 17,350,129,672.69 $ 17,365,398,000.00 NA Notes $ 30,739,969,843.54 $ 30,731,614,309.82 $ 30,856,016,000.00 $ 123,724,495.00 Federal Agency: SBA $ 563,068,144.49 $ 563,068,144.49 $ 559,814,189.13 $ 1,060,847.49 MBS-REMICs $ 19,117,016.90 $ 19,117,016.90 $ 19,707,931.37 $ 89,294.47 Debentures $ 2,345,173,135.80 $ 2,345,053,344.14 $ 2,358,141,250.00 $ 12,401,929.25 Debentures FR $ - $ - $ - $ - Debentures CL $ 775,000,000.00 $ 775,000,000.00 $ 774,976,000.00 $ 1,472,708.50 Discount Notes $ 8,184,116,847.13 $ 8,212,363,645.77 $ 8,213,758,500.00 NA Supranational Debentures $ 664,499,557.94 $ 664,015,463.49 $ 668,156,900.00 $ 3,146,068.25 Supranational Debentures FR $ 200,189,619.96 $ 200,189,619.96 $ 200,208,546.60 $ 690,069.72 CDs and YCDs FR $ 400,000,000.00 $ 400,000,000.00 $ 400,000,000.00 $ 521,646.05 Bank Notes $ 700,000,000.00 $ 700,000,000.00 $ 700,074,261.44 $ 5,441,333.35 CDs and YCDs $ 15,050,000,000.00 $ 15,050,000,000.00 $ 15,051,899,567.98 $ 80,940,374.96 Commercial Paper $ 6,769,921,930.60 $ 6,795,891,652.80 $ 6,796,111,305.57 NA Corporate: Bonds FR $ - $ - $ - $ - Bonds $ - $ - $ - $ - Repurchase Agreements $ - $ - $ - $ - Reverse Repurchase $ - $ - $ - $ - Time Deposits $ 4,736,240,000.00 $ 4,736,240,000.00 $ 4,736,240,000.00 NA AB 55 & GF Loans $ 605,929,000.00 $ 605,929,000.00 $ 605,929,000.00 NA TOTAL $ 88,927,564,493.79 $ 89,148,611,870.06 $ 89,306,431,452.09 $ 229,488,767.04 Fair Value Including Accrued Interest * Governmental Accounting Standards Board (GASB) Statement #72 Repurchase Agreements, Time Deposits, AB 55 & General Fund loans, and Reverse Repurchase agreements are carried at portfolio book value (carrying cost). $ 89,535,920,219.13 The value of each participating dollar equals the fair value divided by the amortized cost (1.001770298). As an example: if an agency has an account balance of $20,000,000.00, then the agency would report its participation in the LAIF valued at $20,035,405.95 or $20,000,000.00 x 1.001770298. 392 of 696 ICity of National City -Account #10162 MONTHLY ACCOUNT STATEMENT DECEMBER 1, 2019 THROUGH DECEMBER 31, 2019 Chandler Team: For questions about your account, please call (800) 317-4747, or contact operations@chandlerasset.com Custodian Bank of New York Mellon Lauren Dehner (904) 645-1918 CHANDLER ASSET MANAGEMENT chandlerasset,com Information contained herein is confidential. We urge you to compare this statement to the one you receive from your qualified custodian. Please see Important Disclosures. 393 of 696 City of National City Account#10162 Portfolio Summary As of December 31, 2019 CM PORTFOLIO CHARACTERISTICS Average Modified Duration Average Coupon Average Purchase YTM Average Market YTM Average S&P/Moody Rating Average Final Maturity Average Life 1.71 2.13% 2.18% 1.73% AA+/Aa1 1.94 yrs 1.78 yrs SECTOR ALLOCATION Agency US Treasury US Corp ABS- 8.3% Neg CD 2.0% Comm Paper' 1.9% supras 11.6% Money Mkt Fd 10.4% PERFORMANCE REVIEW 32.3% 28.5% 25.0% ACCOUNT SUMMARY Beg. Values as of 11/30/19 End Values as of 12/31/19 Market Value Accrued Interest Total Market Value Income Earned Cont/WD Par Book Value Cost Value 31,204,217 155,489 31,259,860 156,795 31,359,706 54,281 30,893,904 30,844,502 30,844,502 31,416,655 55,026 -2,257 30,922,439 30,892,699 30,892,699 MATURITY DISTRIBUTION 30% 25% 20% 15% 10% 5% 0-.25 .25-.5 .5-1 1-2 2-3 3-4 4-5 5+ Maturity (Yrs) TOP ISSUERS Government of United States Federal Home Loan Bank Federal Home Loan Mortgage Corp Federal National Mortgage Assoc Toyota Motor Corp Apple Inc Honda ABS Toronto Dominion Holdings Total 28.5% 13.9% 10.6% 7.8% 3.3% 2.3% 2.1% 2.0% 70.4% CREDIT QUALITY (S&P) _ ;NR(3.1%) AAA (12.0%) L-- -A (16.6%) Annualized TOTAL RATE OF RETURN 1M 3M YTD 1YR 2YRS 3YRS 5YRS 10YRS 2/29/2012 City of National City ICE BAML 1-3 Yr US Treasury/Agency Index ICE BAML 1-3 Yr US Corp/Govt Rated AAA -A Index 0.19% 0.21% 0.23% 0.54% 0.51% 0.56% 3.90% 3.55% 3.83% 3.90% 3.55% 3.83% 2.80% 2.57% 2.73% 2.12% 1.85% 2.05% 1.61% 1.40% 1.57% N/A N/A N/A 1.22% 1.08% 1.28% Chandler Asset Management - CONFIDENTIAL Paee 1 Execution Time: 1/2/202( 394 of 696 Statement of Compliance As of December 31, 2019 City of National City Assets managed by Chandler Asset Management are in full compliance with state law and with the City's investment policy. ca Category Standard Comment Municipal Securities Treasury Issues Agency Issues Supranationals Banker's Acceptances Commercial Paper FDIC insured Time Deposits/ Certificates of Deposit Negotiable Certificates of Deposit Corporate Medium Term Notes Money Market Mutual Funds Mortgage Pass-throughs and Asset Backed Securities Local Agency Investment Fund (LAIF) Local Government Investment Pools Prohibited Securities Callable Securities Maximum Issuer Maximum maturity "A" rated or better by two NRSROs; 30% maximum; 5% max per issuer; Include bonds of the City, the State of California, any other state, and any local agency within the State of California; Bonds will be registered in the name of the City or held Complies under a custodial agreement at a bank. No Limitation Complies No Limitation Complies "AA" rated category or higher by a NRSRO; 30% maximum; 10% max per issuer; U.S. dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by IBRD, IFC, IADB "A-1" short-term debt rated or higher by at least two NRSROs; and "A" long term debt rated by two NRSROs; 40% maximum; 5% max per issuer; 180 days max maturity Complies "A-1" rated or higher by at least two NRSROs; and "A" rated long term debt by two NRSROs; 25% maximum; 5% max per issuer; 270 days max maturity; Issuer is a corporation organized and operating in the U.S. with assets > $500 million. Amount per institution limited to the max covered under FDIC; 30% maximum combined certificates of deposit including CDARS "A" long-term debt rated or higher by at least two NRSROs; and/or "Al" short-term debt rated or higher by at least two NRSROs; 30% maximum; 5% max per issuer "A" rated category or better by at least two NRSROs; 30% maximum; 5% max per issuer; Issued by corporations organized and operating within the U.S. or by depository institutions licensed by U.S. or any state and operating within the U.S. Highest rating or AAA rated or equivalent by at least two NRSROs; 20% maximum; SEC registered with assets under management in excess of $500 million "AA" rating category or better by a NRSRO; 20% maximum Maximum permitted amount in LAIF; Currently not used by investment adviser San Diego County Investment Pool Inverse floaters; Ranges notes; Interest -only strips from mortgaged backed securities; Zero interest accrual securities; Reverse Repurchase Agreements; Foreign currency denominated sec 20% maximum (does not include "make whole call" securities) 5% max per issuer, except as noted in Section VIII of the investment policy 5 years Complies Complies Complies Complies Complies Complies Complies Complies Complies Complies Complies Complies Complies 395 of 696 City of National City Account #10162 Reconciliation Summary As of December 31, 2019 BOOK VALUE RECONCILIATION BEGINNING BOOK VALUE Acquisition + Security Purchases + Money Market Fund Purchases + Money Market Contributions + Security Contributions + Security Transfers Total Acquisitions $947,927.63 $536,759.69 $0.00 $0.00 $0.00 $30,844,501.58 $1,484,687.32 Dispositions - Security Sales - Money Market Fund Sales - MMF Withdrawals - Security Withdrawals - Security Transfers - Other Dispositions - Maturites - Calls - Principal Paydowns Total Dispositions $0.00 $952,809.00 $2,257.19 $0.00 $0.00 $0.00 $0.00 $400,000.00 $78,158.50 $1,433,224.69 Amortization/Accretion +/- Net Accretion $0.00 $0.00 Gain/Loss on Dispositions +/- Realized Gain/Loss ($3,265.31) ENDING BOOK VALUE ($3,265.31) $30,892,698.90 CAI CASH TRANSACTION SUMMARY BEGINNING BALANCE Acquisition Contributions Security Sale Proceeds Accrued Interest Received Interest Received Dividend Received Principal on Maturities Interest on Maturities Calls/Redemption (Principal) Interest from Calls/Redemption Principal Paydown Total Acquisitions Dispositions Withdrawals Security Purchase Accrued Interest Paid Total Dispositions $0.00 $0.00 $0.00 $54,557.25 $293.94 $0.00 $0.00 $400,000.00 $3,750.00 $78,158.50 $536,759.69 $ 2,257.19 $947,927.63 $4,881.37 $955,066.19 $552,217.34 ENDING BOOK VALUE $133,910.84 Chandler Asset Management - CONFIDENTIAL Paee 3 Execution Time: 1/2/202( 396 of 696 City of National City Account #10162 Income Earned As of December 31, 2019 CM Trade Date CUSIP Security Description Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Accr. Of Discount Inc. Received Amort. Of Premium Ending Accrued Net Accret/Amort Total Interest Income Earned Total Income FIXED INCOME 02582JHE3 American Express Credit Trust 2017-3 A 1.77% Due 11/15/2022 02587AAJ3 American Express Credit Trust 2017-1 A 1.93% Due 09/15/2022 07/03/2018 07/06/2018 190,000.00 186,318.75 0.00 0.00 186,318.75 149.47 280.25 149.47 280.25 0.00 0.00 0.00 280.25 07/16/2018 295,464.84 257.33 0.00 07/18/2018 0.00 482.50 0.00 300,000.00 0.00 257.33 0.00 295,464.84 482.50 482.50 280.25 482.50 02665WAZ4 American Honda Finance Note 2.45% Due 09/24/2020 07/11/2017 405,848.00 1,823.89 0.00 07/14/2017 0.00 0.00 0.00 400,000.00 0.00 2,640.56 0.00 405,848.00 816.67 816.67 816.67 037833AK6 Apple Inc Note 2.4% Due 05/03/2023 Various 395,528.00 746.67 0.00 Various 305,211.00 (720.00) 0.00 700,000.00 0.00 2,706.67 0.00 700, 739.00 1,240.00 1,240.00 1,240.00 06051GEU9 Bank of America Corp Note 3.3% Due 01/11/2023 06406RAA5 Bank of NY Mellon Corp Callable Note Cont 1/7/2022 2.6% Due 02/07/2022 12/27/2018 393,500.00 5,133.33 0.00 12/31/2018 0.00 0.00 0.00 400,000.00 0.00 6,233.33 0.00 393,500.00 1,100.00 1,100.00 1,100.00 08/14/2018 392,152.00 3,293.33 0.00 08/16/2018 0.00 0.00 0.00 400,000.00 0.00 4,160.00 0.00 392,152.00 866.67 866.67 866.67 084670BR8 Berkshire Hathaway Callable Note Cont 1/15/2023 2.75% Due 03/15/2023 08/26/2019 412,068.00 2,322.22 0.00 08/28/2019 0.00 0.00 0.00 400,000.00 0.00 3,238.89 0.00 412,068.00 916.67 916.67 916.67 161571GX6 Chase Issuance Trust 2015-A4 A4 1.84% Due 04/15/2022 11/19/2019 399,937.50 327.11 0.00 11/21/2019 0.00 613.33 0.00 400,000.00 0.00 327.11 0.00 399,937.50 613.33 613.33 613.33 166764AR1 Chevron Corp Callable Note Cont 2/3/2020 1.961% Due 03/03/2020 12/13/2017 399,064.00 1,917.42 0.00 12/15/2017 0.00 0.00 0.00 400,000.00 0.00 2,571.09 0.00 399,064.00 653.67 653.67 653.67 Chandler Asset Management - CONFIDENTIAL Page 15 Execution Time: 1/2/202( 397 of 696 City of National City Account #10162 Income Earned As of December 31, 2019 CA% Trade Date CUSIP Security Description Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Inc. Received Ending Accrued Total Interest Accr. Of Discount Amort. Of Premium Net Accret/Amort Income Earned Total Income 22160KAJ4 Costco Wholesale Corp Callable Note Cont 4/18/2021 2.15% Due 05/18/2021 24422EUR8 John Deere Capital Corp Note 3.45% Due 01/10/2024 07/25/2017 07/28/2017 400,000.00 401, 208.00 0.00 0.00 401, 208.00 310.56 0.00 1,027.22 716.66 0.00 0.00 0.00 716.66 716.66 03/14/2019 408,860.00 03/18/2019 0.00 400,000.00 0.00 408, 860.00 5,405.00 0.00 6,555.00 1,150.00 0.00 0.00 0.00 1,150.00 1,150.00 3130A0F70 FHLB Note 3.375% Due 12/08/2023 01/30/2019 540,734.25 8,514.84 0.00 01/31/2019 0.00 8,859.38 0.00 525,000.00 0.00 1,132.03 0.00 540,734.25 1,476.57 1,476.57 1,476.57 3130A1XJ2 FHLB Note 2.875% Due 06/14/2024 Various 605,009.60 7,735.34 0.00 Various 0.00 8,337.50 0.00 580,000.00 0.00 787.44 0.00 605,009.60 1,389.60 1,389.60 1,389.60 3130A2UW4 FHLB 10/29/2019 315,474.00 1,868.75 0.00 Note 10/30/2019 0.00 0.00 0.00 2.875% Due 09/13/2024 300,000.00 0.00 2,587.50 0.00 315,474.00 718.75 718.75 718.75 3130A3KM5 FHLB 09/10/2019 591,174.75 6,868.06 0.00 Note 09/13/2019 0.00 7,187.50 0.00 2.5% Due 12/09/2022 575,000.00 0.00 878.47 0.00 591,174.75 1,197.91 1,197.91 1,197.91 3130A7CV5 FH LB Note 1.375% Due 02/18/2021 10/13/2016 490,960.40 1,927.67 0.00 10/14/2016 0.00 0.00 0.00 490,000.00 0.00 2,489.13 0.00 490,960.40 561.46 561.46 561.46 3130AABG2 FHLB Note 1.875% Due 11/29/2021 03/08/2017 559,044.90 58.85 0.00 03/09/2017 0.00 0.00 0.00 565,000.00 0.00 941.67 0.00 559,044.90 882.82 882.82 882.82 313378WG2 FHLB 03/13/2018 596,646.00 3,333.33 0.00 Note 03/14/2018 0.00 0.00 0.00 2.5% Due 03/11/2022 600,000.00 0.00 4,583.33 0.00 596,646.00 1,250.00 1,250.00 1,250.00 Chandler Asset Management - CONFIDENTIAL Page 16 Execution Time: 1/2/202( 398 of 696 City of National City Account #10162 Income Earned As of December 31, 2019 Trade Date CUSIP Security Description Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Inc. Received Ending Accrued Total Interest Accr. Of Discount Amort. Of Premium Net Accret/Amort Income Earned Total Income 313379Q69 FHLB Note 2.125% Due 06/10/2022 3135G0D75 FNMA Note 1.5% Due 06/22/2020 06/20/2017 06/21/2017 600,000.00 607,110.00 0.00 0.00 607,110.00 6,056.25 6,375.00 743.75 1,062.50 12/17/2015 568,778.50 12/21/2015 0.00 575,000.00 0.00 568,778.50 3,809.38 4,312.50 215.63 718.75 0.00 0.00 0.00 1,062.50 1,062.50 0.00 0.00 0.00 718.75 718.75 3135G0N82 FNMA Note 1.25% Due 08/17/2021 01/26/2017 425,444.80 1,588.89 0.00 01/31/2017 0.00 0.00 0.00 440,000.00 0.00 2,047.22 0.00 425,444.80 458.33 458.33 458.33 3135G0T78 FNMA Note 2% Due 10/05/2022 12/12/2017 494,215.00 1,555.56 0.00 12/13/2017 0.00 0.00 0.00 500,000.00 0.00 2,388.89 0.00 494,215.00 833.33 833.33 833.33 3135G0U27 FNMA Note 2.5% Due 04/13/2021 07/23/2018 297,771.00 1,000.00 0.00 07/24/2018 0.00 0.00 0.00 300,000.00 0.00 1,625.00 0.00 297,771.00 625.00 625.00 625.00 3135G0W33 FNMA 09/05/2019 622,825.00 2,029.08 0.00 Note 09/06/2019 0.00 0.00 0.00 1.375% Due 09/06/2022 625,000.00 0.00 2,745.23 0.00 622,825.00 716.15 716.15 716.15 3137EADB2 FHLMC Note 2.375% Due 01/13/2022 Various 585,310.00 5,234.90 0.00 Various 0.00 0.00 0.00 575,000.00 0.00 6,372.92 0.00 585,310.00 1,138.02 1,138.02 1,138.02 3137EADR7 FHLMC Note 1.375% Due 05/01/2020 08/24/2016 460,332.60 521.35 0.00 08/25/2016 0.00 0.00 0.00 455,000.00 0.00 1,042.71 0.00 460,332.60 521.36 521.36 521.36 3137EAEF2 FHLMC Note 1.375% Due 04/20/2020 04/27/2017 457,741.40 720.35 0.00 04/28/2017 0.00 0.00 0.00 460,000.00 0.00 1,247.43 0.00 457,741.40 527.08 527.08 527.08 Chandler Asset Management - CONFIDENTIAL Page 17 Execution Time: 1/2/202( 399 of 696 City of National City Account #10162 Income Earned As of December 31, 2019 Trade Date CUSIP Security Description Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Inc. Received Ending Accrued Total Interest Accr. Of Discount Amort. Of Premium Net Accret/Amort Income Earned Total Income 3137EAEK1 3137EAEL9 FHLMC Note 1.875% Due 11/17/2020 FHLMC Note 2.375% Due 02/16/2021 01/18/2018 01/19/2018 600,000.00 594, 780.00 0.00 0.00 594,780.00 437.50 0.00 1,375.00 937.50 0.00 0.00 0.00 937.50 937.50 03/13/2018 598,068.00 03/14/2018 0.00 600,000.00 0.00 598,068.00 4,156.25 0.00 5,343.75 1,187.50 0.00 0.00 0.00 1,187.50 1,187.50 3137EAEN5 FHLMC Note 2.75% Due 06/19/2023 11/26/2018 593,214.00 7,425.00 0.00 11/27/2018 0.00 8,250.00 0.00 600,000.00 0.00 550.00 0.00 593,214.00 1,375.00 1,375.00 1,375.00 369550BE7 General Dynamics Corp Note 3% Due 05/11/2021 Various 397,216.30 666.66 0.00 Various 0.00 0.00 0.00 400,000.00 0.00 1,666.66 0.00 397,216.30 1,000.00 1,000.00 1,000.00 40428HPV8 HSBC USA Inc Note 2.75% Due 08/07/2020 43814UAG4 Honda Auto Receivables Trust 2018-2 A3 3.01% Due 05/18/2022 11/16/2017 293,569.90 2,525.42 0.00 11/20/2017 0.00 0.00 0.00 290,000.00 0.00 3,190.00 0.00 293,569.90 664.58 664.58 664.58 05/22/2018 174,996.19 190.22 0.00 05/30/2018 0.00 438.96 0.00 175,000.00 0.00 190.22 0.00 174,996.19 438.96 438.96 438.96 43814WAB1 Honda Auto Receivables Trust 2019-1 A2 2.75% Due 09/20/2021 02/19/2019 127,129.22 126.25 0.00 02/27/2019 0.00 291.36 0.00 116,381.52 10,755.19 115.57 0.00 116, 374.03 280.68 280.68 280.68 43815HAC1 Honda Auto Receivables Trust 2018-3 A3 2.95% Due 08/22/2022 08/21/2018 254,965.01 208.96 0.00 08/28/2018 0.00 626.87 0.00 255,000.00 0.00 208.96 0.00 254,965.01 626.87 626.87 626.87 43815NAC8 Honda Auto Receivables Trust 2019-3 A3 1.78% Due 08/15/2023 08/20/2019 99,999.17 79.11 0.00 08/27/2019 0.00 148.33 0.00 100,000.00 0.00 79.11 0.00 99,999.17 148.33 148.33 148.33 Chandler Asset Management - CONFIDENTIAL Page 18 Execution Time: 1/2/202( 400 of 696 City of National City Account #10162 Income Earned As of December 31, 2019 Citt Trade Date CUSIP Security Description Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Inc. Received Ending Accrued Total Interest Accr. Of Discount Amort. Of Premium Net Accret/Amort Income Earned Total Income 459200HM6 IBM Corp Note 1.625% Due 05/15/2020 45950KCM0 International Finance Corp Note 2.25% Due 01/25/2021 02/07/2018 02/09/2018 400,000.00 392, 596.00 0.00 0.00 392,596.00 288.89 0.00 830.56 541.67 01/24/2018 498,580.00 01/26/2018 0.00 500,000.00 0.00 498, 580.00 3,937.50 0.00 4,875.00 937.50 0.00 0.00 0.00 541.67 541.67 0.00 0.00 0.00 937.50 937.50 46625HJE1 JP Morgan Chase Note 3.25% Due 09/23/2022 12/19/2019 0.00 0.00 0.00 12/24/2019 413,076.00 (3,286.11) 0.00 400,000.00 0.00 3,538.89 0.00 413,076.00 252.78 252.78 252.78 46625HKA7 JP Morgan Chase Callable Note Cont 12/23/2019 Due 01/23/2020 08/23/2017 403,336.00 3,200.00 0.00 08/28/2017 0.00 3,750.00 0.00 0.00 403,336.00 0.00 0.00 0.00 550.00 550.00 550.00 477870AC3 John Deere Owner Trust 2019-B A3 2.21% Due 12/15/2023 47788EAB4 07/16/2019 114,975.59 112.96 0.00 07/24/2019 0.00 211.79 0.00 115,000.00 0.00 112.96 0.00 114,975.59 211.79 211.79 John Deere Owner Trust 2018-B A2 2.83% Due 04/15/2021 211.79 07/18/2018 147,138.53 185.08 0.00 07/25/2018 0.00 347.02 0.00 121,218.18 25,925.32 152.47 0.00 121,213.21 314.41 314.41 314.41 47789JA62 John Deere Owner Trust 2019-A A2 2.85% Due 12/15/2021 03/05/2019 184,731.73 234.00 0.00 03/13/2019 0.00 438.76 0.00 169,412.23 15,327.22 214.59 0.00 169,404.51 419.35 419.35 419.35 594918BG8 Microsoft Callable Note Cont. 10/3/2020 2% Due 11/03/2020 07/11/2017 270,999.00 420.00 0.00 07/14/2017 0.00 0.00 0.00 270,000.00 0.00 870.00 0.00 270,999.00 450.00 450.00 450.00 65479JAD5 Nissan Auto Receivables Owner 2019-C A3 1.93% Due 07/15/2024 10/16/2019 359,980.99 308.80 0.00 10/23/2019 0.00 579.00 0.00 360,000.00 0.00 308.80 0.00 359,980.99 579.00 579.00 579.00 Chandler Asset Management - CONFIDENTIAL Page 19 Execution Time: 1/2/202( 401 of 696 City of National City Account #10162 Income Earned As of December 31, 2019 Trade Date CUSIP Security Description Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Inc. Received Ending Accrued Total Interest Accr. Of Discount Amort. Of Premium Net Accret/Amort Income Earned Total Income 68389XBK0 Oracle Corp Callable Note Cont 8/15/2021 1.9% Due 09/15/2021 69353RFE3 PNC Bank Callable Note Cont 6/28/2022 2.45% Due 07/28/2022 10/26/2017 10/31/2017 400,000.00 395,816.00 0.00 0.00 395,816.00 1,604.44 0.00 2,237.78 633.34 0.00 0.00 0.00 633.34 633.34 04/24/2018 04/26/2018 400,000.00 385,792.00 0.00 0.00 385,792.00 3,348.33 0.00 4,165.00 816.67 0.00 0.00 0.00 816.67 816.67 857477AV5 State Street Bank Note 1.95% Due 05/19/2021 07/12/2017 396,056.00 260.00 0.00 07/17/2017 0.00 0.00 0.00 400,000.00 0.00 910.00 0.00 396,056.00 650.00 650.00 650.00 89236TF59 Toyota Motor Credit Corp Note 3.35% Due 01/08/2024 05/20/2019 411,444.00 5,322.78 0.00 05/22/2019 0.00 0.00 0.00 400,000.00 0.00 6,439.44 0.00 411,444.00 1,116.66 1,116.66 1,116.66 89238BAB8 Toyota Auto Receivables Trust 2018-A A2A Due 10/15/2020 89238KAD4 Toyota Auto Receivables Trust 2017-D A3 1.93% Due 01/18/2022 01/23/2018 1,600.78 1.49 0.00 01/31/2018 0.00 2.78 0.00 0.00 1,600.78 0.00 0.00 0.00 1.29 1.29 1.29 Various 325,159.31 227.25 0.00 Various 0.00 524.42 0.00 301,516.24 24,479.30 210.14 0.00 300,680.01 507.31 507.31 507.31 91159HHL7 US Bancorp Callable Note 1X 12/29/2020 2.35% Due 01/29/2021 07/19/2017 404,036.00 3,185.56 0.00 07/24/2017 0.00 0.00 0.00 400,000.00 0.00 3,968.89 0.00 404,036.00 783.33 783.33 783.33 9128284D9 US Treasury Note 2.5% Due 03/31/2023 12/27/2018 448,505.86 1,905.74 0.00 12/28/2018 0.00 0.00 0.00 450,000.00 0.00 2,858.61 0.00 448,505.86 952.87 952.87 952.87 912828G53 US Treasury Note 1.875% Due 11/30/2021 08/28/2017 604,994.20 30.74 0.00 08/29/2017 0.00 0.00 0.00 600,000.00 0.00 983.61 0.00 604,994.20 952.87 952.87 952.87 Chandler Asset Management - CONFIDENTIAL Page 20 Execution Time: 1/2/202( 402 of 696 City of National City Account #10162 Income Earned As of December 31, 2019 Citt Trade Date CUSIP Security Description Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Inc. Received Ending Accrued Total Interest Accr. Of Discount Amort. Of Premium Net Accret/Amort Income Earned Total Income 912828J50 US Treasury Note 1.375% Due 02/29/2020 912828L24 US Treasury Note 1.875% Due 08/31/2022 07/25/2017 07/26/2017 600,000.00 598,408.26 0.00 0.00 598,408.26 2,085.16 0.00 2,787.77 702.61 0.00 0.00 0.00 702.61 702.61 09/06/2018 435,445.31 09/07/2018 0.00 450,000.00 0.00 435,445.31 2,132.55 0.00 2,851.13 718.58 0.00 0.00 0.00 718.58 718.58 912828L32 US Treasury Note 1.375% Due 08/31/2020 Various 600,184.82 2,085.17 0.00 Various 0.00 0.00 0.00 600,000.00 0.00 2,787.77 0.00 600,184.82 702.60 702.60 702.60 912828M80 US Treasury Note 2% Due 11/30/2022 04/11/2019 593,554.69 32.79 0.00 04/15/2019 0.00 0.00 0.00 600,000.00 0.00 1,049.18 0.00 593,554.69 1,016.39 1,016.39 1,016.39 912828M98 US Treasury Note 1.625% Due 11/30/2020 912828Q37 US Treasury Note 1.25% Due 03/31/2021 11/29/2016 568,331.99 25.31 0.00 11/30/2016 0.00 0.00 0.00 570,000.00 0.00 809.84 0.00 568,331.99 784.53 784.53 784.53 04/27/2017 369,024.69 794.06 0.00 04/28/2017 0.00 0.00 0.00 375,000.00 0.00 1,191.09 0.00 369,024.69 397.03 397.03 397.03 912828Q78 US Treasury Note 1.375% Due 04/30/2021 05/25/2017 494,650.11 585.51 0.00 05/31/2017 0.00 0.00 0.00 500,000.00 0.00 1,171.02 0.00 494,650.11 585.51 585.51 585.51 912828576 US Treasury Note 1.125% Due 07/31/2021 08/28/2018 573,375.00 2,256.11 0.00 08/29/2018 0.00 0.00 0.00 600,000.00 0.00 2,824.73 0.00 573,375.00 568.62 568.62 568.62 912828UL2 US Treasury Note 1.375% Due 01/31/2020 12/08/2016 489,312.58 2,251.94 0.00 12/09/2016 0.00 0.00 0.00 490,000.00 0.00 2,819.50 0.00 489,312.58 567.56 567.56 567.56 Chandler Asset Management - CONFIDENTIAL Page 21 Execution Time: 1/2/202( 403 of 696 City of National City Account #10162 Income Earned As of December 31, 2019 CM Trade Date CUSIP Security Description Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Inc. Received Ending Accrued Total Interest Accr. Of Discount Amort. Of Premium Net Accret/Amort Income Earned Total Income 912828UV0 US Treasury Note 1.125% Due 03/31/2020 912828V72 US Treasury Note 1.875% Due 01/31/2022 Various Various 600,000.00 596, 517.64 0.00 0.00 596,517.64 1,143.45 0.00 1,715.16 571.71 09/17/2018 435,744.14 09/18/2018 0.00 450,000.00 0.00 435,744.14 2,820.14 0.00 3,530.91 710.77 0.00 0.00 0.00 571.71 571.71 0.00 0.00 0.00 710.77 710.77 912828W71 US Treasury Note 2.125% Due 03/31/2024 12/05/2019 0.00 0.00 0.00 12/06/2019 229,640.63 (875.26) 0.00 225,000.00 0.00 1,214.91 0.00 229,640.63 339.65 339.65 339.65 912828W89 US Treasury Note 1.875% Due 03/31/2022 04/26/2018 580,593.75 1,905.74 0.00 04/30/2018 0.00 0.00 0.00 600,000.00 0.00 2,858.61 0.00 580,593.75 952.87 952.87 952.87 912828WE6 US Treasury Note 2.75% Due 11/15/2023 912828WN6 US Treasury Note 2% Due 05/31/2021 07/22/2019 624,000.00 725.27 0.00 07/23/2019 0.00 0.00 0.00 600,000.00 0.00 2,130.49 0.00 624,000.00 1,405.22 1,405.22 1,405.22 04/29/2019 546,755.86 30.05 0.00 04/30/2019 0.00 0.00 0.00 550,000.00 0.00 961.75 0.00 546,755.86 931.70 931.70 931.70 931142EJ8 Wal-Mart Stores Note 3.125% Due 06/23/2021 07/02/2018 402,052.00 5,486.11 0.00 07/05/2018 0.00 6,250.00 0.00 400,000.00 0.00 277.78 0.00 402,052.00 1,041.67 1,041.67 1,041.67 Total Fixed Income 29,588,528.17 29,096,151.91 947,927.63 481,423.81 29,562,655.73 139,257.22 53,425.88 138,072.67 52,241.33 0.00 0.00 0.00 52,241.33 52,241.33 Chandler Asset Management - CONFIDENTIAL Page 22 Execution Time: 1/2/202( 404 of 696 City of National City Account #10162 Income Earned As of December 31, 2019 CM Trade Date CUSIP Security Description Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Accr. Of Discount Inc. Received Amort. Of Premium Ending Accrued Net Accret/Amort Total Interest Income Earned Total Income CASH & EQUIVALENT 60934N807 89114MXX0 Federated Investors Govt Oblig Fund Inst. Toronto Dominion Bank Yankee CD 2.68% Due 03/16/2020 12/03/2019 12/03/2019 133, 910.84 552,217.34 120,397.58 538, 704.08 133,910.84 0.00 293.94 0.00 293.94 0.00 0.00 0.00 293.94 293.94 08/12/2019 602,160.00 11,524.00 0.00 08/13/2019 0.00 0.00 0.00 600,000.00 0.00 12,908.67 0.00 602,160.00 1,384.67 1,384.67 1,384.67 89233GA71 Toyota Motor Credit Discount CP 2.14% Due 01/07/2020 07/22/2019 593,972.33 4,708.00 0.00 07/22/2019 0.00 0.00 0.00 600,000.00 0.00 5,813.67 0.00 593, 972.33 1,105.67 1,105.67 1,105.67 Total Cash & Equivalent 1,333,910.84 1,748,349.67 120,397.58 538,704.08 1,330,043.17 16,232.00 293.94 18,722.34 2,784.28 0.00 0.00 0.00 2,784.28 2,784.28 30,844,501.58 1,068,325.21 1,020,127.89 TOTAL PORTFOLIO 30,922,439.01 30,892,698.90 155,489.22 53,719.82 156,795.01 55,025.61 0.00 0.00 0.00 55,025.61 55,025.61 Chandler Asset Management - CONFIDENTIAL Page 23 Execution Time: 1/2/202( 405 of 696 ..«... Y1$IW'UM1 matt . • 1t Mtn4; • a . . h ttltih f 11 111174• 1 rlgls COUNTY OFAN D END I tfESTMENT POOL DEC TREASURY IN l�STMENT RESULTS 2 County of San Diego Treasurer -Tax Collector 11600 Pacific Hwy, San Diego, CA 92101 I www.sdttc.coi 406 of 696 PARTICIPANT PARTICIPANT CASH BALANCES FMV FMV County of San Diego Pooled Money Fund As of December 31, 2019 ($000) FMV % of 10/31/19 11/30/19 12/31/19 Total COUNTY COUNTY - SPECIAL TRUST FUNDS NON -COUNTY INVESTMENT FUNDS SCHOOLS - (K THRU 12) COMMUNITY COLLEGES San Diego Grossmont-Cuyamaca MiraCosta Palomar Southwestern $ 1,226,787 $ 1,855,795 2,162,966 2,033,583 115,224 123,536 4,126,589 3,899,358 124,447 153,045 90,953 214,895 145,942 106,850 144,353 82,122 201,919 132,906 PARTICIPANT FMV FMV FMV % of 10/31/19 11/30/19 12/31/19 Total $ 2,175,809 19.83% Lake Cuyamaca Rec & Park District 2,541,767 23.16% Lakeside FPD 113,863 1.04% Leucadia Wastewater District 4,663,461 42.49% Lower Sweetwater FPD Metropolitan Transit System Mission Resource Conservation District 154,680 1.42% North County Cemetery District 153,995 1.40% North County Dispatch 110,810 1.01% North County FPD 227,168 2.07% Otay Water District 147,154 1.34% Pomerado Cemetery District Total Community Colleges FIRST 5 COMMISSION SANCAL SDCERA CITIES Chula Vista Coronado Del Mar El Cajon Encinitas National City Oceanside INDEPENDENT AGENCIES Alpine FPD Bonita-Sunnyside FPD Borrego Springs FPD Canebrake County Water District Deer Springs FPD Fallbrook Public Utility District Grossmont Healthcare District Julian-Cuyamaca FPD 729,282 668,150 793,806 7.23% Public Agencies Self -Insurance System Ramona Cemetery District 37,664 34,529 34,478 Rancho Santa Fe FPD 3,958 3,916 3,869 Rincon del Diablo Municipal Water District 614 5,630 5,656 SANDAG SD County Regional Airport Authority San Diego Housing Commission 52,692 52,138 44,042 San Diego Geographic Information Source 37,310 36,918 48,482 San Diego Law Library 2,705 2,677 2,717 San Diego Local Agency Formation Comm 5,062 5,009 5,084 San Diego Regional Training Center 4,102 4,059 4,120 San Dieguito River Park 40,520 35,143 35,630 San Marcos FPD 10,023 9,918 0 San Miguel Consolidated FPD 897 843 1,774 4,783 4,852 5,977 839 800 1,159 53 53 54 11,376 11,420 12,457 15 15 15 2 2 2 187 198 293 Santa Fe Irrigation District Serra Cooperative Library System Upper San Luis Rey Resource Consery Dist Vallecitos Water District Valley Center FPD Valley Center Cemetery District Valley Center Water District Vista FPD 187 6,605 3,882 614 39,359 187 5,809 4,360 1,836 285 1,841 3,541 915 10,801 4,703 99,936 216,355 21,619 459 3,967 2,418 682 1,682 1 12,934 4,401 2 61 5,406 1,496 443 21,203 3,025 169 4,983 3,841 611 38,945 158 5,768 4,271 1,700 282 1,775 3,504 890 8,951 4,653 98,885 210,295 21,391 596 3,962 2,284 543 1,440 1 11,586 4,355 2 60 5,349 1,314 440 19,110 2,994 138 7,234 3,903 743 39,522 152 5,983 4,409 3,403 286 1,960 3,557 935 11,734 4,724 101,044 209,184 21,715 769 4,108 2,178 537 1,346 1 12,192 4,421 2 64 5,430 1,597 459 21,774 4,150 Total Voluntary Participants 693,817 673,226 685,462 6.24% Pooled Money Fund Total $ 9,054,665 $ 9,253,648 $ 10,974,168 100.00% 407 of 6961 5 National City Conversion of Oracle Cash Balance to COSD Pool Market Price Month Ended October 31st, 2019 COSD Pool Market Price COSD Pool Market Value National City percentage of MV share in COSD Pool Fund Description 44077 NATIONAL CITY INVESTMENT FUND Total for National City Oracle Cash Balance 40,490,469 40,490,469 Current Month 10/31/2019 100.529% 9,054,664,921 0.4475% Market Value 40,519, 626 40, 519, 526 Prior Month 9/30/2019 Pool YTM: 2.136 Prior Quarter 7/31/2019 100.471% 100.152% 8, 515,496,046 9,373,134,575 0.4769% 0.0900% Market Value 40, 610,401 40, 610,401 Market Value 8,435,821 8,435,821 Prior Year 10/31/2018 98.943% 8,217,317,656 Market Value 8,174,889 8,174,889 * Please note that the National City Market Value reported above is a prorate share of National City in the COSD Investment Pool and based on National City Cash Balance. Thank you, http://www.sdtreastax.com/" style='position:absolute;margin-Ieft:O;margin-top:0;width:52.55pt;height:52.55pt;z- index:251659264;visibility:visible;mso-wrap-style:square;mso-width-percent:0;mso-height-percent:0;mso-wrap-distance-left:0;mso-wrap- distance-top:0;mso-wrap-distance-right:9pt;mso-wrap-distance-bottom:0;mso-position-horizontal:left;mso-position-horizontal- relative:text;mso-position-vertical:absolute;mso-position-vertical-relative:text;mso-width-percent:0;mso-height-percent:0;mso-width- relative:page;mso-height-relative:page' o:button="t"> Tommy Trinh Student Worker San Diego County Treasurer -Tax Collector's Office 1600 Pacific Highway Rm. 152 I San Diego, CA 92101 Phone: 619.531.5275 I Fax: 619.446.8222 I www.sdttc.com 408 of 696 Below is the market price for November. Let me know if you need anything else. National City Conversion of Oracle Cash Balance to COSD Pool Market Price Month Ended November 3Oth, 2019 COSD Pool Market Price COSD Pool Market Value National City percentage of MV share in COSD Pool Fund Description 44077 NATIONAL CITY INVESTMENT FUND Total for National City Oracle Cash Balance 35,490,46E 35,490,469 Current Month 11/30/2019 100.396% 9,253,647,670 0.3798% Market Va l u e 35,145, 354 35,145, 354 Prior Month 10/31/2019 100.529% 9,054,664,921 Pool YTM: 2.096 Prior quarter 8/31/2019 100.152% 9,373,134,575 Prior Year 11/30/2018 98.063% 9,086,774,387 0.4475% Market Value 40,519, 625 40,519,626 0.0900% Market Value 8,435,821 8,435,821 0.0901% Market Value 8,187,300 8,187, 300 * Please note that the National City Market Value reported above is u prorate shore of National City in the COSD investment Pool and based on National City Cush Balance. Thank you, http://www.sdtreastax.com/" style='position:absolute;margin-Ieft:O;margin-top:0;width:52.55pt;height:52.55pt;z- index:251659264;visibility:visible;mso-wrap-style:square;mso-width-percent:0;mso-height-percent:0;mso-wrap-distance-left:0;mso-wrap- distance-top:0;mso-wrap-distance-right:9pt;mso-wrap-distance-bottom:0;mso-position-horizontal:left;mso-position-horizontal- relative:text;mso-position-vertical:absolute;mso-position-vertical-relative:text;mso-width-percent:0;mso-height-percent:0;mso-width- relative:page;mso-height-relative:page' o:button="t"> Tommy Trinh Student Worker San Diego County Treasurer -Tax Collector's Office 1600 Pacific Highway Rm. 152 I San Diego, CA 92101 Phone: 619.531.5275 I Fax: 619.446.8222 I www.sdttc.com 409 of 696 National City Conversion of Oracle Cash Balance to COSD Pool Market Price Month Ended December 31st, 2019 Current Month Prior Month Prior quarter Pool YTM: 2.023 COSD Pool Market Price COSD Pool Market Value National City percentage of MV share in COSD Pool 12/31/2019 11/30/2019 9/30/2019 Prior Veal"' 12/31/2018 100.396% 100.396% 100.471% 9,9.259% 10,974,168,588 9,253,647, 670 8,515,496,046 10,164,248,403 0.3247% 0.3798% 0.4769% 0.0815% Fund Description Oracle Cash Balance Market Value Market Value Market Value Market Value 44077 NATIONAL CITY INVESTMENT FUND 35,589,574 35,629,887 35,145,354 40,610,401 8,283,862 Total for National City 35,589,574 35,629,887 35,145,354 40,610,401 8,283,862 * Please note that the National City Market Value reported above is a prorate share of National City in the COSD investment Pool an d Erased on Notional City Cosh Balance. 410 of 696 My apologies. I sent you January 2019 price. Below is January 2020 Market Price. National City Conversion of Oracle Cash Balance to COSD Pool Market Price Month Ended January 31st, 2020 COSD Pool Market Price COSD Pool Market Value National City percentage of MV share in COSD Pool Fund Description 44077 NATIONAL CITY INVESTMENT FUND Total for National City Oracle Cash Balance 35,672,963 35, 572,963 Current Month 1/31/2020 Market Value 35,825,247 35,825,247 Prior Month 12/31/2019 Market Value 35,629,887 35, 629,887 Pool YTM: 2.023 Prior Quarter 10/31/2019 Market Value 40,519, 626 40,519,626 Prior Year 1/31/2019 Market Value 8,298,554 8,298,554 * Please note that the National City Market Value reported above is a prorate share of National City in the COSD Investment Pool and based on National City Cash Balance. Thank you, http://www.sdtreastax.com/" style='position:absolute;margin-left:0;margin-top:0;width:52.55pt;height:52.55pt;z- index:251659264;visibility:visible;mso-wrap-style:square;mso-width-percent:0;mso-height-percent:0;mso-wrap-distance-left:0; mso-wrap-distance-top:0;mso- wrap-distance-right:9pt;mso-wrap-distance-bottom:0;mso-position-horizontal deft;mso-position-horizontal-reIative:text;mso-position-verticaI:absolate;mso- position-vertical-relative:text;mso-width-percent:0;mso-height-percent:0;mso-width-relative:page;mso-height-relative:page' o:button="t"> Tommy Trinh Student Worker San Diego County Treasurer -Tax Collector's Office 1600 Pacific Highway Rm. 152 I San Diego, CA 92101 Phone: 619.531.5275 I Fax: 619.446.8222 I www.sdttc.com 411 of 696 Neighborhood National Bank 780 Bay Blvd Suite 205 Chula Vista, CA 91910 CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 91950 Subject: CDARS® Customer Statement Legal Account Title: CITY OF NATIONAL CITY Date 12/31/19 Page 1 of 3 Below is a summary of your certificate(s) of deposit, which we are holding for you as your custodian. These certificate(s) of deposit have been issued through CDARS by one or more FDIC -insured depository institutions. Should you have any questions, please contact us at 619-789-4422 or send an email to dwarren@mynnb.com. Summary of Accounts Reflecting Placements Through CDARS Account ID Effective Date Maturity Date Interest Rate Opening Balance Ending Balance 1022941778 08/22/19 08/20/20 1.47904% $2,000,000.00 $2,010,726.22 TOTAL $2,000,000.00 $2,010,726.22 CDARS® is a registered service mark of Promontory Interfinancial Network, LLC. CONTAINS CONFIDENTIAL INFORMATION 412 of 696 ACCOUNT OVERVIEW Account ID: 1022941778 Product Name: 52-WEEK PUBLIC FUND CD Interest Rate: 1.47904% Account Balance: $2,010,726.22 The Annual Percentage Yield Earned is 1.49%. CD Issued by Amalgamated Bank YTD Interest Paid: $1,292.51 Int Earned Since Last Stmt: $304.17 CD Issued by Bank of China YTD Interest Paid: Int Earned Since Last Stmt: $1,292.51 $304.17 CD Issued by Bank Hapoalim B.M. YTD Interest Paid: Int Earned Since Last Stmt: CD Issued by Bank OZK YTD Interest Paid: Int Earned Since Last Stmt: CD Issued by BOKF, National YTD Interest Paid: Int Earned Since Last Stmt: $1,292.51 $304.17 $1,292,51 $304.17 Association Date 12/31/19 Page 2 of 3 Effective Date: Maturity Date: YTD Interest Paid: Int Earned Since Last Stmt: 11/30/19 OPENING BALANCE 12/31/19 Interest Payment 12/31/19 ENDING BALANCE 11/30/19 OPENING BALANCE 12/31/19 Interest Payment 12/31/19 ENDING BALANCE 11/30/19 OPENING BALANCE 12/31/19 Interest Payment 12/31/19 ENDING BALANCE 11/30/19 OPENING BALANCE 12/31/19 Interest Payment 12/31/19 ENDING BALANCE $1,292.51 11/30/19 $304.17 12/31/19 12/31/19 CD Issued by Cadence Bank, N.A. YTD Interest Paid: Int Earned Since Last Stmt: $1,292.51 $304.17 CD Issued by Franklin Synergy Bank YTD Interest Paid: $336.69 Int Earned Since Last Stmt: $79.24 CD Issued by Simmons Bank YTD Interest Paid: Int Earned Since Last Stmt: $1,292.51 $304.17 CD Issued by Southern States Bank YTD Interest Paid: $49.45 Int Earned Since Last Stmt: $11.64 OPENING BALANCE Interest Payment ENDING BALANCE 11/30/19 OPENING BALANCE 12/31/19 Interest Payment 12/31/19 ENDING BALANCE 11/30/19 OPENING BALANCE 12/31/19 Interest Payment 12/31/19 ENDING BALANCE 11/30/19 OPENING BALANCE 12/31/19 Interest Payment 12/31/19 ENDING BALANCE 11/30/19 OPENING BALANCE 12/31/19 Interest Payment 12/31/19 ENDING BALANCE 08/22/19 08/20/20 $10,726.22 $2,524.24 $241, 000.00 1,292.51 $242,292.51 $241, 000.00 1,292.51 $242,292.51 $241,000.00 1,292.51 $242,292.51 $241,000.00 1,292.51 $242,292.51 $241,000.00 1,292.51 $242,292.51 $241,000.00 1,292.51 $242,292.51 $62, 779.43 336.69 $63,116.12 $241,000.00 1,292.51 $242,292.51 $9,220.57 49.45 $9,270.02 CDARSO is a registered service mark of Promontory Interfiinancial Network, LLC. CONTAINS CONFIDENTIAL INFORMATION 413 of 696 CD Issued by TowneBank YTD Interest Paid: Int Earned Since Last Stmt: Thank you for your business. $1,292.51 $304.17 11/30/19 OPENING BALANCE 12/31/19 Interest Payment 12/31/19 ENDING BALANCE Date 12/31/19 Page 3 of 3 $241,000.00 1,292.51 $242,292.51 CDARS® is a registered service mark of Promontory Interfinancial Network, LLC. CONTAINS CONFIDENTIAL INFORMATION 414 of 696 CC/CDC-HA Agenda 3/17/2020 — Page 415 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit — The 12th Annual Granfondo San Diego Fun Bike Ride sponsored by Life Sports Foundation on April 5, 2020 from 7:15 a.m. to 5 p.m. with no waiver of fees. (Neighborhood Services) Please scroll down to view the backup material. 415 of 696 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 17, 2020 AGENDA ITEM NO. ITEM TITLE: Temporary Use Permit — The 12th Annual Granfondo San Diego Fun Bike Ride sponsored by Life Sports Foundation on April 5, 2020 from 7:15 a.m. to 5 p.m. with no waiver of fees. PREPARED BY: Dionisia Trejo PHONE: (619) 336-4255 DEPARTMENT: Neighborhood Services Department APPROVED BY: EXPLANATION: This is a request from Life Sports Foundation to conduct the 12th Annual Granfondo San Diego Fun Bike Ride through San Diego County on April 5, 2020 from 7:15 a.m. to 5 p.m. The event starts in Little Italy, downtown San Diego and finishes at Ruocco Park. 1,200 participants are expected for this event. Three routes will be offered: a 34 mile short course, 56 mile intermediate and 105 mile long course. OUTBOUND - The course begins in Downtown San Diego under the Little Italy sign and proceeds around to Pacific Hwy and then south to Harbor Drive on which it stays until it exits San Diego. It enters National City at west 8th Street, turning right onto Roosevelt Avenue and it turns left onto west Plaza Boulevard. The ride continues east on Plaza Boulevard until reaching Paradise Valley Road leaving National City jurisdiction. Riders will follow the rules of the road. Note: This event has been approved by City Council for prior years with no waiver of fees. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS !City fee of $272.00 for processing the TUP through various City departments, plus $318.40 for Police Department. Total fees: $590.40 ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees or in accordance to City Council Policy 802. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: !!Application for a Temporary Use Permit with recommended conditions of approval. 416 of 696 `CALIFORNIA +-1 ON City amy nvepavotATED Type of Event ❑ Fair/Festival ❑ TUP City of National City • Neighborhood Services Department 1243 National City Boulevard • National City, CA 91950 (619) 336-4364 • fax (619) 336-4217 www.nationalcityca.gov Special Event Application ❑ Parade/March ❑ Walk or Run El Concert/Performance ❑� Sporting Event ❑ Other (specify) Event Name & Location Event Title 12th annual Granfondo San Diego fun bike ride Event Location (list all sites being requested) See attached Event Times Set Up Starts 6:00 am Sunday Date 4/5/20 Time Day of Week Time 7:15 am Day of Week Sunday Event Starts Date 4/5/20 Event Ends 5:00 PM Sunday Date 4/5/20 Time Day of Week Breakdown Ends 6:00 PM Sunday Date 4/5/20 Time Day of Week Applicant Information Applicant (Your name) Tobias Panek a3A13338 Sponsoring Organization Life Sports Foundation Event Coordinator (if different from applicant) Mailing Address 9939 Hibert St #105, San Diego CA 92131 Day Phone 858268-1250 Public Information Phone After Hours Phone same Cell Fax E-mail tobias@gftours.com Applicant agrees to investigate, defend, indemnify and hold harmless the City, its officers, employees and agents from and against any and all loss, damage, liability, claims, demands, detriments, costs, charges, expense (including attorney's fees) and causes of action of any character which the City, its officers, employees and agents may incur, sustain or be subjected to on account of loss or damage to property or the loss of use thereof and for bodily injury to or death of any persons (including but not limited to the employees, subcontractors, agents and invitees of each party hereto) arising out of or in any way connected to the occupancy, enjoyment and use of any City premises under this agreement to the extent permitted by law. Applicant understands this TUP/special event may implicate fees for City services, which will have to be paid in the City's Finance Department 48 hours prior to the event set-up. The undersigned also understands and accepts the City's refund policy for application processing and facility use and that fees and charges are adjusted annually and are subject to change. Signature of Applicant: Date 1/31/2020 1 417 of 696 Special Event Application (continued) Please complete the following sections with as much detail as possible since fees and requirements are based on the information .you `provide us. Fees/Proceeds/Reporting Is your organization a "Tax Exempt, nonprofit" organization? Yes ❑■ No ❑ Are admission, entry, vendor or participant fees required? Yes ❑■ No D If YES, please explain the purpose and provide amount (s): All proceeds go to the non profit charity Life Sports Foundation $120K event: $ $100K Estimated Gross Receipts including ticket, product and sponsorship sales from this Estimated Expenses for this event. $ $20K' What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Description of Event ❑ First time event 0 Returning Event ❑ include site map with application Note that this description may be published in our City Public Special Events Calendar: Fun bike ride through National City Estimated Attendance 0 Anticipated # of Participants: 1200 Anticipated # of Spectators: 2 418 of 696 Traffic Control, Security, First Aid and Accessibility Requesting to close street(s) to vehicular traffic? Yes E No D List any streetsrequiring closure as a result of the event (provide map): Harbor dr & 8th st will need 1 officer and light on flash from 7 am to 8 am. Date and time of street closure: Date and time of street reopening: ❑ Other (explain) Requesting to post "no parking" notices? Yes ❑ No ❑I� ❑ Requested "No Parking" on city streets and/or parking lots (list streets/parking lots) (provide map): ❑ Other (explain) Security and Crowd Control Depending on the number of participants, your event may require Police services. Please describe your procedures for both Crowd Control and Internal Security: N/A Have you hired Professional Security to handle security arrangements for this event?. Yes ❑ No []■ if YES, name and address of Security Organization Security Director (Name): Phone: If using the services oif a professional security firm,AND the event will:occur-on City property, p.fease provide a copy of its insurance certificate, evidencing liability with limits of at least $1 Million dollars per •, occurance/$2 Million: dollars, aggregate;' as well as and.. additional insured.. endorsement:naminthe: City. . Y... of National City, its officers, employees; :and agents as=additional insureds 'Evidence of.insur'ance must be provided by the.vendor or its insurer to the City s Risk Manager for review and approval. prior to the event. ••- - Is this a night event? Yes ❑ No ❑i If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: 3 419 of 696 First Aid Depending on the number of participants, your event may require specific First Aid services. First aid station to be staffed by event staff? Yes 1 No ❑ First aid/CPR certified? Yes El No E will be provided by event ElFirst aid station to be staffed by professional company. ► Company Accessibility Please describe your Accessibility Plan for access at your event by individuals with disabilities: Elements of your Event Setting up a stage? Yes ❑ No 0 ❑ Requesting City's PA system ❑ Requesting City Stage; if yes, which size? ❑ Dimensions (13x28) ❑ Dimensions (20x28) ❑ Applicant providing own stage ► (Dimensions) Setting up canopies or tents? # of canopies size # of tents size ❑ No canopies/tents being set up Setting up tables and chairs? ❑ Furnished by Applicant or Contractor # of tables El No tables being set up # of chairs ❑■ No chairs being set up ❑ (For City Use Only) Sponsored Events — Does not apply to co -sponsored events # of tables ❑ No tables being set up # of chairs ❑ No chairs being set up Contractor Name Contractor Contact Information Address City/State Phone Number 4 420 of 696 Setting up other equipment? ❑ Sporting Equipment (explain) ❑ Other (explain) ❑ Not setting up any equipment listed above at event Having amplified sound and/or music? Yes ❑ No 1=1 ❑ PA System for announcements ❑ CD player or DJ music ❑ Live Music ► ❑ Small.4-5 piece live band ► ❑ Large 6+ piece live band ❑ Other (explain) If using live music or a DJ. I► Contractor Name Address City/State Phone Number Using lighting equipment at your event? Yes ❑ Not ❑ Bringing in own lighting equipment 0 Using professional lighting company ► Company Name Address Using electrical power? Yes El No 0 ❑ Using on -site electricity ❑ Bringing in generator(s) City/State ❑ For sound and/or lighting El For sound and/or lighting Phone Number ❑ For food and/or refrigeration ❑ For food and/or refrigeration Vendor Information PLEASE NOTE ,You may be required to apply fora temporary health perrmt if food or beverages are;sold of given. away duriing your special event, "Also see `Permits and Compliance' on page:8 in the Special Event Guiide Far additional information obtaining a temporary health permit please contact the County.of Stan Diego Eni ironmental Health' at (619) 3313-236.3:', Having food:and non-alcoholic beverages at your.everit? 'Yes:❑ No 0 ❑ Vendors preparing food on -site '►# ► Business License # If yes, please describe how food will be served and/or prepared: If you intend to cook food in the event area please specify the method: ❑ GAS ❑ ELECTRIC ❑ CHARCOAL ❑ OTHER (Specify): ❑ Vendors bringing pre -packaged food lit- # ► Business License # ❑ Vendors bringing bottled, non-alcoholic beverages (i.e., bottled water, can soda, etc.) ► # ❑ Vendors selling food # ► Business License #(s) ❑ Vendors selling merchandise # ► Business License #(s) 5 421 of 696 ❑ Food/beverages to be handled by organization; no outside vendors ❑ Vendors selling services # ► Business License #(s) e Explain services ❑ Vendors passing out information only (no business license needed) # I► Explain type(s) of information ❑ No selling or informational vendors at event Having children activities? Yes ❑ No• PLEASE NOTE: In the event inflatable jumps are provided at the event, The City of National City requires commercial liability insurance with limits of at least $1 Million dollars per occurrence/$2 Million dollars aggregate. In addition, the City of National City must be named as an Additional Insured pursuant to a separate endorsement, which shall be provided by the vendor or its insurer to the City's Risk Manager, along with the Certificate of Insurance, for approval prior to the event. The application should be filed out at least one week prior to the event. Thereis a $25 fee to process the permit; application. For questions or to obtain a copy of the "Facility Use Application", please contact the Engineering/Public Works Department at (619) 336-4580. ❑ Inflatable bouncer house # ❑ Rock climbing wall Height ❑ Inflatable bouncer slide # ❑ Arts & crafts (i.e., craft making, face painting, etc.) ❑ Other Having fireworks or aerial display? Yes El No 0 ❑ Vendor name and license # Dimensions Duration Number of shells Max. size PLEASE NOTE: In the event fireworks or another aerial display is planned foryour event,, The City of National City requires commercial liability insurancewith, limits of at -least $2 Miiiion'dollars per • occurrence/ $4 Million dollars aggregate. In addition, the City of National City must be named as an Additional Insured pursuant to a separate endorsement, which shall be provided bythe vendor or its insurer to the City's Risk Manager, alongwith the Certificate of Insurance, for approval prior to the event. Depending on the size and/or nature of the fireworks display,'the City reserves the right to request higher liability limits. The vendor must also obtain a fireworks permit from the National City Fire. Department and the cost is1502.00 Arranging for media coverage? Yes❑ Nor] ❑ Yes, but media will not require special set-up ❑ Yes, media will require special set-up. Describe 6 422 of 696 Event 'Signage PLEASE NOTE:.. ForCity sponsored or co -sponsored events, banners publicizing the event may be placed on: the existing poles on the 1800 block and 3100 block of National City Boulevard. The banners must be made to; the.City's specifications. Please refer to the City's Special Event. Guidebook and Fee Schedule for additional information. Are you planning to have signage at your event? Yes 0 No 1=1 0 Yes, we will post signage # Dimensions 0 Yes, having inflatable signage # I► (complete Inflatable Signage Request form) ❑ Yes, we will have banners # ❑ What will signs/banners say? ❑ How will signslbanners be anchored or mounted? Waste Management PLEASE MOTE: One toilet for every. 250 people is required, unless the applicant can show that there. are sufficient facilities in the immediate -area available to the public during the event. Are you planning to provide portable restrooms at the event? Yes ❑: No ❑= If yes, please identify the following: O. Total number of portable toilets: ® Total number ofADA accessible portable toilets: ❑■ Contracting with portable toilet vendor. Company Phone le Load -in Day & Time ® Load -out Day & Time ❑ Portable toilets to be serviced. ► Time Set-u.p, Breakdown, Clean-up Setting up the day before the event? ❑ Yes, will set up the day before the event. to. # of set-up day(s) El No, set-up will occur on the event day Requesting vehicle access onto the turf? ❑ Yes, requesting access onto turf for set-up and breakdown (complete attached Vehicle Access Request form) El No, vehicles will Toad/unload from nearby street or parking lot. 7 423 of 696 NPDES-Litter Fence. ❑ City to install litter fence ❑ Applicant to install litter fence ❑■ NIA Breaking down set-up the day after the event? ❑ Yes, breakdown will be the day after the event. I► # of breakdown day(s) ❑■ No, breakdown will occur on the event day. How are you handling clean-up? ❑ Using City crews ■❑ Using volunteer clean-up crew during and after event. ❑ Using professional cleaning company during and after event. Miscellaneous Please list anything important about your event not already asked on this application: Please make a copy of this application for your records. We do not provide copies. 8 424 of 696 Special Events Pre -Event Storm Water Compliance Checklist I. Special Event information Name of Special Event: GranFondo San Diego Event Address: www.sdgranfondo.com Event Host/Coordinator: Tobias Panek Expected # of Attendees: 1200 Phone Number: 865-268-1250 II. Storm Water Best Management Practices (BMPs) Review YES NO N/A Will enough trash cans provided for the event? Provide number of trash bins: NIA N/A N/A Will enough recycling bins provided for the event? Provide number of recycle bins: N/A N/A N/A N/A Will all portable toilets have secondary containment trays? (exceptions for ADA compliant portable toilets) N/A N/A N/A Do all storm drains have screens to temporarily protect trash and debris from entering? N/A N/A N/A Are spill cleanup kits readily available at designated spots? N/A N/A N/A *A Post -Event Storm Water Compliance Checklist will be completed by City Staff. 9 425 of 696 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. The insurance company issuing the insurance policy must have a A.M. Best's Guide Rating of A:VII and that the insurance company is a California admitted company; if not, then the insurance policy to the issuance of the permit for the event. The Certificate Holder must reflect: City of National City Risk Management Department 1243 National City Boulevard National City, CA 91950 Life Sports Foundation Organization: Tobias Panek Person in Charge of Activity: 9939 Hibert St #105, San Diego CA 92131 Address: 4/5/20 Telephone:858-268-1250 Date(s) of Use: HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant: Official Title: President Date: 1/31/2020 For Office Use Only Certificate -of -insurance Approved 10 Date 426 of 696 Master Route Map Galt IV $ MC AS Wamn yrra NH Sea pagei rar<A START Little Italy O tan Otago Bay ICTS) Sea nl.,>a wok a SW *We AW I. Ha err Huh FINISH Ruocco Park MIDI_ a�aa�se \la"ey Chula VIS as tub Heel, M • L. Mesa L-ni • sin re 'TX,* IDLE TCNEfi l ill 1 Piccolo Route defier Cr/a %larr Gardens" • • I,,,,.•Y YeL e E Ynmt / kN., El Cad E,;). Medio Route '4. • •Alpine Blvd ,O� Gam oc% fk *11.. 1+ ! Dehesa Rd "'i ."- ,� Skyline Trk TrI x.r —� VIE/AS 110-Un rA! 111111 o. . z:; ;f • n _y. ' ~ i •.fir . ' rG y t,yr :!V !. - orPang ige"- 1 ., sax rsliiRO • "fit.,:- '. a ts, VIEJAS VALLer Yypa �� IYt/+IMIIn is 400114.2...g. yam. �u • Campagnolo GranFondo San Diego Gran Fondo Cue Sheet 0 mi Start north on India St toward W Fir St 0.2 mi Turn left onto W Hawthorn St 0.3 mi Turn left onto Pacific Hwy 1.3 mi Turn left onto W Harbor Dr 5.6 mi Turn left onto W 8th St NEED TRAFFIC OFFICER FOR LEFT TURN 6.0 mi Tum right onto Roosevelt Ave 6.2 mi Tuna left onto W Plaza Blvd 8.6 mi Straight onto Paradise Valley Rd 12.7 mi Continue onto Jamacha Blvd 17.2 mi Turn right onto Campo Rd (rest stop on Right) 18.6 mi Turn right onto Willow Glen Dr 23.6 mi Turn right onto Dehesa Rd 26.8 mi Continue straight onto Harbison Canyon Rd (start KOM) 31.4 mi Turn left onto Arnold Way 32.2 mi Turn right onto Alpine Blvd 34.4 mi Turn right onto Tavern Rd (rest stop on Right) 37.1 mi Continue onto Japatul Rd 44.2 mi Turn right onto Lyons Valley Rd 51.9 mi Turn right onto Skyline Truck Trail 59.0 mi Continue onto Lyons Valley Rd 60.3 mi Turn left onto Jefferson Rd 60.1 mi Turn left onto Campo Rd (rest stop on Right) 65.6 mi Turn right onto Otay Lakes Rd 75.3 mi Turn left onto Hunte Pkwy 78.2 mi Turn right onto Eastlake Pkwy 79.2 mi Turn left onto Olympic Pkwy 80.2 mi Turn right onto E Palomar St (Rest stop on Right) 80.5 mi Return to Olympic Pkwy and right onto Olympic Pkwy 84.6 mi Continue straight on E Orange Ave 87.1 mi Turn left onto Palomar St 88.0 mi Turn right onto Bay Blvd 90.5 mi At E st Make left onto Gunpowder Point Dr and onto Bayshore Bikeway 91.8 mi Turn left onto W 32nd St 92.0 mi Turn right onto Tidelands Ave 93.3 mi Turn left onto E Harbor Dr 98.1 mi Finish left into Ruocco Park 12 428 of 696 0 mi 0.2 mi 0.3 mi 1.3 mi 5.6 mi 6.Omi 6.2 mi 8.6 mi 12.7 mi 17.2 mi 18.6 mi 19.4 mi 20.8 mi 23.5 mi 28.1 mi 37.8 mi 40.7 mi 41.2 mi 42.8 mi 43.0 mi 47.1 mi 49.6 mi 50.5 mi 53.0 mi 54.3 mi 54.5 mi 55.8 mi 60.6 mi Campagnolo GranFondo San Diego Medio Fondo Cue Sheet Start north on India St toward W Fir St Tum left onto W Hawthorn St Turn left onto Pacific Hwy Turn left onto W Harbor Dr Turn left onto W 8th St Turn right onto Roosevelt Ave Turn left onto W Plaza Blvd Straight onto Paradise Valley Rd Continue onto Jamacha Blvd Turn right onto Campo Rd (rest stop on Right) Tum right onto Willow Glen Dr Turn right onto Steele Canyon Rd Turn left onto Campo Rd Rest Stop on Right Turn right onto Otay Lakes Rd Turn left onto Hunte Pkwy Turns right and becomes Eastlake Pkwy Turn left onto Olympic Pkwy Turn right onto E Palomar (rest stop on Right) Make a U-turn at Vista Sonrisa Ave return to Olympic Continue onto E Orange Ave Turn left onto Palomar St Turn right onto Bay Blvd At E st Turn left onto Gunpowder Point Dr and enter Bay Shore Bikeway Continue onto W 32nd St Tum right onto Tidelands Ave Turn left onto E Harbor Dr Finish on left into Ruocco Park 13 429 of 696 Campagnolo GranFondo San Diego Fun Fondo Cue Sheet 0 mi Start north on India St toward W Fir St 0.2 mi Turn left onto W Hawthorn St 0.3 mi Turn left onto Pacific Hwy 1.3 mi Turn left onto W Harbor Dr 5.7 mi Go Straight at 8th st 5.9 mi Turn right onto Civic Center Dr 6.1 mi Continue onto Tidelands Ave 7.2 mi Turn left onto W 32nd St 7.4 mi At Marina Way enter Bayshore Bikeway 8.7 mi Turn left onto Gunpowder Point Dr and Right onto Bay Blvd 10.0 mi At J st cross road and enter Bay Shore Bikeway 11.2 mi Turn left onto Palomar St (Rest Stop on Right) 11.3 mi West Head west on Palomar St toward Bay Blvd 11.3 mi Return Right onto Bay Blvd 13.8 mi At E st Turn left onto Gunpowder Point Dr and onto Bay Shore Bikeway 15.1 mi Turn left onto W 32nd St 15.3 mi Turn right onto Tidelands Ave 16.6 mi Turn left onto E Harbor Dr 21.3 mi Finish on left into Ruocco Park 14 430 of 696 0 mi 0.2 mi 0.3 mi 1.3 mi 5.6 mi 6.O mi 6.2 mi $,6 mi IO.7 mi 12.3 mi 12.7 mi 14.3 mi 17.3 mi 17.8 mi 1$.4 mi 22.2 mi 24.7 mi 25.6 mi 28.2 mi 29.5 mi 29.6 mi 31.0 mi 35.7 mi Campagnolo GranFondo San Diego Piccolo Fondo Cue Sheet Start north on India St toward W Fir St Turn left onto W Hawthorn St Turn left onto Pacific Hwy Turn left onto W Harbor Dr Turn left onto W 8th St Turn right onto Roosevelt Ave Turn left onto W Plaza Blvd Straight onto Paradise Valley Rd Turn right onto Briarwood Rd Turn Ieft onto Sweetwater Rd Turn right onto Bonita Rd Turn left onto Otay Lakes Rd Continue straight onto La Media Rd Turn left onto E Palomar St (Rest Stop on Left) Turn right onto Olympic Pkwy Continue onto E Orange Ave Turn left onto Palomar St Turn right onto Bay Blvd At E st Turn left onto Gunpowder Point Dr and onto Bay Shore Bikeway Turn left onto W 32nd St Turn right onto Tidelands Ave Turn left onto E Harbor Dr Finish on left into Ruocco Park 15 431 of 696 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Life Sports Foundation EVENT: 12th Annual Granfondo San Diego Fun Bike Ride DATE OF EVENT: April 5, 2020 APPROVALS: COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ 1 SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ 1 SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ ] COMMUNITY DEVELOPMENT YES [ x ] NO [ ] SEE CONDITIONS [ x CONDITIONS OF APPROVAL: PUBLIC WORKS (619)366-4580 No Involvement POLICE DEPARTMENT Based on the information provided, the recommendation would be that one officer be assigned to the procession for a period of one to four hours in order to provide a safe traffic break as the cyclists make their way through the proposed intersection. As the riders make their way through National City, they will need to comply with all appropriate traffic laws, The current officer rate is attached below: That would be for a total of (4) hours of overtime, at a pay rate of $79.60 per hour for a total of $318.40. **Four hours of overtime is the minimum per the NCPOA MOU. ** 16 432 of 696 ENGINEERING No comments CITY ATTORNEY Approved on conditions that Risk Manager approves COMMUNITY SERVICES No involvement FINANCE Life Sports Foundation needs to apply for a business license. COMMUNITY DEVELOPMENT Planning No conditions for this event from Planning Division. Building No conditions for this event from Building Division. Neighborhood Services Neighborhood Notifications — Events are requited to notify residents and/or businesses of the surrounding impacted areas by the event. The notice shall include the name of the event, name and phone number of the company/organization producing the event, the dates and times of the event (including set-up and breakdown) and a detailed description of how the residents and/or businesses may be affected, such as by street closures, "No Parking" signs being posted, music at the event, etc. 17 433 of 696 RISK MANAGER (619) 336-4370 Risk Management has reviewed the above captioned request to for the issuance of a Temporary Use Permit. It is recommended that as a condition of the issuance of the permit that the following documents must be provided: • A valid copy of the Certificate of Liability Insurance. • That the insurance policy must have a combined single limit of no less than $1,000,000.00 (ONE MILLION DOLLARS) and $2,000,000.00 (TVVO MILLION DOLLARS) in aggregate that would cover the date and location of the event. • The applicant must provide a separate additional insured endorsement wherein it notes as the additional insured as "The City of National City, its officials, agents, employees and volunteers". • That the insurance company issuing the insurance policy must have a A.M. Best's Guide Rating of A:VI! and that the insurance company is a California admitted company; if not then insurance policy must be submitted to the Risk Management Department for review and approval prior to the issuance of the Temporary Use Permit. • The Certificate Holder must reflect: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA. 91950-4301 It should be noted that the Indemnification and Hold Harmless Agreement were properly executed by the applicant at the time the Special Event Application was submitted. FIRE (619) 336-4550 No fees for this event Stipulations required by the Fire Department for this event are as follows: 1) Maintain Fire Department access at all times. Emergency services access shall be given to all emergency apparatus upon approach. 2) Access for Fire Department shall be maintained at all times. At no time shall fire lanes, fire hydrants, fire protection systems of all types etc. be obstructed at any time. A minimum of 20 feet wide shall be maintained for the use of fire lanes 3) First Aid will be provided by organization 18 434 of 696 CC/CDC-HA Agenda 3/17/2020 — Page 435 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit — St. Anthony of Padua Church presentation of the "Live Stations of the Cross" starting at 410 W. 18th Street on April 10, 2020 from 3 p.m. to 4 p.m. with no waiver of fees. (Neighborhood Services) Please scroll down to view the backup material. 435 of 696 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 17, 2020 AGENDA ITEM NO. ITEM TITLE: Temporary Use Permit — St. Anthony of Padua Church presentation of the "Live Stations of the Cross" starting at 410 W. 18th Street on April 10, 2020 from 3 p.m. to 4 p.m. with no waiver of fees. PREPARED BY: Dionisia Trejo, PHONE: (619) 336-4255 EXPLANATION: This is a request from St. Anthony of Padua's Church to conduct it's representation of the passion and death of Jesus Christ on April 10, 2020 from 3 p.m. to 4 p.m. Event begins on church grounds; followers will start the church walk on Harding Avenue going northbound until reaching W.16th Street. The church walk will then continue westbound on W.16th Street where they will turn south going onto Wilson Avenue. The walk will then continue southbound on Wilson Avenue to end inside St. Anthony's parking lot on the corner of Wilson Avenue & W.19th Street. During the walk, amplified sound will be used for certain prayers to reflect the presentation and the incidents from station to station. Participants will follow the rules of the road and a Police unit will follow the procession. Note: This event was approved by Council in 2018 and 2019 with no waiver of fees. DEPARTMENT: Neig d Services Department APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS City fee of $272.00 for processing the TUP through various City departments, plus $318.40 for Police Department. Total Fees: $590.40 ENVIRONMENTAL REVIEW: N/P� ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees or in accordance to City Council Policy 802. BOARD / COMMISSION RECOMMENDATION: 1N/A ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. A A of h'oi.' "-.;:"CALIFORNIA' NATIONAL Ctr o e r-- Type of Event ❑ Fair/Festival ❑ TUP City of National City • Neighborhood Services Department 1243 National City Boulevard ■ National City, CA 91950 (619) 336-4364 ■ fax (619) 336-4217 www.nationalcityca.gov Special Event Application ❑ Parade/March ❑ Walk or Run ❑ Concert/Performance ❑ Sporting Event Other (specify) Event Name & Location Event Title Live Stations of the Cross Event Location (list all sites being requested) St. Anthony of Padua Church Event Times Set -Up Starts Date N/A Time Day of Week Event Starts 3:OOPM FRIDAY Date 04/10/2020 Time Day of Week Event Ends 4:00pm FRIDAY Date 04/10/2020 Time Day of Week Breakdown Ends Date N/A Time Day of Week Applicant Information m m Applicant (Your name) Rev. Jose Edmundo Zarate Sponsoring Organization St. Anthony of Padua Event Coordinator (if different from applicant) Judith Navarro Mailing Address 410 W. 18th Street National City, CA 91950 Day Phone 619-477-4520 After Hours Phone 619-267-2820 Cell Fax 619-477-870f Public Information Phone 619-477-4520 E-mail stanthonyofpadua@sbcglobal.nE Applicant agrees to investigate, defend, indemnify and hold harmless the City, its officers, employees and agents from and against any and all loss, damage, liability, claims, demands, detriments, costs, charges, expense (including attorney's fees) and causes of action of any character which the City, its officers, employees and agents may incur, sustain or be subjected to on account of Toss or damage to property or the Toss of use thereof and for bodily injury to or death of any persons (including but not limited to the employees, subcontractors, agents and invitees of each party hereto) arising out of or in any way connected to the occupancy, enjoyment and use of any City premises under this agreement to the extent permitted by law. Applicant understands this TUP/special e ent may implicate fefor City services, which will have to be paid in the City's Finance Department 48 hours prig` to the ev t set-up. ; he undersigned also understands and accepts the City's refund policy for application proppes ing an facility use a d hat fees and charges are adjusted annually and are subject to change. Signature of Applicant: 1 437 of 696 Special Event Application (continued) Please corn Iete;the;foilowing sections with as much deta[1'as possible singe ;fees _and:'requirements;are P maser on the information you provide us Fees/Proceeds/Reporting Is your organization a "Tax Exempt, nonprofit" organization? Yes ❑t No D Are admission, entry, vendor or participant fees required? Yes ❑ No ❑■ If YES, please explain the purpose and provide amount (s): N/A Estimated Gross Receipts including ticket, product and sponsorship sales from this event. NIA Estimated Expanses for this event. N/A What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Description of Event First time event 0 Returning Event 0 include site map with application Note that this description may be published in our City Public Special Events Calendar: On Good Friday we will have our annual representation of the Passion & death of Jesus Christ. The procession will begin in front of St. Anthony's Church & end in the church parking lot. Our parish volunteers and everyone in the community is invited to participate in prayer and meditation. Our actors & P.A truck will be walking thru the street and the community will be walking on the sidewalks as we go tru the stations of the cross. Estimated Attendance Anticipated # of Participants: 50 Anticipated # of Spectators: 250 2 438 of 696 Traffic Control, Security, First Aid and Accessibility Requesting to close street(s) to vehicular traffic? Yes D No i List any streets requiring closure as a result of the event (provide map): Date and time of street closure: Date and time of street reopening: El Other (explain) Requesting to post "no parking" notices? Yes ❑ No El ❑ Requested "No Parking' on city streets and/or parking lots (list streets/parking Tots) (provide map): ❑ Other (explain) Security and Crowd Control', Depending on the number of participants, your event may require Police services. Please describe your procedures for both Crowd Control and Internal Security: Volunteers & parish staff will be in charge of crowd control & we will rely on National City Police for any emergency. I -lave you hired Professional Security to handle security arrangements for this event? Yes D No 0 If YES, name and address of Security Organization Security Director (Name): Phone: .lf using the services, of a professional security tiirrri AND the event will.occur on City<property, please , :provide o dopy of it's insurance certificate, evidencing,lialoihty with Iimlts ofi,at (east $1 Million dollars per occurance/$2;Millioh. dollars aggregate, as well as and.additional insured endorsement naming the City of National C;ity,.'its of leers, employees; and agents as additional insureds . Evidence of Ps' us be rovidi p ... event. Is this a night event? Yes ❑ No 0 If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: 3 439 of 696 First Aid Depending on the number of participants, your event may require specific First Aid services. First aid station to be staffed by event staff? Yes t No ❑ First aid/CPR certified? Yes ❑ No 0 ❑ First aid station to be staffed by professional company. ► Company Accessibility Please describe your Accessibility Plan for access at your event by individuals with disabilities: Elements of your Event Setting up a stage? Yes 0 No I ❑ Requesting City's PA system ❑ Requesting City Stage; if yes, which size? 0 Dimensions (13x28) ❑ Dimensions (20x28) ❑ Applicant providing own stage ► (Dimensions) Setting up canopies or tents? # of canopies size # of tents size tw No canopies/tents being set up Setting up tables and chairs? ❑ Furnished by Applicant or Contractor # of tables 11 No tables being set up # of chairs El No chairs being set up ❑ (For City Use Only) Sponsored Events — Does not apply to co -sponsored events # of tables ❑ No tables being set up # of chairs ❑ No chairs being set up Contractor Name Contractor Contact Information Address City/State Phone Number 4 440 of 696 Setting up other equipment? ❑ Sporting Equipment (explain) ❑ Other (explain) 0 Not setting up any equipment listed above at event Having amplified sound andlor music? Yes ❑ No El PA System for announcements ❑ CD player or DJ music ❑ Live Music ® ❑ Small 4-5 piece five band El Large 6+ piece live band ❑ Other (explain) If using live music or a DJ. O. Contractor Name OP - Address City/State Phone Number Using lighting equipment at your event? Yes ❑ Non■ ❑ Bringing in own lighting equipment ❑ Using professional lighting company $ Company Name Address City/State Using electrical power? Yes ❑ No 0 E} Using on -site electricity ❑ Bringing in generator(s) ❑ For sound andlor lighting 0 For sound andlor lighting Phone Number ❑ For food andlor refrigeration ❑ For food andlor refrigeration ........:................ .. ... .. Vendor Information PLEASE10,EfYou may, be required to apply fora temporary health:penmt if food or beverages are sold of given away during your special event ;Also see `Permits andCompilance'.on page 8' in the Special went G ide For.addilional information arr obtaining a temporary health permit, please cortfact tklo Cain y of San:Di0o Enyirapmenfial Health at (6191338 2363. Having food and non-alcoholic beverages at your event? Yes ❑ No❑® ❑ Vendors preparing food on -site ®# ® Business License # If yes, please describe how food will be served andlor prepared: If you intend to cook food in the event area please specify the method: ❑ GAS ❑ ELECTRIC ❑ CHARCOAL 0 OTHER (Specify): ❑ Vendors bringing pre -packaged food d # Business License # E] Vendors bringing bottled, non-alcoholic beverages (i.e., bottled water, can soda, etc.) ® # ❑ Vendors selling food # ® Business License #(s) 0 Vendors selling merchandise # Business License #(s) 5 441 of 696 ❑ Food/beverages to be handled by organization; no outside vendors El Vendors selling services # 6► Business License #(s) Ito Explain services ❑ Vendors passing out information only (no business license needed) # I► Explain type(s) of information ■❑ No selling or informational vendors at event Having children activities? Yes ❑ No ❑� 'PLEASE.:NOTE:-; In the:event; inflatable jumps are: provided. at the event,::The City:of National City requires commercial liability insurance:ith limits of -at leaSt.$1 Million dollars per occurrericel 2 Million.: dollars aggregate, In addition, the Cit af'National-City n�ust be= named.as.;an Additional Insured y.. pursuant to, a separate errdorsernent, which shall be provided by the vendor or its insurer to the City's: Risk Manager, along with the Certificate of Insurance, for approval prior to the event The;application should be.'filed out at least one week prior to the event. There;is a $25 fee, to process the permit.. application. For questions or to°obtain a copy of the "Facility Use Application', please contact the eeri . q i Public Works Department`at 61.9 336r4580: El Inflatable bouncer house # El Inflatable bouncer slide f# El Other ❑ Rock climbing wall Height ❑ Arts & crafts (i.e., craft making, face painting, etc.) Having fireworks or aerial display? Yes ❑ No 0 ❑ Vendor name and license # Dimensions Duration Number of shells PLEASE;: NOTE:' In the event fireworksor, another aerial displayy is planned for your;; v , n The city Of. : 'National City, requin ires commercial liability insurance -with limits of at'least $2 Milltoh dollars per occurrence/ $4 Million dollars ag`geatetn addadtistieonin;theGaitoNatiobnal City must be-n;ameas an ..!Additional Insured 'pursuant to;ase areant, which:shalteprovided'by thevendoror its insurer to the City s Risk: Manager, along with the certificate'of Insurance, for approval prior to the event. ";De ..endin on the size: andlor nature;;of the- fireworks_dis pity; the City-reserves;the rightto: _ 'pepending P y. request higher liability Iimits The vendor must also obtain a.fireworks permit from::the National City Fire Department and the cost is $502.00 Arranging for media coverage? Yes El Non ❑ Yes, but media will not require special set-up Max. size ❑ Yes, media will require special set-up. Describe 6 442 of 696 Event Signage :PLEASE`iVMe.i ForCity sponsored or cosponsored' events, banners publicizing the event may be iplacod can the exlating pales on`the 1800 bio•ck>and 3100 block• of National City Boul•evard; . •The banners • 'must be made to'the City's specifications. Please:refer to the.•City's•Special Event -Guidebook and Fee • • •: Schedule for' additional ;information.. ` Are you planning to have signage at your event? Yes ❑ No ❑l El Yes, we will post signage # Dimensions ❑ Yes, having inflatable signage # ® (complete Inflatable Signage Request form) ❑ Yes, we will have banners # ❑ What will signs/banners say? ❑ How will signs/banners be anchored or mounted? Waste 'Management' PLEAS: hl0Tir C}ne#ojlet far:every 25.f3 people is required, urtiess the applicant can shove that there are -sufficient facil t ea In:the immediate area available to the public:'dwing the event; Are you planning to provide portable restrooms at the event? Yes ❑ No if yes, please identify the following: ► Total number of portable toilets: Total number of ADA accessible portable toilets: ❑ Contracting with portable toilet vendor. Company Phone b Load -in Day & Time d Load -out Day & Time 0 Portable toilets to be serviced. to. Time Set-up, Breakdown, Clean-up Setting up the day before the event? ❑ Yes, will set up the day before the event. 0 No, set-up will occur on the event day Requesting vehicle access onto the turf? # of set-up day(s) ❑ Yes, requesting access onto turf for set-up and breakdown (complete attached Vehicle Access Request form) El No, vehicles will load/unload from nearby street or parking lot. 7 443 of 696 NPDES-Litter Fence • City to install litter fence ❑ Applicant to install litter fence O N/A Breaking down set-up the day after the event? ❑ Yes, breakdown will be the day after the event. ► # of breakdown day(s) O No, breakdown will occur on the event day. How are you handling clean-up? ❑ Using City crews Using volunteer clean-up crew during and after event. ❑ Using professional cleaning company during and after event. Miscellaneous Please list anything important about your event not already asked on this application: Please make a copy of this application for your records. We do not provide copies. 8 444 of 696 Special Events Pre -Event Storm Water Compliance Checklist I. Special Event Information Name of Special Event: live Stations of the Cross Event Address: 410 W. 18th Street National City Expected # of Attendees: 250 Event Lost/coordinator: Rev. Jose Edmundo Zarate-Suarez phone Number: 619-477--4520 II. Storm Water Best Management Practices (BMPs) Review YES NO N/A Will enough trash cans provided for the event? Provide number of trash bins: N/A N/A N/A Will enough recycling bins provided for the event? Provide number of recycle bins: N/A N/A N/A Will ail portable toilets have secondary containment trays? (exceptions for ADA compliant portable toilets) N/A N/A N/A Do all storm drains have screens to temporarily protect trash and debris from entering? N/A N/A N/A Are spill cleanup kits readily available at designated spots? N/A N/A N/A * A Post -Event Storm Water Compliance Checklist will be completed by City Staff. 9 445 of 696 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. The insurance company issuing the insurance policy must have a A.M. Best's Guide Rating of A:VII and that the insurance company is a California admitted company; if not, then the insurance policy to the issuance of the permit for the event. The Certificate Holder must reflect: City of National City Risk Management Department 1243 National City Boulevard National City, CA 91950 Organization: St. Anthony of Padua Church Person in Charge of Activity: Rev. Jose Edmundo Zarate-Suarez Address: 410 W. 18th Street National City, CA 91950 Telephone: 619-477-4520 Date(s) of Use: 04/10/2020 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorne s f- -s and th - . sts of litigation, arising out of or related to the use of public proper • the acti tak - n under the permit by the permittee or its agents, employe;. o, contrac •rs. Signature of Applicant: - Official Title: Pastor Date: 2.0'2.-=-0 For Office Use Only Certificate of Insurance Approved Date 10 446 of 696 2/212016 410 W 18th SI - Google Maps Go gle Maps 410 W 18th St Pert. tt,G Fr, StAttrttette e'S sur,ory cwr %41.• a 11..1e,,ftra; 3:11../0 nut, 4at '1447.05 fea, 7.- 1.1:.• • I lksrstlet .. 13,11C.1,,SAna,a, ri.... .C, ;... ..; . T.., , Sit,rtItutdAuls Snly %!. c. "S. t. a F.:44.1... .' - •••' .,..„... ,..1 . „,..., 5. • f... -.... .- •Isa•titt• :I. en, 7..e GI ..*. SU ere.. •,.., -.,.... ts 11 '...,.., t- . -kn.. s Ststs t • V tti ,Y2,117 kilt4,4,,, :, 1S1' Stand., sirts4 St, • '.., di a '.; t'.• C Str0 Ski,sstkvirstrent , SI 1 :StAc•irrstsit .4, \ fr '1, Lii 1 -.., ..• ID • Its? Ca/ Mat, 1,1, StsUrn *sett*: 9?.. 9.... ile'ir ;it, sT '4 =, Irsly•-oot, ',hart t.1 'd, -: -a :scot 50,5 b. ,Otrilia9 a 410 W 18th St National City, CA 91950 n Go gie ,• ft '45 ,t2 4prtsr-1 Freetaaat, Satattlartr ,,d,Vaa arra Map data data ©2016 Googfe 100 ft Jan asdva 'dais 11 447 of 696 te. Certificate of Coverage Da • 1/30/2020 Certificate Holder The Roman Catholic Bishop of San Diego, A Corporation Sole Pastoral Center P.O. Box 85728 San Diego, CA 92186 This Certificate is issued as a matter of information only and confers no rights upon the holder of this certificat e. This certificate does not amend, extend or alter the coverage afforded below. Company Affording Coverage THE CATI-IOLIC MUTUAL RELIEF SOCIETY OF AMERICA 10843 OLD MILL RD OMAHA, NE 68154 Covered Location St, Anthony of Padua Parish 410 West 18th Street National City, CA 91950 Coverages This is to certify that the coverages listed below have been issued to the certificate holder named above for the certificate indicated, notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the coverage afforded described herein is subject to all the terms, exclusions and conditions of such coverage. Limits shown may have been reduced by paid claims. Type of Coverage Certificate Number Coverage Effective Date Coverage Expiration Date Limits Property Real Si Personal Property D. General Liability 8585 7/1/2019 7/1/2020 Each Occurrence 1,000,000 General Aggregate 2,000,000 Occurrence Products-Comp/OP Agg Personal & Adv Injury Claims Made 1 I Fire Damage (Any one fire) Med I,xp (Any one person) Excess Liability Each Occurrence Annual Aggregate Other - Each Occurrence Claims Made Annual Aggregate Limit/Coverage Description conflict Coverage April Harding date and and for person(s), of Operations/Locations/Vehicles/Special Items (tl e following language supersedes any other language in this endorsement or the Certificate in with this language) extends only for claims directly arising out of the St. Anthony of Padua Parish Live Stations of the Cross event, taking place on 10, 2020, from 3 pm to 4 pm. Procession begins in from of St. Anthony's Church, and ends in the church parking lot utilizing Avenue, West 19th Street, Wilson Avenue, and West 18th Street. Liability coverage extends only for claims occurring during the time of the St. Anthony of Padua event. Coverage does not extend to the City of National City's failure to maintain properties any unsupervised activities. The City of National City, its officials, agents and employees are named as additional protected except as it pertains to their own active negligence. Holder of CertificateCancellation , :'. :=` :'::':::.::'::.:..::: ::: :.: ::.::: : ..: ; Additional Protected Person(s) City of National City Risk Management Department 1243 National City Blvd. National City, CA 91950 - Should before endeavor certificate impose its agents any of the above described the expiration date thereof, to mail 30 coverages be cancelled the issuing company will days written notice to the holder of but failure to mail such notice shall of any kind upon the company, named to the left, no obligation or liability or representatives. Authorized Representative t w , CCI ` 0168008483 12 448 of 696 ENDORSEMENT (TO BE ATTACHED TO CERTIFICATE) Effective Date of Endorsement: 4/10/2020 Cancellation Date of Endorsement: 4/11/2020 Certificate Holder: The Roman Catholic Bishop of San Diego, A Corporation Sole Pastoral Center P.O. Box 85728 San Tlieun. CA (r.1R6 St. Anthony of Padua Parish 410 West 18th Street National City, CA 91950 Location: Certificate No. 8585 of The Catholic Mutual Relief Society of America is amended as follows: SECTION II -ADDITIONAL PROTECTED PERSON(S) it is understood and agreed that Section II - Liability (only with respect to Coverage D - General Liability), is amended to include as an Additional Protected Person(s) members of the organizations shown in the schedule, but only with respect to their liability for the Protected Person(s) activities or activities they perform on behalf of the Protected Person(s). It is further understood and agreed that coverage extended under this endorsement is limited to and applies only with respect to liability assumed by contract or agreement; and this extension of coverage shall not enlarge the scope of coverage provided under this certificate or increase the limit of liability thereunder. Unless otherwise agreed by contract or agreement, coverage extended under this endorsement to the Additional Protected Person(s) will not precede the effective date of this certificate of coverage endorsement or extend beyond the cancellation date. Schedule - ADDITIONAL PROTECTED PERSON(S) City of National City Risk Management Department 1243 National City Blvd, National City, CA 91950 Remarks (the following language supersedes any other language in this endorsement or the Certificate in conflict with this language): Coverage extends only for claims directly arising out of the St. Anthony of Padua Parish Live Stations of the Cross event, taking place on April 10, 2020, from 3 pin to 4 pni Procession begins in from of St. Anthony's Church, and ends in the church parking lot utilizing Harding Avenue, West 19th Street, Wilson Avenue, and West 18th Street. Liability coverage extends only for claims occurring during the date and time of the St. Anthony of Padua event. Coverage does not extend to the City of National City's failure to maintain properties and for any unsupervised activities. The City of National City, its officials, agents and employees are named as additional protected person(s), except as it pertains to their own active negligence. 't. Authoriz : Representative PKS-122(10-11) 13 449 of 696 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: St. Anthony of Padua EVENT: Live Stations of the Cross DATE OF EVENT: 04/10/2020 APPROVALS: COMMUNITY SERVICES RISK MANAGER PUBLIC WORKS FINANCE FIRE POLICE CITY ATTORNEY ENGINEERING COMMUNITY DEVELOPMENT YES [x] NO [ ] YES [x] NO [ ] YES[x] NO[ YES [x] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [x] NO [ YES [x] NO [ ] YES [ x ] NO [ ] SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS CONDITIONS OF APPROVAL: PUBLIC WORKS (619)366-4580 No involvement. POLICE DEPARTMENT Based on the information provided, the recommendation would be that one officer be assigned to the procession for a period of four hours in order to provide a safe traffic break as the procession makes its way around the proposed route. Participants will follow the rules of the road and a Police unit will follow the procession. The current officer rate is attached below: That would be for a total of (4) hours of overtime, at a pay rate of $79.60 per hour for a total of $318.40. *Four hours of overtime is the rninimum per the NCPOA MOU. ' ENGINEERING No comments 14 450 of 696 CITY ATTORNEY Approved on conditions that Risk Manager approves COMMUNITY SERVICES No involvement. FINANCE Finance/Business License has no comment. Business License is current. COMMUNITY DEVELOPMENT Planning 1. All activities shall comply with the limitations contained in Table III of NCMC Title 12 (Noise). 2. AR speakers and any additional lighting shall face away from any residential properties. Building No conditions for this event from the Building Division. Neighborhood Services Neighborhood Notifications — Events are required to notify residents and/or businesses of the surrounding impacted areas by the event. The notice shall includethe name of the event, name and phone number of the company/organization producing the event, the dates and times of the event (including set-up and breakdown) and a detailed description of how the residents and/or businesses may be affected, such as by street closures, "No Parking" signs being posted, music at the event, etc. Display of banners -- Banners are allowed on site for event but must be removed immediately thereafter event completion. If you wish to place banners in any location other than on -site, you must get approval from the property/business owner where you intend to display the banner. 15 451 of 696 RISK MANAGER (619) 336-4370 Risk Management has reviewed the attached Certificate of Liability Insurance and supporting endorsement and am of the opinion that the applicant has complied substantially with the insurance requirements necessary to support the Special Events Application. FIRE (619) 336-4550 NO INSPECTION REQUIRED NO CHARGE FOR THIS EVENT Stipulations required by the Fire Department for this event are as follows: 1) Maintain Fire Department access at all times. 2) Means of egress shall not be obstructed in any manner and shall remain free of any material or matter where its presence would obstruct or render the means of egress hazardous. 3) Access for Fire Department shall be maintained at all times. At no time shall fire lanes, fire hydrants, fire protection systems of all types etc. be obstructed at any time. A minimum of 20 feet wide shall be maintained for the use of fire lanes. 16 452 of 696 CC/CDC-HA Agenda 3/17/2020 — Page 453 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit — Halloween retail tent store hosted by Halloween Express at Westfield Plaza Bonita Mall from August 28, 2020 through November 4, 2020 with no waiver of fees. (Neighborhood Services) Please scroll down to view the backup material. 453 of 696 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 17, 2020 AGENDA ITEM NO. ITEM TITLE: Temporary Use Permit — Halloween retail tent store hosted by Halloween Express at Westfield Plaza Bonita Mall from August 28, 2020 thru November 4, 2020 with no waiver of fees. PREPARED BY: Dionisia Trejo PHONE: 1(619) 336-4255 DEPARTMENT: Neighborhood Services Department APPROVED BY: EXPLANATION: This is a request from Halloween Express to open a temporary outdoor Halloween retail tent store at Plaza Bonita Mall from August 28, 2020 thru November 4, 2020. Daily hours of operations will be from 10 a.m. to 9 p.m. This 50 x 150sgft tent will be set-up on the westside parking lot of the mall adjacent to Ring Road within lot number location known as Lot #2. This outdoor tent will provide the community with a wide product selection of seasonal items such as Halloween costumes, decorations, and accessories. At the end of the season, starting November 1st, Halloween Express will have a three day 50 percent liquidation sale. If approved, this temporary structure may require additional permits and inspections from both the Building and Fire Department prior to opening for business. Westfield Plaza Bonita security and the applicant's staff will serve as security during the business and closed hours of operation. Note: This applicant has been approved for this request with no waivers in 2018 & 2019. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS ,City fee of $272.00 for processing the TUP through various City departments, plus $600.00 for Fire Department and $154.86 for Building. Total fees: $1,026.86 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees or in accordance to City Council Policy 802. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Application for a Temporary Use Permit with recommended conditions of approval. 454 of 696 CALIFORNIA - NATjIONAL !.'. 14-4441 XNCORPORATID T pe of Event ❑ Fair/Festival ❑ TUP City of National City • Neighborhood Services Department 1243 National City Boulevard • National City, CA 91950 (619) 336-4364 • fax (619) 336-4217 www.nationalcityca.gov Special Event Application RECEIVEC ❑ Parade/March ❑ Walk or Run ❑ Sporting Event 0 Other (specify) Event Name & Location Event Title Halloween Retail Tent FRB 05 2, 2) ❑ COnCert/Performan ;9hbcrhood Services Department Retail Sales City of Nation! City Event Location (list all sites being requested) Parking Lot 2 at Westfield Plaza Bonita Mall Event Times Set -Up Starts Date 8/17/2020 Time 8:00 AM Day of Week Monday Date August 28th Time 10:00 AM Day of Week Friday Event Starts Event Ends 9:00 PM Wednesday Date November 4th Time Day of Week Breakdown Ends Date November 10th Time 8:00 PM Day of Week Tuesday Applicant Information Applicant (Your name) Halloween Tyme LLC Sponsoring Organization Halloween Express Event Coordinator (if different from applicant) Mathew Fahr Mailing Address 784 Avenida Codorniz, San Marcos, CA 92069 Day Phone 414-803-8989 After Hours Phone 414-803-8989 Cell 414-803-8989 Fax 866-568-6655 Public Information Phone E-mail mmfahr@gmail.com Applicant agrees to investigate, defend, indemnify and hold harmless the City, its officers, employees and agents from and against any and all loss, damage, liability, claims, demands, detriments, costs, charges, expense (including attorney's fees) and causes of action of any character which the City, its officers, employees and agents may incur, sustain or be subjected to on account of loss or damage to property or the loss of use thereof and for bodily injury to or death of any persons (including but not limited to the employees, subcontractors, agents and invitees of each party hereto) arising out of or in any way connected to the occupancy, enjoyment and use of any City premises under this agreement to the extent permitted by law. Applicant understands this TUP/special event may implicate fees for City services, which will have to be paid in the City's Finance Department 48 hours prior to the event set-up. The undersigned also understands and accepts the City's refund policy for application processing and fad ity use and that fees and charges are adjusted annually and are subject to change. Signature of Applicant: 455 of 696 Special Event Application (continued) Pluase complete the following sections with as much detail as possible since fees and requirements are kasoci..on the information you provide us. Fees/Proceeds/Re . ortin.g Is your organization a "Tax Exempt, nonprofit" organization? Yes ❑ No 1:1 Are admission, entry, vendor or participant fees required? Yes ❑ No El If YES, please explain the purpose and provide amount (s): event. Estimated Gross Receipts including ticket, product and sponsorship sales from this Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Description of Event ❑ First time event El Returning Event include site map with application Note that this description may be published in our City Public Special Events Calendar: Retail sales of Halloween Costumes, Decoration, and Make up Estimated Attendance Anticipated # of Participants: Anticipated # of Spectators: 2 456 of 696 Traffic Control,.Securit , First Aid and Accessibilif Requesting to close street(s) to vehicular traffic? Yes ❑ No List any streets requiring closure as a result of the event (provide map): Date and time of street closure: Date and time of street reopening: ❑ Other (explain) Requesting to post "no parking" notices? Yes ❑ No ❑ Requested "No Parking" on city streets and/or parking lots (list streets/parking lots) (provide map): ❑ Other (explain) Securit and Crowd Control Depending on the number of participants, your event may require Police services. Please describe your procedures for both Crowd Control and internal Security: Mall Security and Halloween Express Employees Have you hired Professional Security to handle security arrangements for this event? Yes ❑ No ® If YES, name and address of Security Organization Security Director (Name): Phone: ifisinthe services of a professional security firm AND the event will occur on City property, please priiv,(00 a copy of its insurance certificate, evidencing liability with limits of at least $1 Million dollars per occu anco/$2 Million dollars aggregate, as well as and additional insured endorsement naming the City of.National City, its officers, employees, and agents as additional insureds. Evidence of insurance must b0-provided by the vendor or its insurer to the City's Risk Manager for review and approval prior to the event. Is this a night event? Yes 0 No ❑ If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Halloween Express Hours are 9:00 AM to 10:00 PM. We will use SDGE Electricity to have Standard Internal Lighting and will use Parking Lot lights as well as some Flood lights and Light tower to illuminate the outside. 3 457 of 696 First Aid Depending on the number of participants, your event may require specific First Aid services. First aid station to be staffed by event staff? Yes ID No ❑ First aid/CPR certified? Yes ❑ No ❑ ❑ First aid station to be staffed by professional company. ► Company Accessibilit. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Attached, please find a map of where the tent will be set up and Halloween Express Two Marked Parking Spots for Disabled Parking Elements of our Event Setting up a stage? Yes ❑ No 0 ❑ Requesting City's PA system ❑ Requesting City Stage; if yes, which size? ❑ Dimensions (13x28) ❑ Dimensions (20x28) ❑ Applicant providing own stage ► (Dimensions) Setting up canopies or tents? # of canopies size one # of tents size 7500 sq f ❑ No canopies/tents being set up Setting up tables and chairs? ❑ Furnished by Applicant or Contractor # of tables • ❑ No tables being set up # of chairs ❑ No chairs being set up ❑ (For City Use Only) Sponsored Events — Does not apply to co -sponsored events # of tables ❑ No tables being set up # of chairs ❑ No chairs being set up Contractor Name Contractor Contact Information Address City/State Phone Number 4 458 of 696 Setting up other equipment? ❑ Sporting Equipment (explain) ❑ Other (explain) O Not setting up any equipment listed above at event Having amplified sound and/or music? Yes ❑ No D ❑ PA System for announcements 0 CD player or DJ music ❑ Live Music ► 0 Small 4-5 piece live band * 0 Large 6+ piece live band ❑ Other (explain) If using live music or a DJ. Contractor Name Address Clty/State Phone Number Using lighting equipment at your event? Yes ❑ No0 ❑ Bringing in own lighting equipment ❑ Using professional lighting company ® Company Name Address City/State Phone Number Using electrical power? Yes 1 No ❑ ® Using on -site electricity ❑ For sound and/or lighting ❑ For food and/or refrigeration ❑ Bringing in generator(s) 0 For sound and/or lighting 0 For food and/or refrigeration Vendor Information PLEASE NOTE You i are sold of>given,awa in the Special Event Gui please curt;tact the Gobi equired to apply for a temporary health permit if food ror beverages uring:your special event. Also see `Permits and Compliance' on page 8 %iv additional information on obtaining a temporary health permit, ofSan Diego Environmental Health at (619) 338-2363.. Having food and non-alcoholic beverages at your event? Yes ❑ Nod ❑ Vendors preparing food on -site b # ! Business License # If yes, please describe how food will be served and/or prepared: If you intend to cook food in the event area please specify the method: ❑ GAS ❑ ELECTRIC ❑ CHARCOAL ❑ OTHER (Specify): ❑ Vendors bringing pre -packaged food f # * Business License # ❑ Vendors bringing bottled, non-alcoholic beverages (i.e., bottled water, can soda, etc.) # ❑ Vendors selling food # ® Business License #(s) ❑ Vendors selling merchandise # ® Business License #(s) 5 459 of 696 ❑ Food/beverages to be handled by organization; no outside vendors ❑ Vendors selling services # P Business License #(s) I' Explain services ❑ Vendors passing out information only (no business license needed) # Explain type(s) of information ❑ No selling or informational vendors at event Having children activities? Yes 0 No l PLEASE NOTE:- In:the:evett inflatable jumps are provided at the event, The City of National City requires cornmercial liability insurance with limits of at least $1 Million dollars per occurrence/$2 Million dollars aggregate. In addition, the City of National City must be named as an Additional Insured pursuant to a separate :endorsement, which shall be provided by the vendor or its insurer to the City's Risk Manager, along with;the Certificate of Insurance, for approval prior to the event. The application should be filed out; at least one week prior to the event. There is a $25 fee to process the permit application. For questions er te`obtain a copy of the "Facility Use Application", please contact the Engineering/Public Works Department at (619) 336-4580. ❑ Inflatable bouncer house # ❑ Rock climbing wall Height ❑ Inflatable bouncer slide # 0 Arts & crafts (i.e., craft making, face painting, etc.) ❑ Other Having fireworks or aerial display? Yes ❑ No 11 0 Vendor name and license # Dimensions Duration Number of shells Max. size PLEASE NOTE, In the event fireworks or another aerial display is planned for your event, The City of National City requires cctr nrtiercial liability insurance with limits of at least $2 Million dollars per occurrence/,$4 Miilion_dollgrs aggregate. In addition, the City of National City must be named as an AdditiOnaHnetired pursuant to a separate endorsement, which shall be provided by the vendor or its insurer _tb the'City`s' Risk`Manager, along with the Certificate of Insurance, for approval prior to the event.: Depending;on the size and/or nature of the fireworks display, the City reserves the right to request higher liability Irrtaits The vendor must also obtain a fireworks permit from the National City Fire DePartnnent andthecost:is $502.00 Arranging for media coverage? Yes❑ No0 ❑ Yes, but media will notrequire special set-up ❑ Yes, media will require special set-up. Describe 6 460 of 696 PLEASE;NOTE: For City sponsored or co -sponsored events, banners publicizing the event may be placed on the existing poles: on the 1800 block and 3100 block of National City Boulevard. The banners must be niade to the City's specifications, Please refer to the City's Special Event Guidebook and Fee Schedule for additional:: iriforinalion..; Are you planning to have signage at your event? Yes 0 No El ❑ Yes, we will post signage # Dimensions ❑ Yes, having inflatable signage # 0 Yes, we will have banners # 4 P. (complete Inflatable Signage Request form) ❑ What will signs/banners say? Halloween Express ❑ How will signs/banners. be anchored or mounted? The banners will be fastened to the tent .with bolts Waste Mana. event' PLEASE NOTE: -bileloilet for every 250 peopleis required, unless the applicant can show that there are'sufficient facilities in the immediate area available to the public during the event. Are you planning t provide portable restrooms at the event? Yes 0 No 0 If yes, please identify the following: Total number of portable toilets: Two It, Total number of ADA accessible portable toilets: One 0 Contracting with portable toilet vendor. Diamond Environmental Services ® Load -in Day & Time 8117/2020 0 Portable toilets to be serviced. to -Time Twice a week Set-u =, Breakdown, Clean-up,: Company Phone Load -out Day & Time 11/10/2020 Setting up the day before the event? El Yes, will set up the day before the event. IN-# of set-up day(s) 14 days 0 No, set-up will occur on the event day Requesting vehicle access onto the turf? ❑ Yes, requesting access onto turf for set-up and breakdown (complete attached Vehicle Access Request form) 0 No, vehicles will load/unload from nearby street or parking lot. 7 461 of 696 NPDES-Litter Fence ❑ City to install litter fence ❑ Applicant to install litter fence 0 N/A Breaking down set-up the day after the event? Yes, breakdown will be the day after the event. II-# of breakdown day(s) 6 days ❑ No, breakdown will occur on the event day. How are you handling clean-up? 0 Using City crews ❑o Using volunteer clean-up crew during and after event. ❑ Using professional cleaning company during and after event. Miscellaneous Please list anything important about your event not already asked on this application: Please make a copy of this application for your records. We do not provide copies. 8 462 of 696 Special Events Pre -Event Storm Water Compliance Checklist I. Special Event Information Name of Special Event: Halloween Tyme LLC dba Halloween Express Event Address: 3030 Plaza Bonita Road Expected # of Attendees: Event Host/Coordinator: Phone Number: II. Storm Water Best Management Practices (BMPs) Review YES NO N/A Will enough trash cans provided for the event? Provide number of trash bins: 1 Will enough recycling bins provided for the event? Provide number of recycle bins: 1 Will all portable toilets have secondary containment trays? (exceptions for AAA compliant portable toilets) ,, V/ Do all storm drains have screens to temporarily protect trash and debris from entering? Are spill cleanup kits readily available at designated spots? * A Post -Event Storm Water Compliance Checklist will be completed by City Staff.' 9 463 of 696 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. The insurance company issuing the insurance policy must have a A.M. Best's Guide Rating of A:VII and that the insurance company is a California admitted company; if not, then the insurance policy to the issuance of the permit for the event. The Certificate Holder must reflect: City of National City Risk Management Department 1243 National City Boulevard National City, CA 91950 Halloween Tyme LLC dba Halloween Express Organization: Person in Charge of Activity: Mathew Fakir Address: 784 Avenida Codorniz, San Marcos, CA, 92069 Telephone: 414-803-8989 Date(s) of Use: 8/15/2020 tol 1/10/2020 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant: j. Official Title:57,,�, Date: For Office Use Only Certificate of Insurance Approved Date 10 464 of 696 Release and Hold Harmless Agreement THE UNDERSIGNED HEREBY AGREES THAT: In consideration for Temporary Use Permit to erect a retail Halloween Tent in the shopping center commonly known as Westfield Plaza Bonita at 3030 Plaza Bonita Road in National City California, the undersigned, on behalf of itself and its next of kin and anyone claiming through the undersigned, hereby releases, and forever indemnifies and hold harmless the City of National City and its officials, employees, agents and volunteers from any and all damages, losses, claims, demands, liabilities, obligations, actions and causes whatsoever, whether known or unknown, whether liability be direct or indirect, liquidated or unliquidated, whether absolute or contingent, foreseen or unforeseen, suspected or unsuspected, anticipated or unanticipated, disclosed or undisclosed, and whether or not heretofore asserted, upon or by reason or as a result of the use of or access to the Premises from and after the date hereof regardless of how such injury may arise, regardless of who is at fault or whose negligence caused such injury. COMPANY: Halloween Tyme LLC, dba Halloween Express NAME: Mathew Fahr TITLE: Member ADDRESS: 784 Avenida Codorniz, San Marcos, California, 92069 TELEPHONE NUMBER: SIGNATURE: DATE: 2-8-2020 414-803-8989 11 465 of 696 1114'N1,1111.19WIPErblEXPRESS Halloween Tyme LLC. dba Halloween Express 784 Avenida Codorniz San Marcos, CA 92069 T. 414-803-8989 F. 866-568-6655 Email. a a_mrnfahrAlgiaail.cont. Date: February 8, 2020 To: City of National City From: Halloween Tyme LLC Subject: Halloween Express Plan of Operation Halloween Express is excited to have the opportunity to enter into a tentative lease agreement with Westfield to set up a 50ft.by 150ft. tent at their Plaza Bonita Mall, in the City of National City. This agreement is contingent on permitting. We are requesting that the City of National City, grant us a temporary use permit to allow the tent to be set-up from August 15th to November 15th, 2020. Halloween Express's initial set up is a two week process. It includes permitting and inspection, hiring and training, coordination with tent delivery & set up team, fixture building, product inventory set up and new inventory delivery. These steps are all subject to a domino effect that requires each part of the process to start and complete before the next steps can be taken. At the end of the season, starting November l S�, Halloween Express has a three day 50 percent liquidation sale as well as three days of product inventory, fixture tear down and clean up. The final step is a two day tent tear down, therefore it is a eight day closing process. In order to ensure the tent is successful and presents a wonderful seasonal attraction to the community, Halloween Express is committed to have great product selection and great customer service. We employ about 20 to 25 part time and full time employees that will be working to complete and run the tent throughout the season. We will be open daily in September from 10:00 a.m. to 9:00 p.m. and in October from 9:00 a.m. to 10:00 p.m. Halloween Express will have significant product cost, fix cost and set up expenses. In order to retrieve our costs and be competitive in the area, we will need to be open throughout September and October. We would appreciate for the city to consider our application for Temporary use permit to set up a tent from August 15'1' to Nov 15`h 2020. Sincerely Yours, Mathew Fahr Halloween Tyme LLC 12 466 of 696 January 6, 2020 City of National City Nieghborhooc1 Service Division 1243 National City Boulevard National City, California 91950-4301 Re: Temporary Use Permit Halloween Express (Halloween Tyme) — Westfield Plaza Bonita To whom it may concern: I hereby authorize Matthew Fahr, acting as representative of Halloween Tyme, LLC, to operate a business known as Halloween Express in parking lot #2 at Westfield Plaza Bonita during the dates of August 15, 2020 —November 15, 2020. Matthew Fahr has permission to install temporary power to poles in parking lot #2 to provide power during the temporary use time if adequate power is not already in place. Matthew Fahr will obtain all necessary permits from National City for occupancy at Westfield Plaza Bonita. Please feel free to call me if you have any questions at 619.267.2850. WS e> PLAZA BONITA , 3030 Plaza Bonita Road #2075 National City, CA 91950 13 467 of 696 HALLOWEEN EXPRES 373 PLAZA BONITA TENT - OUTSIDE LAYOUT ENTRANCE side OUTBACK side 1 969 t0 99t ti ti MACYS side ROAD side - T - • I�� isht `i1)HANDICAPPED PARKING. .SPACE/ f J{}f 1 r {1)VAN ACCESSIBLE HANDICAPPED PARKING SPACE • s \..\' ~~` , ' N•\\ \ (1) STANDARD PORT-A-JON ty (1) HANDICAPPED PORT-A-JON (1) HAND'NASH STATION trh , Go gle earth feet meters HALLOWEEN EXPRESS TENT LOCATION 50FT X 150FT 8/17/20 - 11 /10/20 100 I a, 116 400 A 15 469 of 696 4 OUTBACK STEAKHOUSE ;r 1 i f TENT STRUCTURE GRID WALL 7' 1 I I I I I 6' 6 I I Ea (1) STANDARD PORT A-1ON (1) HANDICAPPED PORT•A-JON (1) WASH STAi1ON T 6' 6' 6' • 7' { 11♦==111111111\ 20'3 CASH WRAP 0 NO PARKING WITHIN 20FT OF TENT Er FITTING�ROOf SRNDARD SWJDARD STANDARD T 6' HANK®^ 4E-OPENING T 6' 1 I 1 1 T { 6' { I I I I 7' 1 7' 1 T 6' 1 1 1 1 IIJ--9' I I 18' STORAGE 30' 8'-1, L FIRE EXTINGUISHER EXIT SIGN (BACKLIT W/ BM i ERY BACK-UP) • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 969 to OLt7 NOTE: ALL EXIT SIGNS NEED TO BE GREEN HALLOWEEN EXPRESS 15M X 45M CLEARSPAN STRUCTURE (ENTRANCE ON LONG SIDE) PLAZA BONITA MALL TENT DRAWN BY: M Mc DATE: 02-04-2020 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Halloween Express EVENT: Halloween Retail Tent DATE OF EVENT: August 28, 2020 to November 4, 2020 APPROVALS: COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ ] COMMUNITY DEVELOPMENT YES [ x ] NO [ ] SEE CONDITIONS [ x CONDITIONS OF APPROVAL: PUBLIC WORKS (619)366-4580 No involvement POLICE DEPARTMENT The police department has no stipulations. ENGINEERING No comments CITY ATTORNEY Approved on conditions that Risk Manager approves COMMUNITY SERVICES No involvement 17 471 of 696 COMMUNITY DEVELOPMENT Planning No comments Building • The exiting meets all the current code requirements per chapter 10 of the 2019 CBC • The path of travel for the disabled is not clearly identified on the plan, but it can be field verified by the Building Inspector. • The occupant Toad for this size and use of this structure is 125 occupants and should be posted. • The proposed portable restrooms both for the public and disabled persons is adequate • We did not do any structural plan review on this temporary structure do to the fact that no details have been provided • There were no details for any of the accessibilities requirements such as service counters size and heights, dressing room dimensions and bench supports and any signage. • There were no electrical or lighting plans for this project. • Also we need to know the source of the electrical service to the proposed stricture and the wiring method. Fee Plan/Site Review $154.86 Neighborhood Services Neighborhood Notifications — Events are required to notify residents and/or businesses of the surrounding impacted areas by the event. The notice shall include the name of the event, name and phone number of the company/organization producing the event, the dates and times of the event (including set-up and breakdown) and a detailed description of how the residents and/or businesses may be affected, such as by street closures, "No Parking" signs being posted, music at the event, etc. 18 472 of 696 FINANCE Halloween Express has paid for the 2020 Business License. Finance/Business License has no further comments or Stipulations. License # in the new system (HDL) is #09011658. RISK MANAGER (619) 336-4370 Risk Management has reviewed the above captioned application for the issuance of a Temporary Use Permit. In as much as the event will held solely on private property there will be no additional insurance requirements necessary for the issuance of the permit. It should be noted that the Hold Harmless and Indemnification Agreement were properly executed by the applicant at the time the Special Event Application was submitted. FIRE (619) 336-4550 $60000 TENT FEE Stipulations required by the Fire Department for this event are as follows: 1) Access to the area to be maintained at all times, entrances and emergency roadways 2) Fire Department access into and through event areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 14 feet 3) Fire Hydrants shall not be blocked or obstructed 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s) 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s) 19 473 of 696 6) If tents or canopies are used, the following information shall apply: • Tents having an area from 0-200 square feet shall be $300.00 • Tents having an area more than 201 square feet shall be $600.00 • Canopies having an area from 0-400 square feet shall be no charge. • Canopies from 401-500 square feet shall be $353.00. • Canopies from 501-600 square feet shall be $394.00. • Canopies from 601 square feet or greater shall be $515.00. • Multiple tents and or canopies placed together equaling or greater than the above stated information shall be charged accordingly. • Tents shall be flame-retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Fees can only be waived by the City Council. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained 7) A tent shall not be located within 20 feet of lot lines, buildings, other tents, canopies or membrane structures, parked vehicles or internal combustion engines. For the purpose of determining required distances, support ropes and guy wires shall be considered as part of the temporary membrane structure, tent or canopy 8) Provide a minimum of 2A:10BC fire extinguishers inside tent area. Extinguisher to be mounted in a visible location between 3'/z`to 5' from the floor to the top of the extinguisher (See Attached). Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. A sign describing location of extinguisher (Fire Extinguisher) shall be placed immediately above the fire extinguisher 9) Exit openings from tents shall remain open and identified unless covered by a flame —resistant curtain. The curtain shall comply with the following: • Curtains shall be free sliding on a metal support. The support shall be a minimum of 80 inches above the floor level at the exit. Then curtains shall be so arranged that, when open, no part of the curtain obstructs the exit • Curtains shall be of a color, or colors, that contrast with the color of the tent 10) In public tent areas, smooth surfaced, unobstructed aisles having a minimum width of not less than 44 inches shall be provided from seating areas, and aisles shall be progressively increased in width to provide, at all points, not less than 1 foot of isles width for each 50 persons served by such aisles at the point 11) The arrangement of aisles shall be subject to approval by the fire code official and shall be maintained clear at all times during occupancy 20 474 of 696 12) All chairs used for seating inside tent shall be secured to one another using approved chair binding methods 13) Exits shall be clearly marked. Exit signs shall be installed at required exit doorways and where otherwise necessary to indicate clearly the direction of egress when the exit serves and occupant of 50 or more 14) Exit signs shall be GREEN in color and shall be of an approved self-lumination type or shall be internally or externally illuminated by luminaries supplied in the following manner: • Two separate circuits, one of which shall be separated from all other circuits, for occupant loads of 300 or less 15) Means of egress shall be illuminated with light (Bug Eyes) having an intensity of not less than 1 foot-candle at the floor level while the structure is occupied. Fixtures required for means of egress illumination shall be supplied from a separate circuit or source of power 16) Exits, aisles and passageways shall not be blocked, locked or otherwise obstructed, and shall have their minimum clear width available at all times 17) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. Consult building official for requirements and inspection of electrical 18) Vehicles shall be isolated from contact with the tents or canopies, Vehicles shall be at least 20 feet away from tents or canopies 19) Every room or space, shall have the occupant load of the tent or space posted in a conspicuous place, near the main exit or exit access doorway from the room or space. Posted signs shall be of an approved legible permanent design and shall be maintained by the owner or authorized agent. The maximum occupant load of this space shall be based on room set-up and items placed inside tents or canopies. The maximum occupancy load shall posted by the Building or Fire Official based on room configuration. At no time shall the owner or agent allow the posted occupant load to be exceeded. Occupant load sign shall be clearly visible at all times, (Looks to be 125 total' Occupant toad) 20) Smoking shall not be permitted in tents, canopies or membrane structures. Approved "No Smoking" signs shall be conspicuously posted 21) Spot or effect lighting shall only be by electricity, and all combustibles construction located within 6 feet of such equipment shall be protected with approved noncombustible insulation not less than 9.25 inches thick 21 475 of 696 22) There shall be a minimum clearance of at least 3 feet between the fabric envelope and all contents located inside the tent structure 23) The floor surface inside tents and canopy structures and grounds outside and within a 30-foot perimeter shall be kept clear of combustible waste. Such waste shall be stored in approved containers until removed from the premises. Combustible waste shall be removed from the structure as necessary and daily to meet code 24) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event 25) Please contact the National City Fire Department to arrange a time for inspection. Periodic inspections will be conducted by the Fire Department for this event 26) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of two hundred ($191.00) dollars. 27) Fire Department fees can only be waived by City Council 28) All Jumpers, Bounce Houses, I.nflatables, Stage coverings etc. shall have a Certificate of State Fire Marshal flame resistance shall be provided to the National City Fire Department before the event. If you have any questions please feel free to contact me. 22 476 of 696 CC/CDC-HA Agenda 3/17/2020 — Page 477 The following page(s) contain the backup material for Agenda Item: Warrant Register #30 for the period of 1/15/20 through 1/21/20 in the amount of $424,659.10. (Finance) Please scroll down to view the backup material. 477 of 696 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 17, 2020 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #30 for the period of 1/15/20 through 1/21/20 in the amount of $424,659.10. (Finance) PREPARED BY: Karla Apalategui, Senior Accounting Assistant DEPARTMENT: Finance PHONE: 619-336-4572 EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period 1115/20 - 1/21/20. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor D-Max Engineering Inc SDG&E Tyler Technologies Inc Check/Wire 345854 345885 345899 Amount 118,140.75 60,660.46 60,843.32 APPROVED BY. Explanation Paradise Creek at Kimball Way Gas & Electric Utilities FY 2020 Eden Renewal FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $424,659.10. APPROVED: `77/74 , 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 $424,659.10 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 30 478 of 696 CALIFORNIA PAYEE ACME SAFETY & SUPPLY CORP AEP CALIFORNIA LLC ALLSTATE SECURITY SERVICES INC AMAZON AT&T BAKER & TAYLOR BEHAVIOR ANALYSIS TRAINING INC BOOT WORLD BRINK'S INCORPORATED BRODART CO BULLDOG TOWING CALIFA GROUP CALIFORNIA ASSOCIATION OF CODE CALIFORNIA ELECTRIC SUPPLY CAMARGO, C CITY CLERKS ASSOCIATION OF CA CLEAR WATER TECHNOLOGIES LLC CLF WAREHOUSE INC COMBINED SYSTEMS INC COUNTY OF SAN DIEGO COX COMMUNICATIONS CSMFO DANIELS TIRE SERVICE DISCOUNT SPECIALTY CHEMICALS D-MAX ENGINEERING INC FACTORY MOTOR PARTS FLEET SERVICES INC FRAUSTO, R FUN EXPRESS LLC GAYLORD BROS INC GRAINGER HANDY METAL MART HD SUPPLY CONSTRUCTION AND HOME DEPOT CREDIT SERVICES JJJ ENTERPRISES LASER SAVER INC MAINTEX INC MIDWEST TAPE MULTIQUIP INC NAPA AUTO PARTS NATIONAL CITY CAR WASH OFFICE SOLUTIONS BUSINESS O'REILLY AUTO PARTS O'REILLY AUTO PARTS PARTS AUTHORITY METRO LLC PENSKE FORD PHILLIPS, W POWERSTRIDE BATTERY CO INC NATIONAL eiry ZATCORFORArro WARRANT REGISTER # 30 1/21/2020 DESCRIPTION SAFETY APPAREL / PW UPFIT 2012 CHEVY TAHOE SECURITY SERVICES FOR FY20 - OCTOBER BOOKS FOR LIBRARY AS NEEDED FOR FY20 AT&T SBC ANNUAL PHONE SERVICE FOR FY20 BOOKS AS NEEDED FOR FY20 TRAINING TUITION INV INTER GUTIERREZ MOP 64096 SAFETY WEARING APPAREL - PW ARMORED SERVICES / JAN 2020 / FINANCE BOOKS AS NEEDED FOR FY20. TOWING - FIRE TRUCK CALIFA BROADBAND FY20 CRITICAL THINKING COURSE / NSD MOP 45698 ELECTRIC SUPPLIES - PW TRAINING REIM RECRDS SUPRV CYNTHIA CCAC 2020 MEMBERSHIP RENEWAL THRU JULY 2 WATER TREATMENT SERVICE AGREEMENT / ENG MOP 80331 AUTO SUPPLIES - PW LESS LETHAL AMMO MAIL PROCESSING SERVICES COX DATA VIDEO SERVICES FY20 JOB ADVERTISING - PAYROLL TECHNICIAN TIRES FOR CITY FLEET FOR FY 2020 BIG RED -NON ACID DRAIN OPENER PARADISE CREEK AT KIMBALL WAY MOP 82766 AUTO SUPPLIES - PW MOP 67804 AUTO SUPPLIES - PW TRAINING BACKGROUND INV FRAUSTO CAMACHO KIDS NIGHT OUT MATERIALS FOR LOCAL HISTORY ROOM / LIBRARY MOP 65179 GENERAL SUPPLIES - PW PS PIPE / PW RATCHET HARD HAT GENERAL SUPPLIES FOR FY20 FIRE AND SECURITY ALARM MONITORING MOP 45725. INK CARTRIDGES / MIS CITYWIDE JANITORIAL SUPPLIES & PARTS AUDIO VISUAL MATERIALS / LIBRARY SP2S2OH, 20" FLAT SAW MOP 45735 GENERAL SUPPLIES - PW CAR WASH SERVICES FOR CITY FLEET FY 2020 MOP 83778. OFFICE SUPPLIES/ LIBRARY MOP 75877 AUTO SUPPLIES - PW MOP 75877 AUTO SUPPLIES - PW MOP 75943 AUTO SUPPLIES - PW R&M CITY VEHICLES FOR FY 2019 TRAINING ADV LDG BCKGRD INV PHILLIPS SR BATTERIES / PW CHK NO 345828 345829 345830 345831 345832 345833 345834 345836 345837 345838 345839 345840 345841 345842 345843 345844 345845 345846 345847 345848 345849 345850 345852 345853 345854 345855 345856 345857 345858 345859 345861 345862 345863 345864 345865 345866 345867 345868 345869 345870 345871 345872 345873 345874 345875 345876 345877 345878 DATE 1/21/20 1/21/20 1/21/20 1/21/20 1/21/20 1/21/20 1/21/20 1/21/20 1/21/20 1/21/20 1/21/20 1/21/20 1/21/20 1/21/20 1/21/20 1/21/20 1/21/20 1/21/20 1/21/20 1/21/20 1/21/20 1/21/20 1/21/20 1/21/20 1/21/20 1/21/20 1/21/20 1/21/20 1/21/20 1/21/20 1/21/20 1/21/20 1/21/20 1/21/20 1/21/20 1/21/20 1/21/20 1/21/20 1/21/20 1/21/20 1/21/20 1/21/20 1/21/20 1/21/20 1/21/20 1/21/20 1/21/20 1/21/20 AMOUNT 267.20 16,782.31 3,405.35 3,166.05 85.03 1,363.96 481.00 500.00 304.99 328.40 1,642.50 4,768.74 99.00 1,164.87 203.86 85.00 475.00 121.58 995.10 4,191.52 3,774.23 275.00 1,601.19 274.74 118,140.75 76.96 44.74 430.16 14.67 251.28 2,775.83 15.99 200.80 1,175.32 480.00 1,298.72 558.32 1,064.25 8,422.40 10.86 215.00 361.16 130.39 91.28 296.61 230.13 430.16 896.65 1/2 479 of 696 CALIFORNIA °-e- PAYEE PRO BUILD COMPANY PRUDENTIAL OVERALL SUPPLY RIVERSIDE SHERIFF'S DEPT SAM'S ALIGNMENT SAN DIEGO MIRAMAR COLLEGE SAN DIEGO POLICE EQUIPMENT SDG&E SITEONE LANDSCAPE SUPPLY LLC SMART & FINAL SMART SOURCE OF CALIFORNIA LLC SONSRAY MACHINERY LLC SOUTHERN CALIF TRUCK STOP STAPLES BUSINESS ADVANTAGE SUPERIOR READY MIX SWEETWATER AUTHORITY TERMINIX INTERNATIONAL TERRA BELLA NURSERY INC THE PUN GROUP LLP THE STAR NEWS TRUE CUSTOMS TYLER TECHNOLOGIES INC U S BANK UNITED TRANSMISSION EXCHANGE VERIZON WIRELESS VORTEX INDUSTRIES INC VULCAN MATERIALS COMPANY WATSON, S WAXIE SANITARY SUPPLY WESTFLEX INDUSTRIAL WETMORES WILLY'S ELECTRONIC SUPPLY SECTION 8 HAPS NATIONAL My '` IN'CORFOILAi En WARRANT REGISTER # 30 1/21/2020 DESCRIPTION MOP 45707 GENERAL SUPPLIES - PW MOP 45742 LAUNDRY SERVICES - PW TRAINING BCKGRD INV 2 ATTENDING WHEEL ALIGNMENT SERVICE FOR CITY TRAINING TUITION ROT FOR 3 OFFICERS SAFETY VESTS / PD GAS & ELECTRIC UTILITIES FOR PW FY 2020 MOP 69277 LANDSCAPE SUPPLIES - PW MOP 45756. LITERACY SUPPLIES / LIBRARY MOP 24302 PRINTING PD STUDS / PW MOP 45758 GENERAL AUTO SUPPLIES - PW MOP 45704 OFFICE SUPPLIES - PW ASPHALT, TACK 3/8 SHEET FY 2020 WATER BILL FOR FACILITIES FY 2020 CITY OWNED FACILITIES ONGOING PEST 15G LOPHOSTEMON CONFERTUS FY 2019 AUDIT SERVICES / FINANCE ADVERTISING NOTICES FOR FY20 FRONT STRIP / PW EDEN RENEWAL TRAINING CREDIT CARD PD SYNTHETIC OIL VERIZON CELLULAR SERVICES FOR FY20 CITY WIDE ON SITE SERVICE & REPAIRS AGG & ASPHALT GRAVEL MILE REIMBURSEMENT WATSON / NSD MISCELLANEOUS JANITORIAL SUPPLIES MOP 63850. SUPPLIES FOR EQUIPMENT MOP 80333 AUTO SUPPLIES - PW MOP 24550. ELECTRICAL SUPPLIES / MIS Start Date 1/15/2020 End Date 1/21/2020 GRAND TOTAL CHK NO DATE AMOUNT 345879 1/21/20 6,377.96 345880 1/21/20 1,293.88 345881 1/21/20 498.00 345882 1/21/20 60.00 345883 1/21/20 69.00 345884 1/21/20 4,453.32 345885 1/21/20 60,660.46 345886 1/21/20 303.11 345887 1/21/20 143.92 345888 1/21/20 810.80 345889 1/21/20 35.18 345890 1/21/20 314.52 345891 1/21/20 572.37 345892 1/21/20 2,513.28 345893 1/21/20 24,574.75 345894 1/21/20 1,060.00 345895 1/21/20 928.70 345896 1/21/20 12,220.00 345897 1/21/20 156.31 345898 1/21/20 30.00 345899 1/21/20 60,843.32 345900 1/21/20 4,811.19 345901 1/21/20 7,707.06 345902 1/21/20 271.03 345903 1/21/20 1,500.00 345904 1/21/20 366.90 345905 1/21/20 109.22 345906 1/21/20 2,385.04 345907 1/21/20 2,727.43 345908 1/21/20 12.91 345909 1/21/20 14.82 A/P Total 381,793.53 42,865.57 $ 424,659.10 2/2 480 of 696 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 17TH OF MARCH 2020. AYES NAYS ABSENT 481 of 696 CC/CDC-HA Agenda 3/17/2020 — Page 482 The following page(s) contain the backup material for Agenda Item: Warrant Register #31 for the period of 1/22/20 through 1/28/20 in the amount of $2,655,771.73. (Finance) Please scroll down to view the backup material. 482 of 696 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 17, 2020 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #31 for the period of 1/22/20 through 1/28/20 in the amount of $2,655,771.73. (Finance) PREPARED BY: Karla Apalategui, Accounting Assistant PHONE: 619-336-4572 EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period ';22/20 - 1/28/20. Consistent with Department of Finance's practice, listed below are all payments above $50,000. DEPARTMENT: Finance Vendor Chen Ryan Associates Dick Miller Inc Portillo Concrete Inc Whillock Contracting SDG&E Kaiser Foundation HP Check/Wire 345914 345917 345931 345943 345944 345973 Amount 62,094.78 222,321.80 544,578.62 301,229.38 57,043.58 178,295.84 APPROVED BY: Explanation 24' St TODO Paradise Creek WQ&C Enh Euclid Avenue Bicycle & Ped Paradise Creek Park Site Rem Gas & Electric Utilities Group No. 104220-0002 — Dec 2019 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $2,655,771.73. APPROVED: L 17774 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 $2,655,771.73 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 31 483 of 696 1r/ CALIFORNIA PAYEE ACE UNIFORMS & ACCESSORIES INC AEP CALIFORNIA LLC ALDEMCO CALIFORNIA FESTIVALS CHEN RYAN ASSOCIATES INC COUNTY OF SAN DIEGO DAY WIRELESS SYSTEMS DICK MILLER INC DISCOUNT SIGNS & BANNERS FARO TECHNOLOGIES INC FORDYCE CONSTRUCTION INC GONZALEZ, HERMELINDA GRAINGER KTUA LANGUAGE LINE SERVICES LASER SAVER INC MOTOROLA SOLUTIONS INC NAPA AUTO PARTS NV5 INC OFFICE SOLUTIONS BUSINESS PADRE JANITORIAL SUPPLIES PORTILLO CONCRETE INC PRO BUILD COMPANY PRUDENTIAL OVERALL SUPPLY SEAPORT MEAT COMPANY SEWARD, G SIRCHIE FINGER PRINT SMART & FINAL SMART SOURCE OF CALIFORNIA LLC STAPLES BUSINESS ADVANTAGE SYSCO SAN DIEGO INC TECHNOLOGY INTEGRATION GROUP WAXIE SANITARY SUPPLY WHILLOCK CONTRACTING SDG&E ACE UNIFORMS & ACCESSORIES INC ASCAP AT&T AT&T BERMUDEZ, JACKIE CASAS, LAURA CDWG CEPA OPERATIONS INC CLAIMS MANAGEMENT ASSOCIATES COLANTUONO HIGHSMITH CONTRERAS, R COPWARE INC COUNCIL OF SELF -INSURED PUBLIC NATIONAL CITy coRPOR VJ WARRANT REGISTER # 31 1/28/2020 DESCRIPTION NAME PLATES TRUNK VAULT HIGHLANDER FOOD NUTRITION COMMUNITY SERVICES CALFEST CONVENTION 20 24TH ST TODO PERMIT FEES - NUTRITION QUARTERLY BILLING PARADISE CREEK WQ&C ENH. HELMET DECALS SOFTWARE 1430 HOOVER AVENUE WAREHOUSE BUILDING FEE REFUND MOP 09513 RANGE SUPPLIES PD WATERFRONT TO HOMEFRONT LANGUAGE LINE DISPATCH MOP 45725: TONER CARTRIDGES USED BY S8 INV 16078823 / PORTABLE RADIOS MOP 45735, FIRE CHARGES T&A90466 CDP2019-4088 MOP 83778, FIRE CHARGES CONSUMABLES - NUTRITION EUCLID AVENUE BICYCLE & PED. MOP 45707, FIRE CHARGES UNIFORM CLEANING SERVICE FOOD NUTRITION REIMB: SEWARD CATO PARKING CALIBRATION, GAS METER MOP 00280 CHRISTMAS GIVE AWAY PD MOP 63845, FIRE CHARGES MOP 45704, FIRE CHARGES FOOD NUTRITION MIS EQUIP JANITORIAL SUPPLIES: FIRE PARADISE CREEK PARK SITE REM. GAS AND ELECTRIC UTILITIES WEARING APPAREL LICENSE FEE-01/01-12/31/2020 AT&T SBC ANNUAL PHONE SERVICE FOR FY20 AT&T SBC ANNUAL PHONE SERVICE FOR FY20 REGISTRATION REFUND FOR CAMACHO REC CITY COUNCIL TRANSLATION 01-21-2020 FUJITSU SCANNER SCANSNAP IX1500 FUME HOOD CERTIFICATION / PD PROFESSIONAL SERVICES LIABILITY CLAIM COST REGISTRATION REFUND FOR CAMACHO REC CA PEACE OFFICERS LEGAL SOURCEBOOK / PD COSIPA 2020 ANNUAL MEMBERSHIP CHK NO 345910 345911 345912 345913 345914 345915 345916 345917 345918 345919 345920 345921 345922 345923 345924 345925 345926 345927 345928 345929 345930 345931 345932 345933 345934 345935 345936 345937 345938 345939 345940 345941 345942 345943 345944 345945 345946 345947 345948 345949 345950 345951 345952 345953 345954 345955 345956 345957 DATE 1/27/20 1/27/20 1/27/20 1/27/20 1/27/20 1/27/20 1/27/20 1/27/20 1/27/20 1/27/20 1/27/20 1/27/20 1/27/20 1/27/20 1/27/20 1/27/20 1/27/20 1/27/20 1/27/20 1/27/20 1/27/20 1/27/20 1/27/20 1/27/20 1/27/20 1/27/20 1/27/20 1/27/20 1/27/20 1/27/20 1/27/20 1/27/20 1/27/20 1/27/20 1/28/20 1/28/20 1/28/20 1/28/20 1/28/20 1/28/20 1/28/20 1/28/20 1/28/20 1/28/20 1/28/20 1/28/20 1/28/20 1/28/20 AMOUNT 36.53 1,957.50 2,082.48 800.00 62,094.78 495.50 5,391.75 222,321.80 104.52 677.04 15,307.30 406.80 346.28 10,662.50 89.89 1,369.44 9,675.65 70.96 4,546.00 47.11 813.66 544,578.62 53.04 204.54 613.52 31.25 202.60 182.88 340.10 273.89 2,199.74 511.13 1,152.86 301,229.38 57,043.58 183.14 725.00 8,721.32 502.90 33.00 100.00 608.72 195.00 4,800.00 8.39 25.00 2,220.00 150.00 1/3 484 of 696 1r/ CALIFORNIA PAYEE COX COMMUNICATIONS CSAC EXCESS INS AUTHORITY DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DE LAGE LANDEN DEPARTMENT OF JUSTICE DEPT OF JUSTICE GEORGE H WATERS NUTRITION CTR HOME DEPOT CREDIT SERVICES IDEMIA IDENTITY & SECURITY USA JANI-KING OF CALIFORNIA INC KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS LASER SAVER INC LEXIPOL LLC LIEBERT CASSIDY WHITMORE LOPEZ, TERESA YOLANDA MAN K9 INC MANAGEMENT PARTNERS MANGUM, N MAZZARELLA & MAZZARELLA LLP MCDOUGAL LOVE ECKIS MOTOPORT NAN MCKAY AND ASSOCIATES INC NATIONAL CITY HISTORICAL NBS OFFICE SOLUTIONS BUSINESS PALOMAR HEALTH PROFESSIONAL SEARCH GROUP LLC SMART & FINAL SMART SOURCE OF CALIFORNIA LLC SOUTH BAY COMMUNITY SERVICES SOUTH COAST EMERGENCY STAPLES BUSINESS ADVANTAGE SWRCB TELECOM LAW FIRM P C THE ALTUM GROUP THE STAR NEWS US BANK VCA MAIN ST ANIMAL HOSPITAL VERDIN, GUSTAVO WEST PAYMENT CENTER NATIONAL CITy coRPOR VJ WARRANT REGISTER # 31 1/28/2020 DESCRIPTION COX DATA VIDEO SERVICES FY20 PROPERTY INSURANCE LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST DE LAGE LANDEN PO FY20 NEW EMPLOYEE FINGERPRINT RESULTS DOJ INVESTIGATIVE SERVICES EMPLOYEE HOLIDAY EVENT GENERAL SUPPLIES NEEDED FOR BUILDING NEW EMPLOYEE FINGERPRINT TEST SUBMISSION JANITORIAL SERVICES FOR HOLLISTER GROUP NO. 104220-0002 - DEC 2019 GRP# 104220-01, 06, 07 / DEC 2019 GRP# 104220-03, 09 - DEC 2019 GROUP NO. 104220-05 / DEC 2019 GRP NO. 104220-7002 / DEC 2019 MOP 45705. INK CARTRIDGES / MIS CONTRACT SERVICES PERSONNEL MATTER TRANSLATION SERVICES AS NEEDED FOR FY20 CAR DECAL STICKERS / PD CONSULTING SERVICES REIMBURSEMENT / N.PEDONE/CAO LIABILITY CLAIM COST LIABILITY CLAIM COST AIR MESH JACKET - DARK BLUE- CUSTOM / PD PAY NAN MCKAY - FINANCIAL MGMT TRAINING ANNUAL EXPENSE PAYMENT NBS - LANDSCAPE MAINTENANCE DISTRICT INV 188802-188801 - FURNITURE / CITY CLERK MEDICAL SERVICES TEMPORARY SERVICES / NSD MOP #45756/OFFICE SUPPLIES/HR MOP 63845. BUDINESS CARDS / MAYOR'S OFFICE HOME AGREEMENT: SOUTH BAY COMMUNITY ENCODER ASSY / PW MOP 20468 / OFFICE SUPPLIES / PD SWRCB / ENG PROFESSIONAL SERVICES / CAO AMORTIZATION - THE ALTUM GROUP ADVERTISING NOTICES FOR FY20 DECEMBER CREDIT CARD STATEMENT - CSD K-9 CARE AND SUPPLIES LIABILITY CLAIM COST INVESTIGATIVE SERVICES CHK NO DATE AMOUNT 345958 1/28/20 85.83 345960 1/28/20 1,225.00 345961 1/28/20 1,651.09 345962 1/28/20 931.90 345963 1/28/20 579.95 345964 1/28/20 95.00 345965 1/28/20 2,939.63 345966 1/28/20 192.00 345967 1/28/20 256.00 345969 1/28/20 1,200.00 345970 1/28/20 6,290.96 345971 1/28/20 12.00 345972 1/28/20 1,435.89 345973 1/28/20 178,295.84 345974 1/28/20 20,085.04 345975 1/28/20 6,120.29 345976 1/28/20 3,739.84 345977 1/28/20 2,176.96 345978 1/28/20 568.49 345979 1/28/20 367.50 345980 1/28/20 2,304.00 345981 1/28/20 160.00 345982 1/28/20 680.07 345983 1/28/20 4,035.00 345984 1/28/20 12.00 345985 1/28/20 4,825.00 345986 1/28/20 2,814.79 345987 1/28/20 1,501.70 345988 1/28/20 1,220.50 345989 1/28/20 5,000.00 345990 1/28/20 899.92 345991 1/28/20 8,818.64 345992 1/28/20 4,050.00 345993 1/28/20 3,504.00 345994 1/28/20 27.58 345995 1/28/20 36.98 345996 1/28/20 10,826.00 345997 1/28/20 8,581.05 345998 1/28/20 364.12 345999 1/28/20 21,344.00 346000 1/28/20 1,080.00 346001 1/28/20 4,248.75 346002 1/28/20 51.25 346003 1/28/20 564.41 346004 1/28/20 1,277.11 346005 1/28/20 1,091.83 346006 1/28/20 608.63 2/3 485 of 696 1/✓ _ t CALIFORNIA s T tI ONAL curs IN R ED WARRANT REGISTER # 31 1/28/2020 PAYEE DESCRIPTION CHK NO DATE AMOUNT WILLY'S ELECTRONIC SUPPLY WILLY'S ELECTRONICS MOP FY20 346007 1/28/20 179.32 PAYROLL Pay period Start Date 2 12/31/2019 End Date 1/13/2020 Check Date 1/22/2020 A/P Total 1,584,542.95 1,071,228.78 GRAND TOTAL $ 2,655,771.73 3/3 486 of 696 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 17TH OF MARCH 2020. AYES NAYS ABSENT 487 of 696 CC/CDC-HA Agenda 3/17/2020 — Page 488 The following page(s) contain the backup material for Agenda Item: Warrant Register #32 for the period of 1/29/20 through 2/4/20 in the amount of $1,284,377.87. (Finance) Please scroll down to view the backup material. 488 of 696 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 17, 2020 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #32 for the period of 1/29/20 through 2/4/20 in the amount of $1,284,377.87. (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'1,'`2 Y/20 - 2/4/20. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation MJC Construction 346097 57,496.75 Emergency Work Sink Hole Rachel Ave - Eng FINANCIAL STATEMENT: APPROVED: (1/77,,a.1FINANCE ACCOUNT NO. Warrant total $1,284,377.87. 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 $1,284,377.87 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 32 489 of 696 CALIFORNIA -K+ 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 NATIONA.I. CI FOR tNC�,ppROA7E0D WARRANT REGISTER # 32 2/4/2020 DESCRIPTION CHK NO DATE AMOUNT RETIREE HEALTH BENEFITS FEB 2020 346008 2/4/20 160.00 RETIREE HEALTH BENEFITS FEB 2020 346009 2/4/20 110.00 RETIREE HEALTH BENEFITS FEB 2020 346010 2/4/20 70.00 RETIREE HEALTH BENEFITS FEB 2020 346011 2/4/20 140.00 RETIREE HEALTH BENEFITS FEB 2020 346012 2/4/20 110.00 RETIREE HEALTH BENEFITS FEB 2020 346013 2/4/20 260.00 RETIREE HEALTH BENEFITS FEB 2020 346014 2/4/20 580.00 RETIREE HEALTH BENEFITS FEB 2020 346015 2/4/20 400.00 RETIREE HEALTH BENEFITS FEB 2020 346016 2/4/20 290.00 RETIREE HEALTH BENEFITS FEB 2020 346017 2/4/20 165.00 RETIREE HEALTH BENEFITS FEB 2020 346018 2/4/20 420.00 RETIREE HEALTH BENEFITS FEB 2020 346019 2/4/20 280.00 RETIREE HEALTH BENEFITS FEB 2020 346020 2/4/20 520.00 RETIREE HEALTH BENEFITS FEB 2020 346021 2/4/20 140.00 RETIREE HEALTH BENEFITS FEB 2020 346022 2/4/20 250.00 RETIREE HEALTH BENEFITS FEB 2020 346023 2/4/20 660.00 RETIREE HEALTH BENEFITS FEB 2020 346024 2/4/20 110.00 RETIREE HEALTH BENEFITS FEB 2020 346025 2/4/20 680.00 RETIREE HEALTH BENEFITS FEB 2020 346026 2/4/20 480.00 RETIREE HEALTH BENEFITS FEB 2020 346027 2/4/20 250.00 RETIREE HEALTH BENEFITS FEB 2020 346028 2/4/20 250.00 RETIREE HEALTH BENEFITS FEB 2020 346029 2/4/20 620.00 RETIREE HEALTH BENEFITS FEB 2020 346030 2/4/20 460.00 RETIREE HEALTH BENEFITS FEB 2020 346031 2/4/20 220.00 RETIREE HEALTH BENEFITS FEB 2020 346032 2/4/20 270.00 RETIREE HEALTH BENEFITS FEB 2020 346033 2/4/20 540.00 RETIREE HEALTH BENEFITS FEB 2020 346034 2/4/20 700.00 RETIREE HEALTH BENEFITS FEB 2020 346035 2/4/20 115.00 RETIREE HEALTH BENEFITS FEB 2020 346036 2/4/20 120.00 RETIREE HEALTH BENEFITS FEB 2020 346037 2/4/20 480.00 RETIREE HEALTH BENEFITS FEB 2020 346038 2/4/20 135.00 RETIREE HEALTH BENEFITS FEB 2020 346039 2/4/20 500.00 RETIREE HEALTH BENEFITS FEB 2020 346040 2/4/20 120.00 RETIREE HEALTH BENEFITS FEB 2020 346041 2/4/20 600.00 RETIREE HEALTH BENEFITS FEB 2020 346042 2/4/20 400.00 RETIREE HEALTH BENEFITS FEB 2020 346043 2/4/20 200.00 RETIREE HEALTH BENEFITS FEB 2020 346044 2/4/20 780.00 RETIREE HEALTH BENEFITS FEB 2020 346045 2/4/20 140.00 RETIREE HEALTH BENEFITS FEB 2020 346046 2/4/20 480.00 RETIREE HEALTH BENEFITS FEB 2020 346047 2/4/20 50.00 RETIREE HEALTH BENEFITS FEB 2020 346048 2/4/20 300.00 RETIREE HEALTH BENEFITS FEB 2020 346049 2/4/20 480.00 RETIREE HEALTH BENEFITS FEB 2020 346050 2/4/20 600.00 RETIREE HEALTH BENEFITS FEB 2020 346051 2/4/20 160.00 RETIREE HEALTH BENEFITS FEB 2020 346052 2/4/20 100.00 RETIREE HEALTH BENEFITS FEB 2020 346053 2/4/20 280.00 RETIREE HEALTH BENEFITS FEB 2020 346054 2/4/20 290.00 RETIREE HEALTH BENEFITS FEB 2020 346055 2/4/20 105.00 1/4 490 of 696 CALIFORNIA -K+ ATi0N L airy FOR tNC�,ppROA7E0D WARRANT REGISTER # 32 2/4/2020 PAYEE DESCRIPTION CHK NO DATE AMOUNT MENDOZA, G RETIREE HEALTH BENEFITS FEB 2020 346056 2/4/20 290.00 MINER, D RETIREE HEALTH BENEFITS FEB 2020 346057 2/4/20 580.00 MORRISON, R RETIREE HEALTH BENEFITS FEB 2020 346058 2/4/20 520.00 NAGLE, D RETIREE HEALTH BENEFITS FEB 2020 346059 2/4/20 460.00 NOTEWARE, D RETIREE HEALTH BENEFITS FEB 2020 346060 2/4/20 120.00 OLIVARES, G RETIREE HEALTH BENEFITS FEB 2020 346061 2/4/20 280.00 OLIVERIA, H RETIREE HEALTH BENEFITS FEB 2020 346062 2/4/20 360.00 PAUU JR, P RETIREE HEALTH BENEFITS FEB 2020 346063 2/4/20 340.00 PEASE JR, D RETIREE HEALTH BENEFITS FEB 2020 346064 2/4/20 140.00 PETERS, S RETIREE HEALTH BENEFITS FEB 2020 346065 2/4/20 290.00 POST, R RETIREE HEALTH BENEFITS FEB 2020 346066 2/4/20 280.00 RAY, S RETIREE HEALTH BENEFITS FEB 2020 346067 2/4/20 190.00 ROARK, L RETIREE HEALTH BENEFITS FEB 2020 346068 2/4/20 135.00 RODRIGUEZ, M RETIREE HEALTH BENEFITS FEB 2020 346069 2/4/20 260.00 RUIZ, J RETIREE HEALTH BENEFITS FEB 2020 346070 2/4/20 310.00 SANCHEZ, L RETIREE HEALTH BENEFITS FEB 2020 346071 2/4/20 330.00 SERVATIUS, J RETIREE HEALTH BENEFITS FEB 2020 346072 2/4/20 340.00 SHOEMSKER, M RETIREE HEALTH BENEFITS FEB 2020 346073 2/4/20 480.00 SHORT, C RETIREE HEALTH BENEFITS FEB 2020 346074 2/4/20 300.00 SMITH, J RETIREE HEALTH BENEFITS FEB 2020 346075 2/4/20 320.00 STEWART, W RETIREE HEALTH BENEFITS FEB 2020 346076 2/4/20 200.00 STRASEN, W RETIREE HEALTH BENEFITS FEB 2020 346077 2/4/20 135.00 TIPTON, B RETIREE HEALTH BENEFITS FEB 2020 346078 2/4/20 250.00 VERRY, L RETIREE HEALTH BENEFITS FEB 2020 346079 2/4/20 280.00 VILLAGOMEZ, J RETIREE HEALTH BENEFITS FEB 2020 346080 2/4/20 480.00 WHITE, J RETIREE HEALTH BENEFITS FEB 2020 346081 2/4/20 230.00 RETIREE HEALTH BENEFITS TOTAL 23,470.00 ACADEMI TRAINING CENTER LLC ACADEMI 346082 2/4/20 450.00 ACE UNIFORMS & ACCESSORIES INC ACE UNIFORMS 346083 2/4/20 107.53 ADVANTAGE EXTRADITION SERVICES ADVANTAGE SENTRY 346084 2/4/20 3,440.00 CEB CEB LEGAL PUBLICATION ICAO 346085 2/4/20 192.12 DELGADO, E CASA DE SALUD FLEET SCIENCE CENTER FIELD 346086 2/4/20 283.30 DEPT OF JUSTICE STATE OF CALIFORNIA DEPARTMENT OF JUSTIC 346087 2/4/20 164.00 EISER III, G PROFESSIONAL SERVICES / CAO 346088 2/4/20 3,055.00 EXPERIAN EXPERIAN 346089 2/4/20 67.30 GEORGE H WATERS NUTRITION CTR QUARTERLY NEIGHBORHOOD COUNCIL BREAKFAST 346090 2/4/20 2,125.00 GROSSMAN PSYCHOLOGICAL PRE PSYCH EVAL 346091 2/4/20 2,600.00 HERNANDEZ, A REIMB: HERNANDEZ, A. FBINAA 346092 2/4/20 125.00 KNOX SERVICES LEGAL SERVICES NEEDED/ KNOX SERVICES/CAO 346093 2/4/20 191.50 LANGUAGE LINE SERVICES LANGUAGE LINE 346094 2/4/20 225.16 LASER SAVER INC MOP 04840 PD 346095 2/4/20 418.47 MAXILOM, L REIMB FOR CUP CAKES -EMPLOYEE HOLIDAY 346096 2/4/20 28.08 MJC CONSTRUCTION EMERGENCY WORK SINK HOLE RACHAEL AVE-ENG 346097 2/4/20 57,496.75 OFFICE SOLUTIONS BUSINESS MOP 25003 OFFICE SUPPLIES / PD 346098 2/4/20 124.02 PALOMAR HEALTH PALOMAR HEALTH 346099 2/4/20 4,050.00 PEACE OFFICERS RESEARCH PEACE OFFICERS RESEARCH ASSOCIATION 346100 2/4/20 96.00 POLICE EXECUTIVE RESEARCH MEMBERSHIP BAVENCOFF 346101 2/4/20 200.00 PRO BUILD COMPANY MOP 20462 / SUPPLIES - PD 346102 2/4/20 21.73 2/4 491 of 696 CALIFORNIA -K+ PAYEE S D COUNTY SHERIFF'S DEPT SMART & FINAL SMART SOURCE OF CALIFORNIA LLC STAPLES BUSINESS ADVANTAGE THE COUNSELING TEAM THE STAR NEWS THOMSON REUTERS WEST U S BANK VCA EMERGENCY ANIMAL HOSPITAL WEST PAYMENT CENTER A REASON TO SURVIVE ACE UNIFORMS & ACCESSORIES INC ALDEMCO ALL FRESH PRODUCTS AT&T BLACK, N BOOT WORLD CALIFORNIA HOMICIDE CARDOZA, M CEKANDER, L CEKANDER, L CHELIUS, A CLF WAREHOUSE INC COUNTY OF SAN DIEGO COX COMMUNICATIONS CULLIGAN OF SAN DIEGO DEPARTMENT OF TRANSPORTATION DOUGHERTY, J DUNN EDWARDS CORPORATION DURAN, D ECOLAB EXOS COMMUNITY SERVICES LLC FACTORY MOTOR PARTS FERNANDO, V FLEET SERVICES INC GOVERNMENT TRAINING AGENCY HERNANDEZ, A HOME DEPOT CREDIT SERVICES INTERNATIONAL CODE COUNCIL KRONOS INC LEAGUE OF CALIFORNIA CITIES LONG, L MALLORY SAFETY & SUPPLY LLC MAZZARELLA & MAZZARELLA LLP MC GUIRE, D MCDOUGAL LOVE ECKIS METEAU JR, R MOSSY NISSAN NATIONAL CIS! 1 � D. tNCORpORA7ED WARRANT REGISTER # 32 2/4/2020 DESCRIPTION FIRING RANGE MOP 00280 PD MOP 63845 SMART SOURCE - ENVELOPES MOP 20468 OFFICE SUPPLIES - PD MOP 20532 PD STAR NEWS - PUBLIC NOTICE THOMSON REUTERS WEST LAW UPDATES/ CAO MOP 19657 PD VCA THOMSON REUTERS ARTS ACE UNIFORMS FOOD CONSUMABLES FOOD CONSUMABLES AT&T SBC ANNUAL PHONE SERVICE FOR FY20 EDUCATION REIMBURSEMENT MOP 64096 BOOTS FOR STAFF / NSD TRAINING TUITION CHIA TRAINING ADV LDG CRIA CARDOZA TRAINING ADV LDG GEO ADV CEKANDER TRAINING ADV LDG CRIME PREV ENVRNM DESGN TRAINING ADV LDG CHIA CHELIUS MOP 80331 AUTO SUPPLIES - PW MAIL PROCESSING SERVICES AS NEEDED FOR COX DATA VIDEO SERVICES FY20 WATER SOFTNER HIGHWAY LIGHTING FOR FY 2020 TRAINING TUITION CHIA DOUGHERTY GRAFFITI REMOVAL SUPPLIES / NSD TRAINING REIMB ARRESTCNTRL DURAN CONSUMABLLES NUTRITION MANAGEMENT FEES - MOP 82766 AUTO SUPPLIES - PW TRAINING TUITION CHIA FERNANDO MOP 67804 AUTO SUPPLIES - PW TRAINING TUITION ICI GANGS HIRSH RUDE TRAINING ADV LDG CPCA TRAINIG SYM GRAFFITI REMOVAL SUPPLIES / NSD INTERNATIONAL CODE SUBSCRIPTION TELESTAFF IVR 2020 MEMBERSHIP DUES & LUNCHEON MEETINGS TRAINING REIM NNALEA LONG SAFETY VEST LIABILITY CLAIM COST EDUCATION REIMBURSEMENT LIABILITY CLAIM COST PARMA MEMBERSHIP MOP 80703 AUTO SUPPLIES - PW CHK NO 346103 346104 346105 346106 346107 346108 346109 346110 346111 346112 346113 346114 346115 346116 346117 346118 346119 346120 346121 346122 346123 346124 346125 346126 346127 346128 346129 346130 346131 346132 346133 346134 346135 346136 346137 346138 346139 346140 346141 346142 346143 346144 346145 346146 346147 346148 346149 346150 DATE 2/4/20 2/4/20 2/4/20 2/4/20 2/4/20 2/4/20 2/4/20 2/4/20 2/4/20 2/4/20 2/4/20 2/4/20 2/4/20 2/4/20 2/4/20 2/4/20 2/4/20 2/4/20 2/4/20 2/4/20 2/4/20 2/4/20 2/4/20 2/4/20 2/4/20 2/4/20 2/4/20 2/4/20 2/4/20 2/4/20 2/4/20 2/4/20 2/4/20 2/4/20 2/4/20 2/4/20 2/4/20 2/4/20 2/4/20 2/4/20 2/4/20 2/4/20 2/4/20 2/4/20 2/4/20 2/4/20 2/4/20 2/4/20 AMOUNT 1,500.00 43.40 159.26 542.10 1,762.50 240.87 1,028.32 2,668.25 94.08 608.63 14,600.00 1,753.54 4,027.67 476.08 2,286.60 300.00 242.43 1,596.00 294.15 622.35 519.80 358.28 86.77 1,840.70 174.00 110.00 11,150.09 358.28 47.81 614.59 128.69 32,645.24 204.15 358.28 57.90 1,590.00 1,129.17 176.79 752.31 62.61 1,500.00 51.65 81.85 32,908.47 300.00 1,867.40 150.00 46.09 3/4 492 of 696 r- CALIFORNIA -K+ PAYEE MUNICIPAL CODE CORPORATION NATIONAL CITY AUTO TRIM NATIONAL CITY MOTORCYCLES NGUYEN, L PADRE JANITORIAL SUPPLIES PARTS AUTHORITY METRO LLC PENSKE FORD PEREZ, C POWERSTRIDE BATTERY CO INC PRO BUILD COMPANY PROFESSIONAL SEARCH GROUP LLC PRUDENTIAL OVERALL SUPPLY QUIROGA, R RAMIREZ, 0 SAM'S ALIGNMENT SAN DIEGO GAS & ELECTRIC SDG&E SEAPORT MEAT COMPANY SESAC INC SHANAHAN, M SHANAHAN, M SHARP ELECTRONICS CORPORATION SIEMENS INDUSTRY INC SOUTH BAY FENCE INC STAPLES BUSINESS ADVANTAGE STARTECH COMPUTERS STILES, J SULLIVAN, C SWEETWATER AUTHORITY SYSCO SAN DIEGO INC THE SHERWIN WILLIAMS CO TODD PIPE & SUPPLY LLC TOPECO PRODUCTS U S BANK UNDERGROUND SERVICE ALERT UNITED ROTARY BRUSH CORP VERIZON WIRELESS WETMORES WILLY'S ELECTRONIC SUPPLY YBARRA, A SECTION 8 HAPS NATIONA.L aril 1! • tNCO�,ppRA7E0 WARRANT REGISTER # 32 2/4/2020 DESCRIPTION MUNICODE RENEWAL 1/1/20 - 12/31/20 R&M CITY VEHICLES AS NEEDED FY 2020 SERVICE AND REPAIR FOR EMERGENCY TRAINING REIM MOTOR NGUYEN CONSUMABLES NUTRITION MOP 75943 AUTO SUPPLIES - PW R&M CITY VEHICLES FOR FY 2019 LICENSE REIMBURSEMENT MOP 67839 GENERAL SUPPLIES - PW MOP 45707 GENERAL SUPPLIES - PW TEMP OFFICE SERVICES / NSD MOP 45742 LAUNDRY SERVICES - PW TRAINING ADV LDG CRIA QUIROGA TRAINING REIMBURSEMENT WHEEL ALIGNMENT SERVICE FOR CITY EUCLID AVE BICYCLE PROJECT GAS & ELECTRIC UTILITIES FOR PW FY 2020 FOOD CONSUMABLES MUSIC PERFORMANCE LICENSE-01/01-12/31/20 TRAINING ADV SUB ICI OIS SHANAHAN TRAINING TUITION CHIA SHANAHAN MAINTENANCE 20 SHARP COPIERS FOR FY20 ADDITIONAL FIRE AND SECURITY ALARM TEMPORARY RENTAL CHAIN LINK FENCING MOP 45704 OFFICE SUPPLIES - PW STARTECH MOP FY20 EDUCATION REIMBURSEMENT TRAINING ADV LDG MANG B SULLIVAN WATER BILL FOR FACILITIES FY 2020 FOOD CONSUMABLES MOP 77816 PAINTING SUPPLIES - PW CITYWIDE PLUMBING MATERIALS, PARTS, MOP 63849 AUTO SUPPLIES - PW 12-23-19 CREDIT CARD STATEMENT -BRAD RAUL UNDERGROUND SERVICE ALERT FY 2020- STREET SWEEPER REPAIRS AND MAINTENANCE VERIZON CELLULAR SERVICES FOR FY20 MOP 80333 AUTO SUPPLIES - PW WILLY'S ELECTRONICS MOP FY20 TRAINING ADV LDG MANG B YBARRA Start Date 1/29/2020 End Date 2/4/2020 GRAND TOTAL CHK NO DATE AMOUNT 346151 2/4/20 900.00 346152 2/4/20 557.12 346153 2/4/20 318.53 346154 2/4/20 137.91 346155 2/4/20 159.40 346156 2/4/20 353.51 346157 2/4/20 474.42 346158 2/4/20 48.00 346159 2/4/20 394.26 346160 2/4/20 3,304.37 346161 2/4/20 6,400.00 346162 2/4/20 962.58 346163 2/4/20 294.15 346164 2/4/20 204.36 346165 2/4/20 40.00 346166 2/4/20 821.00 346167 2/4/20 26,503.57 346168 2/4/20 1,055.51 346169 2/4/20 1,496.00 346170 2/4/20 703.45 346171 2/4/20 358.28 346172 2/4/20 2,006.41 346173 2/4/20 1,630.00 346174 2/4/20 300.00 346175 2/4/20 528.55 346176 2/4/20 1,681.29 346177 2/4/20 300.00 346178 2/4/20 500.00 346180 2/4/20 10,248.66 346181 2/4/20 5,160.44 346182 2/4/20 82.79 346183 2/4/20 3,577.83 346184 2/4/20 118.64 346185 2/4/20 1,136.31 346186 2/4/20 608.41 346187 2/4/20 705.09 346188 2/4/20 10,680.40 346189 2/4/20 308.28 346190 2/4/20 40.04 346191 2/4/20 500.00 A/P Total 308,647.67 975,730.20 $ 1,284,377.87 4/4 493 of 696 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 17TH OF MARCH 2020. AYES NAYS ABSENT 494 of 696 CC/CDC-HA Agenda 3/17/2020 — Page 495 The following page(s) contain the backup material for Agenda Item: Warrant Register #33 for the period of 2/5/20 through 2/11/20 in the amount of $1,776,612.00. (Finance) Please scroll down to view the backup material. 495 of 696 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 17, 2020 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #33 for the period of 2/5/20 through 2/11/20 in the amount of $1,776,612.00. (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 2/3/2.0 - 2/11/20. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Health Net Inc 346239 81,626.67 GRP# R1192A — Jan 2020 Kaiser Foundation HP 345246 186,765.28 GRP# 104220-0002 — Jan 2020 Project Professional Corp 346263 181,571.79 Paradise Creek Park III FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $1,776,612.00. 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 $1,776,612.00 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 33 496 of 696 r- CALIFORNIA -K+ NATI L CIS! .15 PAYEE CALIFORNIA DEPARTMENT OF TAX ACE UNIFORMS & ACCESSORIES INC ACME SAFETY & SUPPLY CORP AETNA BEHAVIORAL HEALTH AIR PURIFICATION SYSTEMS ALLSTATE SECURITY SERVICES INC ALTA LANGUAGE SERVICES INC AMAZON AMERICAN BACKFLOW SPECIALTIES AMERICAN LIBRARY ASSOC AZTECA SYSTEMS LLC BAKER & TAYLOR BOUND TREE MEDICAL LLC BRINK'S INCORPORATED BROADWAY AUTO GLASS BRODART CO BRODART CO CAPF CALIFORNIA AIR RESOURCES BOARD CALIFORNIA ELECTRIC SUPPLY CALIFORNIA LAW ENFORCEMENT CASAS, LAURA CHRISTENSEN & SPATH LLP CLEAN HARBORS ENVIRONMENTAL COMMERCIAL AQUATIC SERVICE INC COUNTY OF SAN DIEGO COUNTYWIDE MECHANICAL SYSTEMS DELTA DENTAL DELTA DENTAL DELTA DENTAL DELTA DENTAL DELTA DENTAL INSURANCE CO DELTA DENTAL INSURANCE CO DELTA DENTAL INSURANCE CO DELTA DENTAL INSURANCE CO DEPARTMENT OF TOXIC SUBSTANCES D-MAX ENGINEERING INC EBSCO INFORMATION SERVICES FACTORY MOTOR PARTS GOVERNMENT FINANCE GRAINGER HARLAN, M HEALTH NET HEALTH NET HEALTH NET HEALTH NET INC HEALTH NET INC HEALTH NET INC LIVCORpORA1E0 WARRANT REGISTER # 33 2/11/2020 DESCRIPTION SALES TAX LIABILITY / PERIOD OCT - DEC 2019 STATION UNIFOMRS / FIRE CROSS SADDLE / PW EMPLOYEE ASSISTANCE PROGRAM - FEBRUARY 7 INCH DIAMETER TAILPIPE ADAPTER SECURITY SERVICES FOR FY20 EMPLOYEE BILINGUAL TESTING SUPPLIES AS NEEDED FOR LITERACY FY20 PURCHASE OF BACKFLOW & GUAGES / PW LIBRARIAN MEMBERSHIP RENEWAL WORKGROUP STARTER BOOKS AS NEEDED FOR FY20 LITHIUM BATTERIES / FIRE ARMORED SERVICES / FINANCE OFFSITE WINDOW TINT & REPAIR / PW LIBRARY CATALOG SUPPLIES BOOKS AS NEEDED FOR FY20. FIRE LTD - FEB 2020 RENEWAL - ENGINE MOP 45698 ELECTRIC SUPPLIES - PW PD LTD - FEB 2020 CITY COUNCIL TRANSLATION 02-04-20 LEGAL FEES CONTRACT SERVICES CHEMICALS - CHLORINE, ACID TABLETS / PW 1800E. 22ND ST. CITYWIDE ON -SITE HVAC SERVICES GRP# 05-0908600000 - JAN 2020 DENTAL INS PREMIER 05-0908600000 - FEB 2020 GRP# 05-0908601002 - FEB 2020 GRP# 05-0908601002 - JAN 2020 GRP# 05-7029600000 - FEB 2020 GRP# 05-7029600000 - JAN 2020 GRP# 05-7029600002 - FEB 2020 GRP# 05-7029600002 - JAN 2020 PUBLIC WORKS YARD T&A90414 RAINTREE COURT PRINT SUBSCRIPTION FOR FY20 / LIBRARY MOP 82766 AUTO SUPPLIES - PW MEMBERSHIP - GALEANA - FINANCE MOP 65179 GENERAL SUPPLIES - PW REFUND / INSURANCE DEDUCTIONS GRP# N7177A - JAN 2020 GRP# N7176F - JAN 2020 GRP# R1192R - JAN 2020 GRP# R1192A - JAN 2020 GRP#57135A - JAN 2020 GRP# 57135A - DEC 2019 CHK NO 346192 346193 346194 346195 346196 346197 346198 346199 346200 346201 346202 346204 346205 346206 346207 346208 346209 346210 346212 346213 346214 346215 346216 346217 346218 346219 346220 346221 346222 346223 346224 346225 346226 346227 346228 346229 346230 346231 346232 346233 346234 346235 346236 346237 346238 346239 346240 346241 DATE 2/11/20 2/11/20 2/11/20 2/11/20 2/11/20 2/11/20 2/11/20 2/11/20 2/11/20 2/11/20 2/11/20 2/11/20 2/11/20 2/11/20 2/11/20 2/11/20 2/11/20 2/11/20 2/11/20 2/11/20 2/11/20 2/11/20 2/11/20 2/11/20 2/11/20 2/11/20 2/11/20 2/11/20 2/11/20 2/11/20 2/11/20 2/11/20 2/11/20 2/11/20 2/11/20 2/11/20 2/11/20 2/11/20 2/11/20 2/11/20 2/11/20 2/11/20 2/11/20 2/11/20 2/11/20 2/11/20 2/11/20 2/11/20 AMOUNT 1,487.00 3,264.91 163.13 1,045.36 408.90 4,780.59 66.00 2,141.90 887.07 148.00 9,000.00 6,074.35 5,237.38 335.64 406.67 499.60 79.81 1,062.00 865.00 471.96 2,107.00 100.00 9,787.50 2,269.07 1,972.74 727.00 44,077.93 14,647.90 14,513.34 416.11 416.11 2,725.80 2,548.92 16.50 16.50 3,707.77 6,775.00 5,998.39 118.40 150.00 507.80 1,358.56 1,860.36 1,598.46 832.36 81,626.67 2,504.30 2,504.30 1/3 497 of 696 r- CALIFORNIA -K+ NATI L CIS! .15 PAYEE HERNANDEZ, L HINDERLITER DE LLAMAS K SURPLUS SALES INC KAISER FOUNDATION HEALTH PLANS LADCO LEAGUE OF CALIFORNIA CITIES LOPEZ, TERESA MEGLA MANUFACTURING INC MEZA, J MG ROOFING MIDWEST TAPE MPS NORTH AMERICA LLC NATIONAL CITY CAR WASH NATIONAL CITY ELECTRIC NATIONAL CITY TROPHY OFFICE SOLUTIONS BUSINESS O'REILLY AUTO PARTS ORTIZ, JERRY PACIFIC PRODUCTS & SERVICES PARTS AUTHORITY METRO LLC POWERSTRIDE BATTERY CO INC PROJECT PROFESSIONALS CORP PRO -TECH INDUSTRIES PRUDENTIAL OVERALL SUPPLY RED TRUCK FIRE & SAFETY CO RELIANCE STANDARD ROUSTON, J S & S WELDING SAM'S ALIGNMENT SAN DIEGO COUNTY ASSESSOR SAN DIEGO UNION TRIBUNE SAN DIEGO UNION TRIBUNE SASI SDCFCA SDG&E SITEONE LANDSCAPE SUPPLY LLC SMART & FINAL SOUTH COAST EMERGENCY SOUTHERN CALIF TRUCK STOP SOUTHWEST SIGNAL SERVICE STAPLES BUSINESS ADVANTAGE SUPERIOR READY MIX SWEETWATER AUTHORITY SWRCB TELLEZ, J THE SHOPPER INC THE STAR NEWS U S BANK LIVCORpORA1E0 WARRANT REGISTER # 33 2/11/2020 DESCRIPTION RETIREE HEALTH BENEFITS / JAN 2020 / FEB 2020 CONSULTING SERVICES -CANNABIS MANAGEMENT STEEL HEX BOLTS / PW GROUP NO. 104220-0002 - JAN 2020 LIABILITY CLAIM COST 2020 MEMBERSHIP DUES TRANSLATION SERVICES AS NEEDED FOR FY20 FABRICATE BROOM MOUNTS HOTBOX TRUCK T&A90417 1406 MANCHESTER STREET ROOFING SERVICES AUDIO VISUAL MATERIALS FOR LIBRARY LOCAL HISTORY CA SUBSCRIPTION CAR WASH SERVICES FOR CITY FLEET FY 2020 CITYWIDE ON -SITE ELECTRICAL MOP 66556 OFFICE SUPPLIES - PW MOP 83778. OFFICE SUPPLIES / LIBRARY MOP 75877 AUTO SUPPLIES - PW REFUND - CITATION P66181 MEDIUM CORNER BOLT THROUGH 2 1/2 MOP 75943 AUTO SUPPLIES - PW MOP 67839 GENERAL SUPPLIES - PW PARADISE CREEK PARK III KLEENOUT / PARKS MOP 45742 LAUNDRY SERVICES - PW CITYWIDE, ON -SITE FIRE EXTINGUISHER GRP# VA1826233 - FEB 2020 LICENSE REIMBURSEMENT COMPLETE SET OF TRENCH COVER ANGLE WHEEL ALIGNMENT SERVICE FOR CITY MPR EXTRACT/NON OWNER PROPERTIES ADVERTISING 5 CIP ADVERTISING - PALM AVENUE PROCESSING CHARGES / FINANCE HEALTH & SAFETY OFFICER CLASS GAS AND ELECTRIC UTILITIES FOR MOP 69277 LANDSCAPE SUPPLIES - PW MOP 45756. PROGRAM SUPPLIES / LIBRARY WATER TANK TRANSDUCER MOP 45758 GENERAL AUTO SUPPLIES - PW INTERSECTION MAINTENANCE DECEMBER 2019 MOP 45704, FIRE CHARGES ASPHALT, TACK 3/8 SHEET FY 2020 WATER BILL FOR FACILITIES FY 2020 SWRCB HARDING AVE & 21ST TRAINING ADV LDG CPCA SYMPOSIUM OUT OF STATE SALES TAX ADVERTISING NOTICES FOR FY20 MONTHLY CREDIT CARD STATEMENT - JANUARY CHK NO DATE AMOUNT 346242 2/11/20 1,000.00 346243 2/11/20 9,525.00 346244 2/11/20 252.84 346245 2/11/20 186,765.28 346246 2/11/20 150.00 346247 2/11/20 20,252.00 346248 2/11/20 160.00 346249 2/11/20 2,450.00 346250 2/11/20 1,820.04 346251 2/11/20 9,215.00 346252 2/11/20 759.16 346253 2/11/20 176.00 346254 2/11/20 171.99 346255 2/11/20 9,455.00 346256 2/11/20 40.24 346257 2/11/20 386.21 346258 2/11/20 137.01 346259 2/11/20 160.00 346260 2/11/20 500.00 346261 2/11/20 111.75 346262 2/11/20 204.41 346263 2/11/20 181,571.79 346264 2/11/20 498.88 346265 2/11/20 539.48 346266 2/11/20 3,100.34 346268 2/11/20 9,601.87 346269 2/11/20 60.00 346270 2/11/20 299.06 346271 2/11/20 60.00 346272 2/11/20 125.00 346273 2/11/20 2,578.20 346274 2/11/20 650.04 346275 2/11/20 208.00 346276 2/11/20 990.00 346277 2/11/20 817.24 346278 2/11/20 574.61 346279 2/11/20 80.62 346280 2/11/20 435.71 346281 2/11/20 167.64 346282 2/11/20 19,666.77 346283 2/11/20 277.16 346284 2/11/20 812.44 346285 2/11/20 947.10 346286 2/11/20 1,006.00 346287 2/11/20 1,129.17 346288 2/11/20 82.22 346289 2/11/20 117.88 346290 2/11/20 593.56 2/3 498 of 696 CALIFORNIA -K+ NATIONAL CITY PAYEE UNITED ROTARY BRUSH CORP VISION SERVICE PLAN VOKKALIGA, VIKRAM WESTFLEX INDUSTRIAL WETMORES WILLY'S ELECTRONIC SUPPLY DISCCERT INC GONZALES, G SAN BERNARDINO CNTY SHERIFF'S SDTTC PAYROLL Pay period Start Date 3 1/14/2020 LIVCORpORA1E0 WARRANT REGISTER # 33 2/11/2020 DESCRIPTION STREET SWEEPER REPAIRS AND MAINTENANCE VISION SERVICE PLAN - JAN 2020 REFUND - OVERPAYMENT ON BUSINESS LICENSE MOP 63850 GENERAL SUPPLIES - PW MOP 80333 AUTO SUPPLIES - PW MOP 45763 ELECTRIC SUPPLIES - PW DISC CERT / PD TRAINING POST ADV SUB FIREARM INS G.G. TRAINING TUTIION FIREARMS G GONZALES POSSESSORY TAX LATE FOR KIMBALL HOUSE End Date 1/27/2020 Check Date 2/5/2020 CHK NO DATE AMOUNT 346291 2/11/20 515.39 346292 2/11/20 865.77 346293 2/11/20 258.00 346294 2/11/20 202.33 346295 2/11/20 43.39 346296 2/11/20 54.15 346297 2/11/20 3,000.00 346298 2/11/20 640.00 346299 2/11/20 315.00 346300 2/11/20 152.76 A/P Total 721,039.56 1,055,572.44 GRAND TOTAL $ 1,776,612.00 3/3 499 of 696 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 17TH OF MARCH 2020. AYES NAYS ABSENT 500 of 696 CC/CDC-HA Agenda 3/17/2020 — Page 501 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 approving the issuance by the California Statewide Communities Development Authority of exempt facility bonds for a qualified residential project, as required by the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA), pursuant to Section 142(a)(7) of the Internal Revenue Code with no fiscal impact to the City, and not to exceed $25,000,000 in outstanding aggregate principal to finance the acquisition and rehabilitation of a 151-unit multi -family rental housing project located at 2525 Highland Avenue in National City. (Housing Authority) Please scroll down to view the backup material. 501 of 696 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE March 17, 2020 AGENDA ITEM NO. ITEM TITLE: Public Hearing and adoption of a resolution of the City Council of the City of National City approving the issuance by the California Statewide Communities Development Authority of exempt facility bonds for a qualified residential project, as required by the Tax Equity and Fiscal Responsibility Act of 1982 ("TEFRA"), pursuant to Section 142(a)(7) of the Internal Revenue Code with no fiscal impact to the City, and not to exceed $25,000,000 in outstanding aggregate principal to finance the acquisition and rehabilitation of a 151-unit multifamily rental housing project located at 2525 Highland Avenue in National City. PREPARED BY: Angelita Palm✓ Acting Housing Manager PHONE: (619) 336-4219 EXPLANATION: See Attachment No. 1. DEPARTMENT: Housing Authority APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. There is no fiscal impact to the City. APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: The adoption of this resolution is not subject to the provisions of the California Environmental Quality Act (CEQA) because the action will not have the potential for causing a significant effect on the environment. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: Not applicable to this report. ATTACHMENTS: 1: Background Report 2: Public Hearing Notice 3: Resolution 502 of 6961 Attachment No. 1 City of National City March 17, 2020 Staff Report Explanation Agenda Item: Public Hearing and adoption of a resolution of the City Council of the City of National City approving the issuance by the California Statewide Communities Development Authority of exempt facility bonds for a qualified residential project, as required by the Tax Equity and Fiscal Responsibility Act of 1982 ("TEFRA"), pursuant to Section 142(a)(7) of the Internal Revenue Code with no fiscal impact to the City, and not to exceed $25,000,000 in outstanding aggregate principal to finance the acquisition and rehabilitation of a 151-unit multifamily rental housing project located at 2525 Highland Avenue in National City. Recommended Action: 1. Conduct a Tax Equity and Fiscal Responsibility Act Hearing in consideration of the issuance of tax-exempt bond financing by the California Statewide Communities Development Authority for the benefit of Southern Highlands Preservation LP, to provide financing for the acquisition, rehabilitation, improvement, and equipping of a 151-unit multifamily rental housing project generally known as Southern Highlands Apartments. 2. Adopt a resolution approving the issuance of Bonds by the California Statewide Communities Development Authority not to exceed $25,000,000, for the benefit of Southern Highlands Preservation LP, to provide financing for the acquisition, rehabilitation, improvement, and equipping of a 151-unit multifamily rental housing project generally known as Southern Highlands Apartments. Background: Southern Highlands Preservation LP (the "Borrower") has requested that the California Statewide Communities Development Authority ("CSCDA") serve as the municipal issuer of tax-exempt multi -family housing revenue bonds in an aggregate principal amount not to exceed $25,000,000 (the "Bonds"). The proceeds of the Bonds will be used for the purpose of making a loan to the Borrower, to enable the Borrower to finance the acquisition, rehabilitation, improvement and equipping of a 151-unit affordable multifamily housing rental project located at 2525 Highland Avenue, National City, California (the "Project"), which will be owned and operated by the Borrower. The Borrower will substantially rehabilitate the Project with the proceeds of the Bonds and the affordability covenants will extend for 55 years from the closing of the financing. In order for all or a portion of the Bonds to qualify as tax-exempt bonds, the City of National City ("City") must conduct a public hearing (the "TEFRA Hearing") providing the members of the community an opportunity to speak in favor of or against the use of tax-exempt bonds for the financing of the Project. Adoption of the resolution is solely for the purposes of satisfying the requirements of the Tax Equity and Fiscal Responsibility Act (TEFRA), the Internal Revenue Code and the California Government Code Section 6500 (and following). Prior to such TEFRA Hearing, reasonable notice must be provided to the members of the community. Following the close of the TEFRA Hearing, an "applicable elected representative" of the governmental unit hosting the Project must provide its approval of the issuance of the Bonds for the financing of the Project. A public notice was published on March 6, 2020 (Attachment No. 2). CSCDA is a joint powers authority sponsored by the League of California Cities ("League") and the California State Association of Counties ("CSAC"). CSCDA was created by the League and Page 1 of 2 503 of 696 Attachment No. 1 City of National City March 17, 2020 Staff Report Explanation CSAC in 1988 to enable local government and eligible private entities access to low-cost, tax- exempt financing for projects that provide a tangible public benefit, contribute to social and economic growth and improve the overall quality of life in local communities throughout California. CSCDA is comprised of more than 530 members, including the City of National City. CSCDA has issued more than $60 billion through 1,600 plus financings since 1988 and consistently ranks in the top 10 of more than 3,000 nationwide public issuers of tax-exempt debt, as measured by annual issuance amount. There is no fiscal impact to the City. The Bonds will be issued as limited obligations of CSCDA, payable solely from revenues and receipts derived from a loan to be made by CSCDA to the Borrower with the Bond proceeds. The City bears no liability with respect to the issuance of the Bonds. Further, the City is not a party to any of the financing documents related to the Bond issuance and is not named in any of the disclosure documents describing the Bonds or the proposed financing. Page 2 of 2 504 of 696 Attachment No. 2 NOTICE OF PUBLIC HEARING REGARDING ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS FOR SOUTHERN HIGHLANDS APARTMENTS NOTICE IS HEREBY GIVEN that, at 6:00 p.m., or as soon thereafter as the matter can be heard, on Tuesday, March 17, 2020, at the City Council Chambers, 1243 National City Boulevard, National City, California, the City Council of the City of National City (the "City") will conduct a public hearing as required by Section 147(f) of the Internal Revenue Code of 1986 (the "Code"), at which it will hear and consider information concerning a proposed plan of financing providing for the issuance by the California Statewide Communities Development Authority of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Code in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed $25,000,000 in outstanding aggregate principal amount, to finance or refinance the acquisition, rehabilitation and development of a 151-unit senior multifamily rental housing project located at 2525 Highland Avenue, National City, California. The facilities are to be owned by Southern Highlands Preservation LP or a partnership of which Lincoln Avenue Capital, LLC (the "Developer") or a related person to the Developer is the general partner (the "Project"). Those wishing to comment on the proposed financing or refinancing and the nature and location of the Project may either appear in person at the public hearing or submit written comments, which must be received by the City prior to the hearing. Written comments should be sent to City of National City at 1243 National City Boulevard, National City, California 91950 Attention: City Clerk. CITY CLERK CITY OF NATIONAL CITY Dated: March 6, 2020 505 of 696 RESOLUTION NO. 2020 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE ISSUANCE BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY OF EXEMPT FACILITY BONDS FOR A QUALIFIED RESIDENTIAL PROJECT, AS REQUIRED BY THE TAX EQUITY AND FISCAL RESPONSIBILITY ACT OF 1982 ("TEFRA"), PURSUANT TO SECTION 142(A)(7) OF THE INTERNAL REVENUE CODE WITH NO FISCAL IMPACT TO THE CITY, AND NOT TO EXCEED $25,000,000 IN OUTSTANDING AGGREGATE PRINCIPAL TO FINANCE THE ACQUISITION AND REHABILITATION OF A 151-UNIT MULTIFAMILY RENTAL HOUSING PROJECT LOCATED AT 2525 HIGHLAND AVENUE IN NATIONAL CITY WHEREAS, the California Statewide Communities Development Authority (the "Authority") is authorized pursuant to the provisions of California Government Code Section 6500 et seq. and the terms of an Amended and Restated Joint Exercise of Powers Agreement, dated as of June 1, 1988 (the "Agreement"), among certain local agencies throughout the State of California, including the City of National City (the "City"), to issue revenue bonds in accordance with Chapter 7 of Part 5 of Division 31 of the California Health and Safety Code for the purpose of financing multifamily rental housing projects; and WHEREAS, Southern Highlands Preservation LP or a partnership of which Lincoln Avenue Capital, LLC (the "Developer") or a related person to the Developer is the general partner, has requested that the Authority adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the "Code") in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed $25,000,000 in outstanding aggregate principal amount (the "Bonds"), to finance or refinance the acquisition, rehabilitation and development of a 151-unit senior multifamily rental housing project located at 2525 Highland Avenue, National City, California (the "Project"); and WHEREAS, pursuant to Section 147(f) of the Code, prior to their issuance, the Bonds are required to be approved by the "applicable elected representative" of the governmental units on whose behalf such bonds are expected to be issued and by a governmental unit having jurisdiction over the entire area in which any facility financed by such bonds is to be located, after a public hearing held following reasonable public notice; and WHEREAS, the members of this City Council (this "City Council") are the applicable elected representatives of the City; and WHEREAS, there has been published, at least 7 days prior to the date hereof, in a newspaper of general circulation within the City, a notice that a public hearing regarding the Bonds would be held on a date specified in such notice; and WHEREAS, such public hearing was conducted on such date, at which time an opportunity was provided to interested parties to present arguments both for and against the issuance of the Bonds; and 506 of 696 Resolution No. 2020 — Page Two WHEREAS, the Authority is also requesting that the City Council approve the issuance of any refunding bonds hereafter issued by the Authority for the purpose of refinancing the Bonds which financed the Project (the "Refunding Bonds"), but only in such cases where federal tax laws would not require additional consideration or approval by the City Council; and WHEREAS, it is intended that this resolution shall constitute the approval of the issuance of the Bonds required by Section 147(f) of the Code and Section 9 of the Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AS FOLLOWS: Section 1. The above recitals are true and correct. Section 2. The City Council hereby approves the issuance of the Bonds and the Refunding Bonds by the Authority. It is the purpose and intent of the City Council that this resolution constitute approval of the Bonds for the purposes of (a) Section 147(f) of the Code and (b) Section 9 of the Agreement. Section 3. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents that they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing approved hereby. Section 4. This resolution shall take effect immediately upon its passage. PASSED and ADOPTED this 17th day of March, 2020 Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 507 of 696 CC/CDC-HA Agenda 3/17/2020 — Page 508 The following page(s) contain the backup material for Agenda Item: Public Hearing and Introduction of an Ordinance of the City Council of the City of National City adding National City Municipal Section 9.60 to regulate commercial cannabis. (City Manager) Please scroll down to view the backup material. 508 of 696 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 17, 2020 AGENDA ITEM NO. ITEM TITLE: Ordinance of the City of National City adding National City Municipal Section 9.60 to regulate commercial cannabis (first reading) PREPARED BY: Megan Gamwell, Economic Development Specialist PHONE: 619-336-4216 EXPLANATION: See Attachment 2; Ordinance adding Chapter 9.60 to the National City Municipal Code regulating Commercial Cannabis Activity DEPARTMENT: APPROVED BY: City Manager's Office FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: n/a ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: It is recommended the City Council move to introduce by title only, waive further reading, and introduce the ordinance, with the second reading and adoption to occur at the April 7, 2020 meeting. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. City Staff Report 2. Ordinance 509 of 696 Attachment 1 COUNCIL ACTIONS: The City Council may consider taking the following actions: 1. After the City Attorney reads the title of the ordinance: a. Motion to introduce first reading Ordinance adding Chapter 9.60 to the National City Municipal Code regulating Commercial Cannabis Activity. b. Motion to be read by title only, and waive further reading (requires unanimous vote); and 2. Direct staff to schedule second reading and adoption of the ordinance for the April 7, 2020 regular City Council meeting; and 3. Take such additional, related, action that may be desirable BACKGROUND/ANALYSIS • 2012 City Council initially prohibited Cannabis as part of a land -use update • January 19, 2016 City Council passed a ban on cannabis cultivation • June 18, 2019 City Council authorized staff to retain the services of HdL to assist with community outreach and the development of a draft cannabis ordinance, an application review process and cost recovery fees • September 17, 2019 HdL presented its initial findings to the City Council, after which direction was provided to staff to develop an ordinance that would allow up to three cannabis businesses through Development Agreements to be located in National City's industrial zone • October 16, 2019 through November 5, 2019 The City developed 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 • October 22, 2019 City staff hosted a community workshop on Cannabis in the Library Community Room • February 18, 2020 City Council directs staff to establish a set Community Benefits fee rate of 5% of gross receipts for all cannabis businesses; expand 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. FIRST READING AND INTRODUCTION OF AN ORDINANCE ALLOWING COMMERCIAL CANNABIS FACILITIES Consistent with the direction given by Council on September 17th and February 18th, the ordinance is attached hereto as Attachment 2. The ordinance declares and determines that commercial cannabis activity may be allowed within the National City Industrial Zone and the Tourist Commercial Zone west of 1-5 under the following conditions. 1 of 2 510 of 696 Attachment 1 • No person may engage in any authorized commercial cannabis business or in any commercial cannabis activity within the City of National City including cultivation, manufacture, processing, laboratory testing, transporting, dispensing, distribution, or sale of cannabis or a cannabis product unless the person has the following: • A valid commercial cannabis business permit issued by the City of National City; • A valid business license issued by the City of National City; • A mandatory building inspection and all required permits and approvals which would otherwise be required for any business of the same size and intensity operating in that zone. This includes but is not limited to obtaining any required building permit(s), the National City Fire Department approvals, Health Department approvals and other zoning and land use permit(s) and approvals. • A valid state license for the commercial cannabis activity corresponding to the business permit issued by the City of National City; • Requisite approvals from the Planning Division of the National City Community Development Department; • A valid development agreement jointly negotiated with the City; • A valid State of California Seller's Permit. • No permit shall be issued pursuant to this Chapter for outdoor commercial cannabis cultivation, which is prohibited. It is a violation of this Chapter for any person or entity to engage in any outdoor commercial cannabis cultivation of any kind. NEXT STEPS IF ADOPTED • Public Hearing and first reading —Titles 9 and 10 • Strike and replace existing 18.30.340 — Commercial Marijuana Activity • Strike existing 18.30.345 • Second reading and adoption of National City Municipal Section 9.60 • Creation and adoption of a full cost recovery of application process FISCAL IMPACT: Application fees will be imposed to offset staff and consultant costs for processing applications and approvals for cannabis activities. Additional fees, and other fiscal benefit arrangements will be considered at a later date to offset additional staff and policing costs associated with ongoing cannabis operations, which costs are unknown at this time. CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") An initial review of the proposed ordinance was been conducted pursuant to the California Environmental Quality Act (California Public Resources Code §§21000, et seq., "CEQA") and CEQA regulations (14 California Code of Regulation 15000, et seq.). The proposed ordinance and resolution would delete the existing prohibition on cannabis uses in the Municipal Code and add provisions to regulate commercial cannabis activity that: (I) will not adversely affect adjoining property as to value or precedent and will not be detrimental to the area; (ii) does not authorize any new construction or use but rather describes a process that will require vetting of environmental, land use and operational issues in connection with each application for a Certificate of Approval and is therefore not a "project" under CEQA because it establishes "general policy and procedure making" (CEQA Guidelines Sec.15378(b)(2)), and constitutes "organizational or administrative activities of governments that will not result in direct or indirect physical changes in the 2 of 2 511 of 696 Attachment 1 environment" (CEQA Guidelines 15378(b)(5)); (iii) the implementing resolution is self -mitigating insofar as it provides the means for avoiding environmental impacts, if any are identified, as part of each discretionary application and as provided in NCMC Section 18.12.040 (C) each application is subject to separate environmental review under CEQA; and (iv) issuance of ministerial permits for personal, noncommercial cultivation is categorically exempt as a Class 1 or Class 5 project insofar as, at best, the activities that are authorized would constitute a minor alteration of existing public structures involving no expansion of use, or a minor Page 8 of 146 alteration in land use limitations (see 14 CCR Sections 15031, 15305). Based on the foregoing staff has determined that this ordinance is exempt from further environmental review. Local Coastal Program The proposed ordinance and implementing resolution do not amend the City's certified Local Coastal Program (LCP). The ordinance provides licensing and health and safety regulations for cannabis uses under Title 9 of the NCMC. Zoning and development standards of NCMC Title 18 are not changed except for partial repeal of the prohibition on cannabis uses under Chapter 18.30 of Division 3, which chapter is not part the LCP. Similarly, the proposed implementing resolution is declarative of existing zoning and does not alter the City's zoning map, development standards or the LCP. Accordingly, no LCP amendment or other Coastal Commission approval is required for the ordinance and resolution 3 of 2 512 of 696 Attachment 2 Chapter 9.60 Commercial Cannabis Businesses Sections: Section 9.60.010. Purpose and Intent. Section 9.60.020. Legal Authority. Section 9.60.030. Cannabis Cultivation and Commercial Cannabis Activities Prohibited Unless Specifically Authorized by this Chapter. Section 9.60.040. Compliance with State and Local Laws. Section 9.60.050. Definitions. Section 9.60.060. Authorization to Engage in Commercial Cannabis Business. Section 9.60.070. Location and Design of Cannabis Businesses. Section 9.60.080. Maximum Number and Type of Authorized Commercial Cannabis Businesses Permitted. Section 9.60.090. Fees and Charges. Section 9.60.100. Development Agreement. Section 9.60.110. Evidence of Cannabis Owner(s), Representative(s) and Employee(s) Background Check Required. Section 9.60.120. Persons Prohibited from Holding a Commercial Cannabis License. Section 9.60.130. Persons Prohibited from Employment by a Commercial Cannabis Business. Section 9.60.140. Certification from the Community Development Department. Section 9.60.150. Right to Occupy and to Use Property. Section 9.60.160. Application Procedure for a Cannabis Business Permit. Section 9.60.180. Operations Plan and Standards. 513 of 696 Attachment 2 Section 9.60.190. Limitations on City's Liability. Section 9.60.200. Restriction on Alcohol & Tobacco Sales. Section 9.60.225. Restriction on Consumption of Cannabis or other Substances Section 9.60.230. General Operating Requirements for all Commercial Cannabis Businesses. Section 9.60.240. Amendments to General Operating Requirements. Section 9.60.250. Additional Operating Requirements for Store Front Retail Facilities. Section 9.60.260. Additional Operating Requirements for Non -Store Front Retail Facilities. Section 9.60.265. Operating Requirements for Consumption Lounges. Section 9.60.270. In -City Delivery Vehicle Requirements. Section 9.60.275. Out -of -City Delivery Vehicle Requirements. Section 9.60.280. Additional Operating Requirements for a Cultivation Facility Operation. Section 9.60.290. Additional Operating Requirements for Distributors. Section 9.60.300. Additional Operating Requirements for Testing Labs. Section 9.60.310. Additional Operating Requirements for Cannabis Manufacturing: Edibles and Other Cannabis Products; Sale or Distribution of Edible and Other Cannabis Products. Section 9.60.320. Additional Operating Requirements for a Microbusiness-Cultivation Facility. Section 9.60.330. Section 9.60.340. Permissible Delivery Locations and Customers. Expiration of Commercial Cannabis Business Permits. Section 9.60.350. Renewal of Cannabis Business Permits. Section 9.60.360. Revocation or Suspension of Permits. Section 9.60.370. Effect of State License Suspension, Revocation, or Termination. Section 9.60.380. Appeals. 514 of 696 Attachment 2 Section 9.60.390. Written Request for Appeal. Section 9.60.400. Appeal Hearing Process. Section 9.60.420. Transfer of Cannabis Business Permit. Section 9.60.430. Change in location; updated permit application. Section 9.60.440. Promulgation of Regulations, Standards and Other Legal Duties. Section 9.60.450. Community Relations. Section 9.60.460. Fees Deemed Debt to the City of National City. Section 9.60.470. Responsibility for Violations. Section 9.60.480. Inspection and Enforcement. Section 9.60.490. Compliance with State Regulations. Section 9.60.500. Violations declared a public nuisance. Section 9.60.510. Each violation a separate offense. Section 9.60.520. Serious Violations Grounds for Immediate Suspension of License or Permit. Section 9.60.530. Criminal Penalties. Section 9.60.540. Remedies cumulative and not exclusive. 515 of 696 Attachment 2 NATIONAL CITY ORDINANCE ADDING CHAPTER 9.60 TO THE NATIONAL CITY MUNICIPAL CODE REGULATION OF COMMERCIAL CANNABIS ACTIVITY Section 9.60.010. Purpose and Intent. It is the purpose and intent of this Chapter to implement the provisions of the Medicinal and Adult Use Cannabis Regulation and Safety Act ("MAUCRSA") to accommodate the needs of medically -ill persons in need of cannabis for medicinal purposes as recommended by their health care provider(s), and to provide access to same. It is also the purpose and intent of this Chapter to provide access to adult -use cannabis for persons aged 21 and over as authorized by the Control, Tax & Regulate the Adult Use Cannabis Act ("AUMA" or "Proposition 64" approved by California voters in 2016), while imposing sensible regulations on the use of land to protect the City's residents, neighborhoods, and businesses from disproportionately negative impacts. As such, it is the purpose and intent of this Chapter to regulate the cultivation, processing, manufacturing testing, sale, delivery, distribution and transportation of cannabis and cannabis products in a responsible manner to protect the health, safety, and welfare of the residents of the City of National City and to enforce rules and regulations consistent with state and local law. operators to obtain and renew annually a commercial cannabis business permit to operate within the City of National City. Nothing in this Chapter is intended to authorize the possession, use, or provision of cannabis for purposes that violate state or local law. The provisions of this Chapter are in addition to any other permits, licenses and approvals which may be required to conduct business in the City, and are in addition to any permits, licenses and approval required under state, City, or other law. Section 9.60.020. Legal Authority. Pursuant to Sections 5 and 7 of Article XI of the California Constitution, the provisions of the Medicinal and Adult Use Cannabis Regulation and Safety Act (hereinafter "MAUCRSA"), and any subsequent state legislation and/or regulations regarding same, the City of National City is authorized to adopt ordinances that establish standards, requirements and regulations for the licensing and permitting of commercial cannabis activity. Any standards, requirements, and regulations regarding health and safety, security, and worker protections established by the State of California, or any of its departments or divisions, shall be the minimum standards applicable in the City of National City to all commercial cannabis activity. Section 9.60.030. Cannabis Cultivation and Commercial Cannabis Activities Prohibited Unless Specifically Authorized by this Chapter. 1 Page 1 of 42 516 of 696 Attachment 2 Except as specifically authorized in this Chapter, the commercial cultivation, manufacture, processing, storing, laboratory testing, labeling, sale, delivery, distribution or transportation (other than as provided under Bus. & Prof. Code Section 26090(e)), of cannabis or cannabis product is expressly prohibited in the City of National City. Section 9.60.040. Compliance with State and Local Laws. It is the responsibility of the owners and operators of the commercial cannabis business, or any other responsible person(s), to ensure that it is, always, operating in a manner compliant with all applicable state and local laws, and any regulations promulgated thereunder. Nothing in this Chapter shall be construed as authorizing any actions that violate state law or local law with respect to the operation of a commercial cannabis business. It shall be the responsibility of the owners and the operators of the commercial cannabis business, or any other responsible person(s), to ensure that the commercial cannabis business is, at all times, operating in a manner compliant with all applicable state and local laws, including the Medicinal and Adult Use Cannabis Regulation and Safety Act ("MAUCRSA"), and any subsequently enacted state or local law or regulatory, licensing, or certification requirements, and any specific, additional operating procedures or requirements which may be imposed as conditions of approval of the commercial cannabis business permit. Section 9.60.050. Definitions. All definitions pertaining to cannabis regulation that appear in Business and Professions Code Section 26001, as codified by Senate Bill 94, the Medical and Adult Use Cannabis Regulation and Safety Act of 2017 (MAUCRSA), are hereby incorporated by reference. Definitions appearing in this ordinance are either those that are not covered by state law, pre -date Proposition 64 and the MAUCRSA, or are outside the scope of Section 26001. (a) "Adult Use" means the use of cannabis for recreational purposes by persons 21 years of age or older. (b) "Canopy" shall have the same meaning as that appearing in Title 3, Section 8000(f) of the California Code of Regulations. (c) "Caregiver" or "primary caregiver" has the same meaning as that term is defined in Section 11362.7 of the California Health and Safety Code. (d) "Distributor" shall have the same meaning as that appearing in Section 26070 of the Business and Professions Code. (e) "Commercial cannabis business" means any business or operation which engages in medicinal or adult -use commercial cannabis activity. (f) "Commercial cannabis business permit" means a regulatory permit issued by the City of National City pursuant to this Chapter, to a commercial cannabis business and is required before any commercial cannabis activity may be conducted in the City. The initial permit and annual renewal of a commercial cannabis business is made expressly contingent upon the business' ongoing 2 Page 2 of 42 517 of 696 Attachment 2 compliance with all of the requirements of this Chapter, any regulations adopted by the City governing the commercial cannabis activity at issue, and any other state and local laws and regulations. (g) "Consumption lounge" means an area that is part of the premises of a state -licensed, locally permitted commercial cannabis retail business, and that is designated for consumption of cannabis or cannabis products. (h) "Dispensing" means any activity involving the retail sale of cannabis or cannabis products from a retailer. (i) "Electronic Smoking Device" means an electronic device that can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such a device, whether or not sold separately. "Electronic Smoking Device" includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor. "Electronic Smoking Device" also includes cartridges, cartomizers, e-liquid, smoke juice, tips, atomizers, Electronic Smoking Device batteries, Electronic Smoking Device charges, and any other item specifically designed for the preparation, charging, or use of Electronic Smoking Devices. (j) "Limited -access area" means an area in which cannabis is stored or held and is only accessible to some licensee and authorized personnel. (k) "Manufactured cannabis" means raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, extraction or other manufactured product intended for internal consumption through inhalation or oral ingestion or for topical application. (I) "Manufacturing site" means a location that produces, prepares, propagates, or compounds cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and is owned and operated by a person issued a valid commercial cannabis business permit for manufacturing from the City of National City and, a valid state license as required for manufacturing of cannabis products. (m) "Microbusiness" shall have the same meaning as that contained in Section 26070(a)(3) of the Business and Professions Code. (n) "Non-volatile solvent" means any solvent used in the extraction process that is not a volatile solvent as defined by state law. For purposes of this chapter, a nonvolatile solvent includes carbon dioxide (CO2) used for extraction and ethanol used for extraction or post -extraction processing. (o) "Package" means any container or receptacle used for holding cannabis or cannabis products. (p) "Patient" or "qualified patient" shall have the same definition as California Health and Safety Code Section 11362.7 et seq., as it may be amended, and which means a person who is entitled to the protections of California Health & Safety Code Section 11362.22. (q) "Person with an identification card" shall have the meaning given that term by California Health and Safety Code Section 11362.7. (r) "Processing" means a cultivation site that conducts only trimming, drying, 3 Page 3 of 42 518 of 696 Attachment 2 curing, grading, packaging, or labeling of cannabis and non -manufactured cannabis products. (s) "Responsible person(s)" shall include but not be limited to a property owner, tenant, manager, permit holder, or any other person with a legal interest in the affected real property and any person in possession of the affected real property. (t) "Retailer" shall have the same meaning as the definition appearing in Section 26070(a)(1) of the Business and Professions Code. (u) "State license" means a permit or license issued by the State of California, or one of its departments or divisions, under MAUCRSA and any subsequent State of California legislation regarding the same to engage in commercial cannabis activity. A state license alone will not authorize the holder to operate a cannabis business, as state law also requires a permit or other authorization issued by a local jurisdiction. (v) "THC" means Tetrahydrocannabinol, the primary active ingredient in cannabis. It is a psychotropic intoxicant causing euphoria and capable of altering human perception and motor skills. (x) "Topical cannabis" means a product intended for external application and/or absorption through the skin. A topical cannabis product is not considered a drug as defined by Section 109925 of the California Health and Safety Code. (y) "Transport" means the transfer of cannabis products from the permitted business location of one licensee to the permitted business location of another licensee, for the purposes of conducting commercial cannabis activity authorized by MAUCRSA which may be amended or repealed by any subsequent State of California legislation regarding the same. Transport can only be performed by licensed distributors and does not include deliveries of cannabis or cannabis products. (z) "Vape cartridge" means a small attachment to a cannabis e-cigarette or vape pen that is a pre -filled container of cannabis oil. Vape cartridges are sold pre -filled with cannabis concentrates which contain cannabis' active ingredients. The liquid in such products usually contains a propylene glycol or vegetable glycerin -based liquid with flavoring and other chemicals and metals. Many vape cartridges are high in THC, but some contain cannabidiol (CBD, a non -psychoactive cannabinoid used as an analgesic), or terpenes (the chemicals that give cannabis its flavorful tastes and aromas). (aa) "Vaping" means the action or practice of inhaling and exhaling the vapor produced by an electronic cigarette or similar device. (bb) "Volatile solvent" means a solvent as defined by Health and Safety Code Section 11362.3(b)(3) as of the effective date of this article and as subsequently amended. (cc) "Youth center" means any public or private facility that is primarily used to host recreation or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades where 10 or more video games or game machines or devices are operated, and where minors are legally 4 Page 4 of 42 519 of 696 Attachment 2 permitted to conduct business, or similar amusement park facilities. It shall also include a park, playground or recreational area specifically designed to be used by children which has play equipment installed, including public grounds designed for athletic activities such as baseball, softball, soccer, or basketball or any similar facility located on a public or private school grounds, or on City, county or state parks. This definition shall not include any private martial arts, yoga, ballet, music, art studio or similar studio of this nature nor shall it include any private gym, athletic training facility, pizza parlor, dentist office, doctor's office primarily serving children or a location which is primarily utilized as an administrative office or facility for youth programs or organizations. Section 9.60.060. Authorization to Engage in Commercial Cannabis Business. (a) No person may engage in any authorized commercial cannabis business or in any commercial cannabis activity within the City of National City including cultivation, manufacture, processing, laboratory testing, transporting, dispensing, distribution, or sale of cannabis or a cannabis product unless the person has the following: (1) a valid commercial cannabis business permit issued by the City of National City; (2) a valid business license issued by the City of National City; (3) a mandatory building inspection and all required permits and approvals which would otherwise be required for any business of the same size and intensity operating in that zone. This includes but is not limited to obtaining any required building permit(s), the National City Fire Department approvals, Health Department approvals and other zoning and land use permit(s) and approvals. (4) a valid state license for the commercial cannabis activity corresponding to the business permit issued by the City of National City; (5) requisite approvals from the Planning Division of the National City Community Development Department; (6) a valid development agreement jointly negotiated with the City; (7) a valid State of California Seller's Permit. (b) No permit shall be issued pursuant to this Chapter for outdoor commercial cannabis cultivation, which is prohibited. It is a violation of this Chapter for any person or entity to engage in any outdoor commercial cannabis cultivation of any kind. Section 9.60.070. Location and Design of Cannabis Businesses. Cannabis businesses permitted by the City to engage in Cultivation, Distribution, Manufacturing, Microbusiness, Testing Labs, or Retail ancillary to the primary activity of 5 Page 5 of 42 520 of 696 Attachment 2 the business, for cannabis and cannabis products are subject to the following zoning and locational requirements: (a) Cultivation, Distribution, Testing Laboratories and Microbusinesses must be zoned in the following: IL (Light Industrial), IM (Medium Industrial), IH (Heavy Industrial) and must meet all of the requirements for development in these zones (see Section 18.20.020, National City Municipal Code). The cannabis businesses must also meet all of the following distance requirements: (1) It shall be no closer than six hundred (600) feet from any zoned parcel in the City designated by state law as a sensitive use, and pursuant to Section 9.60.070 (a) (3). The distance measured shall be the horizontal distance measured in a straight line from the property line of those parcels in Section 9.60.070 (a) (3) to the closest property line of the lot on which the cannabis business is located. (2) It shall be no closer than two hundred fifty (250) feet of any residentially zoned parcel in the City as of the date the cannabis business permit is issued. The distance between the cannabis business and the residential parcel shall be measured from the outer boundaries of the residential parcel to the first structure on the property seeking the commercial cannabis permit. (3) It shall be no closer than six hundred (600) feet from any parcel containing any of the following: A. A school providing instruction in kindergarten or any grades 1 through 12, (whether public or private, or charter, including pre-school, transitional kindergarten, and K-12); B. A commercial daycare center licensed by the State, County or City or that is in existence at the time the license is issued, unless the State licensing authority or the City specifies a different radius. C. A youth center that is in existence at the time the license is issued, unless the State licensing authority or the City specifies a different radius. (b) Consumption lounges must be zoned in the following: CT (Tourist Commercial) West of Interstate 5 and must meet all of the requirements for development in these zones (see Section 18.20.020, National City Municipal Code). They must also comply with the buffer zone requirements contained in 9.60.070(a). (c) Each proposed cannabis business project shall: 6 Page 6 of 42 521 of 696 Attachment 2 (1) Conform with the City's general plan, any applicable specific plans, master plans, and design requirements. (2) Comply with all applicable zoning and related development standards. (3) Be constructed in a manner that minimizes odors to surrounding uses, and promotes quality design and construction, and consistency with the surrounding properties. (4) Be adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and all items required for the development. (5) Be served by highways adequate in width and improved as necessary to carry the kind and quantity of traffic such use will generate. (6) Be provided with adequate electricity, sewerage, disposal, water, fire protection and storm drainage facilities for the intended purpose. Section 9.60.080. Maximum Number and Type of Authorized Commercial Cannabis Businesses Permitted. (a) The number of each type of commercial cannabis business that shall be permitted to operate in the City shall be established by resolution by the City Council. (b) Section 9.60.080 is only intended to create a process in determining the maximum number of commercial cannabis businesses that may be issued permits to operate in the City under each category. Nothing in this Chapter creates a mandate that the City Council must issue any or all of the commercial cannabis business permits if it is determined that the applicants do not meet the standards which are established in the application requirements, or by further amendments to the application process, or if the City Council upon further deliberation determines that the issuance of any or all commercial cannabis business permits will negatively impact the public safety, welfare or other public policy concerns. (c) Each year following the City Council's initial award of permits, if any, or at any time in the City Council's discretion, the City Council may reassess the number of commercial cannabis business permits which are authorized for issuance. The City Council at its discretion, may determine that the number of commercial cannabis permits should stay the same, or be expanded. 7 Page 7 of 42 522 of 696 Attachment 2 Section 9.60.090. Fees and Charges. (a) No person may commence or continue any commercial cannabis activity in the City, without timely paying in full all fees and charges required for the operation of a commercial cannabis activity. Fees and charges associated with the operation of a commercial cannabis activity shall be established by resolution of the City Council which may be amended from time to time. (b) All commercial cannabis businesses authorized to operate under this Chapter shall pay all sales, use, business and other applicable taxes, and all license, registration, and other fees required under federal, state and local law. Each commercial cannabis business shall cooperate with the City with respect to any reasonable request to audit the commercial cannabis business' books and records for the purpose of verifying compliance with this section, including but not limited to a verification of the amount of taxes required to be paid during any period. Section 9.60.100. Development Agreement. Prior to operating in the City and as a condition of issuance of a regulatory permit, the operator of each cannabis facility shall enter into a Development Agreement with the City setting forth the terms and conditions under which the cannabis facility will operate that are in addition to the requirements of this Chapter, including, but not limited to, public outreach and education, community service, payment of fees and other charges as mutually agreed, and such other terms and conditions that will protect and promote the public health, safety and welfare. Section 9.60.110. Evidence of Cannabis Owner(s), Representative(s) and Employee(s) Background Check Required. (a) Pursuant to California Penal Code Sections 11105(b)(11) and 13300(b)(11), which authorize city authorities to access state and local criminal history information for employment, licensing, or certification purposes, and authorize access to federal level criminal history information by transmitting fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation, every applicant for a Certificate of Approval (including owners and other representatives of the applicant) and every person to be employed at the facility must submit fingerprints and other information deemed necessary by the Chief of Police or his/her designee(s) for a background check by the National City Police Department. A fee for the cost of the background investigation, which shall be the actual cost to the City of National City to conduct the background investigation as it deems necessary and 8 Page 8 of 42 523 of 696 Attachment 2 appropriate, including City staff time and costs, shall be paid at the time the person submits for the background check. (b) The criminal background check must at a minimum identify the following: 1) Whether the individual applying for employment has ever been convicted of a violent felony as defined by California Penal Code 667.5, or equivalent offenses in other states; 2) Whether the individual applying for employment has ever been convicted of a crime involving dishonesty, fraud or deceit, including but not limited to fraud, forgery, theft, or embezzlement as those offenses are defined in California Penal Code Sections 186.11, 470, 484, and 504a, respectively; or equivalent offenses in other states; or 3) Whether the individual applying for employment has ever been convicted of the illegal use, possession, transportation, distribution or similar activities related to controlled substances, as defined in the Federal Controlled Substances Act, not including cannabis -related offenses for which the conviction occurred after the passage of the Compassionate Use Act of 1996. (c) Evidence of a conviction of any the offenses enumerated in Section 9.60.110(b) shall be grounds for denial of employment. (d) Violation of this section shall be grounds for immediate suspension of the business' operating permit. The business operator shall have the right to an appeal pursuant to section 9.60.380. Section 9.60.120. Persons Prohibited from Holding a Commercial Cannabis License. (a) Any person, including but not limited to any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit ("applicant"), in which any of the following actions or notices have been issued for non-compliance or if they have been engaging or have engaged in the following activity, shall be prohibited from holding a cannabis commercial license or a cannabis business permit in the City of National City: (1) The applicant has had a license suspended or revoked by any City, county, City and county or any other state cannabis licensing authority; (2) Evidence that the applicant is delinquent in payment of federal, state or local taxes and/or fees; (3) Applicant was conducting (or has conducted) commercial 9 Page 9 of 42 524 of 696 Attachment 2 cannabis activity in the City of National City in violation of local and/or state law. (4) If any person enters into either a verbal or written agreement to lease, sublease, or any other agreement for any terms of use of the premises granted by a property owner, commercial broker or any third party, that is in violation of Section 9.60.060 and Section 9.60.150. Any such lease, sublease or agreement shall not contain terms or conditions requiring the cannabis permit licensee to pay the property owner, commercial broker, or any third party a percentage of gross receipts, royalties, equity, or other unreasonable compensation as determined by the City. In addition, all leases, subleases, or other agreements must be based on a monthly rate. Section 9.60.130. Persons Prohibited from Employment by a Commercial Cannabis Business. (a) Any person, including but not limited to any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, in which any of the following actions or notices have been issued for non-compliance or if they have been engaging or have engaged in the following activity, shall be prohibited from employment with a cannabis business permittee in the City of National City: (1) The person has had a license suspended or revoked by any City, County, or City and County, or any other state cannabis licensing authority; (2) Evidence that the person is delinquent in payment of federal, state or local taxes and/or fees. (3) The person was conducting commercial cannabis activity in the City of National City in violation of local and/or state law. Section 9.60.140. Certification from the Community Development Department. Prior to submitting any applications for a commercial cannabis business, applicant must first obtain a certification from the Community Development Department or his/her designee(s) certifying that the business is located on a site that meets all of the requirements of Sections 9.60.070 and 9.60.230 of this Chapter. Section 9.60.150. Right to Occupy and to Use Property. 10 Page 10 of 42 525 of 696 Attachment 2 Prior to submitting any applications for a commercial cannabis business, applicant must obtain approval from the owner of the real property where the proposed commercial cannabis business will be located (if approved). Applicants are not required to have a signed lease, but a letter from the property owner indicating that: a. The property owner is aware of and approves of the use being proposed. b. The property owner will lease the property to the cannabis related use upon approval of the application. c. The property owner understands that licenses for cannabis related uses are for one year and can be revoked at the City's sole discretion with or without reason. Property owners are permitted to issue letters detailing such contingent lease agreements for a maximum of two (2) independent applicants. In the event the proposed location will be leased from the property owner, the applicant shall be required to provide a signed and notarized statement from the owner of the property, acknowledging that the property owner has read this Chapter and consents to the operation of the commercial cannabis business on the owner's property. Section 9.60.160. Application Procedure for a Cannabis Business Permit. (a) The City will establish by administrative policies and procedures promulgated by the City Manager or his/her designee the procedures to prepare the necessary forms, adopt any necessary rules related to the application process, solicit applications, and conduct initial evaluations of the applicants. (b) At the time of filing, each applicant shall pay an application fee established by resolution of the City Council, to cover all costs incurred by the City in the application process. (c) The application procedure process shall include a component on community benefits. Any community benefits that a commercial cannabis business agrees to provide shall be incorporated into the terms and conditions under which the commercial cannabis business will operate with the City's approval, if and when a Development Agreement is issued. Such terms and conditions shall be in addition to the requirements of this Chapter. The City may establish the procedures for determining community benefits by Resolution and/or by the implementation of administrative policies and procedures promulgated by the City Manager. (d) The City's Reservation of Rights. 11 Page 11 of 42 526 of 696 Attachment 2 The City reserves the right to reject any or all applications. Prior to permit issuance, the City may also modify, postpone, or cancel any request for applications, or the entire program under this Chapter, at any time without liability, obligation, or commitment to any party, firm, or organization, to the extent permitted under California state law. Persons submitting applications assume the risk that all or any part of the program, or any particular category of permit potentially authorized under this Chapter, may be cancelled at any time prior to permit issuance. The City further reserves the right to request and obtain additional information from any candidate submitting an application. (e) Grounds for Rejection of Application. In addition to a failure to comply with other requirements in this Chapter, an application risks being rejected for any of the following reasons: (1) The application was received after the designated time and date of the deadline. (2) The application did not contain the required elements, exhibits, or was not organized in the required format. (3) The application was considered not fully responsive to the request for a permit application, i.e. was substantially incomplete. Section 9.60.180. Operations Plan and Standards. A Certificate of Approval issued by the Planning Department for a facility must include, as conditions of approval, the post -permitting operating requirements for the individual license types set forth in this ordinance. In addition Section 9.60.190. Limitations on City's Liability. To the fullest extent permitted by law, the City of National City shall not assume any liability whatsoever with respect to having issued a commercial cannabis business permit pursuant to this Chapter or otherwise approving the operation of any commercial cannabis business. As a condition to the approval of any commercial cannabis business permit, the applicant shall be required to meet all of the following conditions before they can receive the commercial cannabis business permit: (a) Execute an agreement, in a form approved by the City Attorney, agreeing to indemnify, defend (at applicant's sole cost and expense), and hold the City of National City, and its officers, officials, employees, representatives, and agents, harmless, from any and all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to, the 12 Page 12 of 42 527 of 696 Attachment 2 City 's issuance of the commercial cannabis business permit, the City 's decision to approve the operation of the commercial cannabis business or activity, the process used by the City in making its decision, or the alleged violation of any federal, state or local laws by the commercial cannabis business or any of its officers, employees or agents. (b) Maintain insurance at coverage limits, and with conditions thereon determined necessary and appropriate from time to time by the City Manager, City Attorney, and the City's Risk Manager. (c) Reimburse the City of National City for all costs and expenses, including but not limited to legal fees and costs and court costs, which the City of National City may be required to pay as a result of any legal challenge related to the City's approval of the applicant's commercial cannabis business permit, or related to the City's approval of a commercial cannabis activity. The City of National City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve any of the obligations imposed hereunder. Section 9.60.200. Restriction on Alcohol & Tobacco Sales. (a) No person shall cause or permit the sale, dispensing, or consumption of alcoholic beverages on or about the premises of the commercial cannabis business. (b) No person shall cause or permit the sale of tobacco products on or about the premises of the commercial cannabis business. Section 9.60.225. Restriction on Consumption of Cannabis or other Substances No person shall consume cannabis, cannabis products, tobacco or alcohol on the premises of any commercial cannabis business. The sole exception shall be authorized cannabis consumption lounges, at which the consumption of tobacco and alcohol shall also be prohibited. Section 9.60.230. General Operating Requirements for all Commercial Cannabis Businesses. (a) Commercial cannabis businesses may operate only during the hours specified in the commercial cannabis business permit issued by the City. No person under the age of 21 shall operate, maintain, be employed at, or be issued a permit for, a commercial cannabis business of any kind. 13 Page 13 of 42 528 of 696 Attachment 2 (b) No cannabis or cannabis products or graphics depicting cannabis or cannabis products shall be visible from the exterior of any property issued a commercial cannabis business permit, or on any of the vehicles owned or used as part of the commercial cannabis business. No outdoor storage of cannabis or cannabis products is permitted at any time. (c) Reporting and Tracking of Product and of Gross Sales with an accounting software system capable of providing point of sale data as well as audit trails or both product and cash, where applicable. Each commercial cannabis business shall have in place a point -of -sale or management inventory tracking system to track and report on all aspects of the commercial cannabis business including, but not limited to, such matters as cannabis tracking, inventory data, gross sales (by weight and by sale) and other information which may be deemed necessary by the City. The commercial cannabis business shall ensure that such information is compatible with the City's record -keeping systems. In addition, the system must have the capability to produce historical transactional data for review. Furthermore, any system selected must be approved and authorized by the City Manager or his/her designee(s) prior to being used by the permittee. (d) All cannabis and cannabis products sold, distributed or manufactured shall be cultivated, manufactured, and transported by licensed facilities that maintain operations in full conformance with the State and local regulations. (e) Emergency Contact. Each commercial cannabis business shall provide the City Manager and the Chief of Police or his/her designee(s) with the name, telephone number (both land line and mobile, if available) of an on -site employee or owner to whom emergency notice can be provided at any hour of the day. (f) Signage and Notices. (1) In addition to the requirements otherwise set forth in this section, business identification signage for a commercial cannabis business shall conform to the requirements of the City of National City ordinance, Chapter 18.47, including, but not limited to, seeking the issuance of a City sign permit. (2) No signs placed on the premises of a commercial cannabis business shall obstruct any entrance or exit to the building or any window. (3) Each entrance to a commercial cannabis business shall be visibly posted with a clear and legible notice indicating that smoking, ingesting, or otherwise consuming cannabis on the premises or in the areas adjacent to the commercial cannabis business is 14 Page 14 of 42 529 of 696 Attachment 2 prohibited. This provision shall not apply to consumption lounges (see Section 9.60.265). (4) Business identification signage shall be limited to that needed for identification only and shall not contain any logos or information that identifies, advertises, or lists the services or the products offered. No commercial cannabis business shall advertise by having a person holding a sign and advertising the business to passersby, whether such person is on the premises of the commercial cannabis business or elsewhere including, but not limited to, the public right-of-way. (5) Signage shall not depict any image of cannabis or cannabis products. No banners, flags, billboards or other prohibited signs may be used at any time. (6) In accordance with state law and regulations or as stipulated in the City of National City regulatory permit, holders of a commercial cannabis business permit shall agree that, as an express and ongoing condition of permit issuance and subsequent renewal, the holder of the permit shall be prohibited from advertising any commercial cannabis business located in the City of National City utilizing a billboard (fixed or mobile), bus shelter, placard, aircraft, or other similar forms of advertising. This paragraph is not intended to place limitations on the ability of a commercial cannabis business to advertise in other legally authorized forms, including on the Internet, in magazines, or in other similar ways. (g) Minors. (1) Persons under the age of twenty-one (21) years shall not be allowed on the premises of a commercial cannabis business and shall not be allowed to serve as a driver for a mobile delivery service. It shall be unlawful and a violation of this Chapter for any person to employ any person at a commercial cannabis business who is not at least twenty- one (21) years of age. (2) Notwithstanding Section 9.60.230(g)(1), persons aged 18 to 20 years shall be allowed on the premises of a commercial cannabis business if they can produce a physician's recommendation. In that event, such persons can lawfully purchase cannabis for the sole purpose of addressing the medical need that is the subject of the physician's recommendation. This provision shall not apply to consumption lounges. Only persons 21 and older shall be granted admittance to consumption lounges. Access to persons under 21 is prohibited. 15 Page 15 of 42 530 of 696 Attachment 2 (3) The entrance to the commercial cannabis business shall be clearly and legibly posted with a notice that no person under the age of twenty-one (21) years of age is permitted to enter upon the premises of the commercial cannabis business. (h) Odor Control. Odor control devices and techniques shall be incorporated in all commercial cannabis businesses to ensure that odors from cannabis are not detectable off -site. Commercial cannabis businesses shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the commercial cannabis business that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights -of -way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the commercial cannabis business. As such, commercial cannabis businesses must install and maintain the following equipment, or any other equipment which the City Manager or his/her designee(s) determine is a more effective method or technology: (i) (1) An exhaust air filtration system with odor control that prevents internal odors from being emitted externally; (2) An air system that creates negative air pressure between the commercial cannabis business's interior and exterior, so that the odors generated inside the commercial cannabis business are not detectable on the outside of the commercial cannabis business. Display of Permit and City Business License. The original copy of the commercial cannabis business permit issued by the City pursuant to this Chapter and the City issued business license shall be posted inside the commercial cannabis business in a location readily visible to the public. (j) Background Check. Pursuant to California Penal Code Sections 11105(b)(11) and 13300(b)(11), which authorizes City authorities to access state and local summary criminal history information for employment, licensing, or certification purposes; and authorizes access to federal level criminal history information by transmitting fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation, every person listed as an owner, manager, supervisor, employee, contract employee or who otherwise works in a commercial cannabis business must submit fingerprints and other information deemed necessary by the Chief of Police or his/her designee(s) for a background check by the City of National City Police Department. Pursuant to California Penal Sections 11105(b)(11) and 13300(b)(11), which requires that there be a requirement or exclusion from 16 Page 16 of 42 531 of 696 Attachment 2 employment, licensing or certification based on specific criminal conduct on the part of the subject of the record. No person shall be issued a permit to operate a commercial cannabis business or a related work permit unless they have first cleared the background check, as determined by the Chief of Police or his/her designee(s), as required by this section. A fee for the cost of the background investigation, which shall be the actual cost to the City of National City to conduct the background investigation as it deems necessary and appropriate, shall be paid at the time the application for a commercial cannabis business permit is submitted. Evidence of a conviction of any of the offenses enumerated in Business and Professions Code Section 26057(b)(4), absent a Certificate of Rehabilitation, shall be grounds for immediate disqualification of the applicant. (k) Loitering. The owner and/or operator of a commercial cannabis business shall prohibit loitering by persons outside the facility both on the premises and within fifty (50) feet of the premises. The cannabis business shall notify the National City Police Department if anyone continues to loiter around the building or premises after all reasonable action has been taken to remove the individual(s) and the action has failed to do so in a timely manner. (I) (m) Employee Training and Customer Education. Each commercial cannabis operator shall establish minimum training standards for all employees, including but not limited to the variety of products offered for sale, their potency, absorption time if known, and effects of the products. Employees shall educate all customers on these items in an effort to ensure responsible consumption. The retailer shall provide with each purchase educational brochures containing this information. The City Manager or Chief of Police shall have the discretion to require other training for the business operations as they find necessary under any circumstances. Security Requirements. A permitted commercial cannabis business shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products, and to deter and prevent the theft of cannabis or cannabis products at the commercial cannabis business. Except as may otherwise be determined by the City Manager, Chief of Police or his/her designee(s), these security measures shall include, but may not be limited to, all of the following: (1) Alarm system (perimeter, fire, and panic buttons). (2)Remote monitoring of alarm systems by a security company licensed by the State of California Bureau of Security and Investigative Services. 17 Page 17 of 42 532 of 696 Attachment 2 (3) Perimeter lighting systems (including motion sensors) for after-hours security. (4) Perimeter security and lightning as approved by the Chief of Police or the Community Development Department or his/her designee. (5) Preventing individuals from remaining on the premises of the commercial cannabis business if they are not engaged in an activity directly related to the permitted operations of the commercial cannabis business. (6) Establishing limited access areas accessible only to authorized commercial cannabis business personnel. (7) Except for live growing plants which are being cultivated at a cultivation operation, all cannabis and cannabis products shall be stored in a secured and locked vault or vault equivalent. All safes and vaults shall be compliant with Underwriter Laboratories burglary -resistant and fire-resistant standards. All cannabis and cannabis products, including live plants that are being cultivated, shall be kept in a manner as to prevent diversion, theft, and loss. (8) Installing 24-hour security surveillance cameras of at least HD -quality to monitor all entrances and exits to and from the premises, all interior spaces within the commercial cannabis business which are open and accessible to the public, all interior spaces where cannabis, cash or currency, is being stored for any period of time on a regular basis and all interior spaces where diversion of cannabis could reasonably occur. All cameras shall record in color. All exterior cameras shall be in weather-proof enclosures, shall be located so as to minimize the possibility of vandalism, and shall have the capability to automatically switch to black and white in low light conditions. Video recordings shall be maintained for a minimum of ninety (90) days and shall be made available to the City Manager or his/her designee(s) upon request. Video shall be of sufficient quality for effective prosecution of any crime found to have occurred on the site of the commercial cannabis business and shall be capable of enlargement via projection or other means. (9) Sensors shall be installed to detect entry and exit from all secure areas and shall be monitored in real time by a security 18 Page 18 of 42 533 of 696 Attachment 2 company licensed by the State of California Bureau of Security and Investigative Services. (10) Panic buttons shall be installed in all commercial cannabis businesses with direct notification to the National City Police Department dispatch and shall be configured to immediately alert dispatch for the National City Police Department. (11) Any bars installed on the windows or the doors of the commercial cannabis business shall be installed only on the interior of the building in compliance with all federal, state and local laws. (12) Security personnel shall be on -site 24 hours a day or alternative security as authorized by the City Manager and Chief of Police or his/her designee(s) and must have a verified response security patrol when closed. Security personnel must be licensed by the State of California Bureau of Security and Investigative Services personnel and shall be subject to the prior review and approval of the City Manager or his/her designee(s) and the Chief of Police, with such approval not to be unreasonably withheld. Firearms may be carried by security personnel while they are on duty, if authorized by the San Diego County Sheriff's Department. (13) Each commercial cannabis business shall have the capability to remain secure during a power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage. (14) Entrance areas are to be locked at all times and under the control of a designated responsible party that is either; (a) an employee of the commercial cannabis business; or (b) a licensed security professional. (15) Each commercial cannabis business shall demonstrate to the Chief of Police, City Manager or their designees, compliance with the state's track and trace system for cannabis and cannabis products, as soon as it is operational. (16) Each commercial cannabis business shall have a professionally installed video surveillance system, access control and intrusion alarm systems designed to protect the inventory, facility, and employees. Each business shall have 19 Page 19 of 42 534 of 696 Attachment 2 network security protocols that are certified by Underwriters Laboratories. (17) Exterior vegetation shall be planted, altered and maintained in a fashion that precludes its use as a hiding place for persons on the premises. (18) Emergency access and emergency evacuation plans that are in compliance with state and local fire safety standards. (19) Each commercial cannabis business shall identify a designated security representative/liaison to the City of National City, who shall be reasonably available to meet with the City Manager or the Chief of Police or his/her designee(s) regarding any security related measures or and operational issues. The designated security representative/liaison shall, on behalf of the commercial cannabis business, annually maintain a copy of the current security plan on the premises of the business, to present to the City Manager and Chief of Police or his/her designee upon request that meets the requirements of Section 9.60.230(m). (20) As part of the application and permitting process each commercial cannabis business shall have a storage and transportation plan, which describes in detail the procedures for safely and securely storing and transporting all cannabis, cannabis products, any hazardous materials that may be used by the business, and any currency. (21) The commercial cannabis business shall cooperate with the City whenever the City Manager or Chief of Police or his/her designee(s) makes a request, with or without prior notice, to inspect or audit the effectiveness of any security plan or of any other requirement of this Chapter. (22) A commercial cannabis business shall notify the City Manager and the Chief of Police or his/her designee(s) within twenty-four (24) hours of discovering any of the following: (a) Significant discrepancies identified during inventory. The level of significance shall be determined by the regulations promulgated by the City Manager and the Chief of Police or his/her designee(s). 20 Page 20 of 42 535 of 696 Attachment 2 (b) Diversion, theft, loss, or any criminal activity involving the commercial cannabis business or any agent or employee of the commercial cannabis business. (c) The loss or unauthorized alteration of records related to cannabis, customers or employees or agents of the commercial cannabis business. (d) Any other breach of security. (23) Compliance with the foregoing requirements shall be verified by the City Manager or his/her designee prior to commencing business operations. The City Manager or his/her designee may supplement these security requirements once operations begin, subject to review by the City Manager if requested by the business owner. (24) Retailers and microbusinesses authorized to conduct retail activities shall only serve customers who are within the licensed premises, or at a delivery address that meets the requirements of this division. (1) The sale and delivery of cannabis goods shall not occur through a pass -through window or a slide -out tray to the exterior of the premises. (2) Retailers or microbusinesses shall not operate as or with a drive-in or drive -through at which cannabis goods are sold to persons within or about a motor vehicle. (3) No cannabis goods shall be sold and/or delivered by any means or method to any person within a motor vehicle. (4) All cannabis goods sold by a retail business shall be contained in child -resistant packaging. (5) Retailers shall record point -of -sale areas and areas where cannabis goods are displayed for sale on the video surveillance system. At each point -of -sale location, camera placement must allow for the recording of the facial features of any person purchasing or selling cannabis goods, or any person in the retail area, with sufficient clarity to determine identity. A retail licensee or microbusiness licensee who is engaged in retail sale shall hire or contract for security personnel who are at least 21 years of 21 Page 21 of 42 536 of 696 Attachment 2 age to provide security services for the licensed retail premises. All security personnel hired or contracted for by the licensee shall be licensed by the Bureau of Security and Investigative Services and shall comply with Chapters 11.4 and 11.5 of Division 3 of the Business and Professions Code. (n) Records and Recordkeeping. (1) Each owner and operator of a commercial cannabis business shall maintain accurate books and records in an electronic format, detailing all of the revenues and expenses of the business, and all of its assets and liabilities. On no less than an annual basis (at or before the time of the renewal of a commercial cannabis business permit issued pursuant to this Chapter), or at any time upon reasonable request of the City, each commercial cannabis business shall file a sworn statement detailing the number of sales by the commercial cannabis business during the previous twelve-month period (or shorter period based upon the timing of the request), provided on a per -month basis. The statement shall also include gross sales for each month, and all applicable taxes and fees paid or due to be paid. On an annual basis, each owner and operator shall submit to the City a financial audit of the business's operations conducted by an independent certified public accountant. Each permittee shall be subject to a regulatory compliance review and financial audit as determined by the City Manager or his/her designee(s). (2) Each owner and operator of a commercial cannabis business shall maintain a current register of the names and the contact information (including the name, address, and telephone number) of anyone owning or holding an interest in the commercial cannabis business, and separately of all the officers, managers, employees, agents and volunteers currently employed or otherwise engaged by the commercial cannabis business. The register required by this paragraph shall be provided to the City Manager or his/her designee(s) upon a reasonable request. (3) If an applicant operated a cannabis collective, cooperative, or other business prior to the enactment of MAUCRSA, then once a state license is obtained, the commercial cannabis business must maintain such records only to the extent permitted or required by MAUCRSA. (4) All commercial cannabis businesses shall maintain an inventory control and reporting system that accurately documents the present location, amounts, and descriptions of all cannabis and cannabis products for all stages of the growing and production or manufacturing, laboratory testing and distribution processes until purchase as set forth MAUCRSA. 22 Page 22 of 42 537 of 696 Attachment 2 (5) Each commercial cannabis business shall allow the City of National City officials to have access to the business's books, records, accounts, together with any other data or documents relevant to its permitted commercial cannabis activities, for the purpose of conducting an audit or examination at any time during the business's business hours. If not otherwise available, books, records, accounts, and any and all relevant data or documents will be produced no later than twenty-four (24) hours after receipt of the City's request, unless otherwise stipulated by the City. The City may require the materials to be submitted in an electronic format that is compatible with the City's software and hardware. (o) Sale of Certain Items Prohibited. It shall be a violation of this Chapter for any commercial cannabis business to sell or offer for sale, possess, give, provide, or to possess with intent to sell or offer for sale, give or provide, any vape products including vape cartridges, flavored or unflavored, electronic cigarettes or other electronic smoking devices, or flavored tobacco products. All such sales or possession are strictly prohibited. Section 9.60.240. Amendments to General Operating Requirements. The City Manager or his/her designee may develop other commercial cannabis business operational requirements or regulations as are determined to be necessary to protect the public health, safety and welfare. Section 9.60.250. Additional Operating Requirements for Store Front Retail Facilities. (a) Retailers shall verify the age and all necessary documentation of each individual to ensure the customer is not under the age of eighteen (18) years. If the potential customer is 18 to 20 years old, retailer shall confirm the customer's possession of a valid doctor's recommendation and/or Health and Safety Code Section 11362.71 identification card (Medical Cannabis Card). For adult use or recreational purchases, retailers shall verify that all customers are 21 years of age or older for the purchase of cannabis or cannabis products. (1) Access to the premises of a retail licensee/permittee shall be limited to individuals who are at least 21 years of age. (2) Notwithstanding Section 9.60.250 (a)(1), individuals who are at least 18 years of age and in possession of a valid physician's recommendation shall be granted access to the premises of a retail licensee/permittee for the sole purpose of purchasing medicinal cannabis consistent with the physician's recommendation. (3) All individuals seeking access to the commercial cannabis retail business must show their government -issued identification, and, if appropriate, doctor's recommendation of Medical Cannabis card, in 23 Page 23 of 42 538 of 696 Attachment 2 order to gain access into the retailer. These documents must also be shown at the point of sale station at the time of purchase. Doctor recommendations are not to be obtained or provided at the retail location. (b) Entrances into the retailer shall be locked at all times with entry strictly controlled. A "buzz -in" electronic/mechanical entry system shall be utilized to limit access to and entry to the retailer to separate it from the reception/lobby area. (c) Retailers may have only that quantity of cannabis and cannabis products to meet the daily demand readily available for sale on -site in the retail sales area of the retailer. Additional product may be stored in a secured, locked area to which customers, vendors, and visitors shall not have access. (d) All restroom facilities shall remain locked and under the control of management. (e) Limited Access Areas. A retailer shall establish limited -access areas and permit only authorized individuals to enter the limited -access areas. Authorized individuals include individuals employed by the retailer as well as any outside vendors, contractors, or other individuals conducting business that requires access to the limited access area. All individuals granted access to the limited access area shall be at least 21 years of age, and if not employed by the retailer, shall be escorted at all times by an employee of the licensee/permittee. A retailer shall maintain a log of all individuals who are not employees who are granted access to the limited access area. These logs shall be made available to the Chief of Police or the Development Services Director upon request. Microbusiness — Commercial Activity. All cultivation, manufacturing, distribution, and retail activities performed by a licensee under a Type 12- Microbusiness permit shall occur on the same licensed premises. Areas of the premises for manufacturing and cultivation shall be separated from the distribution and retail areas by a wall and all doors between the areas shall remain closed when not in use. (f) (g) Operating hours of the Store Front Retailer License shall be limited to the hours of 9:00 a.m. through 9:00 p.m., seven days a week. (h) Store Front/Retail Security Requirements. All provisions incorporated within Section 9.60.230(m) of this Chapter (Security Requirements), are directly applicable to and binding on all commercial cannabis businesses, including all Store Front/Retail businesses. Uniformed licensed security personnel shall be employed to monitor site activity, control loitering and site access, and to serve as a visual deterrent to unlawful activities. Security personnel may be allowed to carry firearms if authorized by San Diego County Sheriff's Department. 24 Page 24 of 42 539 of 696 Attachment 2 Section 9.60.260. Additional Operating Requirements for Non -Store Front Retail Facilities. All Store Front Retailers, Non -Store Front Retailers (delivery) and Microbusinesses which conduct deliveries into or within the City of National City shall be required to obtain a delivery permit from the City of National City in order to conduct retail sales regardless if they are located in the City or another local jurisdiction. (a) Operating hours of the Non -Store Front Retailer License shall be limited to the hours of 9:00 a.m. through 9:00 p.m., seven days a week. (b) The commercial Non -Store Front Retailer shall only sell cannabis or cannabis products to a natural person 21 years of age or older, or a natural person 18 years of age or older who possesses a physician's recommendation for cannabis medical use only. The age and/or any necessary documentation including a valid doctor's recommendation of each medical customer shall be verified. Doctor recommendations are not to be obtained or provided at the retail location. (c) The commercial cannabis Non -Store Front Retailer may only have on -site that quantity of cannabis and cannabis products reasonably anticipated to meet the weekly demand for which they may need to be readily available for sale. Section 9.60.265. Operating Requirements for Consumption Lounges. (a) Any consumption lounge operating within the City of National City must be contained within the premises of a state -licensed retail business or microbusiness, must be locally permitted pursuant to Section 9.60.140, must meet the other requirements of this Chapter, and must be compliant with the following additional requirements: (1) Access to the area where cannabis consumption is allowed is restricted to persons 21 years of age or older. (2) Cannabis consumption is not visible from any public place or non -age - restricted area. (3) Sale or consumption of alcohol or tobacco is not allowed on the premises. (4) Patrons cannot bring cannabis, tobacco or alcohol or other substances into the consumption lounge — they can only consume whatever cannabis they purchase on site. 25 Page 25 of 42 540 of 696 Attachment 2 (b) An applicant must obtain a secondary on -site consumption permit in order for cannabis to be consumed on the premises of an adult -use retail business and shall comply with the following (1) Cannabis consumption areas shall be well ventilated private areas of the retail establishment and are designed to prevent the flow of smoke to any other area of the establishment. (c) A commercial cannabis retail business with a retail lounge on its premises shall adopt procedures ensuring that its customers may only gain access to the lounge once they have purchased a product or products from the retail business. (d) Vaping is strictly prohibited. The possession or use of vape pens, electronic cigarettes, any type of electronic smoking device, or vape cartridges, both flavored and unflavored, on the premises of a consumption lounge shall be a violation of this Chapter. The on -site sale of food is permitted. A Permittee shall comply with laws governing Cannabis Businesses and retail food establishments, including but not limited to the California Retail Food Code. The owner/operator of the consumption lounge shall be responsible for maintaining dedicated and sufficient staff during operating hours to verify the identity and age of all patrons seeking admittance to the lounge. Persons under 21 shall be denied entry without exception. The owner/operator of the consumption lounge shall be responsible for ensuring that a state -licensed security guard is on duty during operating hours. The city manager or his/or designee shall establish conditions for approval for each onsite consumption permit including but not limited to a parking plan, ventilation plan, anti -drugged driving plan, design plan, and set hours of operation. Set hours of operation may only be adjusted by submitting a written request to and obtaining approval from city. (j) Cannabis consumption areas shall only provide cannabis to an individual in an amount consistent with personal possession and use limits allowed by the state. Section 9.60.270. In -City Delivery Vehicle Requirements. 26 Page 26 of 42 541 of 696 Attachment 2 Prior to commencing delivery operations, any locally permitted cannabis retail operation shall provide the following information to the City: (a) Proof of ownership of the vehicle or a valid lease for all vehicles that will be used to deliver cannabis or cannabis products. (b) The year, make, model, color, license plate number, and numerical Vehicle Identification Number (VIN) for all vehicles that will be used to deliver cannabis goods. (c) Proof of insurance as required in Section 9.60.210(b) for any and all vehicles being used to deliver cannabis goods. (d) The licensee shall provide the City with any changes to the information required by this section in writing within thirty (30) calendar days. Section 9.60.275. Out -of -City Delivery Vehicle Requirements. Prior to commencing operations, a cannabis out of City delivery service shall comply with the following requirements: (a) Obtain from the City a permit authorizing the delivery of cannabis and cannabis products within the City limits. A copy of this permit shall be retained by all drivers. (b) The retail business operating the delivery service shall provide the City Manager with evidence of a valid state license for a commercial cannabis business on whose authorization the delivery service is performing the delivery function. (c) The retail business operating the delivery service shall furnish to the City Manager the year, make, model, color, license plate number, and numerical Vehicle Identification Number (VIN) for any and all vehicles that will be used to deliver cannabis goods. Section 9.60.280. Additional Operating Requirements for a Cultivation Facility Operation. (a) Outdoor Commercial Cultivation is prohibited. (b) In no case, shall cannabis plants be visible from a public or private road, sidewalk, park or any common public viewing area. 27 Page 27 of 42 542 of 696 Attachment 2 (c) Cannabis cultivation shall be conducted in accordance with state and local laws related to land conversion, grading, electricity, water usage, water quality, woodland and riparian habitat protection, agricultural discharges, and similar matters. (d) Pesticides and fertilizers shall be properly labeled and stored to avoid contamination through erosion, leakage or inadvertent damage from pests, rodents or other wildlife. (e) The cultivation of cannabis shall at all times be operated in such a way as to ensure the health, safety, and welfare of the public, the employees working at the commercial cannabis business, visitors to the area, neighboring properties, and the end users of the cannabis being cultivated, to protect the environment from harm to streams, fish, and wildlife; to ensure the security of the cannabis being cultivated; and to safeguard against the diversion of cannabis. (f) All applicants for a cannabis cultivation permit shall submit to the following in addition to the information generally otherwise required for a commercial cannabis business: (1) A cultivation and operations plan that meets or exceeds minimum legal standards for water usage, conservation and use; drainage, runoff, and erosion control; watershed and habitat protection; and proper storage of fertilizers, pesticides, and other regulated products to be used on the parcel, and a description of the cultivation activities and schedule of activities during each month of growing and harvesting, or explanation of growth cycles and anticipated harvesting schedules for all -season harvesting. (2) A description of a legal water source, irrigation plan, and projected water use. (3) Identification of the source of electrical power and plan for compliance with applicable Building Codes and related codes. (4) Plan for addressing odor and other public nuisances that may derive from the cultivation site. Section 9.60.290. Additional Operating Requirements for Distributors. (a) A distributor shall not store non -cannabis goods or non -cannabis accessories that are to be sold to another party on any licensed premises. Additionally, a distributor shall not distribute non -cannabis goods or non - cannabis accessories at a licensed premise. For the purposes of this 28 Page 28 of 42 543 of 696 Attachment 2 section, non -cannabis goods are any goods that do not meet the definition of cannabis goods as defined in Title 16, Section 5000(c) of the California Code of Regulations. (b) After taking physical possession of a cannabis goods batch, the distributor shall contact a testing laboratory and arrange for a laboratory employee to come to the distributor's licensed premises to select a representative sample for laboratory testing. (c) A distributor shall ensure that all cannabis goods are stored separately and distinctly from other cannabis goods on the distributor's premises. (d) The distributor shall ensure that the batch size from which the sample is taken meets the requirements of state law, specifically the testing provisions within the California Code of Regulations. (e) A distributor or an employee of the distributor shall be physically present to observe the laboratory employee obtain the sample of cannabis goods for testing and shall ensure that the increments are taken from throughout the batch. The sampling shall be video -recorded, and the recording kept available to state and local authorities for a minimum of 180 days, pursuant to Title 16, Section 5305 of the California Code of Regulations. A distributor shall not transport cannabis or cannabis products to a licensed retail facility until and unless it has verified that the cannabis or cannabis products have been tested and certified by a testing lab as being in compliance with state health and safety requirements pursuant to Title 16, Sections 5705, 5710 and 5714 of the California Code of Regulations. (f) Section 9.60.300. Additional Operating Requirements for Testing Labs. (a) Testing Labs shall be required to conduct all testing in a manner pursuant to Business and Professions Code Section 26100 and shall be subject to state and local law. Each Testing Lab shall be subject to additional regulations as determined from time to time as more regulations are developed under this Chapter and any subsequent State of California legislation regarding the same. (b) Testing Labs shall conduct all testing in a manner consistent with general requirements for the competence of testing and calibrations activities, including sampling using verified methods. (c) All cannabis testing laboratories performing testing shall obtain and maintain ISO/IEC 17025 accreditation as required by the Bureau of Cannabis Control. (d) Testing labs shall destroy any harvest batch whose testing sample indicates noncompliance with health and safety standards required by the bureau unless remedial measures can bring the cannabis or cannabis products into compliance with quality standards as specified by law and implemented by the bureau. 29 Page 29 of 42 544 of 696 Attachment 2 (e) Each operator shall ensure that a testing laboratory employee takes the sample of cannabis or cannabis products from the distributor's premises for testing required by state law and that the testing laboratory employee transports the sample to the testing laboratory. (f) (g) Except as provided by state law, a testing laboratory shall not acquire or receive cannabis or cannabis products except from a licensee in accordance with state law, and shall not distribute, sell, or dispense cannabis, or cannabis products, from the licensed premises from which the cannabis or cannabis products were acquired or received. All transfer or transportation shall be performed pursuant to a specified chain of custody protocol. A testing laboratory may receive and test samples of cannabis or cannabis products from a qualified patient or primary caregiver only if the qualified patient or primary caregiver presents the qualified patient's valid physician's recommendation for cannabis for medicinal purpose. A testing lab shall not certify samples from a qualified patient or primary caregiver for resale or transfer to another party or licensee. All tests performed by a testing laboratory for a qualified patient or primary caregiver shall be recorded with the name of the qualified patient or primary caregiver and the amount of the cannabis or cannabis products received. Section 9.60.310. Additional Operating Requirements for Cannabis Manufacturing: Edibles and Other Cannabis Products; Sale or Distribution of Edible and Other Cannabis Products. Cannabis manufacturing shall only be permitted pursuant to state law, this chapter and or any subsequently created manufacturing state license as defined in MAUCRSA, and may be permitted to operate only within those zone districts as defined in Section 9.60.070 of this Chapter and Section 18.20.020 of the City of National City Municipal Code. Any compressed gases used in the manufacturing process shall not be stored on any property within the City of National City in containers that exceeds the amount which is approved by the National City Fire Department and authorized by the regulatory permit. Each site or parcel subject to a commercial cannabis business permit shall be limited to a total number of tanks as authorized by the National City Fire Department on the property at any time. Additional operating requirements include: (a) Cannabis manufacturing facilities may use heat, screens, presses, steam distillation, ice water, ethanol and other methods without employing solvents or gases to create keef, hashish, bubble hash, or infused dairy butter, or oils or fats derived from natural sources, and other extracts. 30 Page 30 of 42 545 of 696 Attachment 2 (b) If an extraction process uses a professional grade closed loop CO2 gas extraction system every vessel must be certified by the manufacturer for its safe use as referenced in Section 9.60.310 (f). The CO2 must be of at least ninety-nine percent purity. (c) Closed loop systems for compressed gas extraction systems must be commercially manufactured and bear a permanently affixed and visible serial number. (d) Certification from an engineer licensed by the State of California, or by a certified industrial hygienist, must be provided to the Community Development Department for a professional grade closed loop system used by any commercial cannabis manufacturing manufacturer to certify that the system was commercially manufactured, is safe for its intended use, and was built to codes of recognized and generally accepted good engineering practices, including but not limited to: (1) The American Society of Mechanical Engineers (ASME); (2) American National Standards Institute (ANSI); (3) Underwriters Laboratories (UL); or (4) The American Society for Testing and Materials (ASTM) (e) The certification document must contain the signature and stamp of the professional engineer or industrial hygienist and serial number of the extraction unit being certified. (f) (g) Professional closed loop systems, other equipment used, the extraction operation, and facilities must be approved for their use by the Fire Department and meet any required fire, safety, and building code requirements specified in the California Building Reference Codes. Cannabis Manufacturing Facilities may use food grade glycerin, ethanol, and propylene glycol solvents to create or refine extracts. Ethanol should be removed from the extract in a manner to recapture the solvent and ensure that it is not vented into the atmosphere. Cannabis Manufacturing Facilities creating cannabis extracts must develop standard operating procedures, good manufacturing practices, and a training plan prior to producing extracts for the marketplace. Any person using solvents or gases in a closed looped system to create cannabis extracts must be fully trained on how to use the system, have 31 Page 31 of 42 546 of 696 Attachment 2 direct access to applicable material safety data sheets and handle and store the solvents and gases safely. (j) Parts per million for one gram of finished extract cannot exceed state standards for any residual solvent or gas when quality assurance tested. Section 9.60.320. Additional Operating Requirements for a Microbusiness- Cultivation Facility. Microbusinesses shall comply with all local operating requirements under this Chapter and all requirements imposed by state law that apply to the specific activities operating under the umbrella of the individual microbusiness. (a) Outdoor Commercial Cultivation is prohibited. (b) In no case, shall cannabis plants be visible from a public or private road, sidewalk, park or any common public viewing area. (c) Commercial cannabis cultivation which is permitted in the City of National City shall not exceed 10,000 square feet of canopy space permitted by state law as part of a microbusiness license. (d) Cannabis cultivation shall be conducted in accordance with state and local laws related to land conversion, grading, electricity, water usage, water quality, woodland and riparian habitat protection, agricultural discharges, and similar matters. (e) Pesticides and fertilizers shall be properly labeled and stored to avoid contamination through erosion, leakage or inadvertent damage from pests, rodents or other wildlife. (f) (g) The cultivation of cannabis shall at all times be operated in such a way as to ensure the health, safety, and welfare of the public, the employees working at the commercial cannabis business, visitors to the area, neighboring properties, and the end users of the cannabis being cultivated, to protect the environment from harm to streams, fish, and wildlife; to ensure the security of the cannabis being cultivated; and to safeguard against the diversion of cannabis. All applicants for a cannabis cultivation permit shall submit to the following in addition to the information generally otherwise required for a commercial cannabis business: (1) A cultivation and operations plan that meets or exceeds minimum legal standards for water usage, conservation and use; drainage, runoff, and erosion control; watershed and habitat protection; and 32 Page 32 of 42 547 of 696 Attachment 2 proper storage of fertilizers, pesticides, and other regulated products to be used on the parcel, and a description of the cultivation activities and schedule of activities during each month of growing and harvesting, or explanation of growth cycles and anticipated harvesting schedules for all -season harvesting. (2) A description of a legal water source, irrigation plan, and projected water use. (3) Identification of the source of electrical power and plan for compliance with applicable Building Codes and related codes. (4) Plan for addressing odor and other public nuisances that may derive from the cultivation site. Section 9.60.330. Permissible Delivery Locations and Customers. All retail businesses conducting cannabis delivery operations within the City of National City are subject to the following requirements: (a) A licensed cannabis business shall not deliver cannabis goods to an address located on publicly owned land or any address on land or in a building leased by a public agency. (b) A licensed cannabis business shall comply with all requirements of state and local law pertaining to the cannabis permit and all subsequent policies, procedures and regulations which may be amended by the City Manager from time to in order to enforce this Chapter. (c) Any kiosk, i-Pad, tablet, smartphone, fixed location or technology platform, whether manned or unmanned, other than a retail location permitted by the city, that facilitates, directs, or assists the retail sale or delivery of cannabis or cannabis products is prohibited and shall be a violation of this Chapter. Section 9.60.340. Expiration of Commercial Cannabis Business Permits. Each commercial cannabis business permit issued pursuant to this Chapter shall expire twelve (12) months after the date of its issuance. Commercial cannabis permits may be renewed as provided in Section 9.60.350. Section 9.60.350. Renewal of Cannabis Business Permits. 33 Page 33 of 42 548 of 696 Attachment 2 An application for renewal of a commercial cannabis business permit shall be filed at least sixty (60) calendar days prior to the expiration date of the current permit. The renewal application shall contain all the information required for new applications. The applicant shall pay a fee in an amount to be set by the City Council to cover the costs of processing the renewal permit application, together with any costs incurred by the City to administer the program created under this Chapter. (d) An application for renewal of a commercial cannabis business permit shall be rejected if any of the following exists: (1) (2) (3) The application is filed less than sixty (60) days before its expiration. The commercial cannabis business permit is suspended or revoked at the time of the application. The commercial cannabis business has not been in regular and continuous operation in the four (4) months prior to the renewal application. (4) The commercial cannabis business has failed to conform to the requirements of this Chapter, or of any regulations adopted pursuant to this Chapter, or is in violation of any other state or local laws and regulations. (5) The permittee fails or is unable to renew its State of California license. (6) If the state has determined, based on substantial evidence, that the permittee or applicant is in violation of the requirements of the state rules and regulations, and the state has determined that the violation is grounds for termination or revocation of the commercial cannabis business permit. (e) The City Manager or the Chief of Police or his/her designee(s) is authorized to make all decisions concerning the issuance of a renewal permit. In making the decision, the City Manager or his/her designee(s) is authorized to impose additional conditions to a renewal permit, if it is determined to be necessary to ensure compliance with state or local laws and regulations or to preserve the public health, safety or welfare. Appeals from the decision of the City Manager or his/her designee(s) shall be handled pursuant to Sections 9.60.380 through 9.60.400. 34 Page 34 of 42 549 of 696 Attachment 2 (f) If a renewal application is rejected, a person may file a new application pursuant to this Chapter no sooner than one (1) year from the date of the rejection. Section 9.60.360. Revocation or Suspension of Permits. Commercial cannabis business permits may be revoked or suspended for any violation of any relevant law and/or any rule, regulation and/or standard adopted pursuant to this Chapter, including any amendments to those standards, or pursuant to any policy, procedure or regulation in this Chapter or in the National City Municipal Code. Section 9.60.370. Effect of State License Suspension, Revocation, or Termination. Suspension of a license issued by the State of California, or by any of its departments or divisions, shall immediately suspend the ability of a commercial cannabis business to operate within the City, until the State of California, or its respective department or division, reinstates or reissues the State license. Should the State of California, or any of its departments or divisions, revoke or terminate the license of a commercial cannabis business, such revocation or termination shall also revoke or terminate the ability of a commercial cannabis business to operate within the City of National City. A cannabis business owner wishing to recommence operations shall re -apply for a local permit at such time as it can demonstrate that the grounds for revocation of the license by the state no longer exist, or that the underlying deficiency has otherwise been cured. Section 9.60.380. Appeals. Unless specifically provided elsewhere to the contrary, whenever an appeal is provided for in this Chapter from a decision of the City Manager or his or her designee(s), the appeal shall be conducted as prescribed in this Chapter. Section 9.60.390. Written Request for Appeal. (a) Within ten (10) calendar days after the date of a decision of the City Manager or his/her designee(s) to revoke, suspend or deny a permit, or to add conditions to a permit, an applicant may appeal such action by filing a written appeal with the City Clerk setting forth the reasons why the decision was not proper. Reasons shall be stated with specificity. (b) At the time of filing the appellant shall pay the designated appeal fee, established by resolution of the City Council. 35 Page 35 of 42 550 of 696 Attachment 2 Section 9.60.400. Appeal Hearing Process. (a) Upon receipt of the written appeal, the City Clerk shall schedule the matter for a hearing before a hearing officer. (b) The appeal shall be set within a reasonable time after the date of receipt of the written appeal, but in no event shall be set later than thirty (30) City working days from the date of the receipt of the written appeal. The hearing shall be held no later than ninety (90) City working days from the date of the receipt of the written appeal. The City shall notify the appellant of the time and location at least ten (10) days prior to the date of the hearing. The appellant can waive the right to have their appeal set no later than thirty (30) City working days and/or held no later than ninety (90) City working days from the date of the receipt of the written appeal. (c) At the hearing, the appellant may present any information they deem relevant to the decision appealed. The formal rules of evidence and procedure applicable in a court of law shall not apply to the hearing. The applicant may have the assistance of counsel or may appear by counsel. (d) After the City Manager or his/her designee has presented the statement of facts upon which the determination was made, the burden to show that the action taken by the City Manager or his/her designee was not based on substantial evidence, or was arbitrary, capricious, or unjustified shall be upon the appealing party. (e) If the applicant, or counsel representing the applicant, fails to appear at the hearing, the appeal is abandoned and the action of the City Manager or his/her designee is final. (f) The hearing officer may uphold the denial, suspension, or revocation, may allow that which has been denied, reinstate that which has been suspended or revoked, reverse or modify any other decision of the City Manager or his/her designee that is the subject of the appeal. (g) If the decision of the hearing officer is to deny the appeal, then that decision shall be final and conclusive and shall constitute the exhaustion of the administrative remedy. (h) A copy of the written decision of the hearing officer specifying findings of fact and the reasons for the decision shall be given to the applicant or the designated representative and the City Manager or his/her designee within thirty (30) calendar days of the hearing. If the hearing officer determines the complexity of the case required additional time in which to render a decision, the time in which to render the decision is automatically extended another 36 Page 36 of 42 551 of 696 Attachment 2 thirty (30) calendar days. Service of the decision shall govern the commencement of any period of limitation for judicial review under Code of Civil Procedure Section 1094.6 or 1084.8, whichever is applicable. Section 9.60.420. Transfer of Cannabis Business Permit. (a) The owner of a cannabis business permit shall not transfer ownership or control of the permit to another person or entity unless and until the transferee obtains an amendment to the permit from the City Manager or his/her designee stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the City Manager or his/her designee in accordance with all provisions of this Chapter (as though the transferee were applying for an original cannabis business permit). The proposed transferee's application shall be accompanied by a transfer fee in an amount set by resolution of the City Council (or if not set, shall be the same amount as the application fee). The City Manager or his/her designee shall conduct a hearing to determine whether the transferee passed the background check required for permittees and meets all other requirements of this Chapter. Commercial cannabis business permits issued through the grant of a transfer by the City Manager or his/her designee shall be valid for a period of one year beginning on the day the City Manager or his/her designee approves the transfer of the permit. Before the transferee's permit expires, the transferee shall apply for a renewal permit in the manner required by this Chapter. (d) Changes in ownership of a permittee's business structure or a substantial change in the ownership of a permittee business entity (changes that result in a change of more than 51 % of the original ownership), must be approved by the City Manager or his/her designee through the transfer process contained in this subsection (a). Failure to comply with this provision is grounds for permit revocation. (e) A permittee may change the form of business entity without applying to the City Manager or his/her designee for a transfer of permit, provided that either: 1. The membership of the new business entity is substantially similar to original permit holder business entity (at least 51 % of the membership is identical), or 2. If the original permittee is an unincorporated association, mutual or public benefit corporation, agricultural or consumer cooperative corporation and subsequently transitions to or forms a new business 37 Page 37 of 42 552 of 696 Attachment 2 entity as allowed under the MAUCRSA and in compliance with Section 9.60.420, provided that the Board of Directors (or in the case of an unincorporated association, the individual(s) listed on the City permit application) of the original permittee entity are the same as the new business entity. Although a transfer is not required in these two circumstances, the permit holder is required to notify the City Manager in writing of the change within ten (10) days of the change. Failure to comply with this provision is grounds for permit revocation. No commercial cannabis business permit may be transferred when the City Manager or his/her designee has notified the permittee that the permit has been or may be suspended or revoked. Any attempt to transfer a commercial cannabis business permit either directly or indirectly in violation of this section is hereby declared void, and such a purported transfer shall be deemed a ground for revocation of the permit. Section 9.60.430. Change in location; updated permit application. (a) Any time the dispensing, cultivation, manufacturing, transportation and distribution location specified in the regulatory permit is changed, the applicant shall re -file a permit application with the City Manager or his/her designee(s) containing the updated information. The process and the fees for this re -registration shall be the same as the process and fees set forth for registration in Sections 9.60.420(c) and 9.60.160. (b) Within fifteen (15) calendar days of any other change in the information provided in the permit application form or any change in status of compliance with the provisions of this Chapter, including any change in the commercial cannabis business ownership or management members, the applicant shall file an updated permit application form with the City Manager or his/her designee(s) for review along with a application amendment fee, as set forth in Sections 9.60.420(c) and 9.60.160). Section 9.60.440. Promulgation of Regulations, Standards and Other Legal Duties. (a) In addition to any regulations adopted by the City Council, the City Manager or his/her designee is authorized to establish any additional rules, regulations and standards governing the issuance, denial or renewal of commercial cannabis business permits, the ongoing operation of commercial cannabis businesses and the City's oversight, or concerning 38 Page 38 of 42 553 of 696 Attachment 2 any other subject determined to be necessary to carry out the purposes of this Chapter. (b) Regulations may be published on the City's website. (c) Regulations promulgated by the City Manager shall become effective upon date of publication. Commercial cannabis businesses shall be required to comply with all state and local laws and regulations, including but not limited to any rules, regulations or standards adopted by the City Manager or his/her designee. (d) Testing Labs, Distribution facilities, Out of City Delivery Services and Special Events shall be subject to state law and shall be subject to additional City regulations as determined from time to time as more regulations are developed under Section 9.60.020 of this Chapter and any subsequent State of California legislation regarding the same. Section 9.60.450. Community Relations. (a) Each facility must provide the City Manager or designee with the name, telephone number, and email address of an on -site community relations or staff person or other representative to whom the city can provide notice if there are operating problems associated with the facility or refer members of the public who may have any concerns or complaints regarding the operation of the facility. Each facility must also provide the above information to all businesses and residences located within 100 feet of the facility. (b) During the first year of operation of a facility authorized under this Chapter, the owner, manager, and community relations representative from each such facility must attend a monthly meeting with the City Manager and Chief of Police and/or his/her designees to discuss costs, benefits and other community issues arising as a result of implementation of the Certificate of Approval authorized by this Chapter. After the first year of operation, the owner, manager, and community relations representative from each such facility must meet with the City Manager and the Chief of Police and/or his/her designees when and as requested by the City Manager or Chief of Police or his/her designees, with reasonable notice. Section 9.60.460. Fees Deemed Debt to the City of National City. The amount of any fee, cost or charge imposed pursuant to this Chapter shall be deemed a debt to the City of National City that is recoverable via an authorized administrative process as set forth in the City ordinance, or in any court of competent jurisdiction. 39 Page 39 of 42 554 of 696 Attachment 2 Section 9.60.470. Responsibility for Violations. All Responsible persons pursuant to this Chapter shall be responsible for all violations of the laws of the State of California or of the regulations and/or the ordinances of the City of National City, whether committed by the property owner, permittee or any employee or agent of the property owner or permittee, which violations occur in or about the premises of the commercial cannabis business whether or not said violations occur within the permit holder's presence. Section 9.60.480. Inspection and Enforcement. (a) The City Manager, or his/her designee(s) charged with enforcing the provisions of the City of National City Municipal Code, or any provision thereof, may enter the location of a commercial cannabis business at any time, without notice, to check for compliance with all state and local laws and inspect the location of any commercial cannabis business as well as any recordings and records required to be maintained pursuant to this Chapter or under applicable provisions of State law. (b) It is unlawful for any responsible persons, to impede, obstruct, interfere with, or otherwise not to allow, the City to conduct an inspection, review or copy records, recordings or other documents required to be maintained by a commercial cannabis business under this Chapter or under state or local law. It is also unlawful for a person to conceal, destroy, deface, damage, or falsify any records, recordings or other documents required to be maintained by a commercial cannabis business under this Chapter or under state or local law. (c) The City Manager, or his/her designee(s) charged with enforcing the provisions of this Chapter may enter the location of a commercial cannabis business at any time during the hours of operation and without notice to obtain samples of the cannabis to test for public safety purposes. Any samples obtained by the City of National City shall be logged, recorded, and maintained in accordance with established procedures by the City of National City's City Manager or Chief of Police or these regulations. Section 9.60.490. Compliance with State Regulations. It is the stated intent of this Chapter to regulate commercial cannabis activity in the City of National City in compliance with all provisions MAUCRSA and any subsequent state legislation. 40 Page 40 of 42 555 of 696 Attachment 2 Section 9.60.500. Violations declared a public nuisance. Each and every violation of the provisions of this Chapter is hereby deemed unlawful and a public nuisance and may be enjoined civilly or administratively. In addition, and to the extent not expressly provided elsewhere in this code, it is unlawful and a misdemeanor to maintain a public nuisance. Section 9.60.510. Each violation a separate offense. Each and every violation of this Chapter shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the City of National City. Additionally, as a nuisance per se, any violation of this Chapter shall be subject to injunctive relief, any permit issued pursuant to this Chapter being deemed null and void, disgorgement and payment to the City for any monies unlawfully obtained, costs of abatement, costs of investigation, attorney fees, and any other relief or remedy available at law or in equity. The City of National City may also pursue any and all remedies and actions available and applicable under state and local laws for any violations committed by the commercial cannabis business or persons related to, or associated with, the commercial cannabis activity. Section 9.60.520. Serious Violations Grounds for Immediate Suspension of License or Permit. The City shall retain the authority, pursuant to Chapter 1.12, to address serious violations that rise to the level of posing an imminent threat to the public health, safety or welfare of the City, by immediately suspending the commercial cannabis license or permit issued by the City with a stop order. Such action by the City may be appealed pursuant to Sections 9.60.380 to 9.60.400 of this Chapter. Section 9.60.530. Criminal Penalties. Each and every violation of the provisions of this Chapter may in the discretion of the District Attorney or City Attorney be prosecuted as a misdemeanor and upon conviction be subject to a fine not to exceed one thousand dollars ($1,000) or imprisonment in the County jail for a period of not more than twelve (12) months, or by both such fine and imprisonment. Each day a violation is committed or permitted to continue shall constitute a separate offense. Section 9.60.540. Remedies cumulative and not exclusive. 41 Page 41 of 42 556 of 696 Attachment 2 (a) The remedies provided herein are not to be construed as exclusive remedies. The City is authorized to pursue any proceedings or remedies provided by law. (b) The city attorney may, in addition to, or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings for the abatement, removal, or enjoinment thereof, in any manner provided by law, 42 Page 42 of 42 557 of 696 ORDINANCE NO. 2020 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING CHAPTER 9.60 TO THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO THE REGULATION OF COMMERCIAL CANNABIS ACTIVITY WHEREAS, in 2012 City Council initially prohibited Cannabis as part of a land -use update; and WHEREAS, on January 19, 2016, City Council passed a ban on all commercial marijuana activity including cannabis cultivation, in anticipation of Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act; and WHEREAS, in 2017, SB94 passed which combined medical and adult recreational use cannabis state licensing and regulatory laws and became effective on January 1, 2018 but still allowed local authority to ban all medical and non -medical cannabis activity; and WHEREAS, on June 18, 2019 City Council authorized and directed staff to retain the services of HdL to assist with community outreach and the development of a cannabis ordinance, an application review process and cost recovery fees to allow commercial marijuana activity in the City of National City; and WHEREAS, 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; and WHEREAS, on September 17, 2019 HdL presented its initial findings to the City Council, after which direction was provided to staff to develop an ordinance that would allow up to three cannabis businesses through Development Agreements to be located in National City's industrial zone; and WHEREAS, from about October 16, 2019 through November 5, 2019 the City developed 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; and WHEREAS, on October 22, 2019 City staff hosted community workshops on Cannabis at the National City Public Library Community Room; and WHEREAS, on February 18, 2020 City Council further directed staff to 1.) establish a set Community Benefits fee rate of 5% of gross receipts for all cannabis businesses; 2.) expand 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 3.) and include consumption lounges as an allowable business type in the ordinance; and 1 Ordinance No. 2020 — NCMC Section 9.60 April 21, 2020 Commercial Cannabis 558 of 696 WHEREAS, this Ordinance establishes the general requirements for obtaining approval to operate a commercial cannabis business or engage in commercial marijuana activity within the City of National City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does ordain as follows: Section 1. Chapter 9.60 of the National City Municipal Code is hereby added to read as follows: Chapter 9.60 Commercial Cannabis Businesses Sections: Section 9.60.010. Purpose and Intent. Section 9.60.020. Legal Authority. Section 9.60.030. Cannabis Cultivation and Commercial Cannabis Activities Prohibited Unless Specifically Authorized by this Chapter. Section 9.60.040. Compliance with State and Local Laws. Section 9.60.050. Definitions. Section 9.60.060. Authorization to Engage in Commercial Cannabis Business. Section 9.60.070. Location and Design of Cannabis Businesses. Section 9.60.080. Maximum Number and Type of Authorized Commercial Cannabis Businesses Permitted. Section 9.60.090. Fees and Charges. Section 9.60.100. Development Agreement. Section 9.60.110. Evidence of Cannabis Owner(s), Representative(s) and Employee(s) Background Check Required. Section 9.60.120. Persons Prohibited from Holding a Commercial Cannabis License. Section 9.60.130. Persons Prohibited from Employment by a Commercial Cannabis Business. 2 Ordinance No. 2020 — NCMC Section 9.60 April 21, 2020 Commercial Cannabis 559 of 696 Section 9.60.140. Section 9.60.150. Section 9.60.160. Section 9.60.180. Certification from the Community Development Department. Right to Occupy and to Use Property. Application Procedure for a Cannabis Business Permit. Operations Plan and Standards. Section 9.60.190. Limitations on City's Liability. Section 9.60.200. Restriction on Alcohol & Tobacco Sales. Section 9.60.225. Restriction on Consumption of Cannabis or other Substances Section 9.60.230. General Operating Requirements for all Commercial Cannabis Businesses. Section 9.60.240. Section 9.60.250. Facilities. Section 9.60.260. Facilities. Section 9.60.265. Section 9.60.270. Section 9.60.275. Section 9.60.280. Operation. Section 9.60.290. Additional Operating Requirements for Distributors. Section 9.60.300. Additional Operating Requirements for Testing Labs. Amendments to General Operating Requirements. Additional Operating Requirements for Store Front Retail Additional Operating Requirements for Non -Store Front Retail Operating Requirements for Consumption Lounges. In -City Delivery Vehicle Requirements. Out -of -City Delivery Vehicle Requirements. Additional Operating Requirements for a Cultivation Facility Section 9.60.310. Additional Operating Requirements for Cannabis Manufacturing: Edibles and Other Cannabis Products; Sale or Distribution of Edible and Other Cannabis Products. Section 9.60.320. Additional Operating Requirements for a Microbusiness- Cultivation Facility. Section 9.60.330. Permissible Delivery Locations and Customers. Section 9.60.340. Expiration of Commercial Cannabis Business Permits. 3 Ordinance No. 2020 — NCMC Section 9.60 April 21, 2020 Commercial Cannabis 560 of 696 Section 9.60.350. Renewal of Cannabis Business Permits. Section 9.60.360. Revocation or Suspension of Permits. Section 9.60.370. Effect of State License Suspension, Revocation, or Termination. Section 9.60.380. Appeals. Section 9.60.390. Written Request for Appeal. Section 9.60.400. Appeal Hearing Process. Section 9.60.420. Transfer of Cannabis Business Permit. Section 9.60.430. Change in location; updated permit application. Section 9.60.440. Promulgation of Regulations, Standards and Other Legal Duties. Section 9.60.450. Community Relations. Section 9.60.460. Fees Deemed Debt to the City of National City. Section 9.60.470. Responsibility for Violations. Section 9.60.480. Inspection and Enforcement. Section 9.60.490. Compliance with State Regulations. Section 9.60.500. Violations declared a public nuisance. Section 9.60.510. Each violation a separate offense. Section 9.60.520. Serious Violations Grounds for Immediate Suspension of License or Permit. Section 9.60.530. Criminal Penalties. Section 9.60.540. Remedies cumulative and not exclusive. Section 9.60.010. Purpose and Intent. It is the purpose and intent of this Chapter to implement the provisions of the Medicinal and Adult Use Cannabis Regulation and Safety Act ("MAUCRSA") to accommodate the needs of medically -ill persons in need of cannabis for medicinal purposes as recommended by their health care provider(s), and to provide access to same. It is also 4 Ordinance No. 2020 — NCMC Section 9.60 April 21, 2020 Commercial Cannabis 561 of 696 the purpose and intent of this Chapter to provide access to adult -use cannabis for persons aged 21 and over as authorized by the Control, Tax & Regulate the Adult Use Cannabis Act ("AUMA" or "Proposition 64" approved by California voters in 2016), while imposing sensible regulations on the use of land to protect the City's residents, neighborhoods, and businesses from disproportionately negative impacts. As such, it is the purpose and intent of this Chapter to regulate the cultivation, processing, manufacturing testing, sale, delivery, distribution and transportation of cannabis and cannabis products in a responsible manner to protect the health, safety, and welfare of the residents of the City of National City and to enforce rules and regulations consistent with state and local law. operators to obtain and renew annually a commercial cannabis business permit to operate within the City of National City. Nothing in this Chapter is intended to authorize the possession, use, or provision of cannabis for purposes that violate state or local law. The provisions of this Chapter are in addition to any other permits, licenses and approvals which may be required to conduct business in the City, and are in addition to any permits, licenses and approval required under state, City, or other law. Section 9.60.020. Legal Authority. Pursuant to Sections 5 and 7 of Article XI of the California Constitution, the provisions of the Medicinal and Adult Use Cannabis Regulation and Safety Act (hereinafter "MAUCRSA"), and any subsequent state legislation and/or regulations regarding same, the City of National City is authorized to adopt ordinances that establish standards, requirements and regulations for the licensing and permitting of commercial cannabis activity. Any standards, requirements, and regulations regarding health and safety, security, and worker protections established by the State of California, or any of its departments or divisions, shall be the minimum standards applicable in the City of National City to all commercial cannabis activity. Section 9.60.030. Cannabis Cultivation and Commercial Cannabis Activities Prohibited Unless Specifically Authorized by this Chapter. Except as specifically authorized in this Chapter, the commercial cultivation, manufacture, processing, storing, laboratory testing, labeling, sale, delivery, distribution or transportation (other than as provided under Bus. & Prof. Code Section 2609O(e)), of cannabis or cannabis product is expressly prohibited in the City of National City. Section 9.60.040. Compliance with State and Local Laws. It is the responsibility of the owners and operators of the commercial cannabis business, or any other responsible person(s), to ensure that it is, always, operating in a manner compliant with all applicable state and local laws, and any regulations promulgated thereunder. Nothing in this Chapter shall be construed as authorizing any actions that violate state law or local law with respect to the operation of a commercial cannabis business. It shall be the responsibility of the owners and the operators of the commercial cannabis business, or any other responsible person(s), to ensure that the commercial 5 Ordinance No. 2020 — NCMC Section 9.60 April 21, 2020 Commercial Cannabis 562 of 696 cannabis business is, at all times, operating in a manner compliant with all applicable state and local laws, including the Medicinal and Adult Use Cannabis Regulation and Safety Act ("MAUCRSA"), and any subsequently enacted state or local law or regulatory, licensing, or certification requirements, and any specific, additional operating procedures or requirements which may be imposed as conditions of approval of the commercial cannabis business permit. Section 9.60.050. Definitions. All definitions pertaining to cannabis regulation that appear in Business and Professions Code Section 26001, as codified by Senate Bill 94, the Medical and Adult Use Cannabis Regulation and Safety Act of 2017 (MAUCRSA), are hereby incorporated by reference. Definitions appearing in this ordinance are either those that are not covered by state law, pre -date Proposition 64 and the MAUCRSA, or are outside the scope of Section 26001. (a) "Adult Use" means the use of cannabis for recreational purposes by persons 21 years of age or older. (b) "Canopy" shall have the same meaning as that appearing in Title 3, Section 8O00(f) of the California Code of Regulations. (c) "Caregiver" or "primary caregiver" has the same meaning as that term is defined in Section 11362.7 of the California Health and Safety Code. (d) "Distributor" shall have the same meaning as that appearing in Section 26070 of the Business and Professions Code. (e) "Commercial cannabis business" means any business or operation which engages in medicinal or adult -use commercial cannabis activity. (f) "Commercial cannabis business permit" means a regulatory permit issued by the City of National City pursuant to this Chapter, to a commercial cannabis business and is required before any commercial cannabis activity may be conducted in the City. The initial permit and annual renewal of a commercial cannabis business is made expressly contingent upon the business' ongoing compliance with all of the requirements of this Chapter, any regulations adopted by the City governing the commercial cannabis activity at issue, and any other state and local laws and regulations. (g) "Consumption lounge" means an area that is part of the premises of a state -licensed, locally permitted commercial cannabis retail business, and that is designated for consumption of cannabis or cannabis products. (h) "Dispensing" means any activity involving the retail sale of cannabis or cannabis products from a retailer. (i) "Electronic Smoking Device" means an electronic device that can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such a device, whether or not sold separately. "Electronic Smoking Device" includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor. "Electronic Smoking Device" also includes cartridges, cartomizers, e-liquid, smoke juice, tips, atomizers, Electronic Smoking Device batteries, Electronic Smoking Device 6 Ordinance No. 2020 — NCMC Section 9.60 April 21, 2020 Commercial Cannabis 563 of 696 charges, and any other item specifically designed for the preparation, charging, or use of Electronic Smoking Devices. (j) "Limited -access area" means an area in which cannabis is stored or held and is only accessible to some licensee and authorized personnel. (k) "Manufactured cannabis" means raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, extraction or other manufactured product intended for internal consumption through inhalation or oral ingestion or for topical application. (I) "Manufacturing site" means a location that produces, prepares, propagates, or compounds cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and is owned and operated by a person issued a valid commercial cannabis business permit for manufacturing from the City of National City and, a valid state license as required for manufacturing of cannabis products. (m) "Microbusiness" shall have the same meaning as that contained in Section 26070(a)(3) of the Business and Professions Code. (n) "Non-volatile solvent" means any solvent used in the extraction process that is not a volatile solvent as defined by state law. For purposes of this chapter, a nonvolatile solvent includes carbon dioxide (CO2) used for extraction and ethanol used for extraction or post -extraction processing. (o) "Package" means any container or receptacle used for holding cannabis or cannabis products. (p) "Patient" or "qualified patient" shall have the same definition as California Health and Safety Code Section 11362.7 et seq., as it may be amended, and which means a person who is entitled to the protections of California Health & Safety Code Section 11362.22. (q) "Person with an identification card" shall have the meaning given that term by California Health and Safety Code Section 11362.7. (r) "Processing" means a cultivation site that conducts only trimming, drying, curing, grading, packaging, or labeling of cannabis and non -manufactured cannabis products. (s) "Responsible person(s)" shall include but not be limited to a property owner, tenant, manager, permit holder, or any other person with a legal interest in the affected real property and any person in possession of the affected real property. (t) "Retailer" shall have the same meaning as the definition appearing in Section 26070(a)(1) of the Business and Professions Code. (u) "State license" means a permit or license issued by the State of California, or one of its departments or divisions, under MAUCRSA and any subsequent State of California legislation regarding the same to engage in commercial cannabis activity. A state license alone will not authorize the holder to operate a cannabis business, as state law also requires a permit or other authorization issued by a local jurisdiction. (v) "THC" means Tetrahydrocannabinol, the primary active ingredient in cannabis. It is a psychotropic intoxicant causing euphoria and capable of altering human perception and motor skills. (x) "Topical cannabis" means a product intended for external application and/or absorption through the skin. A topical cannabis product is not 7 Ordinance No. 2020 — NCMC Section 9.60 April 21, 2020 Commercial Cannabis 564 of 696 considered a drug as defined by Section 109925 of the California Health and Safety Code. (y) "Transport" means the transfer of cannabis products from the permitted business location of one licensee to the permitted business location of another licensee, for the purposes of conducting commercial cannabis activity authorized by MAUCRSA which may be amended or repealed by any subsequent State of California legislation regarding the same. Transport can only be performed by licensed distributors and does not include deliveries of cannabis or cannabis products. (z) "Vape cartridge" means a small attachment to a cannabis e-cigarette or vape pen that is a pre -filled container of cannabis oil. Vape cartridges are sold pre -filled with cannabis concentrates which contain cannabis' active ingredients. The liquid in such products usually contains a propylene glycol or vegetable glycerin -based liquid with flavoring and other chemicals and metals. Many vape cartridges are high in THC, but some contain cannabidiol (CBD, a non -psychoactive cannabinoid used as an analgesic), or terpenes (the chemicals that give cannabis its flavorful tastes and aromas). (aa) "Vaping" means the action or practice of inhaling and exhaling the vapor produced by an electronic cigarette or similar device. (bb) "Volatile solvent" means a solvent as defined by Health and Safety Code Section 11362.3(b)(3) as of the effective date of this article and as subsequently amended. (cc) "Youth center" means any public or private facility that is primarily used to host recreation or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades where 10 or more video games or game machines or devices are operated, and where minors are legally permitted to conduct business, or similar amusement park facilities. It shall also include a park, playground or recreational area specifically designed to be used by children which has play equipment installed, including public grounds designed for athletic activities such as baseball, softball, soccer, or basketball or any similar facility located on a public or private school grounds, or on City, county or state parks. This definition shall not include any private martial arts, yoga, ballet, music, art studio or similar studio of this nature nor shall it include any private gym, athletic training facility, pizza parlor, dentist office, doctor's office primarily serving children or a location which is primarily utilized as an administrative office or facility for youth programs or organizations. Section 9.60.060. Authorization to Engage in Commercial Cannabis Business. (a) No person may engage in any authorized commercial cannabis business or in any commercial cannabis activity within the City of National City including cultivation, manufacture, processing, laboratory testing, transporting, dispensing, distribution, or sale of cannabis or a cannabis product unless the person has the following: 8 Ordinance No. 2020 — NCMC Section 9.60 April 21, 2020 Commercial Cannabis 565 of 696 (1) a valid commercial cannabis business permit issued by the City of National City; (2) a valid business license issued by the City of National City; (3) a mandatory building inspection and all required permits and approvals which would otherwise be required for any business of the same size and intensity operating in that zone. This includes but is not limited to obtaining any required building permit(s), the National City Fire Department approvals, Health Department approvals and other zoning and land use permit(s) and approvals. (4) a valid state license for the commercial cannabis activity corresponding to the business permit issued by the City of National City; (5) requisite approvals from the Planning Division of the National City Community Development Department; (6) a valid development agreement jointly negotiated with the City; (7) a valid State of California Seller's Permit. (b) No permit shall be issued pursuant to this Chapter for outdoor commercial cannabis cultivation, which is prohibited. It is a violation of this Chapter for any person or entity to engage in any outdoor commercial cannabis cultivation of any kind. Section 9.60.070. Location and Design of Cannabis Businesses. Cannabis businesses permitted by the City to engage in Cultivation, Distribution, Manufacturing, Microbusiness, Testing Labs, or Retail ancillary to the primary activity of the business, for cannabis and cannabis products are subject to the following zoning and locational requirements: (a) Cultivation, Distribution, Testing Laboratories and Microbusinesses must be zoned in the following: IL (Light Industrial), IM (Medium Industrial), IH (Heavy Industrial) and must meet all of the requirements for development in these zones (see Section 18.20.020, National City Municipal Code). The cannabis businesses must also meet all of the following distance requirements: (1) It shall be no closer than six hundred (600) feet from any zoned parcel in the City designated by state law as a sensitive use, and pursuant to Section 9.60.070 (a) (3). The distance measured shall be the horizontal distance measured in a straight line from the property line of those parcels in Section 9.60.070 (a) (3) to the closest property line of the lot on which the cannabis business is located. (2) It shall be no closer than two hundred fifty (250) feet of any residentially zoned parcel in the City as of the date the cannabis business permit is issued. The distance between the cannabis business and the residential parcel shall be measured from the outer boundaries of the residential 9 Ordinance No. 2020 — NCMC Section 9.60 April 21, 2020 Commercial Cannabis 566 of 696 (3) parcel to the first structure on the property seeking the commercial cannabis permit. It shall be no closer than six hundred (600) feet from any parcel containing any of the following: A. A school providing instruction in kindergarten or any grades 1 through 12, (whether public or private, or charter, including pre-school, transitional kindergarten, and K-12); B. A commercial daycare center licensed by the State, County or City or that is in existence at the time the license is issued, unless the State licensing authority or the City specifies a different radius. C. A youth center that is in existence at the time the license is issued, unless the State licensing authority or the City specifies a different radius. (b) Consumption lounges must be zoned in the following: CT (Tourist Commercial) West of Interstate 5 and must meet all of the requirements for development in these zones (see Section 18.20.020, National City Municipal Code). They must also comply with the buffer zone requirements contained in 9.60.070(a). (c) Each proposed cannabis business project shall: (1) Conform with the City's general plan, any applicable specific plans, master plans, and design requirements. (2) Comply with all applicable zoning and related development standards. (3) Be constructed in a manner that minimizes odors to surrounding uses, and promotes quality design and construction, and consistency with the surrounding properties. (4) Be adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and all items required for the development. (5) Be served by highways adequate in width and improved as necessary to carry the kind and quantity of traffic such use will generate. (6) Be provided with adequate electricity, sewerage, disposal, water, fire protection and storm drainage facilities for the intended purpose. 10 Ordinance No. 2020 — NCMC Section 9.60 April 21, 2020 Commercial Cannabis 567 of 696 Section 9.60.080. Maximum Number and Type of Authorized Commercial Cannabis Businesses Permitted. (a) The number of each type of commercial cannabis business that shall be permitted to operate in the City shall be established by resolution by the City Council. (b) Section 9.60.080 is only intended to create a process in determining the maximum number of commercial cannabis businesses that may be issued permits to operate in the City under each category. Nothing in this Chapter creates a mandate that the City Council must issue any or all of the commercial cannabis business permits if it is determined that the applicants do not meet the standards which are established in the application requirements, or by further amendments to the application process, or if the City Council upon further deliberation determines that the issuance of any or all commercial cannabis business permits will negatively impact the public safety, welfare or other public policy concerns. (c) Each year following the City Council's initial award of permits, if any, or at any time in the City Council's discretion, the City Council may reassess the number of commercial cannabis business permits which are authorized for issuance. The City Council at its discretion, may determine that the number of commercial cannabis permits should stay the same, or be expanded. Section 9.60.090. Fees and Charges. (a) No person may commence or continue any commercial cannabis activity in the City, without timely paying in full all fees and charges required for the operation of a commercial cannabis activity. Fees and charges associated with the operation of a commercial cannabis activity shall be established by resolution of the City Council which may be amended from time to time. (b) All commercial cannabis businesses authorized to operate under this Chapter shall pay all sales, use, business and other applicable taxes, and all license, registration, and other fees required under federal, state and local law. Each commercial cannabis business shall cooperate with the City with respect to any reasonable request to audit the commercial cannabis business' books and records for the purpose of verifying compliance with this section, including but not limited to a verification of the amount of taxes required to be paid during any period. Section 9.60.100. Development Agreement. Prior to operating in the City and as a condition of issuance of a regulatory permit, the operator of each cannabis facility shall enter into a Development Agreement with the City setting forth the terms and conditions under which the cannabis facility will operate that 11 Ordinance No. 2020 — NCMC Section 9.60 April 21, 2020 Commercial Cannabis 568 of 696 are in addition to the requirements of this Chapter, including, but not limited to, public outreach and education, community service, payment of fees and other charges as mutually agreed, and such other terms and conditions that will protect and promote the public health, safety and welfare. Section 9.60.110. Evidence of Cannabis Owner(s), Representative(s) and Employee(s) Background Check Required. (a) Pursuant to California Penal Code Sections 11105(b)(11) and 13300(b)(11), which authorize city authorities to access state and local criminal history information for employment, licensing, or certification purposes, and authorize access to federal level criminal history information by transmitting fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation, every applicant for a Certificate of Approval (including owners and other representatives of the applicant) and every person to be employed at the facility must submit fingerprints and other information deemed necessary by the Chief of Police or his/her designee(s) for a background check by the National City Police Department. A fee for the cost of the background investigation, which shall be the actual cost to the City of National City to conduct the background investigation as it deems necessary and appropriate, including City staff time and costs, shall be paid at the time the person submits for the background check. (b) The criminal background check must at a minimum identify the following: 1) Whether the individual applying for employment has ever been convicted of a violent felony as defined by California Penal Code 667.5, or equivalent offenses in other states; 2) Whether the individual applying for employment has ever been convicted of a crime involving dishonesty, fraud or deceit, including but not limited to fraud, forgery, theft, or embezzlement as those offenses are defined in California Penal Code Sections 186.11, 470, 484, and 504a, respectively; or equivalent offenses in other states; or 3) Whether the individual applying for employment has ever been convicted of the illegal use, possession, transportation, distribution or similar activities related to controlled substances, as defined in the Federal Controlled Substances Act, not including cannabis -related offenses for which the conviction occurred after the passage of the Compassionate Use Act of 1996. (c) Evidence of a conviction of any the offenses enumerated in Section 9.60.110(b) shall be grounds for denial of employment. 12 Ordinance No. 2020 — NCMC Section 9.60 April 21, 2020 Commercial Cannabis 569 of 696 (d) Violation of this section shall be grounds for immediate suspension of the business' operating permit. The business operator shall have the right to an appeal pursuant to section 9.60.380. Section 9.60.120. Persons Prohibited from Holding a Commercial Cannabis License. (a) Any person, including but not limited to any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit ("applicant"), in which any of the following actions or notices have been issued for non-compliance or if they have been engaging or have engaged in the following activity, shall be prohibited from holding a cannabis commercial license or a cannabis business permit in the City of National City: (1) The applicant has had a license suspended or revoked by any City, county, City and county or any other state cannabis licensing authority; (2) Evidence that the applicant is delinquent in payment of federal, state or local taxes and/or fees; (3) Applicant was conducting (or has conducted) commercial cannabis activity in the City of National City in violation of local and/or state law. (4) If any person enters into either a verbal or written agreement to lease, sublease, or any other agreement for any terms of use of the premises granted by a property owner, commercial broker or any third party, that is in violation of Section 9.60.060 and Section 9.60.150. Any such lease, sublease or agreement shall not contain terms or conditions requiring the cannabis permit licensee to pay the property owner, commercial broker, or any third party a percentage of gross receipts, royalties, equity, or other unreasonable compensation as determined by the City. In addition, all leases, subleases, or other agreements must be based on a monthly rate. Section 9.60.130. Persons Prohibited from Employment by a Commercial Cannabis Business. (a) Any person, including but not limited to any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, in which any of the following actions or notices have been issued for non-compliance or if they have been engaging or have engaged in the following activity, shall be prohibited from employment with a cannabis business permittee in the City of National City: 13 Ordinance No. 2020 — NCMC Section 9.60 April 21, 2020 Commercial Cannabis 570 of 696 (1) The person has had a license suspended or revoked by any City, County, or City and County, or any other state cannabis licensing authority; (2) Evidence that the person is delinquent in payment of federal, state or local taxes and/or fees. (3) The person was conducting commercial cannabis activity in the City of National City in violation of local and/or state law. Section 9.60.140. Certification from the Community Development Department. Prior to submitting any applications for a commercial cannabis business, applicant must first obtain a certification from the Community Development Department or his/her designee(s) certifying that the business is located on a site that meets all of the requirements of Sections 9.60.070 and 9.60.230 of this Chapter. Section 9.60.150. Right to Occupy and to Use Property. Prior to submitting any applications for a commercial cannabis business, applicant must obtain approval from the owner of the real property where the proposed commercial cannabis business will be located (if approved). Applicants are not required to have a signed lease, but a letter from the property owner indicating that: a. The property owner is aware of and approves of the use being proposed b. The property owner will lease the property to the cannabis related use upon approval of the application. c. The property owner understands that licenses for cannabis related uses are for one year and can be revoked at the City's sole discretion with or without reason. Property owners are permitted to issue letters detailing such contingent lease agreements for a maximum of two (2) independent applicants. In the event the proposed location will be leased from the property owner, the applicant shall be required to provide a signed and notarized statement from the owner of the property, acknowledging that the property owner has read this Chapter and consents to the operation of the commercial cannabis business on the owner's property. Section 9.60.160. Application Procedure for a Cannabis Business Permit. (a) The City will establish by administrative policies and procedures promulgated by the City Manager or his/her designee the procedures to prepare the necessary forms, adopt any necessary rules related to the 14 Ordinance No. 2020 — NCMC Section 9.60 April 21, 2020 Commercial Cannabis 571 of 696 application process, solicit applications, and conduct initial evaluations of the applicants. (b) At the time of filing, each applicant shall pay an application fee established by resolution of the City Council, to cover all costs incurred by the City in the application process. (c) The application procedure process shall include a component on community benefits. Any community benefits that a commercial cannabis business agrees to provide shall be incorporated into the terms and conditions under which the commercial cannabis business will operate with the City's approval, if and when a Development Agreement is issued. Such terms and conditions shall be in addition to the requirements of this Chapter. The City may establish the procedures for determining community benefits by Resolution and/or by the implementation of administrative policies and procedures promulgated by the City Manager. (d) The City's Reservation of Rights. The City reserves the right to reject any or all applications. Prior to permit issuance, the City may also modify, postpone, or cancel any request for applications, or the entire program under this Chapter, at any time without liability, obligation, or commitment to any party, firm, or organization, to the extent permitted under California state law. Persons submitting applications assume the risk that all or any part of the program, or any particular category of permit potentially authorized under this Chapter, may be cancelled at any time prior to permit issuance. The City further reserves the right to request and obtain additional information from any candidate submitting an application. (e) Grounds for Rejection of Application. In addition to a failure to comply with other requirements in this Chapter, an application risks being rejected for any of the following reasons: (1) The application was received after the designated time and date of the deadline. (2) The application did not contain the required elements, exhibits, or was not organized in the required format. (3) The application was considered not fully responsive to the request for a permit application, i.e. was substantially incomplete. Section 9.60.180. Operations Plan and Standards. 15 Ordinance No. 2020 — NCMC Section 9.60 April 21, 2020 Commercial Cannabis 572 of 696 A Certificate of Approval issued by the Planning Department for a facility must include, as conditions of approval, the post -permitting operating requirements for the individual license types set forth in this ordinance. In addition Section 9.60.190. Limitations on City's Liability. To the fullest extent permitted by law, the City of National City shall not assume any liability whatsoever with respect to having issued a commercial cannabis business permit pursuant to this Chapter or otherwise approving the operation of any commercial cannabis business. As a condition to the approval of any commercial cannabis business permit, the applicant shall be required to meet all of the following conditions before they can receive the commercial cannabis business permit: (a) Execute an agreement, in a form approved by the City Attorney, agreeing to indemnify, defend (at applicant's sole cost and expense), and hold the City of National City, and its officers, officials, employees, representatives, and agents, harmless, from any and all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to, the City 's issuance of the commercial cannabis business permit, the City 's decision to approve the operation of the commercial cannabis business or activity, the process used by the City in making its decision, or the alleged violation of any federal, state or local laws by the commercial cannabis business or any of its officers, employees or agents. (b) Maintain insurance at coverage limits, and with conditions thereon determined necessary and appropriate from time to time by the City Manager, City Attorney, and the City's Risk Manager. (c) Reimburse the City of National City for all costs and expenses, including but not limited to legal fees and costs and court costs, which the City of National City may be required to pay as a result of any legal challenge related to the City's approval of the applicant's commercial cannabis business permit, or related to the City's approval of a commercial cannabis activity. The City of National City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve any of the obligations imposed hereunder. Section 9.60.200. Restriction on Alcohol & Tobacco Sales. (a) No person shall cause or permit the sale, dispensing, or consumption of alcoholic beverages on or about the premises of the commercial cannabis business. (b) No person shall cause or permit the sale of tobacco products on or about the premises of the commercial cannabis business. Section 9.60.225. Restriction on Consumption of Cannabis or other Substances 16 Ordinance No. 2020 — NCMC Section 9.60 April 21, 2020 Commercial Cannabis 573 of 696 No person shall consume cannabis, cannabis products, tobacco or alcohol on the premises of any commercial cannabis business. The sole exception shall be authorized cannabis consumption lounges, at which the consumption of tobacco and alcohol shall also be prohibited. Section 9.60.230. General Operating Requirements for all Commercial Cannabis Businesses. (a) Commercial cannabis businesses may operate only during the hours specified in the commercial cannabis business permit issued by the City. No person under the age of 21 shall operate, maintain, be employed at, or be issued a permit for, a commercial cannabis business of any kind. (b) No cannabis or cannabis products or graphics depicting cannabis or cannabis products shall be visible from the exterior of any property issued a commercial cannabis business permit, or on any of the vehicles owned or used as part of the commercial cannabis business. No outdoor storage of cannabis or cannabis products is permitted at any time. (c) Reporting and Tracking of Product and of Gross Sales with an accounting software system capable of providing point of sale data as well as audit trails or both product and cash, where applicable. Each commercial cannabis business shall have in place a point -of -sale or management inventory tracking system to track and report on all aspects of the commercial cannabis business including, but not limited to, such matters as cannabis tracking, inventory data, gross sales (by weight and by sale) and other information which may be deemed necessary by the City. The commercial cannabis business shall ensure that such information is compatible with the City's record -keeping systems. In addition, the system must have the capability to produce historical transactional data for review. Furthermore, any system selected must be approved and authorized by the City Manager or his/her designee(s) prior to being used by the permittee. (d) All cannabis and cannabis products sold, distributed or manufactured shall be cultivated, manufactured, and transported by licensed facilities that maintain operations in full conformance with the State and local regulations. (e) Emergency Contact. Each commercial cannabis business shall provide the City Manager and the Chief of Police or his/her designee(s) with the name, telephone number (both land line and mobile, if available) of an on -site employee or owner to whom emergency notice can be provided at any hour of the day. (f) Signage and Notices. 17 Ordinance No. 2020 — NCMC Section 9.60 April 21, 2020 Commercial Cannabis 574 of 696 (1) In addition to the requirements otherwise set forth in this section, business identification signage for a commercial cannabis business shall conform to the requirements of the City of National City ordinance, Chapter 18.47, including, but not limited to, seeking the issuance of a City sign permit. (2) No signs placed on the premises of a commercial cannabis business shall obstruct any entrance or exit to the building or any window. (3) Each entrance to a commercial cannabis business shall be visibly posted with a clear and legible notice indicating that smoking, ingesting, or otherwise consuming cannabis on the premises or in the areas adjacent to the commercial cannabis business is prohibited. This provision shall not apply to consumption lounges (see Section 9.60.265). (4) Business identification signage shall be limited to that needed for identification only and shall not contain any logos or information that identifies, advertises, or lists the services or the products offered. No commercial cannabis business shall advertise by having a person holding a sign and advertising the business to passersby, whether such person is on the premises of the commercial cannabis business or elsewhere including, but not limited to, the public right-of-way. (5) Signage shall not depict any image of cannabis or cannabis products. No banners, flags, billboards or other prohibited signs may be used at any time. (6) In accordance with state law and regulations or as stipulated in the City of National City regulatory permit, holders of a commercial cannabis business permit shall agree that, as an express and ongoing condition of permit issuance and subsequent renewal, the holder of the permit shall be prohibited from advertising any commercial cannabis business located in the City of National City utilizing a billboard (fixed or mobile), bus shelter, placard, aircraft, or other similar forms of advertising. This paragraph is not intended to place limitations on the ability of a commercial cannabis business to advertise in other legally authorized forms, including on the internet, in magazines, or in other similar ways. (g) Minors. (1) Persons under the age of twenty-one (21) years shall not be allowed on the premises of a commercial cannabis business and shall not be allowed to serve as a driver for a mobile delivery service. It shall be unlawful and a violation of this Chapter for any person to employ any person at a commercial cannabis business who is not at least twenty- one (21) years of age. 18 Ordinance No. 2020 — NCMC Section 9.60 April 21, 2020 Commercial Cannabis 575 of 696 (2) Notwithstanding Section 9.60.230(g)(1), persons aged 18 to 20 years shall be allowed on the premises of a commercial cannabis business if they can produce a physician's recommendation. In that event, such persons can lawfully purchase cannabis for the sole purpose of addressing the medical need that is the subject of the physician's recommendation. This provision shall not apply to consumption lounges. Only persons 21 and older shall be granted admittance to consumption lounges. Access to persons under 21 is prohibited. (3) The entrance to the commercial cannabis business shall be clearly and legibly posted with a notice that no person under the age of twenty-one (21) years of age is permitted to enter upon the premises of the commercial cannabis business. (h) Odor Control. Odor control devices and techniques shall be incorporated in all commercial cannabis businesses to ensure that odors from cannabis are not detectable off -site. Commercial cannabis businesses shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the commercial cannabis business that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights -of -way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the commercial cannabis business. As such, commercial cannabis businesses must install and maintain the following equipment, or any other equipment which the City Manager or his/her designee(s) determine is a more effective method or technology: (i) (1) An exhaust air filtration system with odor control that prevents internal odors from being emitted externally; (2) An air system that creates negative air pressure between the commercial cannabis business's interior and exterior, so that the odors generated inside the commercial cannabis business are not detectable on the outside of the commercial cannabis business. Display of Permit and City Business License. The original copy of the commercial cannabis business permit issued by the City pursuant to this Chapter and the City issued business license shall be posted inside the commercial cannabis business in a location readily visible to the public. (j) Background Check. Pursuant to California Penal Code Sections 11105(b)(11) and 13300(b)(11), which authorizes City authorities to access state and local summary criminal history information for employment, licensing, or certification purposes; and authorizes access to 19 Ordinance No. 2020 — NCMC Section 9.60 April 21, 2020 Commercial Cannabis 576 of 696 federal level criminal history information by transmitting fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation, every person listed as an owner, manager, supervisor, employee, contract employee or who otherwise works in a commercial cannabis business must submit fingerprints and other information deemed necessary by the Chief of Police or his/her designee(s) for a background check by the City of National City Police Department. Pursuant to California Penal Sections 11105(b)(11) and 13300(b)(11), which requires that there be a requirement or exclusion from employment, licensing or certification based on specific criminal conduct on the part of the subject of the record. No person shall be issued a permit to operate a commercial cannabis business or a related work permit unless they have first cleared the background check, as determined by the Chief of Police or his/her designee(s), as required by this section. A fee for the cost of the background investigation, which shall be the actual cost to the City of National City to conduct the background investigation as it deems necessary and appropriate, shall be paid at the time the application for a commercial cannabis business permit is submitted. Evidence of a conviction of any of the offenses enumerated in Business and Professions Code Section 26057(b)(4), absent a Certificate of Rehabilitation, shall be grounds for immediate disqualification of the applicant. (k) Loitering. The owner and/or operator of a commercial cannabis business shall prohibit loitering by persons outside the facility both on the premises and within fifty (50) feet of the premises. The cannabis business shall notify the National City Police Department if anyone continues to loiter around the building or premises after all reasonable action has been taken to remove the individual(s) and the action has failed to do so in a timely manner. (I) Employee Training and Customer Education. Each commercial cannabis operator shall establish minimum training standards for all employees, including but not limited to the variety of products offered for sale, their potency, absorption time if known, and effects of the products. Employees shall educate all customers on these items in an effort to ensure responsible consumption. The retailer shall provide with each purchase educational brochures containing this information. The City Manager or Chief of Police shall have the discretion to require other training for the business operations as they find necessary under any circumstances. (m) Security Requirements. A permitted commercial cannabis business shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products, and to deter and prevent the theft of cannabis or cannabis products at the commercial cannabis business. Except as may otherwise be determined by the City Manager, Chief of Police or his/her designee(s), these security measures shall include, but may not be limited to, all of the following: 20 Ordinance No. 2020 — NCMC Section 9.60 April 21, 2020 Commercial Cannabis 577 of 696 (1) Alarm system (perimeter, fire, and panic buttons). (2)Remote monitoring of alarm systems by a security company licensed by the State of California Bureau of Security and Investigative Services. (3) Perimeter lighting systems (including motion sensors) for after-hours security. (4) Perimeter security and lightning as approved by the Chief of Police or the Community Development Department or his/her designee. (5) Preventing individuals from remaining on the premises of the commercial cannabis business if they are not engaged in an activity directly related to the permitted operations of the commercial cannabis business. (6) Establishing limited access areas accessible only to authorized commercial cannabis business personnel. (7) Except for live growing plants which are being cultivated at a cultivation operation, all cannabis and cannabis products shall be stored in a secured and locked vault or vault equivalent. All safes and vaults shall be compliant with Underwriter Laboratories burglary -resistant and fire-resistant standards. All cannabis and cannabis products, including live plants that are being cultivated, shall be kept in a manner as to prevent diversion, theft, and loss. (8) Installing 24-hour security surveillance cameras of at least HD -quality to monitor all entrances and exits to and from the premises, all interior spaces within the commercial cannabis business which are open and accessible to the public, all interior spaces where cannabis, cash or currency, is being stored for any period of time on a regular basis and all interior spaces where diversion of cannabis could reasonably occur. All cameras shall record in color. All exterior cameras shall be in weather-proof enclosures, shall be located so as to minimize the possibility of vandalism, and shall have the capability to automatically switch to black and white in low light conditions. Video recordings shall be maintained for a minimum of ninety (90) days and shall be made available to the City Manager or his/her designee(s) upon request. Video shall be of sufficient quality for effective prosecution of any crime found to have occurred on the site 21 Ordinance No. 2020 — NCMC Section 9.60 April 21, 2020 Commercial Cannabis 578 of 696 of the commercial cannabis business and shall be capable of enlargement via projection or other means. (9) Sensors shall be installed to detect entry and exit from all secure areas and shall be monitored in real time by a security company licensed by the State of California Bureau of Security and Investigative Services. (10) Panic buttons shall be installed in all commercial cannabis businesses with direct notification to the National City Police Department dispatch and shall be configured to immediately alert dispatch for the National City Police Department. (11) Any bars installed on the windows or the doors of the commercial cannabis business shall be installed only on the interior of the building in compliance with all federal, state and local laws. (12) Security personnel shall be on -site 24 hours a day or alternative security as authorized by the City Manager and Chief of Police or his/her designee(s) and must have a verified response security patrol when closed. Security personnel must be licensed by the State of California Bureau of Security and Investigative Services personnel and shall be subject to the prior review and approval of the City Manager or his/her designee(s) and the Chief of Police, with such approval not to be unreasonably withheld. Firearms may be carried by security personnel while they are on duty, if authorized by the San Diego County Sheriff's Department. (13) Each commercial cannabis business shall have the capability to remain secure during a power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage. (14) Entrance areas are to be locked at all times and under the control of a designated responsible party that is either; (a) an employee of the commercial cannabis business; or (b) a licensed security professional. (15) Each commercial cannabis business shall demonstrate to the Chief of Police, City Manager or their designees, compliance with the state's track and trace system for cannabis and cannabis products, as soon as it is operational. 22 Ordinance No. 2020 — NCMC Section 9.60 April 21, 2020 Commercial Cannabis 579 of 696 (16) Each commercial cannabis business shall have a professionally installed video surveillance system, access control and intrusion alarm systems designed to protect the inventory, facility, and employees. Each business shall have network security protocols that are certified by Underwriters Laboratories. (17) Exterior vegetation shall be planted, altered and maintained in a fashion that precludes its use as a hiding place for persons on the premises. (18) Emergency access and emergency evacuation plans that are in compliance with state and local fire safety standards. (19) Each commercial cannabis business shall identify a designated security representative/liaison to the City of National City, who shall be reasonably available to meet with the City Manager or the Chief of Police or his/her designee(s) regarding any security related measures or and operational issues. The designated security representative/liaison shall, on behalf of the commercial cannabis business, annually maintain a copy of the current security plan on the premises of the business, to present to the City Manager and Chief of Police or his/her designee upon request that meets the requirements of Section 9.60.23O(m). (20) As part of the application and permitting process each commercial cannabis business shall have a storage and transportation plan, which describes in detail the procedures for safely and securely storing and transporting all cannabis, cannabis products, any hazardous materials that may be used by the business, and any currency. (21) The commercial cannabis business shall cooperate with the City whenever the City Manager or Chief of Police or his/her designee(s) makes a request, with or without prior notice, to inspect or audit the effectiveness of any security plan or of any other requirement of this Chapter. (22) A commercial cannabis business shall notify the City Manager and the Chief of Police or his/her designee(s) within twenty-four (24) hours of discovering any of the following: (a) Significant discrepancies identified during inventory. The level of significance shall be determined by the regulations promulgated by 23 Ordinance No. 2020 — NCMC Section 9.60 April 21, 2020 Commercial Cannabis 580 of 696 the City Manager and the Chief of Police or his/her designee(s). (b) Diversion, theft, loss, or any criminal activity involving the commercial cannabis business or any agent or employee of the commercial cannabis business. (c) The loss or unauthorized alteration of records related to cannabis, customers or employees or agents of the commercial cannabis business. (d) Any other breach of security. (23) Compliance with the foregoing requirements shall be verified by the City Manager or his/her designee prior to commencing business operations. The City Manager or his/her designee may supplement these security requirements once operations begin, subject to review by the City Manager if requested by the business owner. (24) Retailers and microbusinesses authorized to conduct retail activities shall only serve customers who are within the licensed premises, or at a delivery address that meets the requirements of this division. (1) The sale and delivery of cannabis goods shall not occur through a pass -through window or a slide -out tray to the exterior of the premises. (2) Retailers or microbusinesses shall not operate as or with a drive-in or drive -through at which cannabis goods are sold to persons within or about a motor vehicle. (3) No cannabis goods shall be sold and/or delivered by any means or method to any person within a motor vehicle. (4) All cannabis goods sold by a retail business shall be contained in child -resistant packaging. (5) Retailers shall record point -of -sale areas and areas where cannabis goods are displayed for sale on the video surveillance system. At each point -of -sale location, camera placement must allow for the recording of the facial features of any person purchasing or selling cannabis goods, or any person in the retail area, with sufficient clarity to determine identity. A retail licensee or microbusiness licensee who is engaged in retail sale shall hire or contract for 24 Ordinance No. 2020 — NCMC Section 9.60 April 21, 2020 Commercial Cannabis 581 of 696 security personnel who are at least 21 years of age to provide security services for the licensed retail premises. All security personnel hired or contracted for by the licensee shall be licensed by the Bureau of Security and Investigative Services and shall comply with Chapters 11.4 and 11.5 of Division 3 of the Business and Professions Code. (n) Records and Recordkeeping. (1 Each owner and operator of a commercial cannabis business shall maintain accurate books and records in an electronic format, detailing all of the revenues and expenses of the business, and all of its assets and liabilities. On no less than an annual basis (at or before the time of the renewal of a commercial cannabis business permit issued pursuant to this Chapter), or at any time upon reasonable request of the City, each commercial cannabis business shall file a sworn statement detailing the number of sales by the commercial cannabis business during the previous twelve-month period (or shorter period based upon the timing of the request), provided on a per -month basis. The statement shall also include gross sales for each month, and all applicable taxes and fees paid or due to be paid. On an annual basis, each owner and operator shall submit to the City a financial audit of the business's operations conducted by an independent certified public accountant. Each permittee shall be subject to a regulatory compliance review and financial audit as determined by the City Manager or his/her designee(s). (2) Each owner and operator of a commercial cannabis business shall maintain a current register of the names and the contact information (including the name, address, and telephone number) of anyone owning or holding an interest in the commercial cannabis business, and separately of all the officers, managers, employees, agents and volunteers currently employed or otherwise engaged by the commercial cannabis business. The register required by this paragraph shall be provided to the City Manager or his/her designee(s) upon a reasonable request. (3) If an applicant operated a cannabis collective, cooperative, or other business prior to the enactment of MAUCRSA, then once a state license is obtained, the commercial cannabis business must maintain such records only to the extent permitted or required by MAUCRSA. (4) All commercial cannabis businesses shall maintain an inventory control and reporting system that accurately documents the present location, amounts, and descriptions of all cannabis and cannabis products for all stages of the growing and production or manufacturing, laboratory testing and distribution processes until purchase as set forth MAUCRSA. 25 Ordinance No. 2020 — NCMC Section 9.60 April 21, 2020 Commercial Cannabis 582 of 696 (5) Each commercial cannabis business shall allow the City of National City officials to have access to the business's books, records, accounts, together with any other data or documents relevant to its permitted commercial cannabis activities, for the purpose of conducting an audit or examination at any time during the business's business hours. If not otherwise available, books, records, accounts, and any and all relevant data or documents will be produced no later than twenty-four (24) hours after receipt of the City's request, unless otherwise stipulated by the City. The City may require the materials to be submitted in an electronic format that is compatible with the City's software and hardware. (o) Sale of Certain Items Prohibited. It shall be a violation of this Chapter for any commercial cannabis business to sell or offer for sale, possess, give, provide, or to possess with intent to sell or offer for sale, give or provide, any vape products including vape cartridges, flavored or unflavored, electronic cigarettes or other electronic smoking devices, or flavored tobacco products. All such sales or possession are strictly prohibited. Section 9.60.240. Amendments to General Operating Requirements. The City Manager or his/her designee may develop other commercial cannabis business operational requirements or regulations as are determined to be necessary to protect the public health, safety and welfare. Section 9.60.250. Additional Operating Requirements for Store Front Retail Facilities. (a) Retailers shall verify the age and all necessary documentation of each individual to ensure the customer is not under the age of eighteen (18) years. If the potential customer is 18 to 20 years old, retailer shall confirm the customer's possession of a valid doctor's recommendation and/or Health and Safety Code Section 11362.71 identification card (Medical Cannabis Card). For adult use or recreational purchases, retailers shall verify that all customers are 21 years of age or older for the purchase of cannabis or cannabis products. (1) Access to the premises of a retail licensee/permittee shall be limited to individuals who are at least 21 years of age. (2) Notwithstanding Section 9.60.250 (a)(1), individuals who are at least 18 years of age and in possession of a valid physician's recommendation shall be granted access to the premises of a retail licensee/permittee for the sole purpose of purchasing medicinal cannabis consistent with the physician's recommendation. (3) All individuals seeking access to the commercial cannabis retail business must show their government -issued identification, and, if appropriate, doctor's recommendation of Medical Cannabis card, in order to gain access into the retailer. These documents must also be 26 Ordinance No. 2020 — NCMC Section 9.60 April 21, 2020 Commercial Cannabis 583 of 696 shown at the point of sale station at the time of purchase. Doctor recommendations are not to be obtained or provided at the retail location. (b) Entrances into the retailer shall be locked at all times with entry strictly controlled. A "buzz -in" electronic/mechanical entry system shall be utilized to limit access to and entry to the retailer to separate it from the reception/lobby area. (c) Retailers may have only that quantity of cannabis and cannabis products to meet the daily demand readily available for sale on -site in the retail sales area of the retailer. Additional product may be stored in a secured, locked area to which customers, vendors, and visitors shall not have access. (d) All restroom facilities shall remain locked and under the control of management. (e) Limited Access Areas. A retailer shall establish limited -access areas and permit only authorized individuals to enter the limited -access areas. Authorized individuals include individuals employed by the retailer as well as any outside vendors, contractors, or other individuals conducting business that requires access to the limited access area. All individuals granted access to the limited access area shall be at least 21 years of age, and if not employed by the retailer, shall be escorted at all times by an employee of the licensee/permittee. A retailer shall maintain a log of all individuals who are not employees who are granted access to the limited access area. These logs shall be made available to the Chief of Police or the Development Services Director upon request. Microbusiness — Commercial Activity. All cultivation, manufacturing, distribution, and retail activities performed by a licensee under a Type 12- Microbusiness permit shall occur on the same licensed premises. Areas of the premises for manufacturing and cultivation shall be separated from the distribution and retail areas by a wall and all doors between the areas shall remain closed when not in use. (f) (g) Operating hours of the Store Front Retailer License shall be limited to the hours of 9:00 a.m. through 9:00 p.m., seven days a week. (h) Store Front/Retail Security Requirements. All provisions incorporated within Section 9.60.230(m) of this Chapter (Security Requirements), are directly applicable to and binding on all commercial cannabis businesses, including all Store Front/Retail businesses. Uniformed licensed security personnel shall be employed to monitor site activity, control loitering and site access, and to serve as a visual deterrent to unlawful activities. Security personnel may be allowed to carry firearms if authorized by San Diego County Sheriff's Department. 27 Ordinance No. 2020 — NCMC Section 9.60 April 21, 2020 Commercial Cannabis 584 of 696 Section 9.60.260. Additional Operating Requirements for Non -Store Front Retail Facilities. All Store Front Retailers, Non -Store Front Retailers (delivery) and Microbusinesses which conduct deliveries into or within the City of National City shall be required to obtain a delivery permit from the City of National City in order to conduct retail sales regardless if they are located in the City or another local jurisdiction. (a) Operating hours of the Non -Store Front Retailer License shall be limited to the hours of 9:00 a.m. through 9:00 p.m., seven days a week. (b) The commercial Non -Store Front Retailer shall only sell cannabis or cannabis products to a natural person 21 years of age or older, or a natural person 18 years of age or older who possesses a physician's recommendation for cannabis medical use only. The age and/or any necessary documentation including a valid doctor's recommendation of each medical customer shall be verified. Doctor recommendations are not to be obtained or provided at the retail location. (c) The commercial cannabis Non -Store Front Retailer may only have on -site that quantity of cannabis and cannabis products reasonably anticipated to meet the weekly demand for which they may need to be readily available for sale. Section 9.60.265. Operating Requirements for Consumption Lounges. (a) Any consumption lounge operating within the City of National City must be contained within the premises of a state -licensed retail business or microbusiness, must be locally permitted pursuant to Section 9.60.140, must meet the other requirements of this Chapter, and must be compliant with the following additional requirements: (1) Access to the area where cannabis consumption is allowed is restricted to persons 21 years of age or older. (2) Cannabis consumption is not visible from any public place or non -age - restricted area. (3) Sale or consumption of alcohol or tobacco is not allowed on the premises. (4) Patrons cannot bring cannabis, tobacco or alcohol or other substances into the consumption lounge — they can only consume whatever cannabis they purchase on site. (b) An applicant must obtain a secondary on -site consumption permit in order for cannabis to be consumed on the premises of an adult -use retail business and shall comply with the following 28 Ordinance No. 2020 — NCMC Section 9.60 April 21, 2020 Commercial Cannabis 585 of 696 (1) Cannabis consumption areas shall be well ventilated private areas of the retail establishment and are designed to prevent the flow of smoke to any other area of the establishment. (c) A commercial cannabis retail business with a retail lounge on its premises shall adopt procedures ensuring that its customers may only gain access to the lounge once they have purchased a product or products from the retail business. (d) Vaping is strictly prohibited. The possession or use of vape pens, electronic cigarettes, any type of electronic smoking device, or vape cartridges, both flavored and unflavored, on the premises of a consumption lounge shall be a violation of this Chapter. The on -site sale of food is permitted. A Permittee shall comply with laws governing Cannabis Businesses and retail food establishments, including but not limited to the California Retail Food Code. The owner/operator of the consumption lounge shall be responsible for maintaining dedicated and sufficient staff during operating hours to verify the identity and age of all patrons seeking admittance to the lounge. Persons under 21 shall be denied entry without exception. The owner/operator of the consumption lounge shall be responsible for ensuring that a state -licensed security guard is on duty during operating hours. The city manager or his/or designee shall establish conditions for approval for each onsite consumption permit including but not limited to a parking plan, ventilation plan, anti -drugged driving plan, design plan, and set hours of operation. Set hours of operation may only be adjusted by submitting a written request to and obtaining approval from city. (j) Cannabis consumption areas shall only provide cannabis to an individual in an amount consistent with personal possession and use limits allowed by the state. Section 9.60.270. In -City Delivery Vehicle Requirements. Prior to commencing delivery operations, any locally permitted cannabis retail operation shall provide the following information to the City: (a) Proof of ownership of the vehicle or a valid lease for all vehicles that will be used to deliver cannabis or cannabis products. 29 Ordinance No. 2020 — NCMC Section 9.60 April 21, 2020 Commercial Cannabis 586 of 696 (b) The year, make, model, color, license plate number, and numerical Vehicle Identification Number (VIN) for all vehicles that will be used to deliver cannabis goods. (c) Proof of insurance as required in Section 9.60.210(b) for any and all vehicles being used to deliver cannabis goods. (d) The licensee shall provide the City with any changes to the information required by this section in writing within thirty (30) calendar days. Section 9.60.275. Out -of -City Delivery Vehicle Requirements. Prior to commencing operations, a cannabis out of City delivery service shall comply with the following requirements: (a) Obtain from the City a permit authorizing the delivery of cannabis and cannabis products within the City limits. A copy of this permit shall be retained by all drivers. (b) The retail business operating the delivery service shall provide the City Manager with evidence of a valid state license for a commercial cannabis business on whose authorization the delivery service is performing the delivery function. (c) The retail business operating the delivery service shall furnish to the City Manager the year, make, model, color, license plate number, and numerical Vehicle Identification Number (VIN) for any and all vehicles that will be used to deliver cannabis goods. Section 9.60.280. Additional Operating Requirements for a Cultivation Facility Operation. (a) Outdoor Commercial Cultivation is prohibited. (b) In no case, shall cannabis plants be visible from a public or private road, sidewalk, park or any common public viewing area. (c) Cannabis cultivation shall be conducted in accordance with state and local laws related to land conversion, grading, electricity, water usage, water quality, woodland and riparian habitat protection, agricultural discharges, and similar matters. (d) Pesticides and fertilizers shall be properly labeled and stored to avoid contamination through erosion, leakage or inadvertent damage from pests, rodents or other wildlife. 30 Ordinance No. 2020 — NCMC Section 9.60 April 21, 2020 Commercial Cannabis 587 of 696 (e) The cultivation of cannabis shall at all times be operated in such a way as to ensure the health, safety, and welfare of the public, the employees working at the commercial cannabis business, visitors to the area, neighboring properties, and the end users of the cannabis being cultivated, to protect the environment from harm to streams, fish, and wildlife; to ensure the security of the cannabis being cultivated; and to safeguard against the diversion of cannabis. (f) All applicants for a cannabis cultivation permit shall submit to the following in addition to the information generally otherwise required for a commercial cannabis business: (1) A cultivation and operations plan that meets or exceeds minimum legal standards for water usage, conservation and use; drainage, runoff, and erosion control; watershed and habitat protection; and proper storage of fertilizers, pesticides, and other regulated products to be used on the parcel, and a description of the cultivation activities and schedule of activities during each month of growing and harvesting, or explanation of growth cycles and anticipated harvesting schedules for all -season harvesting. (2) A description of a legal water source, irrigation plan, and projected water use. (3) Identification of the source of electrical power and plan for compliance with applicable Building Codes and related codes. (4) Plan for addressing odor and other public nuisances that may derive from the cultivation site. Section 9.60.290. Additional Operating Requirements for Distributors. (a) A distributor shall not store non -cannabis goods or non -cannabis accessories that are to be sold to another party on any licensed premises. Additionally, a distributor shall not distribute non -cannabis goods or non - cannabis accessories at a licensed premise. For the purposes of this section, non -cannabis goods are any goods that do not meet the definition of cannabis goods as defined in Title 16, Section 5000(c) of the California Code of Regulations. (b) After taking physical possession of a cannabis goods batch, the distributor shall contact a testing laboratory and arrange for a laboratory employee to come to the distributor's licensed premises to select a representative sample for laboratory testing. (c) A distributor shall ensure that all cannabis goods are stored separately and distinctly from other cannabis goods on the distributor's premises. 31 Ordinance No. 2020 — NCMC Section 9.60 April 21, 2020 Commercial Cannabis 588 of 696 (d) The distributor shall ensure that the batch size from which the sample is taken meets the requirements of state law, specifically the testing provisions within the California Code of Regulations. (e) A distributor or an employee of the distributor shall be physically present to observe the laboratory employee obtain the sample of cannabis goods for testing and shall ensure that the increments are taken from throughout the batch. The sampling shall be video -recorded, and the recording kept available to state and local authorities for a minimum of 180 days, pursuant to Title 16, Section 5305 of the California Code of Regulations. A distributor shall not transport cannabis or cannabis products to a licensed retail facility until and unless it has verified that the cannabis or cannabis products have been tested and certified by a testing lab as being in compliance with state health and safety requirements pursuant to Title 16, Sections 5705, 5710 and 5714 of the California Code of Regulations. (f) Section 9.60.300. Additional Operating Requirements for Testing Labs. (a) Testing Labs shall be required to conduct all testing in a manner pursuant to Business and Professions Code Section 26100 and shall be subject to state and local law. Each Testing Lab shall be subject to additional regulations as determined from time to time as more regulations are developed under this Chapter and any subsequent State of California legislation regarding the same. (b) Testing Labs shall conduct all testing in a manner consistent with general requirements for the competence of testing and calibrations activities, including sampling using verified methods. (c) All cannabis testing laboratories performing testing shall obtain and maintain ISO/IEC 17025 accreditation as required by the Bureau of Cannabis Control. (d) Testing labs shall destroy any harvest batch whose testing sample indicates noncompliance with health and safety standards required by the bureau unless remedial measures can bring the cannabis or cannabis products into compliance with quality standards as specified by law and implemented by the bureau. (e) Each operator shall ensure that a testing laboratory employee takes the sample of cannabis or cannabis products from the distributor's premises for testing required by state law and that the testing laboratory employee transports the sample to the testing laboratory. (f) Except as provided by state law, a testing laboratory shall not acquire or receive cannabis or cannabis products except from a licensee in accordance with state law, and shall not distribute, sell, or dispense cannabis, or cannabis products, from the licensed premises from which the cannabis or cannabis 32 Ordinance No. 2020 — NCMC Section 9.60 April 21, 2020 Commercial Cannabis 589 of 696 (g) products were acquired or received. All transfer or transportation shall be performed pursuant to a specified chain of custody protocol. A testing laboratory may receive and test samples of cannabis or cannabis products from a qualified patient or primary caregiver only if the qualified patient or primary caregiver presents the qualified patient's valid physician's recommendation for cannabis for medicinal purpose. A testing lab shall not certify samples from a qualified patient or primary caregiver for resale or transfer to another party or licensee. All tests performed by a testing laboratory for a qualified patient or primary caregiver shall be recorded with the name of the qualified patient or primary caregiver and the amount of the cannabis or cannabis products received. Section 9.60.310. Additional Operating Requirements for Cannabis Manufacturing: Edibles and Other Cannabis Products; Sale or Distribution of Edible and Other Cannabis Products. Cannabis manufacturing shall only be permitted pursuant to state law, this chapter and or any subsequently created manufacturing state license as defined in MAUCRSA, and may be permitted to operate only within those zone districts as defined in Section 9.60.070 of this Chapter and Section 18.20.020 of the City of National City Municipal Code. Any compressed gases used in the manufacturing process shall not be stored on any property within the City of National City in containers that exceeds the amount which is approved by the National City Fire Department and authorized by the regulatory permit. Each site or parcel subject to a commercial cannabis business permit shall be limited to a total number of tanks as authorized by the National City Fire Department on the property at any time. Additional operating requirements include: (a) Cannabis manufacturing facilities may use heat, screens, presses, steam distillation, ice water, ethanol and other methods without employing solvents or gases to create keef, hashish, bubble hash, or infused dairy butter, or oils or fats derived from natural sources, and other extracts. (b) If an extraction process uses a professional grade closed loop CO, gas extraction system every vessel must be certified by the manufacturer for its safe use as referenced in Section 9.60.310 (f). The CO, must be of at least ninety-nine percent purity. (c) Closed loop systems for compressed gas extraction systems must be commercially manufactured and bear a permanently affixed and visible serial number. (d) Certification from an engineer licensed by the State of California, or by a certified industrial hygienist, must be provided to the Community 33 Ordinance No. 2020 — NCMC Section 9.60 April 21, 2020 Commercial Cannabis 590 of 696 Development Department for a professional grade closed loop system used by any commercial cannabis manufacturing manufacturer to certify that the system was commercially manufactured, is safe for its intended use, and was built to codes of recognized and generally accepted good engineering practices, including but not limited to: (1) The American Society of Mechanical Engineers (ASME); (2) American National Standards Institute (ANSI); (3) Underwriters Laboratories (UL); or (4) The American Society for Testing and Materials (ASTM) (e) The certification document must contain the signature and stamp of the professional engineer or industrial hygienist and serial number of the extraction unit being certified. (f) (g) (i) Professional closed loop systems, other equipment used, the extraction operation, and facilities must be approved for their use by the Fire Department and meet any required fire, safety, and building code requirements specified in the California Building Reference Codes. Cannabis Manufacturing Facilities may use food grade glycerin, ethanol, and propylene glycol solvents to create or refine extracts. Ethanol should be removed from the extract in a manner to recapture the solvent and ensure that it is not vented into the atmosphere. Cannabis Manufacturing Facilities creating cannabis extracts must develop standard operating procedures, good manufacturing practices, and a training plan prior to producing extracts for the marketplace. Any person using solvents or gases in a closed looped system to create cannabis extracts must be fully trained on how to use the system, have direct access to applicable material safety data sheets and handle and store the solvents and gases safely. Parts per million for one gram of finished extract cannot exceed state standards for any residual solvent or gas when quality assurance tested. Section 9.60.320. Additional Operating Requirements for a Microbusiness- Cultivation Facility. Microbusinesses shall comply with all local operating requirements under this Chapter and all requirements imposed by state law that apply to the specific activities operating under the umbrella of the individual microbusiness. 34 Ordinance No. 2020 — NCMC Section 9.60 April 21, 2020 Commercial Cannabis 591 of 696 (a) Outdoor Commercial Cultivation is prohibited. (b) In no case, shall cannabis plants be visible from a public or private road, sidewalk, park or any common public viewing area. (c) Commercial cannabis cultivation which is permitted in the City of National City shall not exceed 10,000 square feet of canopy space permitted by state law as part of a microbusiness license. (d) Cannabis cultivation shall be conducted in accordance with state and local laws related to land conversion, grading, electricity, water usage, water quality, woodland and riparian habitat protection, agricultural discharges, and similar matters. (e) Pesticides and fertilizers shall be properly labeled and stored to avoid contamination through erosion, leakage or inadvertent damage from pests, rodents or other wildlife. (f) The cultivation of cannabis shall at all times be operated in such a way as to ensure the health, safety, and welfare of the public, the employees working at the commercial cannabis business, visitors to the area, neighboring properties, and the end users of the cannabis being cultivated, to protect the environment from harm to streams, fish, and wildlife; to ensure the security of the cannabis being cultivated; and to safeguard against the diversion of cannabis. (g) All applicants for a cannabis cultivation permit shall submit to the following in addition to the information generally otherwise required for a commercial cannabis business: (1) A cultivation and operations plan that meets or exceeds minimum legal standards for water usage, conservation and use; drainage, runoff, and erosion control; watershed and habitat protection; and proper storage of fertilizers, pesticides, and other regulated products to be used on the parcel, and a description of the cultivation activities and schedule of activities during each month of growing and harvesting, or explanation of growth cycles and anticipated harvesting schedules for all -season harvesting. (2) A description of a legal water source, irrigation plan, and projected water use. (3) Identification of the source of electrical power and plan for compliance with applicable Building Codes and related codes. (4) Plan for addressing odor and other public nuisances that may derive from the cultivation site. 35 Ordinance No. 2020 — NCMC Section 9.60 April 21, 2020 Commercial Cannabis 592 of 696 Section 9.60.330. Permissible Delivery Locations and Customers. All retail businesses conducting cannabis delivery operations within the City of National City are subject to the following requirements: (a) A licensed cannabis business shall not deliver cannabis goods to an address located on publicly owned land or any address on land or in a building leased by a public agency. (b) A licensed cannabis business shall comply with all requirements of state and local law pertaining to the cannabis permit and all subsequent policies, procedures and regulations which may be amended by the City Manager from time to in order to enforce this Chapter. (c) Any kiosk, i-Pad, tablet, smartphone, fixed location or technology platform, whether manned or unmanned, other than a retail location permitted by the city, that facilitates, directs, or assists the retail sale or delivery of cannabis or cannabis products is prohibited and shall be a violation of this Chapter. Section 9.60.340. Expiration of Commercial Cannabis Business Permits. Each commercial cannabis business permit issued pursuant to this Chapter shall expire twelve (12) months after the date of its issuance. Commercial cannabis permits may be renewed as provided in Section 9.60.350. Section 9.60.350. Renewal of Cannabis Business Permits. (a) An application for renewal of a commercial cannabis business permit shall be filed at least sixty (60) calendar days prior to the expiration date of the current permit. (b) The renewal application shall contain all the information required for new applications. (c) The applicant shall pay a fee in an amount to be set by the City Council to cover the costs of processing the renewal permit application, together with any costs incurred by the City to administer the program created under this Chapter. (d) An application for renewal of a commercial cannabis business permit shall be rejected if any of the following exists: (1) The application is filed less than sixty (60) days before its expiration. 36 Ordinance No. 2020 — NCMC Section 9.60 April 21, 2020 Commercial Cannabis 593 of 696 (2) The commercial cannabis business permit is suspended or revoked at the time of the application. (3) The commercial cannabis business has not been in regular and continuous operation in the four (4) months prior to the renewal application. (4) The commercial cannabis business has failed to conform to the requirements of this Chapter, or of any regulations adopted pursuant to this Chapter, or is in violation of any other state or local laws and regulations. (5) The permittee fails or is unable to renew its State of California license. (6) If the state has determined, based on substantial evidence, that the permittee or applicant is in violation of the requirements of the state rules and regulations, and the state has determined that the violation is grounds for termination or revocation of the commercial cannabis business permit. (e) The City Manager or the Chief of Police or his/her designee(s) is authorized to make all decisions concerning the issuance of a renewal permit. In making the decision, the City Manager or his/her designee(s) is authorized to impose additional conditions to a renewal permit, if it is determined to be necessary to ensure compliance with state or local laws and regulations or to preserve the public health, safety or welfare. Appeals from the decision of the City Manager or his/her designee(s) shall be handled pursuant to Sections 9.60.380 through 9.60.400. (f) If a renewal application is rejected, a person may file a new application pursuant to this Chapter no sooner than one (1) year from the date of the rejection. Section 9.60.360. Revocation or Suspension of Permits. Commercial cannabis business permits may be revoked or suspended for any violation of any relevant law and/or any rule, regulation and/or standard adopted pursuant to this Chapter, including any amendments to those standards, or pursuant to any policy, procedure or regulation in this Chapter or in the National City Municipal Code. Section 9.60.370. Effect of State License Suspension, Revocation, or Termination. Suspension of a license issued by the State of California, or by any of its departments or divisions, shall immediately suspend the ability of a commercial cannabis business to 37 Ordinance No. 2020 — NCMC Section 9.60 April 21, 2020 Commercial Cannabis 594 of 696 operate within the City, until the State of California, or its respective department or division, reinstates or reissues the State license. Should the State of California, or any of its departments or divisions, revoke or terminate the license of a commercial cannabis business, such revocation or termination shall also revoke or terminate the ability of a commercial cannabis business to operate within the City of National City. A cannabis business owner wishing to recommence operations shall re -apply for a local permit at such time as it can demonstrate that the grounds for revocation of the license by the state no longer exist, or that the underlying deficiency has otherwise been cured. Section 9.60.380. Appeals. Unless specifically provided elsewhere to the contrary, whenever an appeal is provided for in this Chapter from a decision of the City Manager or his or her designee(s), the appeal shall be conducted as prescribed in this Chapter. Section 9.60.390. Written Request for Appeal. (a) Within ten (10) calendar days after the date of a decision of the City Manager or his/her designee(s) to revoke, suspend or deny a permit, or to add conditions to a permit, an applicant may appeal such action by filing a written appeal with the City Clerk setting forth the reasons why the decision was not proper. Reasons shall be stated with specificity. (b) At the time of filing the appellant shall pay the designated appeal fee, established by resolution of the City Council. Section 9.60.400. Appeal Hearing Process. (a) Upon receipt of the written appeal, the City Clerk shall schedule the matter for a hearing before a hearing officer. (b) The appeal shall be set within a reasonable time after the date of receipt of the written appeal, but in no event shall be set later than thirty (30) City working days from the date of the receipt of the written appeal. The hearing shall be held no later than ninety (90) City working days from the date of the receipt of the written appeal. The City shall notify the appellant of the time and location at least ten (10) days prior to the date of the hearing. The appellant can waive the right to have their appeal set no later than thirty (30) City working days and/or held no later than ninety (90) City working days from the date of the receipt of the written appeal. (c) At the hearing, the appellant may present any information they deem relevant to the decision appealed. The formal rules of evidence and procedure applicable in a court of law shall not apply to the hearing. The applicant may have the assistance of counsel or may appear by counsel. 38 Ordinance No. 2020 — NCMC Section 9.60 April 21, 2020 Commercial Cannabis 595 of 696 (d) After the City Manager or his/her designee has presented the statement of facts upon which the determination was made, the burden to show that the action taken by the City Manager or his/her designee was not based on substantial evidence, or was arbitrary, capricious, or unjustified shall be upon the appealing party. (g) If the applicant, or counsel representing the applicant, fails to appear at the hearing, the appeal is abandoned and the action of the City Manager or his/her designee is final. The hearing officer may uphold the denial, suspension, or revocation, may allow that which has been denied, reinstate that which has been suspended or revoked, reverse or modify any other decision of the City Manager or his/her designee that is the subject of the appeal. If the decision of the hearing officer is to deny the appeal, then that decision shall be final and conclusive and shall constitute the exhaustion of the administrative remedy. (h) A copy of the written decision of the hearing officer specifying findings of fact and the reasons for the decision shall be given to the applicant or the designated representative and the City Manager or his/her designee within thirty (30) calendar days of the hearing. If the hearing officer determines the complexity of the case required additional time in which to render a decision, the time in which to render the decision is automatically extended another thirty (30) calendar days. Service of the decision shall govern the commencement of any period of limitation for judicial review under Code of Civil Procedure Section 1094.6 or 1084.8, whichever is applicable. Section 9.60.420. Transfer of Cannabis Business Permit. (a) The owner of a cannabis business permit shall not transfer ownership or control of the permit to another person or entity unless and until the transferee obtains an amendment to the permit from the City Manager or his/her designee stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the City Manager or his/her designee in accordance with all provisions of this Chapter (as though the transferee were applying for an original cannabis business permit). The proposed transferee's application shall be accompanied by a transfer fee in an amount set by resolution of the City Council (or if not set, shall be the same amount as the application fee). (b) The City Manager or his/her designee shall conduct a hearing to determine whether the transferee passed the background check required for permittees and meets all other requirements of this Chapter. 39 Ordinance No. 2020 — NCMC Section 9.60 April 21, 2020 Commercial Cannabis 596 of 696 (c) Commercial cannabis business permits issued through the grant of a transfer by the City Manager or his/her designee shall be valid for a period of one year beginning on the day the City Manager or his/her designee approves the transfer of the permit. Before the transferee's permit expires, the transferee shall apply for a renewal permit in the manner required by this Chapter. (d) Changes in ownership of a permittee's business structure or a substantial change in the ownership of a permittee business entity (changes that result in a change of more than 51 % of the original ownership), must be approved by the City Manager or his/her designee through the transfer process contained in this subsection (a). Failure to comply with this provision is grounds for permit revocation. (e) A permittee may change the form of business entity without applying to the City Manager or his/her designee for a transfer of permit, provided that either: 1. The membership of the new business entity is substantially similar to original permit holder business entity (at least 51 % of the membership is identical), or 2. If the original permittee is an unincorporated association, mutual or public benefit corporation, agricultural or consumer cooperative corporation and subsequently transitions to or forms a new business entity as allowed under the MAUCRSA and in compliance with Section 9.60.420, provided that the Board of Directors (or in the case of an unincorporated association, the individual(s) listed on the City permit application) of the original permittee entity are the same as the new business entity. Although a transfer is not required in these two circumstances, the permit holder is required to notify the City Manager in writing of the change within ten (10) days of the change. Failure to comply with this provision is grounds for permit revocation. No commercial cannabis business permit may be transferred when the City Manager or his/her designee has notified the permittee that the permit has been or may be suspended or revoked. Any attempt to transfer a commercial cannabis business permit either directly or indirectly in violation of this section is hereby declared void, and such a purported transfer shall be deemed a ground for revocation of the permit. 40 Ordinance No. 2020 — NCMC Section 9.60 April 21, 2020 Commercial Cannabis 597 of 696 Section 9.60.430. Change in location; updated permit application. (a) Any time the dispensing, cultivation, manufacturing, transportation and distribution location specified in the regulatory permit is changed, the applicant shall re -file a permit application with the City Manager or his/her designee(s) containing the updated information. The process and the fees for this re -registration shall be the same as the process and fees set forth for registration in Sections 9.60.420(c) and 9.60.160. (b) Within fifteen (15) calendar days of any other change in the information provided in the permit application form or any change in status of compliance with the provisions of this Chapter, including any change in the commercial cannabis business ownership or management members, the applicant shall file an updated permit application form with the City Manager or his/her designee(s) for review along with a application amendment fee, as set forth in Sections 9.60.420(c) and 9.60.160). Section 9.60.440. Promulgation of Regulations, Standards and Other Legal Duties. (a) In addition to any regulations adopted by the City Council, the City Manager or his/her designee is authorized to establish any additional rules, regulations and standards governing the issuance, denial or renewal of commercial cannabis business permits, the ongoing operation of commercial cannabis businesses and the City's oversight, or concerning any other subject determined to be necessary to carry out the purposes of this Chapter. (b) Regulations may be published on the City's website. (c) Regulations promulgated by the City Manager shall become effective upon date of publication. Commercial cannabis businesses shall be required to comply with all state and local laws and regulations, including but not limited to any rules, regulations or standards adopted by the City Manager or his/her designee. (d) Testing Labs, Distribution facilities, Out of City Delivery Services and Special Events shall be subject to state law and shall be subject to additional City regulations as determined from time to time as more regulations are developed under Section 9.60.020 of this Chapter and any subsequent State of California legislation regarding the same. Section 9.60.450. Community Relations. (a) Each facility must provide the City Manager or designee with the name, telephone number, and email address of an on -site community relations or staff person or other representative to whom the city can provide notice if 41 Ordinance No. 2020 — NCMC Section 9.60 April 21, 2020 Commercial Cannabis 598 of 696 there are operating problems associated with the facility or refer members of the public who may have any concerns or complaints regarding the operation of the facility. Each facility must also provide the above information to all businesses and residences located within 100 feet of the facility. (b) During the first year of operation of a facility authorized under this Chapter, the owner, manager, and community relations representative from each such facility must attend a monthly meeting with the City Manager and Chief of Police and/or his/her designees to discuss costs, benefits and other community issues arising as a result of implementation of the Certificate of Approval authorized by this Chapter. After the first year of operation, the owner, manager, and community relations representative from each such facility must meet with the City Manager and the Chief of Police and/or his/her designees when and as requested by the City Manager or Chief of Police or his/her designees, with reasonable notice. Section 9.60.460. Fees Deemed Debt to the City of National City. The amount of any fee, cost or charge imposed pursuant to this Chapter shall be deemed a debt to the City of National City that is recoverable via an authorized administrative process as set forth in the City ordinance, or in any court of competent jurisdiction. Section 9.60.470. Responsibility for Violations. All Responsible persons pursuant to this Chapter shall be responsible for all violations of the laws of the State of California or of the regulations and/or the ordinances of the City of National City, whether committed by the property owner, permittee or any employee or agent of the property owner or permittee, which violations occur in or about the premises of the commercial cannabis business whether or not said violations occur within the permit holder's presence. Section 9.60.480. Inspection and Enforcement. (a) The City Manager, or his/her designee(s) charged with enforcing the provisions of the City of National City Municipal Code, or any provision thereof, may enter the location of a commercial cannabis business at any time, without notice, to check for compliance with all state and local laws and inspect the location of any commercial cannabis business as well as any recordings and records required to be maintained pursuant to this Chapter or under applicable provisions of State law. (b) It is unlawful for any responsible persons, to impede, obstruct, interfere with, or otherwise not to allow, the City to conduct an inspection, review or copy records, recordings or other documents required to be maintained by a 42 Ordinance No. 2020 — NCMC Section 9.60 April 21, 2020 Commercial Cannabis 599 of 696 commercial cannabis business under this Chapter or under state or local law. It is also unlawful for a person to conceal, destroy, deface, damage, or falsify any records, recordings or other documents required to be maintained by a commercial cannabis business under this Chapter or under state or local law. (c) The City Manager, or his/her designee(s) charged with enforcing the provisions of this Chapter may enter the location of a commercial cannabis business at any time during the hours of operation and without notice to obtain samples of the cannabis to test for public safety purposes. Any samples obtained by the City of National City shall be logged, recorded, and maintained in accordance with established procedures by the City of National City's City Manager or Chief of Police or these regulations. Section 9.60.490. Compliance with State Regulations. It is the stated intent of this Chapter to regulate commercial cannabis activity in the City of National City in compliance with all provisions MAUCRSA and any subsequent state legislation. Section 9.60.500. Violations declared a public nuisance. Each and every violation of the provisions of this Chapter is hereby deemed unlawful and a public nuisance and may be enjoined civilly or administratively. In addition, and to the extent not expressly provided elsewhere in this code, it is unlawful and a misdemeanor to maintain a public nuisance. Section 9.60.510. Each violation a separate offense. Each and every violation of this Chapter shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the City of National City. Additionally, as a nuisance per se, any violation of this Chapter shall be subject to injunctive relief, any permit issued pursuant to this Chapter being deemed null and void, disgorgement and payment to the City for any monies unlawfully obtained, costs of abatement, costs of investigation, attorney fees, and any other relief or remedy available at law or in equity. The City of National City may also pursue any and all remedies and actions available and applicable under state and local laws for any violations committed by the commercial cannabis business or persons related to, or associated with, the commercial cannabis activity. Section 9.60.520. Serious Violations Grounds for Immediate Suspension of License or Permit. 43 Ordinance No. 2020 — NCMC Section 9.60 April 21, 2020 Commercial Cannabis 600 of 696 The City shall retain the authority, pursuant to Chapter 1.12, to address serious violations that rise to the level of posing an imminent threat to the public health, safety or welfare of the City, by immediately suspending the commercial cannabis license or permit issued by the City with a stop order. Such action by the City may be appealed pursuant to Sections 9.60.380 to 9.60.400 of this Chapter. Section 9.60.530. Criminal Penalties. Each and every violation of the provisions of this Chapter may in the discretion of the District Attorney or City Attorney be prosecuted as a misdemeanor and upon conviction be subject to a fine not to exceed one thousand dollars ($1,000) or imprisonment in the County jail for a period of not more than twelve (12) months, or by both such fine and imprisonment. Each day a violation is committed or permitted to continue shall constitute a separate offense. Section 9.60.540. Remedies cumulative and not exclusive. (a) The remedies provided herein are not to be construed as exclusive remedies. The City is authorized to pursue any proceedings or remedies provided by law. (b) The city attorney may, in addition to, or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings for the abatement, removal, or enjoinment thereof, in any manner provided by law, SECTION 2. This Ordinance shall take effect and be in force thirty (30) days from the date of its passage, and before the expiration of fifteen (15) days after its passage, it or a summary of it, shall be published once, with the names of the members of the City Council voting for and against the same in the Star News, a newspaper of general circulation published in the County of San Diego, California. 44 Ordinance No. 2020 — NCMC Section 9.60 April 21, 2020 Commercial Cannabis 601 of 696 SECTION 3 If any section, subsection, paragraph, sentence, clause, phrase or term (each a "Provision") in this Ordinance, or any Provision's application to any person or circumstance, is held illegal, invalid or unconstitutional by a court of competent jurisdiction, all other Provisions not held illegal, invalid or unconstitutional, or such Provision's application to other persons or circumstances, shall not be affected. The City Council declares that it would have passed this Ordinance, and each Provision therein, whether any one or more Provisions be declared illegal, invalid or unconstitutional. PASSED and ADOPTED this 21st day of April, 2020. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 45 Ordinance No. 2020 — NCMC Section 9.60 April 21, 2020 Commercial Cannabis 602 of 696 CC/CDC-HA Agenda 3/17/2020 — Page 603 The following page(s) contain the backup material for Agenda Item: Public Hearing No. 1 of 2 on the U.S. Department of Housing and Urban Development (HUD) Draft Five - Year Consolidated Plan for HUD Program Years (PY) 2020 to 2024 and allocation of HUD PY 2020 entitlement grant funds, program income, and funds remaining from completed projects to Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program activities proposed for the PY 2020 Action Plan. (Housing Authority) Please scroll down to view the backup material. 603 of 696 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 17, 2020 ITEM TITLE: Public Hearing No. 1 of 2 on the U.S. Department of Housing and Urban Development (HUD) Draft Five -Year Consolidated Plan for HUD Program Years (PY) 2020 to 2024 and allocation of HUD PY 2020 entitlement grant funds, program income, and funds remaining from completed projects to Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program activities proposed for the PY 2020 Action Plan. AGENDA ITEM NO.: PREPARED BY: Angelita Palm -Acting Housing Manager DEPARTMENT: PHONE: 619-336-4219 APPROVED B EXPLANATION: See attachment number one for explanation. FINANCIAL STATEMENT: The City will receive $788,787.00 in CDBG and $356,620.00 in HOME Program entitlement funds for FY 2021- 2025. In addition, the City will reprogram $30,896.95 in program income and $110,176.89 of CDBG funds from completed projects to FY 2021 Action Plan activities. The City will also reprogram $144,588.88 in HOME program income received and $84,453.00 remaining from previously completed projects to FY 1 Action Plan activities. ACCOUNT NO. APPROVED: d"/, FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: The approval of the draft Consolidated Plan and the allocation of grant funds to activities will not result in a direct or reasonable foreseeable physical change in the environment, and is not subject to the California Environmental Quality Act ("CEQA") pursuant to CEQA Guideline Section 15060(c)(2). Said actions are also not subject to National Environmental Policy Act of 1969 ("NEPA") pursuant to 24 CFR 58.34(a) and categorically excluded from other requirements found under 24 CFR 58.34(a). However, staff will review individual activities funded to comply with environmental review requirements under CEQA and with NEPA requirements found under 24 CFR parts 50 & 58. ORDINANCE: INTRODUCTION FINAL ADOPTION n STAFF RECOMMENDATION: Conduct the Public Hearing and approve recommendations for CDBG and HOME activities from the sources identified in the Financial Statement above. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Explanation 2. Action Plan Funding Recommendations 3. 30 Day Public Comment Period and Public Hearing 604 of 696 Attachment No. 1 City of National City March 17, 2020 Staff Report Explanation Public Hearing No. 1 of 2 on the U.S. Department of Housing and Urban Development (HUD) Draft Five -Year Consolidated Plan for HUD Program Years (PY) 2020 to 2024 and allocation of HUD PY 2020 entitlement grant funds, program income, and funds remaining from completed projects to Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program activities proposed for the PY 2020 Action Plan. In accordance with the federal regulations at 24 CFR, Part 91, the City of National City (City) is required to prepare and submit a Five Year Consolidated Plan and Annual Action Plan for its Housing and Community Development Entitlement Programs funded by the U.S. Department of Housing and Urban Development (HUD). The Consolidated Plan is a planning document that i provides an assessment of National City's community development needs, proposes strategies to address those needs, and identifies specific activities to implement those strategies. This Five Year Consolidated Plan for HUD covers Program Years (PY) 2020-2024 for the period beginning July 1, 2020 through June 30, 2025. The Consolidated Plan also includes a one year Annual Action Plan that outlines the intended use of resources for Program Year 2020, which is Fiscal Year (FY) 2020-2021. As required by HUD guidelines, the identification of needs and the adoption of strategies to address those needs must focus primarily on low- and moderate -income individuals and households. National objectives and performance outcomes established by HUD are the basis for assigning priorities to needs for which funding may be allocated. The purpose of the Consolidated Plan is to indicate how Community Planning Development funded programs such as the Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) Program entitlement funds will be used during the Five Year planning cycle. In this document the City establishes priorities for allocating CDBG and HOME funds based on a number of criteria, including urgency of needs, cost efficiency, eligibility of activities and programs, availability of other funding sources to address specific needs, funding program limitations, capacity and authority for implementing actions, and consistency with citywide goals, policies, and efforts. The PY 2020 Action Plan for FY 2020-2021 outlines how the City intends to spend $788,787.00 in CDBG and $356,620.00 in HOME Program entitlement funds. In addition to the funding sources noted above, the City will reprogram $30,896.95 in program income and $110,176.89 remaining from previously completed projects for CDBG as well as reprogram $144,588.88 in HOME program income received and $84,453.00 remaining from previously completed projects. A second Public Hearing will be conducted at the regularly scheduled City Council meeting on May 5, 2020 to review public comments received during a 30-day public review period from March 31 through April 30, 2020, on the draft Consolidated Plan and Annual Action Plan; and to provide interested persons and community groups with one last opportunity to share their thoughts regarding the Consolidated Plan and the CDBG and HOME Program funding recommendations for FY 2020-2021. Page 1 of 1 605 of 696 Attachment No. 2 Community Development Block Grant and CALIFORNIA --c} HOME Investment Partnerships Np } iiONAL U.71V Annual Action Plan Funding Recommendations for �^ a'� s�v �� HUD Program Year 2020 INCORPORATED City Fiscal Year 2020-2021 CDBG Entitlement: 5788,787.00 HOME Entitlement: S356,620.00 CDBG Program Income 2019: $ 30,896.95 HOME Program Income 2019: S144,588.88 CDBG Reallocation: $110,176.89 HOME Reallocation $ 84,453.00 Total CDBG funds available: $929,860.84 Total HOME funds available: $585,661.88 Community Development Block Grant (CDBG) Program Public Service Funds Available: $118,318.05 Applicant Name Program Name Funding Request FY 2021 Staff Recommendation FY 2020 Allocation Community Services Department Casa de Salud Youth Afterschool Program S 48,818.00 S 48,818.00 S 48,818.00 National City Public Library Literacy Services Program $ 52,000.00 $ 52,000.00 S 50,610.00 Police Department Sponsoring South Bay Community Services NCPD Support Service: Domestic Violence Response Team $ 20,000.00 $ 17,500.05 $ 19,465.00 Fire Department Sponsoring Trauma Intervention Programs of San Diego County, Inc. Trauma Intervention Program $ 10,925.00 $ $ Public Service Total: $ 131,743.00 $ 118,318.05 $ 118,893.00 Non -Public Services Funds Available: $653,785.39 Applicant Name Program Name Funding Request FY 2021 Staff Recommendation FY 2020 Allocation Neighborhood Services Department Housing Inspection Program $ 156,447.00 $ 120,981.39 $ 53,664.46 Fire Department Fire Station 34 Section 108 Loan Payment $ 532,804.00 $ 532,804.00 S 511,882.50 Non -Public Service Total: $ 689,251.00 S 653,785.39 $ 565,546.96 Planning and Administration Funds Available: $157,757.40 Applicant Name Program Name Funding Request FY 2021 Staff Recommendation FY 2020 Allocation National City Housing Authority CDBG Program Administration $ 122,757.40 $ 122,757.40 $ 123,024.00 National City Housing Authority Sponsoring CSA San Diego County Fair Housing and Tenant -Landlord Education $ 35,000.00 $ 35,000.00 $ 35,500.00 Planning & Admin Total: $ 157,757.40 $ 157,757.40 $ 158,524.00 CDBG Total: $ 978,751.40 $ 929,860.84 $ 842,963.96 HOME Investment Partnerships (HOME) Program Project Funds Available: $535,540.99 Applicant Name Program Name Funding Request FY 2021 Staff Recommendation FY 2020 Allocation National City Housing Authority Sponsoring Springboard, CDFI First Time Homebuyer Program S 299,600.00 $ 446,940.99 National City Housing Authority Sponsoring San Diego Habitat for Humanity San Diego Habitat for Humanity Homeownership Project at 405-419 W. 18th St., National City S 88,600.00 $ 88,600.00 S 101,310.45 Total: $ 388,200.00 $ 535,540.99 $ 465,556.30 Planning & Administration Funds Available: $50,120.89 Applicant Name Program Name Funding FY 2021 Staff Recommendation FY 2020 Allocation National City Housing Authority HOME Program Administration ,Request S 50,120.89 $ 50,120.89 $ 45,931.53 HOME Total: S 438,320.89 $ 585,661.88 $ 511,487.83 +In FY 2020 Tenant Based Rental Assistance Program received $364,245.85 Page 1 of 1 606 of 696 Attachment No. 3 City of National City March 17, 2020 Staff Report PUBLIC NOTICE CITY OF NATIONAL CITY FIRST PUBLIC HEARING FOR THE DRAFT HUD PROGRAM YEAR 2020-2024 CONSOLIDATED PLAN AND PROGRAM YEAR 2020 ACTION PLAN AND 30 DAY PUBLIC REVIEW AND COMMENT PERIOD AND PUBLIC HEARING FOR THE CITIZEN AND COMMUNITY PARTICIPATION PLAN In accordance with the federal regulations at 24 CFR, Part 91, the City of National City (City) is required to prepare and submit a Citizen and Community Participation Plan (CCPP), a Five Year Consolidated Plan and an Annual Action Plan for its Housing and Community Development Entitlement Programs funded by the U.S. Department of Housing and Urban Development (HUD). The Five Year Consolidated Plan for HUD Program Years (PY) 2020-2024 outlines the City's housing and non - housing community development needs and priorities over the next five years. The Action Plan for PY 2020 outlines how the City intends to spend $788,787.00 in federal Community Development Block Grant (CDBG) and $356,620.00 in HOME Investment Partnerships (HOME) Program entitlement funds. In addition to the funding sources noted above, the City will reprogram $30,896.95 in program income and $110,176.89 (published as $70,101.59) remaining from previously completed projects for CDBG as well as reprogram $144,588.88 in HOME program income received and $84,453.00 remaining from previously completed projects. The CCPP is a description of the City's policies and procedures for public involvement in the development of the Five -Year Consolidated Plan and its component Annual Action Plans, amendments to these plans, the public review process for the CAPER, and the Analysis to Impediments of Fair Housing to the U.S. Department of Housing and Urban Development (HUD). A 30 day review of the Draft CCPP will be available for public comment March 31 to April 30, 2020. Notice is hereby Riven that the City Council of the City of National City will hold the first of two Public Hearings for the HUD PY 2020-2024 Consolidated Plan and PY 2020 Action Plan on Tuesday, March 17, 2020 at 6:00 p.m. The purpose of the Public Hearing is provide the opportunity for public comment on the needs and priorities identified for the Draft HUD PY 2020-2024 Consolidated Plan and on City Council's recommendations for funding of the CDBG and HOME Program activities for HUD PY 2020 Action Plan. All Draft Plans are available for review on the City's website www.nationalcitvca.Qov/cdba-home. Hardcopies of the Plans are available at the office of the City Clerk (1243 National City Boulevard, National City, CA 91950) and at the National City Housing Authority (140 E. 12 Street, Suite B, National City, CA 91950). On May 5, 2020 a Public Hearing will be held for the CCPP and a second Public Hearing for the Five Year Consolidated Plan and Action Plan at the regularly scheduled City Council meeting to review public comments received during a 30-day public review period (March 31 through April 30, 2020) of the Draft CCPP, and Draft HUD PY 2020-2024 Consolidated Plan and PY 2020 Annual Action Plan; and to provide interested persons and community groups with one last opportunity to share their thoughts regarding those Plans and the proposed PY 2020 CDBG and HOME Program funding recommendations. Page 1 of 2 607 of 696 Attachment No. 3 City of National City March 17, 2020 Staff Report Public participation is an essential part in the development of the Five -Year Consolidated and Annual Action Plan. Interested persons and community groups are invited to attend and participate at these hearings. Both Public Hearings will be held at the City of National City, City Hall Council Chambers, located at 1243 National City Boulevard, National City, CA 91950. For more information regarding this process, please contact the National City Housing Authority at (619) 336-4219. Hearing impaired persons please use the CAL Relay Service Number 711. City facilities are wheelchair accessible. 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. Asistencia en Espanol: Para que le interpreten la informacion en espanol, llame al (619) 336-4391. Brad Raulston, City Manager City of National City March 4, 2020 Page 2 of 2 608 of 696 CC/CDC-HA Agenda 3/17/2020 — Page 609 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 an Amendment to the Lease and Operating Agreement between the City of National City and American Golf Corporation to increase green fees by two dollars effective April 1, 2020. (Community Services) Please scroll down to view the backup material. 609 of 696 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 17, 2020 AGENDA ITEM NO.: ITEM TITLE: Public hearing and adoption of a resolution of the City Council of the City of National City authorizing the Mayor to execute an Amendment to the Lease and Operating Agreement between the City of National City and American Golf Corporation to increase green fees by two dollars effective April 1, 2020. PREPARED BY: Audrey Denham DEPARTMENT: mmu ity S-,�ices PHONE: 619-336-4243 APPROVED BY: EXPLANATION: In May 1984, the City entered into an Agreement with American Golf Corporation (AGC) for the operation of the National City Golf Course. Per the Agreement fees charged to patrons will be comparable to competing Southern California public golf courses. In addition, changes in fees require City Council approval. AGC has submitted a request to increase green fees by $2 to become effective April 1, 2020. AGC has included a competitive market analysis, including green fees from the Chula Vista Golf Course, Bonita Golf Course, Eastlake Country Club, and Balboa Park 9 Hole Golf Course. AGC is requesting the fee increase to cover increased costs associated with maintenance and minimum wage. The increase in green fees will bring in an additional $7,900 in revenue to the City. The last fee increase was approved by City Council in August 2006, which included an increase to non-resident green fees and an increase in golf cart fees for all users. At the time, resident green fees remained the same on weekdays and were reduced by $1 on the weekends. FINANCIAL STATEMENT: APPROVED: LIF ,ea_ FINANCE ACCOUNT NO. APPROVED: MIS 001-41000-3317 (Rental - Las Palmas Golf Course) - $7,900 ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION E FINAL ADOPTION n STAFF RECOMMENDATION: Adopt the resolution of the City Council of the City of National City authorizing the Mayor to execute an Amendment to the Lease and Operating Agreement between the City of National City and American Golf Corporation to increase green fees by two dollars effective April 1, 2020. BOARD 1 COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Amendment 2. AGC letter and market analysis 3. Insurance 4. Resolution 610 of 69i? AMENDMENT TO THE LEASE AND OPERATING AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND AMERICAN GOLF CORPORATION This Amendment ("Amendment") to the Lease and Operating Agreement by and between the City of National City and American Golf Corporation ("Agreement"), is entered into this 17th day of March, 2020, by and between the City of National City (the "Landlord") and American Golf Corporation, a California corporation ("Tenant"). RECITALS WHEREAS, the Landlord. and Tenant, previously entered into the Agreement entitled "Lease and Operating Agreement for Las Palmas Municipal Golf Course between the City of National City and American Golf Corporation" dated May 3, 1984, and said Agreement was subsequently amended on various dates, with the last amendment occurring on August 6, 2006; WHEREAS, in the Agreement the Landlord engages the Tenant to operate the real property commonly known as the National City Golf Course, located at 1439 Sweetwater Road, National City, California (the "Premises") as a public golf course, driving range, club house, restaurant and bar, provide golf lessons, and a golf pro shop; WHEREAS, Article 1.0.2, establishes all fees chargedto patrons at the Premises will be comparable to competing Southern California public golf courses for similar goods and services; and WHEREAS, Article 10.4, further agrees that changes in green fees, prices, or policies will first require the approval of Landlord; NOW TFIEREFORE, the Landlord and Tenant agree as follows: 1. Article 10.2 of the Agreement is hereby amended, effective April 1, 2020, to read as follows: A. Tenant and Landlord agree that green fees and cart fees will be as follows: Weekday Weekend Rack Rate $14 walk, $22 ride $17 walk, $25 ride Resident $12 walk, $20 ride $15 walk, $23 ride Senior $12 walk, $20 ride $13 walk, $21 ride Senior Resident $9 walk, $17 ride $10 walk, $18 ride 611 of 696 Junior $9 walk, $17 ride $10 walk, $18 ride Twilight $11 walk, $19 ride $13 walk, $21 ride Replay, 7 days Rack Rate $10 walk, $14 ride Senior $8 walk, $12 ride Junior $8 walk, $12 tide For purposes of this Section 1, "seniors" shall mean all persons 60 years old or older and "juniors" shall mean all persons 16 years old or younger. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY AMERICAN GOLF CORPORATION, A CALIFORNIA CORPORATION (Cat pot ation - signatures of two corporate officers required) By: By: Alejandra Sotelo-Solis, Mayor (Name) //' 411 ‘1\61- (Print) '- APPROVED AS TO FORM: { �1 Angil P. Morris -Jones (Tit e) City Attorney By: By: Roberto M. Contreras Deputy City Attorney (Name) (Print) v e lie"( (Title) Amendment Page 2 of 2 City of National City and March 2020 American Golf Corporation 612 of 696 American Golf Corporation® February 12, 2020 Audrey Denham Acting Community Services Director City of National City 141 East 1211i Street Suite A National City, CA 91950-3312 Dear Ms. Denham, As per your request, I am respectfully submitting this letter to propose a rate increase at The National City Golf Course. We would like to propose the new rates to be effective as soon as possible. We are proposing an increase of two dollar to all greens fees. Our last rate increase was in 2006. The golf course is in the best shape ever. We have redone 7 of the 9 tee boxes, brought in new range mats and balls and added much needed irrigation lines for the fairways. During this time since the last rate increase, minimum wage and related costs have gone up considerably. We are confident the golfers will support the increase. I have included a rate sheet that shows the proposed changes. Thanks for all the support. Sincerely, 111 Aitted143 remy M. halen General Manager National City Golf Course 7380 Golfcrest Place • San Diego, California 92119 . Telephone (619) 460-5400 • Fax (619) 469.7973 • gm@missiontrailsgc.com • Www.mission t- 613 of 696 Competitive Market Analysis, South Bay courses Thursday, September 6, 2018 9-hole rate Weekday Course Weekend Chula Vista GC Resident $15 walk, $22 ride $12 walk, $19 ride $17 walk, $24 ride $14 walk, $21 ride Bonita $19 walk, $27 ride Eastlake CC $22 with cart and breakfast $25 with cart and breakfast both before 7AM Balboa 9 hole Resident $18 regular and Senior $13 junior $14, $10 senior, $13 junior $23, $18 resident Carts are $8 per person National City Golf Course CURRENT RATES rack rate resident Senior Senior Resident Junior Twilight Weekday $12, walk, $20 ride $10 walk, $18 ride $10 walk, $18 ride $7 walk, $15 ride $7 walk, $15 ride $9 walk, $17 ride Weekend $15 walk, $23 ride $13 walk, $21 ride $11 walk, $19 ride $8 walk, $16 ride $8 walk, $16 ride $11 walk, $19 ride Replay, 7 days rack rate Senior Junior $8 walk, $12 ride $6 walk, $10 ride $6 walk, $10 ride rn Al Y 0 0) 0) National City Golf Course Weekday PROPOSED RATES Replay, 7 days rack rate Senior Junior $14 walk, $22 ride $12 walk, $20 ride $12 walk, $20 ride $9 walk, $17 ride $9 walk, $17 ride $11 walk, $19 ride $10 walk, $14 ride $8 walk, $12 ride $8 walk, $12 ride Weekend $17 walk, $25 ride $15 walk, $23 ride $13 walk, $21 ride $10 walk, $18 ride $10 walk, $18 ride $13 walk, $21 ride A9 Rb® CERTIFICATE OF LIABILITY INSURANCE D0TE(MMI YY Dr'Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER MARSH USA, INC. 99 HIGH STREET BOSTON, MA 02110 Attn: RealEstate,CeriRequest@marsh.com CN102575767-STND-GAWUL-19-20 CONTACT NAME: (aC No, EA: AI , No): EMAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC # INSURER A: Endurance American Insurance Company 10641 INSURED American Golf Corporation 909 North Pacific Coast Highway, Suite 650 El Segundo, CA 90245 INSURER B: Sompo America Insurance Company 11126 INSURER C: N/A NIA INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: NYC-010830791-02 REVISION NUMBER: 2 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSRR TYPE OF INSURANCE ADDL INSD SUBR WVQ POLICY NUMBER POLICY EFF (MMIDDIYYYY) POLICY EXP (MMIDDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X GGR10011534902 97127/2019 07/27/2020 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 50,000 X SIR applies per policy terms & MED EXP (Any one person) $. EXCLUDED conditions PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO JECT X LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE X LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON -OWNED AUTOS ONLY X ACVS1231FO 07/27/2019 07/27/2020 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ — UMBRELLA LJAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENT ON $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETORIPARTNERIEXECUTIVE OFF ICE R/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below © N!A X WCDS1070S0 07/27/2019 07127/2020 X PER STATUTE OTH- ER El. EACH ACCIDENT $ 1,000,000 E,L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Re: National City Golf Course: 1439 Sweetwater Road, National city, CA 91950 The City of National City, its officials, agents, employees and volunteers are included as Additional Insured (except workers' compensation) where required by the written contract, Waiver of Subrogation applies In favor of the Additional Insureds where required by the written contract CERTIFICATE HOLDER CANCELLATION City of National City c/o Risk Manager 1243 National city Blvd. National clly, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashl Mukherjee rLau k- . �xLw t�►�. u ACORD 25 (2016/03) ©1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 615 of 696 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): The City of National City, its officials, agents, employees and volunteers City of National City c/o Risk Manager 1243 National City Blvd. National City, CA 91950 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additionai insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG20260413 © Insurance Services Office, Inc., 2012 Page 1 of 616 of 696 Policy Number NCCI Company No: 19321 - WCDS1070S0 ENDORSEMENT Sompo America Insurance Company Policy Effective Date: 07-27-2019 Insured Name AMERICAN GOLF CORPORATION Policy Expiration Date: 07-27-2020 12:01 A.M., Standard Time Agent Name MARSH USA INC. Agent No.E8289 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THE FOLLOWING FORM(S) HAS BEEN ADDED: WC 04 03 06 04-84 CA WAIVER OF OUR RIGHT TO RECOVER Coverage Parts Affected This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. All other terms and conditions of this Policy remain unchanged. (The information below is required to be completed only when thls endorsement is Issued subseq uent to the policy effective date.) Endorsement Effective Date 02-26-20this endorsement forms part of pollcy Nu mber WCDS1070S0 Insured Name: AMERICAN GOLF CORPORATION Policy Effective Date; 07--27-2019 NCCI Carrier Code: 19321 Endorsement No: 003 WC 89 06 00 A ADD'L PREMIUM: NO CHARGE 617 of 696 , Policy Number NCCI Company No: 19321 WCDS1070S0 ENDORSEMENT Sompo America Insurance Company Policy Effective Date: 07-27-2019 Insured Name AMERICAN GOLF CORPORATION Policy Expiration Date: 07-27-2020 12:01 A.M., Standard Time Agent Name MARSH USA INC . Agent No.E828 9 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THE FOLLOWING FORM(S) HAS BEEN ADDED: WC 04 03 06 04-84 CA WAIVER OF OUR RIGHT TO RECOVER Coverage Parts Affected This endorsement changes the policy to which it is attached and is effective on the date Issued unless otherwise stated. All other terms and conditions of this Policy remain unchanged. (The information below is req wired to be completed only when this endorsement is issued subseq uent to the policy effective date.) Endorsement Effective Date 02-26-20,thlsendorsement forms part ofPolicy Number WCDS1070S0 Insured Name: AMERICAN GOLF CORPORATION Policy Effective Date: 07-27-2019 NCCI Carrier Code: 19321 Endorsement No: 003 WC 89 06 00 B ADD'L PREMIUM: NO CHARGE 618 of 696 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be INCL % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION THE CITY OF NATIONAL CITY, ITS OFFICIALS, AGENTS, EMPLOYEES AND VOLUNTEERS CITY OF NATIONAL CITY C/O RISK MANAGER 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 91950 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The infomnation below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 02-26-20 Policy No. WCDS1070S0 Insured AMERICAN GOLF CORPORATION Insurance Company Sompo America Insurance Company Countersigned By Endorsement No. 003 Premium $ INCL . © 1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual © 1999. 619 of 696 ACGRD® EVIDENCE OF PROPERTY INSURANCE DATE (MM/DDIYYYY) 0212112020 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST. AGENCY MARSH USA, INC. 99 HIGH STREET BOSTON, MA 02110 CN102575767 A27-PROP-19-20 PHONE (A/C No Exth FAX IAIC. No}; CODE; EMAIL ADDRESS: SUB CODE: AGENCY CUSTOMER ID #: INSURED American Golf Corporation 909 North Pacific Coast Highway, Suite 650 El Segundo, CA 90245 COMPANY (See Attached) LOAN NUMBER POLICY NUMBER See Attached EFFECTIVE DATE 04/0412019 EXPIRATION DATE 04/04/2020 CONTINUED UNTIL TERMINATED IF CHECKED THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION LOCATION/DESCRIPTION THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, COVERAGE INFORMATION PERILS INSURED BASIC BROAD SPECIAL COVERAGE 1PERILS IFORMS AMOUNT OF INSURANCE DEDUCTIBLE COMMERCIAL PROPERTY COVERAGE AMOUNT OF INSURANCE Other deductibles may apply per policy terms and conditions. 75,000,000 250,000 REMARKS (Including Special Conditions) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST NYC-010830812-02 NAME AND ADDRESS City of Nattonal City c/o Risk Manager 1243 National City Blvd. National City, CA 91950 ADDITIONAL INSURED MORTGAGEE LENDER'S LOSS PAYABLE LOSS PAYEE LOAN # AUTHORIZED REPRESENTATIVE of Marsh USA Inc, Manashi Mukherjee Avt.aunok...:. , ..e.c..1, ACORD 27 (2016/03) ©1993-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 620 of 696 AGENCY CUSTOMER ID: CN102575767 ACGRD LOC #: Boston ADDITIONAL REMARKS SCHEDULE Page 2 of 3 AGENCY MARSH USA, INC. NAMED INSURED American Golf Corporation 909 North Pacific Coast Highway, Suite 650 El Segundo, CA 90245 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER; 27 FORM TITLE. Evidence of Property Insurance Includes all Real and Personal Property including Property in the CCC of the Insured and property in transit, BI, Extra Expense, Contingent BEE, Leasehold Interests, Tenant Improvements, EDP Equipment, Accounts Receivable, valuable Papers, Fine Arts, Inventory, Mobile Equipment, Property and Land Improvements while in course of construction, Properly White an Exhibition, Service Interruption, Building Ordinance, Debris Removal, Civil and Military Authority, and Boller & Machinery. Coverage for land improvements is included, including the costs of reclaiming, restoring or repairing land Improvements. Land improvements are defined as any alteration to the natural condition of the land by grading, excavating, Landscaping, earthen dikes or dams, as well as additions to land such as pavements, roadways, or similar works at the Insumd's premises. Golf courses and all associated landscaping including, but not limited to trees, shrubbery, planting, etc shall be considered °land improvements." Terrorism coverage is EXCLUDED. POLICY INFORMATION: Primary $10,000,000 5%Ironshore Specialty Insurance Company: 001975105 25%Allied World Assurance Company: P0144331009 60%Sompo Global Risk Solutions: GPR10010949702 10% Interstate Fire & Casualty Company: RTX20033719 $15,000,000 XS $10,000,000 55% National Fire & Marine Insurance Company:42-XPR-000260-06 35% Princeton Excess & Surplus Lines Insurance Company: 78-A3-XP-0000564-00 10% Interstate Fire & Casualty Company: RTX20033719 $50,000,000 XS $25,000,000 25% CBE Specialty Insurance Company: CFE3974944 65% Princeton Excess & Surplus Lines Insurance Company: 7B-A3-XP-0000564-00 10% Interstate Fire & Casualty Company: RTX20033719 DEDUCTIBLES: USD250,000 per occurrence for All Other Perks USD750,000 per occurrence for All Other Pelts, as respects Land Improvements USD250,000 per occurrence for Equipment Breakdown USD 250,000 per occurrence for the peril of Flood, except; Flve percent (5%) of the value, per unit of insurance, for insured property situated In High Hazard Flood Zones as defined in the policy, subject to a minimum of USD 500,000 per occurrence in total for all units of Insurance, except as respects Land Improvements Including Golf courses In which case a minimum deductible of USD 750,000 shall apply. USD 250,000 per occurrence for the peril of Earthquake, except; Flve percent (5%) of the value, per unit of Insurance, subject to a minimum USD 250,000 per occurrence, except as respects Land Improvements including Golf courses in which case a minimum deductible of USD 750,000 shall apply, at the time when such loss occurs at locations within (he state of California for the peril of Earthquake. This deductible shall apply only to those units of Insurance suffering a loss In the occurrence USD 250,000 per occurrence for the peril of Named Storm, except Flve percent (5%) of the value, per unit of Insurance, subject to a minimum of USD 250,000 in total for all units of insurance per occurrence, except a respects Land Improvements including Golf courses in which case a minimum deductible of USD 750,000 shall apply at the time when such loss occurs, a locations within Tier I Zones and within the State of Florida as defined in the policy for the peril of Named Windstorm. This deductible shall apply only to those units of Insurance suffering a lass in the occurrence. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 621 of 696 AGENCY CUSTOMER ID: CN102575767 ACCMCP LOC #: Boston ADDITIONAL REMARKS SCHEDULE Page 3 of 3 AGENCY MARSH USA, INC, NAMED INSURED American Golf Corporation 909 North Pacific Coat Highway, Suite 650 El Segundo, CA 90245 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 27 FORM TITLE• Evidence of Property Insurance ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 622 of 696 RESOLUTION NO. 2020 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE LEASE AND OPERATING AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND AMERICAN GOLF CORPORATION TO INCREASE GREEN FEES BY TWO DOLLARS EFFECTIVE APRIL 1, 2020 WHEREAS, in May 1984, the City and American Golf Corporation entered into a Lease and Operating Agreement for the National City Golf Course, and said Agreement was subsequently amended on various dates, with the last amendment occurring on August 2006; and WEREAS, per the Agreement, fees charged to patrons will be comparable to competing Southern California public golf courses; and WHEREAS, American Golf Corporation has submitted a request to increase green fees by $2 to become effective April 1, 2020; and WHEREAS, American Golf Corporation is requesting the fee increase to cover increased costs associated with maintenance and minimum wage; and WHEREAS, the increase in green fees will bring in an additional $7,900 in revenue to the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an Amendment to the Lease and Operating Agreement between the City of National City and American Golf Corporation to increase green fees by two dollars effective April 1, 2020. Said Amendment to the Agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this 17th day of March, 2020. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 623 of 696 CC/CDC-HA Agenda 3/17/2020 — Page 624 The following page(s) contain the backup material for Agenda Item: Public Hearing and Adoption of a Resolution regarding a Conditional Use Permit (CUP) for a new bar (Paradise VYBZ) to be located at 309 Highland Avenue and waiver of City Council Policy No. 707 conditions 14 and 15. (Applicant: Jean Dumont) (Case File No. 2020-02 CUP) (Planning) Please scroll down to view the backup material. 624 of 696 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 17, 2020 AGENDA ITEM NO. ITEM TITLE: Public Hearing and adoption of a Resolution regarding a Conditional Use Permit (CUP) for a new bar (Paradise VYBZ) to be located at 309 Highland Ave. and waiver of City Council Policy No, 707 conditions 14 and 15. (Applicant: Jean Dumont) (Case File No. 2020-02 CUP) PREPARED BY: Chris Stanley C -5. PHONE: 619-336-4381 EXPLANATION The applicant is applying for a CUP for a bar and live entertainment to be located at 309 Highland Ave. with proposed alcohol sales hours of 2 p.m. to 12 a.m. daily. DEPARTMENT: 'PI nnin Division APPROVED BY: The Planning Commission conducted a public hearing on March 2, 2020. Commissioners asked questions regarding noise, the sale of food, and security. The Commission voted to approve the CUP based on required findings and subject to Conditions of Approval. Included in the motion to approve was a recommendation to waive City Council Policy 707 conditions 14 and 15 related to the sale of food. The attached background report describes the project in detail. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Not a project per the California Environmental Quality Act as defined in Section 15378. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance . M I S STAFF RECOMMENDATION: ,Staff concurs with the decision of the Planning Commission and recommends approval of the CUP with the waiver of City Council Policy No. 707 conditions of approval 14 and 15. BOARD / COMMISSION RECOMMENDATION: the Planning Commission recommended approval. Ayes: Natividad, Garcia, Flores, Sendt Noes: Yamane, DelaPaz Absent: Baca ATTACHMENTS: 1. Background Report 2. Recommended Findings 3. Recommended Conditions 4. Overhead 5. Applicant's Plans 6. Public Hearina Notice 7. Census Tract & Beat Maps 8. Community Meeting Information 9. Department Comments 10. Planning Commission Staff Report and Resolution 11. Resolution 625 of 696 BACKGROUND REPORT Staff Recommendation Staff recommends approval of the on -site sale of beer and wine and live entertainment at a new bar "Paradise VYBZ", subject to the attached recommended conditions and the operation hours of 2 p.m. to 12 a.m. daily. The sale of alcohol and live entertainment is conditionally allowed in the Minor Mixed -Use Corridor zone. Staff also recommends the waiver of the requested City Council Policy conditions. Executive Summary The business has applied for a Conditional Use Permit (CUP) to operate a bar (Paradise VYBZ) for the on -site sale of beer and wine and, Alcoholic Beverage Control (ABC) Type 42 license. The proposed hours of operation by the applicant, were originally 2 p.m. to 2 a.m. daily. The applicant is also proposing live entertainment in the form of a DJ, which also requires a CUP. History The Planning Commission conducted a public hearing on March 2, 2020. Commissioners asked questions regarding noise, the sale of food, and security. The Commission voted to approve the CUP based on required findings and subject to Conditions of Approval, with a closing time of midnight and a new condition requiring the applicant to allow food purchased off -site to be consumed at the business. Site Characteristics The project location is an existing 1,600 square -foot retail space on the ground floor of a two story mixed -use building. The second story consists of two residential units. Commercial businesses are located north and south of the subject property and west across Highland Ave.; farther west, northeast, and southeast is single family residential; farther east is multi -family residential. Proposed Use The applicant is proposing to operate a bar for the on -site sale of beer and wine (Type 42). The floor plan provided with this application shows seven tables and a counter with 20 chairs. The proposed operation hours are from 2 p.m. to 2 a.m. daily. The applicant is proposing live entertainment in the form of a DJ that will perform on a raised platform in the rear, southeastern corner of the suite. ATTACHMENT 1 626 of 696 Analysis Alcohol and live entertainment section 18.30.050 of the Land Use Code (LUC) allows for the sale of alcoholic beverages and live entertainment with an approved CUP. A single entertainer performing musical work is permitted, but additional entertainers, dancing, audience participation, karaoke, or other live entertainment requires an approved CUP. Additional requirements for alcohol CUPs include expanded notification, a community meeting, and distance requirements. Mailing - All property owners and occupants within a distance of 660 feet are required to be notified of a public hearing for alcohol -related CUP applications. Notice of this public hearing was sent to 525 occupants and owners. Community Meeting - Pursuant to Section 18.30.050 (C) of the National City Zoning Code, a community meeting was held on Saturday, January 18, 2020 at 12 p.m. at the subject site. The meeting advertisement is attached (Attachment 8). There were no community members in attendance. According to the applicant, the same 525 occupants and owners that were notified of the Planning Commission meeting were notified of the community meeting. Distance Requirements - The LUC states that a business shall not be located within 660 feet of any public school. The closest public school is Central Elementary School, approximately 1,800 feet away. Alcohol Sales Concentration/Location - Per ABC, there are currently two on -sale licenses in this census tract (118.02) where a maximum of eight are recommended. For reference, the alcohol outlets in the census tract are: Name Address License Type* CUP Cabo Wabo Grill 831 E. 8th St. 40 N Mariscos El Tiburon 543 Highland Ave. 41 Y * Type 40 — On -Sale Beer * Type 41 — On -Sale Beer and Wine for Bona Fide Public Eating Place General Plan With the property being a mixed -use structure, with commercial on the ground level and residential on the second story, the potential impacts of amplified live entertainment must be addressed. Policy LU 3.7 limits the impacts from industrial or mixed -uses by establishing performance standards to regulate noise, glare, vibrations, odor, lighting, air pollution, and other potential disturbances. A condition regarding compliance with noise standards is attached. 2 627 of 696 Police Department Based on a Risk Assessment provided by the Police Department, Paradise VYBZ has a risk factor of 16 points, which is a medium risk (13-18 points) out of 24. Each category has a maximum of three points possible. Paradise VYBZ received three points for type of business (bar/night club), three points for hours of operation (closing after 11 pm), three points for entertainment (dancing/live music), and three points for crime rate (high). Institute for Public Strategies (IPS) IPS provided comments from nearby businesses; while no specific number of businesses were mentioned, or named, the ones interviewed by IPS were in opposition to the bar. IPS also provided considerations for if the CUP is approved: "high risk businesses", such as hookah lounges and bars can increase crime activity (Attachment 9); they also provide secondhand smoke health concerns. Required Findings for Approval The Municipal Code contains six required findings for CUPs as follows: The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code. The use is allowable within the Minor Mixed -Use Corridor zone pursuant to a CUP, and the proposed use meets the required guidelines in the LUC for the sale of alcoholic beverages and live entertainment, as discussed in the staff report. 2. The proposed use is consistent with the General Plan and any applicable specific plan. A condition that addresses concerns with noise will ensure conformance with Land Use Policy 3.7 and further in Table III of Title 12 (Noise) of the National City Municipal Code. 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity. The building is existing and not proposed to be expanded. Parking was recently added to the site to bring it into conformance. 4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints. 3 628 of 696 The site recently completed tenant improvements that brought the structure up to code, an example being additional parking on the property and an enclosed trash enclosure. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located. There are conditions limiting the hours of operation, noise, and requiring security for the establishment. 6. The proposed project has been reviewed in compliance with the CEQA. Per Section 15378, the project is not considered a project under CEQA, as no development is proposed; there is no physical impact as a result of the project. The following two conditions are also included with alcohol CUPs: 7. The proposed use is deemed essential and desirable to the public convenience or necessity. In this case, the applicant is proposing the bar as a craft beer and wine tavern in order to attract a specific market that is new to National City. 8. Based on findings 1 through 7 above, public convenience and necessity will be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. Conditions of Approval The Planning Division is requiring that the doors remain closed at all times due to potential noise impacts. All activities shall abide by the limitations contained in Table III of Title 12 (Noise) of the National City Municipal Code. In addition, standard Conditions of Approval have been included with this permit, as well as conditions specific to on -site alcohol sales per Council policy 707 (hours of operation, employee training, accessory sales, etc.). All conditions contained in Council policy 707 are typically required for new alcohol CUPs. However, the policy is geared towards retail food establishments that serve alcohol rather than bars. This is due to the City focusing on alcohol as an accessory use, rather than a primary use, due to historic problems associated with bars in the City in previous years. Therefore, certain policy conditions would need to be waived in order to approve this CUP. 4 629 of 696 Only the City Council may waive a policy condition, although it would be pertinent for the Planning Commission to make a recommendation one way or the other in the case of a waiver request. In order for the Council to waive or modify a condition, they would need to hold another public hearing after the Planning Commission makes its decision. The applicant is requesting the waiver of conditions 14 and 15 contained in City Council Policy 707 (recommended Conditions of Approval 8 & 9): • The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. • Alcohol shall be available only in conjunction with the purchase of food. The reason for the request is because alcohol sales and consumption would be the only function of the business. Therefore, there would be no sales of food, as stated in the condition. The Planning Commission was amenable to the waiver of the policy conditions and made the waiver recommendation as part of their motion to approve. Previous CUP approvals Novo Brazil, Embarcadero Brewing, and Over the Tap were granted waivers of the same two conditions. Discussion at the Planning Commission and City Council hearings for Novo Brazil and Embarcadero Brewing included traditional concerns related to alcohol -related impacts (over -consumption, public nuisance, etc.). However, it was understood that the nature of craft beer tasting rooms was counter to traditional bars or clubs, that they catered to a different clientele (e.g. craft beer connoisseurs), and was generally more expensive, thus offsetting any potential issues. Over the Tap was approved with the intent to cater to the craft beer market, which has been supported by the City through recent policies involving brewery tasting rooms. However the establishment is not be limited to any type of alcoholic beverage other than "beer and wine", nor would it be appropriate to limit as such. Therefore, there is no guarantee that the establishment will not become a standard bar. 5 630 of 696 Paradise VYBZ does differ from Over the Tap in the fact that the applicant is proposing live entertainment (DJ). The Planning Commission also added a condition requiring the applicant to allow outside food into the establishment. Summary The proposed beer and wine bar meets all of the requirements of the Zoning Ordinance due to alcohol sales for on -site consumption being a conditionally -allowed use in the Minor Mixed -Use Corridor zone. Further, the bar is consistent with the General Plan as there is a policy (LU 3.7), that sets standards to regulate noise; the Zoning Ordinance also regulates noise per Table III of Title 12 (Noise). The addition of alcohol sales is not expected to increase the demand for parking, other services on the property, or have any significant effects on the area. Conditions of approval are intended to offset potential impacts which may result from operation of the business. The proposed hours of operation are from 2 p.m. to 12 a.m. daily. Live entertainment is proposed with this CUP in the form of a DJ. Staff is recommending approval based on the findings of this report. Options The options available to the City Council are as follows: 1. Approve the item subject to the attached recommended findings and conditions of approval with the waiver of conditions (specific changes or omissions should be stated in the motion); or 2. Approve the item subject to the attached recommended findings and conditions of approval; or 3. Deny the item subject to findings to be made by the City Council; or, 4. Continue the item in order to request additional information. In the case of denial or approval without requesting the required waiver, staff will return with a substitute resolution at a subsequent date. 6 631 of 696 RECOMMENDED FINDINGS FOR APPROVAL 2020-02 CUP — 309 Highland Ave. 1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code because the use is allowable within the Minor Mixed -Use Corridor zone pursuant to a CUP, and the proposed use meets the required guidelines in the LUC for the sale of alcoholic beverages and live entertainment, as discussed in the staff report. 2. The proposed use is consistent with the General Plan and any applicable specific plan because a condition that addresses concerns with noise will ensure conformance with Land Use Policy 3.7 and further in Table III of Title 12 (Noise) of the National City Municipal Code. 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity because the building is existing and not proposed to be expanded. Parking was recently added to the site to bring it into conformance. 4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints because the site recently completed tenant improvements that brought the structure up to code, an example being additional parking on the property and an enclosed trash enclosure. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located because there are conditions limiting the hours of operation, noise, and requiring security for the establishment. 6. The proposed project has been reviewed in compliance with the CEQA because per Section 15378, the project is not considered a project under CEQA, as no development is proposed; there is no physical impact as a result of the project. 7. The proposed use is deemed essential and desirable to the public convenience or necessity because the applicant is proposing the bar as a craft beer and wine tavern in order to attract a specific market that is new to National City. ATTACHMENT 2 7 632 of 696 8. Based on findings 1 through 7 above, public convenience and necessity will be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. RECOMMENDED FINDINGS FOR DENIAL 2020-02 CUP — 309 Highland Ave. 1. The proposed use has the potential to cause noise impacts at late hours, which is inconsistent with General Plan Policy LU 3.7 in relation to noise standards in mixed - use zones. 2. The design, location, and operating characteristics of the proposed activity are incompatible with the existing and future land uses in the vicinity because the proposed hours of operation being until 2 a.m. daily and live amplified music could create a noise concern for existing and future residents of the second story residential units. 3. Granting the permit would constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located due to potential noise impacts to the residential uses on the second floor of the property as well as the potential increase in crime. 8 633 of 696 RECOMMENDED CONDITIONS OF APPROVAL 2020-02 CUP — 309 Highland Ave. General 1. This Conditional Use Permit authorizes a bar for the on -site sale of beer and wine at 309 Highland Ave. Plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2020-02 CUP, dated 9/24/2019. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner shall both sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Division that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Director of Community Development prior to recordation. 3. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of any Conditions of Approval. Planning 6. The bar, including live entertainment, shall be permitted only between the hours of 2 p.m. to 12 a.m. daily. 7. The project shall have all necessary federal, state, or county permits prior to the opening of the business. 8. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to ATTACHMENT 3 9 634 of 696 examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential (waiver request). 9. Alcohol shall be available only in conjunction with the purchase of food (waiver request). 10. Patrons of the establishment shall be permitted to bring in outside food for consumption within the business, subject to the discretion (related to the manner in which food is consumed) of the proprietor. 11. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies 12. Alt doors shall remain closed at all times due to the potential noise impacts. 13. No person under the age of twenty-one years of age may enter the premises. 14, AII activities shall abide by the limitations contained in Table III of Title 12 (Noise) of the National City Municipal Code. 15. Security shall be provided by the establishment during live entertainment performances to assure that there are no disturbances. 16. The bar will need an approved business license and any issues from the Building and Neighborhood Services Divisions addressed before it can operate. Fire 17. Project shall be designed to the current editions of NFPA, CFC and CCR. Building 18.Any non -permitted work will need an approved building permit and need to be finaled by all departments before the bar can operate. 10 635 of 696 2020-02 CUP —309 Highland Ave. — Overhead N ATTACHMENT 4 11 636 of 696 5 a w w z m 0 z 13 a a 0 W O U 8 o,. 4 s�i vent 0= o.w OS W IUU�11+ W M Ov1 rn m m ax 0 a ww (] I rn w a ¢r _ ay O p� 3 oLL o o hL th w m z¢ y a aa pm111 fJ WD 0 E 00 L ¢W¢ N z¢ m 0 m ¢rwr N F 2; 0 OF O 20 v w3 m ww m ¢> = O0j o 002 z� uNi y'a m as oz 'm as 8 a° o+ wg c zPi+ a N em o Z a m v o �w rn O N� o ed rn o av�i L tag OIV,sION si Ot �1" 0 P. 0 =il -1 I "1'-I O i IJ ay oaIIII u" e s iN I1L PI P FIasT ,4+ li I 01 0 0 coo oo®o IOr4 g4ll AO ._ I.,5: 1..1 I I I ; 3 "` °° O•" 0 J" ,L -F 4r0UHTa 0 0 0 +O + 0 tO Or 0 m afiA sIE �_.��:lw�{'SLE SIXTH /W I"ri I I r 1 I•'Y"-+.. • t b ti I a,a -rose n feo' Ia' ro laga 0L 01 1aJ 1CI lI tF9..1„6J., ST O- O_ r0 0 gN 1(•J . 0 • OLFb' 1 '•O 5 245 �Vpr0001g2 - � � 160000 1 - n; e7 1 . 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LEGAL DESCRIPTION: tmtaidi.eam ,s Nal,nna: ;au,.9 tF,.uae msQ saalaacOra 1 ann9 Altedena Properties LLC No Mike Delto 5075 Federal Blvd, San Diego, California 92102 Jean Dumont I Hookah Paradise LLC 309 Highland Ave, National Cily, CA 91950 556-180.18.00 000098 BLK 8•LOTS 3&4'POR IN ALLEY CM ADJ&IN LOTS 17&188ALL OF ARCHITECT: ARTURO OUJO, AIA Investigations & Development of Experimental Architecture (I.D.E.A.) 2404 broadway, third floor,san diego, CA 92102 C/T: (858)220-6964 / email: arturo@id3a.design PROPERTY SUMMARY REPORT APN: ADDRESS: 556-180-18-00 309 HIGHLAND AVE 11 NATIONAL CtTy CA 91950.1519 ZONE DESIGNATION: Zone MXC-1 "Minor Mixed Use Corridor (in accordance with Section 18.30.230) DISCRETIONARY PERMIT 18,30.230- Tobacco specially businesses REQUIRED: Tobacco spedally businesses, where penolned pursuant to the Land Use Code, shall comply with the following standards: 1. A candelanai use permit is required. 2. The business shall not be located wllhin one thousand feet of any school, playground, recreation center or facility, dtidcare center, or library m the City 2 of National City. A, 3. No alcohol or food may be sold or consumed on the +4` 'n premises. .21 .i4 4. No person under the age of twenty-one years of age may enter the premises unless that person Is `- accompanied by his or her parent or legal guardian. LOT SIZE: 10,533 SF BUILDING TYPE: 2 Slory Wood Framed 0 2404 Broadway,Third Floor, San Die HOOKAH PARADISE LLC CONDITIONAL USE PERMIT @ 309 Highland Ave, National City, CA 91950 EXHIBIT: A CASE RLE Na: tot.0-O3 CLp DATE: I-29'111 SCOPE OF WORK CONDITIONAL USE PERMIT APPLICATION & TENANT IMPROVEMENT OF (E) BUSINESS USE SPACE FOR TOBACCO SPECIALTY PRODUCTS SALES AND CONSUMPTION -1,604 SF SHEET INDEX Sheet Sheet Number Sheet Name Issue Date Revision TS TITLE SHEET 09/08/19 A1,1 FLOOR PLAN & ELEVATION 09/08/19 ATTACHMENT 5 No. Desert pion Date TITLE SHEET Project number 19-0524 Dale 09/06/19 Drawn by CT Chador( by AO TS As indicated 637 of 696 P ¢ O ti E a ti p x U 0 0 O U S p U r z O p ax O- w mm Oa ti a.w Ox wm G N a Joy m w > oi O rx- 17 w x rn of w r'v 2 ¢m d ww c >+ N p m 2 pl a S � am O pJ m OLL Z4¢ N O� o ar�j z¢ m as omw p pp LL L � O o ¢y N a� y z W m 30. � ¢w a m¢ • >3 4mi mi 9 o o oo U m� m �¢ = po R W 1' r 3 g = p ?o z� r N 2[6('11 m NF 2 gm • 0 • s zm 0_ o Qo nni 3 ao „. O ZY d m p O am rn O am 55'- 5316• [16.9 m] RETAIL COUNTER MAIN ENTRANCE DOOR BAR LOUNGE. 12 I 1442 SF )STORAGE 11 I 26 SF -l� (9)ELECTRICA 71 -ROOM---- i�� J� J^ 34SF U • EXISTING VESTIBULE Inn work In this areal ELEC. METER 27'-11 3/6. [6.52 m] L — (E)RESTROOM 10 _85 SF_ 11' -5 12 [3.49 m] EXIT DOOR 6" H RAISED PLATFORM 16'-012'14.89 m) 55'-53R [16.9 m] (�) GROUND FLOOR CONSTRUCTION PLAN 1/4" =1'-0" Sign Max. Area @ 271 SqFt (30% of Frontage Face Area @ 903 sgft) (i) West Elevation 1/4" = 1'-0" \ N a 35-412'[10.76m] R b- PROPSED SIGNAGE Parapet Upper Rcof AIL 22' - 0" `J Lower Ro,:.LAIL 12'-0" 'Jr per Levela-, 9'-111/2" 'J GROUND LEVE-, Cr - 0" E 4' • 11 1/7 [1.51 m1 4' 8' project north IED 16' 18.47.070 LARGE PERMANENT SIGNS IN COMMERCIAL, INDUSTRIAL, MIXED -USE AND INSTITIONAL ZONES A. Specifications and Restrictions Except in shopping centers, large permanent signs (those exceeding 25 square feet in area) may be installed on or along the face of a building in commercial, and commercial uses in a mixed -use zone, industrial or institutional zones, subject to the following specifications and restrictions: Chapter Division 4 National City Municipal Code • Title 18 General Design and Development Regulations Land Use Code • General Design and Development Regulations JanuaryMay, 2011 4-61 1. Signs shall be limited to one sign per business premise per frontage along a street, freeway, or parking lot. 2. Sign area on the primary frontage shall not exceed 30 percent of the area of the building face or four square feet of sign for each linear foot of building face along that frontage, whichever is greater. 3. Sign area on a secondary frontage shall not exceed 15 percent of the area of the building face or two square fee[ per linear foot of secondary frontage, whichever is greater. 4. The sign face shall not be located, such as by a cabinet, deep lettering, or architectural feature, more than 18 inches from a building face unless an exception is approved pursuant to site plan review. 2404 Broadway,Thlyd Floor, San Dle HOOKAH PARADISE LLC CONDITIONAL USE PERMIT @ 309 Highland Ave, National City, CA 91950. CA 91950 No. Description Dale FLOOR PLAN & ELEVATION Project number 19-0524 Date 09/08/19 Drawn by CT Checked by AO A1.1 1/4" = 1'-0" 13 638 of 696 +}-e CALIFORNIACity � r N AT �� i NAL C1 ty lotv I*CORiP0RATED COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING DIVISION 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR THE ON -SITE SALE OF BEER AND WINE AT A BAR (PARADISE VYBZ) LOCATED AT 309 HIGHLAND AVE. CASE FILE NO.: 2020-02 CUP APN: 556-180-18 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, March 2, 2020, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Jean Dumont) The project site is a bar proposing to serve beer and wine for on -site sale and consumption in an existing 1,600 square -foot commercial space in the Minor Mixed -Use Corridor (MXC-1) zone. The proposed operation hours are 2 p.m. to 2 a.m. daily. The applicant is also proposing live entertainment in the form of a DJ. Information is available for review at the City's Planning Division, Civic Center. Members of the public are invited to comment. Written comments should be received on or before 12:00 p.m., March 2, 2020 by the Planning Division, who can be contacted at 619-336-4310 or planninq(a nationalcityca.gov. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. N • ► L CITY PLANNING DIVISION ADO VERGARA Di or of Community Development ATTACHMENT 6 14 639 of 696 August 25.2V14 1:45,487 n uurs oro 2 km 1.s,m / Sources: e=*ER Survey, F�ri Japan, METI, Esd China (Hong Kong), swisstopo, Mapmylndia, C OpenStreetMap contributors, and theGISUserCommunity 15 GtaLa-St, Henderson Recreation Center k. `x isQf O hey Pik WW m �1'' j� \ :t Les Palmas , /`� ipyriOt0Rnd(P}� 6=2006MicIdisollCorp r n fan. or r-„suppliers Alinghts6eserved:' :70 s®,ONO-20�85' tall£0OfSoirreCorporation. Alld. M rers�erved. dainminpng-and lrection-datao200_' V1 Q.11rights reservedJ .VTE0andNAVTE4cli.lul�aretradem0tisFofNAVTEO),®2005TeleAtlasNorthAmerica, Inc.( All righlstreserved. Tele%Ti s and xelerAtid orth\Amenca are trdemaad< ofTele Atlas Inc. \` �! \\ 41 Source: Microsoft Mappoint NCPD CAU, 4/18/07 City of National City Beat 21 16 641 of 696 RECEIVED ZOZD .,1 ri`F A>-N ,, o 3.0 i Li 11'j. AL CITY Hookah Paradise LLC 309 Highland Ave National City CA 91950-1519 To Our Neighbors, This notification is to make you aware that we intend to open a bar at the following location, 309 Highland Ave, National City CA 91950-1519. A community meeting will be held on Saturday January 18th, 2020 at 12pm for our surrounding neighbors at the location listed above. A brief presentation will be made about this project and your presence would be greatly appreciated. Thank you for your time and attention, Hookah Paradise LLC Jean Andre Dumont Natalie Dumont ATTACHMENT 8 17 642 of 696 NATIONAL CITY POLICE DEPARTMENT ALCOHOL BEVERAGE CONTROL RISK ASSESSMENT DATE: 01/29/2020 BUSINESS NAME: Paradise VYBZ ADDRESS: 309 Highland Ave, National City, CA 91950 OWNER NAME: Jean Andre Dumont DOB: 09/20/1977 OWNER ADDRESS: 8386 Golden Avenue, Lemon Grove, 91945 (add additional owners on page 2) I. Type of Business Restaurant (1 pt) Market (2 pts) Bar/Night Club (3 pts) Tasting Room (lpt) II. Hours of Operation Daytime hours (1 pt) Close by 1 1pm (2 pts) Close after 11 pm (3 pts) III. Entertainment Music (1 pt) Live Music (2 pts) Dancing/Live Music (3 pts) No Entertainment (0 pts) IV. Crime Rate Low (1 pt) Medium (2 pts) High (3 pts) V. Alcohol Businesses per Census Tract 1 Below (1 pt) Average (2 pts) Above (3 pts) Revised: 8/16 Notes: V. 8 on sale licenses are allotted. There are currently 2 active licenses for the tract. ATTACHMENT 9 18 643 of 696 National City Police Department ABC Risk Assessment VI. Calls for Service at Location (for previous 6 months) ✓ Below (1 pt) Average (2 pts) Above (3 pts) VII. Proximity Assessment (1/4 mile radius of location) Mostly commercial businesses (1 pt) ,/ Some businesses, some residential (2 pts) Mostly residential (3 pts) VIII. Owner(s) records check ,/ No criminal incidents (0 pts) Minor criminal incidents (2 pts) Multiple/Major criminal incidents (3 pts) OWNER NAME: DOB: Low Risk ( 12pts or less) Medium Risk (13 — 18pts) High Risk (19 — 24pts) Total Points 16 OWNER ADDRESS: OWNER NAME: DOB: OWNER ADDRESS: Recommendation: Completed by: Sgt. W. Walters Revised: 8/16 2 of 2 Badge ID: 398 19 644 of 696 I PS SOUTH BAY Environmental Scan for a National City CUP for Beer and Wine Paradise VYBZ 309 Highland Avenue, National City, CA 91950 February 3, 2020 Photo of the proposed Location for the Paradise VYBZ An environmental scan was conducted on Monday, February 3, 2020 because Paradise VYBZ is applying for CUP for beer and wine to be sold at a bar for purchase and consumption on premises (Paradise VYBZ) located at 309 Highland Avenue, National City 91950. The applicant is proposing a bar in a 1,600 square -foot commercial space in a minor mixed corridor zone. The proposed hours for the sale of operation hours are 2:00 p.m. to 2:00 a.m. daily with live entertainment. Their application does not specific whether food or beverages will be sold. There will be an estimated 3 employees per day. During a scan of the business and premises, the following was noted: The business is located in a minor mixed -use corridor zone in close proximity to other local businesses, single-family residence and multi -housing units. Funded by the San Diego County Health and Human Services Agency 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www_publicstrategies. org 20 645 of 696 Youth Sensitive Areas La Maestra Health Clinic Churches No nearby churches in the area. Outlet Density According to the ABC, three (3) on -sale licenses are authorized for Census Tract 0118.02, which is the census track where 309 Highland Ave., National City is located. r g ▪ CI ten▪ . - t' o National Cit [• G Seafood City H or neTown Buffet 0 Supermarket o Walrriart Supercenter v a' Go g i a e3 Maps data ©2018 0 c.o,gie Green Arrow and t =s.cen depict the applicant's location: 309 Highland Avenue in National City. depict existing alcohol outlets in the applicant's census tract as well as other nearby census tracts. Map from ABC.CA.Gov Website Showing Alcohol Outlets in National City Yellow Circles Census Tracts Off -Sale On -Sale Census Tract 0118.02 Establishment is within this tract Allowed: (8) Actual: (5) Number Above/Below Allowable: -3 Allowed: (4) Actual: (2) Above/Below: -2 21 646 of 696 Community Input • I spoke with a business owner approximately 20 feet away and their concerns were: - Having the bar near their business and residence means they would be promoting poison. - Has the same concerns when this Iocation was interested in having a Hookah bar. - The operating hours of that potential business will be very harmful - Business owner lives in the building, this would affect their family. - Feels that with the Birthday and special celebration parties they would have would bring loud music and would be very disturbing to their community. • I also spoke with several other business owners and residents within 300 feet of the proposed bar. They are highly opposed to Paradise VBYZ getting a permit to conduct a bar at 309 Highland Avenue, National City 91950. Crime Rate The crime rate is unknown for this location. A follow up request for this information from personnel within the City of National City Police Department, may result in obtaining the crime rate for this location. Considerations The following are considerations if a CUP is issued: 1. Require that staff, management, and owner attend the In -Person LEAD Responsible Beverage Sales and Service training. Below is the Alcohol Beverage Control website for future trainings. https://www.tracelead.abc. ca.gov/traceleadpublic/register/screens/AvailableClasses.aspx 2. To prevent the establishment from transforming into a night club, which could increase crime and nuisance problems, require that the restaurant always provide lunch and dinner and have hours of operation only between 2 p.m. and 12 a.m., daily. 22 647 of 696 Title: N d r 4*. CALIFORNIA virrt S N L Cflr INCORPORATOR COMMUNITY DEVELOPMENT DEPARTMENT- PLANNING DIVISION 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Item no. 3 March 2, 2020 PUBLIC HEARING — CONDITIONAL USE PERMIT FOR THE ON -SITE SALE OF BEER AND WINE AND LIVE ENTERTAINMENT AT A NEW BAR (PARADISE VYBZ) LOCATED AT 309 HIGHLAND AVE. Case File No.: 2020-02 CUP Location: 309 Highland Ave. Assessor's Parcel Nos.: 556-180-18 Staff report by: Chris Stanley, Assistant Planner Applicant: Jean Dumont Zoning designation: Minor Mixed -Use Corridor (MXC-1) Adjacent use and zoning: North: Single -Family Residential and Commercial (Foodland) / MXC-1 and RS-2 (Small Lot Residential) East: Single -Family Residential, Commercial, and Multifamily Residential (Villa Real) / MXC-1, RS-2, and RM-2 (High Density Multi -Unit Residential) South: Single -Family Residential and Commercial / MXC-1 and RS-2 West: Single -Family Residential and Commercial across Highland Ave. / MXC-1 and RS-2 Environmental review: Not a project per California Environmental Quality Act (CEQA) as defined in Section 15378 Staff recommendation: Approval ATTACHMENT 10 23 648 of 696 Planning Commission Meeting of March 2, 2020 Page 2 Staff Recommendation Staff recommends approval of the on -site sale of beer and wine and live entertainment at a new bar "Paradise VYBZ", subject to the attached recommended conditions and the operation hours of 2 p.m. to 12 a.m. daily. The sale of alcohol and live entertainment is conditionally allowed in the Minor Mixed -Use Corridor zone. Executive Summary The business has applied for a Conditional Use Permit (CUP) to operate a bar (Paradise VYBZ) for the on -site sale of beer and wine and, Alcoholic Beverage Control (ABC) Type 42 license. The proposed hours of operation by the applicant, are 2 p.m. to 2 a.m. daily. The applicant is also proposing live entertainment in the form of a DJ, which also requires a CUP. Site Characteristics The project location is an existing 1,600 square -foot retail space on the ground floor of a two story mixed -use building. The second story consists of two residential units. Commercial businesses are located north and south of the subject property and west across Highland Ave.; farther west, northeast, and southeast is single family residential; farther east is multi -family residential. Proposed Use The applicant is proposing to operate a bar for the on -site sale of beer and wine (Type 42). The floor plan provided with this application shows seven tables and a counter with 20 chairs. The proposed operation hours are from 2 p.m. to 2 a.m. daily. The applicant is proposing live entertainment in the form of a DJ that will perform on a raised platform in the rear, southeastern corner of the suite. Analysis Alcohol and live entertainment section 18.30.050 of the Land Use Code (LUC) allows for the sale of alcoholic beverages and live entertainment with an approved CUP. A single entertainer performing musical work is permitted, but additional entertainers, dancing, audience participation, karaoke, or other live entertainment requires an approved CUP. Additional requirements for alcohol CUPs include expanded notification, a community meeting, and distance requirements. 24 649 of 696 Planning Commission Meeting of March 2, 2020 Page 3 Mailing - All property owners and occupants within a distance of 660 feet are required to be notified of a public hearing for alcohol -related CUP applications. Notice of this public hearing was sent to 525 occupants and owners. Community Meeting - Pursuant to Section 18.30.050 (C) of the National City Zoning Code, a community meeting was held on Saturday, January 18, 2020 at 12 p.m. at the subject site. The meeting advertisement is attached (Attachment 7). There were no community members in attendance. According to the applicant, the same 525 occupants and owners that were notified of the Planning Commission meeting were notified of the community meeting. Distance Requirements The LUC states that a business shall not be located within 660 feet of any public school. The closest public school is Central Elementary School, approximately 1,800 feet away. Alcohol Sales Concentration/Location - Per ABC, there are currently two on -sale licenses in this census tract (118.02) where a maximum of eight are recommended. For reference, the alcohol outlets in the census tract are: Name Address License Type* CUP Cabo Wabo Grill 831 E. 8th St. 40 N Mariscos El Tiburon 543 Highland Ave. 41 Y * Type 40 — On -Sale Beer * Type 41 — On -Sale Beer and Wine for Bona Fide Public Eating Place General Plan With the property being a mixed -use structure, with commercial on the ground level and residential on the second story, the potential impacts of amplified live entertainment must be addressed. Policy LU 3.7 limits the impacts from industrial or mixed -uses by establishing performance standards to regulate noise, glare, vibrations, odor, lighting, air pollution, and other potential disturbances. A condition regarding compliance with noise standards is attached. Police Department Based on a Risk Assessment provided by the Police Department, Paradise VYBZ has a risk factor of 16 points, which is a medium risk (13-18 points) out of 24. Each 25 650 of 696 Planning Commission Meeting of March 2, 2020 Page 4 category has a maximum of three points possible. Paradise VYBZ received three points for type of business (bar/night club), three points for hours of operation (closing after 11 pm), three points for entertainment (dancing/live music), and three points for crime rate (high). Institute for Public Strategies (IPS) IPS provided comments from nearby businesses; while no specific number of businesses were mentioned, or named, the ones interviewed by IPS were in opposition to the bar. IPS also provided considerations for if the CUP is approved: "high risk businesses", such as hookah lounges and bars can increase crime activity (Attachment 9); they also provide secondhand smoke health concerns. Required Findings for Approval The Municipal Code contains six required findings for CUPs as follows: 1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code. The use is allowable within the Minor Mixed -Use Corridor zone pursuant to a CUP, and the proposed use meets the required guidelines in the LUC for the sale of alcoholic beverages and live entertainment, as discussed in the staff report. 2. The proposed use is consistent with the General Plan and any applicable specific plan. A condition that addresses concerns with noise will ensure conformance with Land Use Policy 3.7 and further in Table III of Title 12 (Noise) of the National City Municipal Code. 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity. The building is existing and not proposed to be expanded. Parking was recently added to the site to bring it into conformance. 26 651 of 696 Planning Commission Meeting of March 2, 2020 Page 5 4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints. The site recently completed tenant improvements that brought the structure up to code, an example being additional parking on the property and an enclosed trash enclosure. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located. There are conditions limiting the hours of operation, noise, and requiring security for the establishment. 6. The proposed project has been reviewed in compliance with the CEQA. Per Section 15378, the project is not considered a project under CEQA, as no development is proposed; there is no physical impact as a result of the project. The following two conditions are also included with alcohol CUPs: 7. The proposed use is deemed essential and desirable to the public convenience or necessity. In this case, the applicant is proposing the bar as a craft beer and wine tavern in order to attract a specific market that is new to National City. 8. Based on findings 1 through 7 above, public convenience and necessity will be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. Findings for Denial 1. The proposed use has the potential to cause noise impacts at late hours, which is inconsistent with General Plan Policy LU 3.7 in relation to noise standards in mixed -use zones. 27 652 of 696 Planning Commission Meeting of March 2, 2020 Page 6 2. The design, location, and operating characteristics of the proposed activity are incompatible with the existing and future land uses in the vicinity because the proposed hours of operation being until 2 a.m. daily and live amplified music could create a noise concern for existing and future residents of the second story residential units. 3. Granting the permit would constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located due to potential noise impacts to the residential uses on the second floor of the property as well as the potential increase in crime. Conditions of Approval The Planning Division is requiring that the doors remain closed at all times due to potential noise impacts. All activities shall abide by the limitations contained in Table III of Title 12 (Noise) of the National City Municipal Code. In addition, standard Conditions of Approval have been included with this permit, as well as conditions specific to on -site alcohol sales per Council Policy 707 (hours of operation, employee training, accessory sales, etc.). All conditions contained in Council Policy 707 are typically required for new alcohol CUPs. However, the policy is geared towards retail food establishments that serve alcohol rather than bars. This is due to the City focusing on alcohol as an accessory use, rather than a primary use, due to historic problems associated with bars in the City in previous years. Therefore, certain policy conditions would need to be waived in order to approve this CUP. Only the City Council may waive a policy condition, although it would be pertinent for the Planning Commission to make a recommendation in the case of a waiver request. In order for the Council to waive or modify a condition another public hearing would have to be held after the Planning Commission makes its decision. The applicant is requesting the waiver of the following two conditions: 14. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by 28 653 of 696 Planning Commission Meeting of March 2, 2020 Page 7 employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 15. Alcohol shall be available only in conjunction with the purchase of food. The reason for the request is because alcohol sales and consumption would be the only function of the business. Therefore, there would be no sales of food, as stated in the condition. Novo Brazil, Embarcadero Brewing, and Over the Tap were granted waivers of the same two conditions. Discussion at the Planning Commission and City Council hearings for Novo Brazil, Embarcadero Brewing, and Over the Tap included concerns related to alcohol -related impacts (over -consumption, public nuisance, etc.). However, it was understood that the nature of craft beer tasting rooms was counter to traditional bars or clubs, that they catered to a different clientele (e.g. craft beer connoisseurs), and were generally more expensive, thus offsetting any potential issues. The business in question is not intended to cater to the craft beer market, which has been supported by the City through recent policies involving brewery tasting rooms. However, as stated above, Novo Brazil, Embarcadero Brewing, and Over the Tap were not limited to any type of alcoholic beverage other than "beer and wine", nor would it be appropriate to limit as such; therefore, there is no guarantee that they will not become a standard bar in the future. Summary The proposed beer and wine bar meets all of the requirements of the Zoning Ordinance due to alcohol sales for on -site consumption being a conditionally - allowed use in the Minor Mixed -Use Corridor zone. Further, the bar is consistent with the General Plan as there is a policy (LU 3.7), that sets standards to regulate noise; the Zoning Ordinance also regulates noise per Table III of Title 12 (Noise). The addition of alcohol sales is not expected to increase the demand for parking, other services on the property, or have any significant effects on the area. Conditions of approval are intended to offset potential impacts which may result from operation of the business. The proposed hours of operation are from 2 p.m. to 2 a.m. daily. Live entertainment is proposed with this CUP in the form of a DJ. Staff is recommending approval based on the findings of this report. 29 654 of 696 Planning Commission Meeting of March 2, 2020 Page 8 Options 1. Approve 2020-02 CUP subject to conditions based on findings to be determined by the Planning Commission; or 2. Deny 2020-02 CUP based on the attached finding or findings to be determined by the Planning Commission; or, 3. Continue the item to a specific date in order to obtain additional information. Attachments 1. Recommended Findings 2. Recommended Conditions 3. Overhead 4. Applicant's Plans (Exhibit A, Case File No. 2020-02 CUP, dated 9/24/2019) 5. Public Hearing Notice (Sent to 525 property owners & occupants) 6. Census Tract & Police Beat Maps 7. Community Meeting Advertisement 8. City Council Policy 707 9. Police Department Comments 10. IPS Comments 11. Resolutions CHRIS STANLEY AR VERGARA Assistant Planner Director of Community Development 30 655 of 696 RESOLUTION NO. 2020-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA APPROVING A CONDITIONAL USE PERMIT FOR THE ON -SITE SALE OF BEER AND WINE AT A BAR (PARADISE VYBZ) LOCATED AT 309 HIGHLAND AVE. CASE FILE NO. 2020-02 CUP APN: 556-180-18 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for the on -site sale of beer and wine at a bar located at 309 Highland Ave. at a duly advertised public hearing held on March 2, 2020, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2020-02 CUP 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 law and City law. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on March 2, 2020, support the following findings: 1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code because the use is allowable within the Minor Mixed -Use Corridor zone pursuant to a CUP, and the proposed use meets the required guidelines in the LUC for the sale of alcoholic beverages and live entertainment, as discussed in the staff report. 2. The proposed use is consistent with the General Plan and any applicable specific plan because a condition that addresses concerns with noise will ensure conformance with Land Use Policy 3.7 and further in Table III of Title 12 (Noise) of the National City Municipal Code. 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity because the building is existing and not proposed to be expanded. Parking was recently added to the site to bring it into conformance. 31 656 of 696 4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints because the site recently completed tenant improvements that brought the structure up to code, an example being additional parking on the property and an enclosed trash enclosure. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located because there are conditions limiting the hours of operation, noise, and requiring security for the establishment. 6. The proposed project has been reviewed in compliance with the CEQA because per Section 15378, the project is not considered a project under CEQA, as no development is proposed; there is no physical impact as a result of the project. 7. The proposed use is deemed essential and desirable to the public convenience or necessity because the applicant is proposing the bar as a craft beer and wine tavern in order to attract a specific market that is new to National City. 8. Based on findings 1 through 7 above, public convenience and necessity will be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application for a Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes a bar for the on -site sale of beer and wine at 309 Highland Ave. Plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2020-02 CUP, dated 9/24/2019. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner shall both sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Division that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the 32 657 of 696 Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Director of Community Development prior to recordation. 3. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in the Municipal Code, 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of any Conditions of Approval. Planning 6. The bar, including live entertainment, shall be permitted only between the hours of 2 p.m. to 12 a.m. daily. 7. The project shall have all necessary federal, state, or county permits prior to the opening of the business. 8. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential (waiver request), 9. Alcohol shall be available only in conjunction with the purchase of food (waiver request). 10. Patrons of the establishment shall be permitted to bring in outside food for consumption within the business, subject to the discretion (related to the manner in which food is consumed) of the proprietor, 11.AII sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make 33 658 of 696 available a domestic violence training session as provided by the Institute of Public Strategies 12. All doors shall remain closed at all times due to the potential noise impacts. 13. No person under the age of twenty-one years of age may enter the premises. 14.AII activities shall abide by the limitations contained in Table 11I of Title 12 (Noise) of the National City Municipal Code. 15. Security shall be provided by the establishment during live entertainment performances to assure that there are no disturbances. 16. The bar will need an approved business license and any issues from the Building and Neighborhood Services Divisions addressed before it can operate. Fire 17. Project shall be designed to the current editions of NFPA, CFC and CCR. Building 18.Any non -permitted work will need an approved building permit and need to be finaled by all departments before the bar can operate. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. 34 659 of 696 CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of March 2, 2020, by the following vote: AYES:Natividad, Flores, Sendt, Garcia NAYS: Dela Paz, Yamane ABSENT: Baca ABSTAIN: None. cY-&- __ CHAIRPERSON 35 660 of 696 RESOLUTION NO. 2020 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR A NEW BAR AND LIVE ENTERTAINMENT (PARADISE VYBZ) TO BE LOCATED AT 309 HIGHLAND AVENUE AND WAIVER OF CITY COUNCIL POLICY NO. 707 CONDITIONS 14 AND 15. CASE FILE NO. 2020-02 CUP APN: 556-180-18 WHEREAS, the City Council of the City of National City considered a Conditional Use Permit for a new bar and live entertainment located at 309 Highland Avenue at a duly advertised public hearing held on March 17, 2020, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the City Council considered the staff report contained in Case File No. 2020-02 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, City Council Policy 707 requires that alcohol for on -site consumption only be sold in conjunction with the sale of food, and that annual alcohol sales not exceed the annual sales of food; and WHEREAS, the applicant does not propose to sell food and has requested that Conditions of Approval numbers 8 and 9, which require alcohol to be accessory to food sales, be waived; and, WHEREAS, only the City Council may, at its sole discretion, choose to waive or modify any of the conditions contained in City Council Policy 707. WHEREAS, the Planning Commission of the City of National City considered the Conditional Use Permit application at a duly advertised public hearing held on March 2, 2020, at which time the Commission recommended approval of the Conditional Use Permit; and, WHEREAS, the Planning Commission, as part of their action, made a recommendation to the City Council that conditions 8 and 9 related to accessory alcohol sales be waived; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. 661 of 696 Resolution No. 2020 — Page Two NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that the evidence presented to the City Council at the public hearing held on March 17, 2020, support the following findings: 1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code because the use is allowable within the Minor Mixed -Use Corridor zone pursuant to a CUP, and the proposed use meets the required guidelines in the LUC for the sale of alcoholic beverages and live entertainment, as discussed in the staff report. 2. The proposed use is consistent with the General Plan and any applicable specific plan because a condition that addresses concerns with noise will ensure conformance with Land Use Policy 3.7 and further in Table III of Title 12 (Noise) of the National City Municipal Code. 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity because the building is existing and not proposed to be expanded. Parking was recently added to the site to bring it into conformance. 4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints because the site recently completed tenant improvements that brought the structure up to code, an example being additional parking on the property and an enclosed trash enclosure. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located because there are conditions limiting the hours of operation, noise, and requiring security for the establishment. 6. The proposed project has been reviewed in compliance with the CEQA because per Section 15378, the project is not considered a project under CEQA, as no development is proposed; there is no physical impact as a result of the project. 662 of 696 Resolution No. 2020 — Page Three 7. The proposed use is deemed essential and desirable to the public convenience or necessity because the applicant is proposing the bar as a craft beer and wine tavern in order to attract a specific market that is new to National City. 8. Based on findings 1 through 7 above, public convenience and necessity will be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes a bar for the on -site sale of beer and wine at 309 Highland Ave. Plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2020-02 CUP, dated 9/24/2019. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner shall both sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Division that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Director of Community Development prior to recordation. 3. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of any Conditions of Approval. 663 of 696 Resolution No. 2020 — Page Four Planning 6. The bar, including live entertainment, shall be permitted only between the hours of 2 p.m. to 12 a.m. daily. 7. The project shall have all necessary federal, state, or county permits prior to the opening of the business. 8. Patrons of the establishment shall be permitted to bring in outside food for consumption within the business, subject to the discretion (related to the manner in which food is consumed) of the proprietor. 9. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies 10.AI1 doors shall remain closed at all times due to the potential noise impacts. 11. No person under the age of twenty-one years of age may enter the premises. 12.AII activities shall abide by the limitations contained in Table III of Title 12 (Noise) of the National City Municipal Code. 13. Security shall be provided by the establishment during live entertainment performances to assure that there are no disturbances. 14. The bar will need an approved business license and any issues from the Building and Neighborhood Services Divisions addressed before it can operate. 15. The proposed alcohol sales, service, and consumption shall abide by all applicable rules and regulations as stated by the California Department of Alcoholic Beverage Control (ABC). In the case that any of these conditions violate any laws, rules, or regulations administered by ABC, the laws, rules, or regulations shall govern. Fire 16. Project shall be designed to the current editions of NFPA, CFC and CCR. 664 of 696 Resolution No. 2020 — Page Five Building 17.Any non -permitted work will need an approved building permit and need to be finaled by all departments before the bar can operate. Police 18. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, serving, and consumption of alcoholic beverages. BE IT FURTHER RESOLVED that this Resolution shall become effective, final, and conclusive on the day following the City Council meeting where this Resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. PASSED and ADOPTED this 17th day of March, 2020. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 665 of 696 RESOLUTION NO. 2020 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR A NEW BAR AND LIVE ENTERTAINMENT (PARADISE VYBZ) TO BE LOCATED AT 309 HIGHLAND AVENUE WITH NO WAIVER OF CITY COUNCIL POLICY NO. 707 CONDITIONS 14 AND 15. CASE FILE NO. 2020-02 CUP APN: 556-180-18 WHEREAS, the City Council of the City of National City considered a Conditional Use Permit for a new bar and live entertainment located at 309 Highland Avenue at a duly advertised public hearing held on March 17, 2020, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the City Council considered the staff report contained in Case File No. 2020-02 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, City Council Policy 707 requires that alcohol for on -site consumption only be sold in conjunction with the sale of food, and that annual alcohol sales not exceed the annual sales of food; and WHEREAS, the applicant does not propose to sell food and has requested that Conditions of Approval numbers 8 and 9, which require alcohol to be accessory to food sales, be waived; and, WHEREAS, only the City Council may, at its sole discretion, choose to waive or modify any of the conditions contained in City Council Policy 707. WHEREAS, the Planning Commission of the City of National City considered the Conditional Use Permit application at a duly advertised public hearing held on March 2, 2020, at which time the Commission recommended approval of the Conditional Use Permit; and, WHEREAS, the Planning Commission, as part of their action, made a recommendation to the City Council that conditions 8 and 9 related to accessory alcohol sales be waived; and, WHEREAS, the City Council, as part of their action, chooses not waive City Council Policy 707 conditions 14 and 15; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, 666 of 696 Resolution No. 2020 — Page Two WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that the evidence presented to the City Council at the public hearing held on March 17, 2020, support the following findings: 1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code because the use is allowable within the Minor Mixed -Use Corridor zone pursuant to a CUP, and the proposed use meets the required guidelines in the LUC for the sale of alcoholic beverages and live entertainment, as discussed in the staff report. 2. The proposed use is consistent with the General Plan and any applicable specific plan because a condition that addresses concerns with noise will ensure conformance with Land Use Policy 3.7 and further in Table III of Title 12 (Noise) of the National City Municipal Code. 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity because the building is existing and not proposed to be expanded. Parking was recently added to the site to bring it into conformance. 4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints because the site recently completed tenant improvements that brought the structure up to code, an example being additional parking on the property and an enclosed trash enclosure. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located because there are conditions limiting the hours of operation, noise, and requiring security for the establishment. 6. The proposed project has been reviewed in compliance with the CEQA because per Section 15378, the project is not considered a project under CEQA, as no development is proposed; there is no physical impact as a result of the project. 667 of 696 Resolution No. 2020 — Page Three 7. The proposed use is deemed essential and desirable to the public convenience or necessity because the applicant is proposing the bar as a craft beer and wine tavern in order to attract a specific market that is new to National City. 8. Based on findings 1 through 7 above, public convenience and necessity will be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes a bar for the on -site sale of beer and wine at 309 Highland Ave. Plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2020-02 CUP, dated 9/24/2019. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner shall both sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Division that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Director of Community Development prior to recordation. 3. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of any Conditions of Approval. 668 of 696 Resolution No. 2020 — Page Four Planning 6. The bar, including live entertainment, shall be permitted only between the hours of 2 p.m. to 12 a.m. daily. 7. The project shall have all necessary federal, state, or county permits prior to the opening of the business. 8. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential (waiver request). 9. Alcohol shall be available only in conjunction with the purchase of food (waiver request). 10.AII sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies 11.AI1 doors shall remain closed at all times due to the potential noise impacts. 12. No person under the age of twenty-one years of age may enter the premises. 13.AII activities shall abide by the limitations contained in Table III of Title 12 (Noise) of the National City Municipal Code. 14. Security shall be provided by the establishment during live entertainment performances to assure that there are no disturbances. 15. The bar will need an approved business license and any issues from the Building and Neighborhood Services Divisions addressed before it can operate. 16. The proposed alcohol sales, service, and consumption shall abide by all applicable rules and regulations as stated by the California Department of Alcoholic Beverage 669 of 696 Resolution No. 2020 — Page Five Control (ABC). In the case that any of these conditions violate any laws, rules, or regulations administered by ABC, the laws, rules, or regulations shall govern. Fire 17. Project shall be designed to the current editions of NFPA, CFC and CCR. Building 18.Any non -permitted work will need an approved building permit and need to be finaled by all departments before the bar can operate. Police 19. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, serving, and consumption of alcoholic beverages. BE IT FURTHER RESOLVED that this Resolution shall become effective, final, and conclusive on the day following the City Council meeting where this Resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. PASSED and ADOPTED this 17th day of March, 2020. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 670 of 696 RESOLUTION NO. 2020 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DENYING A CONDITIONAL USE PERMIT FOR A NEW BAR AND LIVE ENTERTAINMENT (PARADISE VYBZ) TO BE LOCATED AT 309 HIGHLAND AVENUE. CASE FILE NO. 2020-02 CUP APN: 556-180-18 WHEREAS, the City Council of the City of National City considered a Conditional Use Permit for a new bar and live entertainment located at 309 Highland Avenue at a duly advertised public hearing held on March 17, 2020, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the City Council considered the staff report contained in Case File No. 2020-02 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, the Planning Commission of the City of National City considered the Conditional Use Permit application at a duly advertised public hearing held on March 2, 2020, at which time the Commission recommended approval of the Conditional Use Permit; and, WHEREAS, the Planning Commission, as part of their action, made a recommendation to the City Council that conditions 8 and 9 related to accessory alcohol sales be waived; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that the evidence presented to the City Council at the public hearing held on March 17, 2020, support the following findings: 1. The proposed use has the potential to cause noise impacts at late hours, which is inconsistent with General Plan Policy LU 3.7 in relation to noise standards in mixed -use zones. 2. The design, location, and operating characteristics of the proposed activity are incompatible with the existing and future land uses in the vicinity because the proposed hours of operation being until 2 a.m. daily and live amplified music could 671 of 696 Resolution No. 2020 — Page Two create a noise concern for existing and future residents of the second story residential units. 3. Granting the permit would constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located due to potential noise impacts to the residential uses on the second floor of the property as well as the potential increase in crime. 4. Based on findings 1 through 3 above, public convenience and necessity will not be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that this Resolution shall become effective, final, and conclusive on the day following the City Council meeting where this Resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. PASSED and ADOPTED this 17t" day of March, 2020. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 672 of 696 CC/CDC-HA Agenda 3/17/2020 — Page 673 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing various fiscal year 2020 mid -year budget adjustments. (Finance) Please scroll down to view the backup material. 673 of 696 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 17, 2020 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City authorizing various fiscal year 2020 mid -year budget adjustments. PREPARED BY: Mark Roberts, Director of Finance PHONE: 619-336-4330 EXPLANATION: See attached staff report. DEPARTMENT: Finance APPROVED BY: `7'//A / et FINANCIAL STATEMENT: ACCOUNT NO. See attached staff report. APPROVED: `WQ- / 4z- FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Accept the staff report and adopt the resolution authorizing fiscal year 2020 mid -year budget adjustments. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Staff report 2. Resolution 3. Exhibit "A" — Recommended Mid -Year Budget Adjustments, Fiscal Year 2020 674 of 696 CALIFORNIA NATIONALC 'Y aml INCORPORATED City Council Staff Report March 17, 2020 ITEM Staff Report: Fiscal Year 2020 Mid -Year Budget Review BACKGROUND Consistent with the Strategic Plan objective of fiscal transparency, this report provides the mid- year status of the City's General Fund budget. A first quarter status report was presented on December 17, 2019. The purpose of this report is to review the financial results of the activities of the first half of the current fiscal year and provide projections of revenues and expenditures through the end of the fiscal year, to assess the likely impact on the General Fund's unassigned fund balance at year-end. In addition, the report recommends various budget adjustments. DISCUSSION First Half of Fiscal Year 2020 The adopted fiscal year 2020 budget authorizes a use of $4.1 million of unassigned fund balance for operating and capital expenditures. Based on year-to-date actual revenues and expenditures through December 31, 2019 and expected activities through year-end, the anticipated use of unassigned fund balance is less than originally projected by approximately $2.5 million. The following sections of this report will discuss the significant factors leading to the variance. Revenues For fiscal year 2020, General Fund revenues are expected to be greater than amounts budgeted by $1.2 million. The projected variances in each revenue category resulting in the overall variance are shown in the "Fiscal Year -End Revenue Projections" table. The "Mid -Year Revenue Comparison" table below compares revenues realized through the mid -point of this fiscal year to the mid -point of last fiscal year. 675 of 696 Page 2 Staff Report — Fiscal Year 2020 Mid -Year Budget Review March 17, 2020 Mid -Year Revenue Comparison Revenue Category Sales & Use Tax District Transactions & Use Tax Property Tax Property Tax in Lieu of VLF 2 Other Revenues Total GENERAL FUND REVENUES AS OF DECEMBER 31 ST FY 20 $ 6,252,367 4,134,378 946,832 4,143,678 FY 19 $ 6,581,756 4,347,216 840,602 4,273,976 Difference $ (329,388) (212,838) 106,227 (130,298) $15,477,255 $16,043,550 $(566,295) 1 reflects reduction for property tax allocation to the Library and Parks Maintenance funds 2 VLF — vehicle license fees The General Fund's primary sources of revenue are the sales & use tax, the district transactions & use tax, property tax in lieu of vehicle license fees, and property taxes. During the first six months of the current fiscal year, these revenues were approximately $11.3 million, $0.4 million behind last year, while General Fund revenues as a whole totaled $15.5 million, approximately $0.6 million less than the same period last year. Significant factors in the year-to-year difference include the following: ■ Combined, receipts from the sales -related taxes, sales & use tax and the City's district transactions & use tax, were $0.3 million below those received for the same period of the prior fiscal year. Contributing to the negative variance of these revenues were allocations received by the City during the 1st quarter of the fiscal year 2019 that had been delayed from fiscal year 2018 as the State transitioned to a new sales tax reporting system. In general, however, all business sectors except for the building & construction sector have been steady or strong overall with autos & transportation, general consumer goods, and allocations from County and State pools generating approximately 80% of these revenues. • "Other Revenues" comprises all other General Fund revenues not specifically identified in the above table. These revenues were $0.1 million lower during the first half of the year compared to the first half of last year. As is to be expected, some of the accounts are ahead of last year's amounts and some are behind, because of the nature of the funding source and variations that occur from year to year in the timing of receipts. While no amounts are reflected in the table for property tax in lieu of vehicle license fees ("VLF") revenue, it is included in this table because it is a significant funding source for the City. In accordance with State statutes, this revenue, which is based on the change in assessed property valuations, is distributed to the City by the County of San Diego in two equal installments, the first of which is paid in January and the second in May. The revenue anticipated from this source for the current fiscal year is reflected in the table below and represents a $0.4 million increase over fiscal year 2019. 676 of 696 Page 3 Staff Report — Fiscal Year 2020 Mid -Year Budget Review March 17, 2020 Fiscal Year -End Revenue Projections GENERAL FUND REVENUES FISCAL YEAR 2020 Adjusted Projected % Revenue Category Projected Budget' Balance Variance Sales & Use Tax $19,520,000 $18,690,000 $ 830,000 4.3% District Transactions & Use Tax 12,350,000 11,965,000 385,000 3.1% Property Tax 2 2,255,750 2,200,893 54,857 2.4% Property Tax in Lieu of VLF 7,128,882 7,000,000 128,882 1.8% Other Revenues 3 19,399,379 19,635,246 (235,867) (1.2)% Total $60,654,011 $59,491,139 $ 1,162,872 1.9% 1 adopted budget total, plus budget amendments and an adjustment of $4.8 million to Other Revenues to balance revenues to appropriations for the revenue offset WI-TOD and Paradise Creek Park Remediation capital improvement projects that were carried forward from fiscal year 2019. 2 reflects reduction for property tax allocation to the Library and Parks Maintenance funds 3 Transfer(s) In not reflected The above table provides projections of fiscal year 2020 General Fund revenues and compares them to their adjusted budgets. As noted above, General Fund revenues are expected to exceed the adjusted budget by approximately $1.2 million overall. This estimate is based upon year-to- date and historical data, input from the City's sales tax consultant, and information obtained from the State of California and County of San Diego. Significant elements of the expected overall positive variance include: • As explained above, both sales & use tax and the district transaction & use tax are below actuals for the same time period last fiscal year, more recent revenue receipts suggest that the City will finish the year with revenues in these two accounts combined exceeding budget by $1.1 million. • Overall, revenues in the "Other Revenues" category are expected to end the year below budget by $0.2 million, which is attributable to a combination of projected positive and negative variances in the various individual accounts. Expenditures Expenditure totals at year-end are expected to be below budget by $1.3 million. The projected variances in each expenditure category resulting in the overall variance are shown in the "Fiscal Year -End Expenditure Projections" table. The "Mid -Year Expenditure Comparison" below compares expenditures through the mid -point of this fiscal year to the mid -point of last fiscal year. 677 of 696 Page 4 Staff Report — Fiscal Year 2020 Mid -Year Budget Review March 17, 2020 Mid -Year Expenditure Comparison Expenditure Category Personnel Services Maintenance & Operations (M&O) Capital Outlay Capital Improvement Program Internal Service Charges Total 1 Transfer(s) Out not reflected GENERAL FUND EXPENDITURES AS OF DECEMBER 31ST FY 20 $21,852,855 2,075,400 45,129 1,691,765 3,572,848 $29,237,996 FY 19 $21,011,040 2,637,010 46,383 2,630,357 3,770,772 Difference $841,815 (561,610) (1,254) (938,592) (197,925) $30,095,562 $(857,565) As of December 31, 2019, General Fund expenditures totaled $29.2 million, below those at the same point last fiscal year by $0.9 million. The most significant factors in the year-to-year difference were: • higher personnel costs than for fiscal year 2019 at the same point, primarily due to negotiated compensation increases, increased health insurance costs and rate increases for retirement plan contributions. These increases were offset, in part, by lower overtime costs for Fire Department personnel, due to a lesser requirement for Strike Team support than in the prior year; • lower spending on capital projects due largely to the timing of work and invoicing from contractors; ■ slower rates of spending for M&O spread across various accounts, but most notably in contract services where timing can vary from year to year and in emergency animal treatment as a result of delayed invoices from the City of Chula Vista; and • lower internal service charges resulting from an overall reduction in budgeted amounts from fiscal year 2019. The table below provides a projection of General Fund expenditures for all of fiscal year 2020 and compares them to the adjusted budget. As noted above, General Fund expenditures are expected to be below the adjusted budget by approximately $1.3 million overall. 678 of 696 Page 5 Staff Report — Fiscal Year 2020 Mid -Year Budget Review March 17, 2020 Fiscal Year -End Expenditure Projections GENERAL FUND EXPENDITURES FISCAL YEAR 2020 Adjusted Projected % Expenditure Category' Projected Budget 2 Balance Variance Personnel Services $40,408,628 $41,389,121 $ (980,493) (2.4)% Maintenance & Operations 6,598,712 6,946,012 (347,301) (5.0)% Capital Outlay 639,827 639,827 0.0% Capital Improvements 11,818,167 11,818,167 0.0% Internal Service Charges 7,270,695 7,270,695 0.0% Total $66,736,029 $68,063,822 $(1,327,793) (2.0)% 1 Transfer(s) Out not reflected 2 adopted budget total, plus budget amendments, and encumbrances and capital projects appropriations carried forward from previous fiscal year(s) Personnel costs at fiscal -year-end are projected to be less than budgeted by $1.0 million, primarily resulting from anticipated savings in full-time salaries, and health insurance premiums, attributable to vacant authorized positions. Maintenance & operations expenditures are projected to be 5% below budget, due to a combination of anticipated savings in various accounts partially offset by unanticipated expenses in others. All appropriations for capital outlay and capital improvements are being projected as being entirely spent, because none of the current projects are expected to yield any savings from the amounts budgeted. It is likely, however, that some portion of the current year's appropriations will be unspent at year-end and will be carried over to next fiscal year. Similarly, all amounts budgeted for internal service charges are projected to be spent, although at year-end actual expenditures of the service provider funds will be reviewed for savings and charges will be adjusted accordingly. Staff will continue to monitor all expenses and provide updated projections in the third quarter budget status report. Transfers In/Out While technically not revenues and expenditures (and, hence, not shown above), transfers in and out of the General Fund may contribute to fund balance increases and decreases, respectively. Transfers in and out are not expected to deviate from the budgeted amounts. 679 of 696 Page 6 Staff Report — Fiscal Year 2020 Mid -Year Budget Review March 17, 2020 Net Impact on Unassigned Fund Balance The table below combines the revenue and expenditure projections discussed above. The "Projected" column shows an anticipated use of $1.8 million of unassigned fund balance rather than the $4.3 million reflected in the adjusted budget, a decrease of $2.5 million in the use of unassigned fund balance compared to budget (see "Variance" column). GENERAL FUND IMPACT ON UNASSIGNED FUND BALANCE FISCAL YEAR 2020 Adjusted Projected Budget Variance Revenue $ 60,654,011 $ 59,491,139 $ 1,162,872 Transfers In 6,000 6,000 Total Revenue & Transfers In $ 60,660,011 $ 59,497,139 $ 1,162,872 Expenditures $66,736,029 $68,063,822 $( 1,327,793) Transfers Out 1,924,479 1,924,479 Total Expenditures & Transfers Out $68,660,508 $69,988,301 $ 1,327,793 Use of Fund Balance $ ( 8,000,497) $( 10,491,162) $ 2,490,665 Less Use of Assigned Fund Balance * 2,575,396 2,575,396 Less Use of Committed Fund Balance * 3,635,000 3,635,000 Use of Unassigned Fund Balance $ ( 1,784,342) $( 4,280,766) $ 2,490,665 * For purpose of estimating use of unassigned fund balance, all appropriations impacting assigned and committed fund balance are assumed to be expended. BUDGET ADJUSTMENTS During the mid -year budget review process, the Depai tinent of Finance, in conjunction with department staff, identified budget adjustments necessary due to expenses unanticipated during the annual budgeting process. The attached schedule ("Exhibit `A') details the recommended adjustments. The recommendation section below provides a summary of those adjustments by account group and fund. RECOMMENDATIONS 1. Authorize the City Manager to approve budget adjustments up to the following amounts: • General Fund Expenditures ❑ $253,501 Maintenance & Operations 680 of 696 Page 7 Staff Report — Fiscal Year 2020 Mid -Year Budget Review March 17, 2020 ❑ $8,418 Capital Outlay • Parks Maintenance Fund Expenditures ❑ $9,000 Capital Outlay • Library Capital Outlay Fund Expenditures ❑ $ 10,000 Capital Improvements • Development Impact Fees Fund Expenditures ❑ $100,000 Capital Improvements • Housing Authority Fund Expenditures ❑ $100,000 Maintenance & Operations • Facilities Maintenance Fund Expenditures ❑ $5,000 Capital Outlay ❑ $41,665 Fixed Charges & Debt Services • Vehicle Replacement Fund Expenditures ❑ $75,000 Capital Outlay 2. Ratify the City Manager's authorization to proceed with the acquisition of two motorcycles due to the urgent need for the vehicles. The total cost of the motorcycles exceeds the amount the City Manager can approve without the City Council's authority. FISCAL IMPACT The recommended General Fund budget adjustments have been reflected in the projections of total revenues and expenditures to fiscal year end. If approved, they will result in additional General Fund appropriations and use of unassigned fund balance of $261,919. The adjustments for the six other funds combined total $340,665 with $14,000 of that amount funded by transfers from the General Fund and the remainder from available fund balance in the respective funds. ATTACHMENTS Resolution Exhibit "A" — Recommended Mid -Year Budget Adjustments, Fiscal Year 2020 681 of 696 Exhibit A Recommended Mid -Year Budget Adjustments Fiscal Year 2020 Appropriation Revenue Net Use of Fund Fund/Department Appropriation Account Amount Revenue Account, if Applicable Amount Balance General Fund (001) Engineering & Public Works / Facilities Automotive Leases 5,000 - ■ To reclassify the appropriation for the lease of a cargo van from the automotive lease account in the General Fund to an interfund transfer from the General Fund to the Facilities Maintenance Fund. (Amount above is for reference only. No additional General Fund appropriations are required.) Engineering & Public Works / Parks Street Lights & Signals 9,000 - ■ To reclassify the appropriation for the lease of a light duty stake bed truck from the General Fund to an interfund transfer from the General Fund to the Parks Maintenance Fund. (Amount above is for reference only. No additional General Fund appropriations are required.) Engineering & Public Works Street Lights & Signals 20,000 • Increase in utility costs for street lights from SDGE & CalTrans. 20,000 Engineering & Public Works Contract Services 150,000 • Environmental remediation of the Police Department shooting range- required by County Dept. of Environmental Health. 150,000 Fire Contract Services 41,901 • Increase in dispatch cost. 41,901 Human Resources Professional Services 16,100 • Ongoing investigation and legal costs for personnel matters . 16,100 Human Resources Professional Services 18,500 • Unforeseen personnel promotions and backfill of safety positions due to separations and retirements. 18,500 Neighborhood Services Automotive Leases 8,418 • Appropriation for existing leased vehicle inadvertently omitted from budget. 8,418 Non -Departmental Postage 7,000 • March mailers sent to residents & businesses from City Manager's Office. 7,000 General Fund - Unassigned Fund Balance 275,919 261,919 Page 1 of 3 682 of 696 Exhibit A Recommended Mid -Year Budget Adjustments Fiscal Year 2020 Appropriation Revenue Net Use of Fund Fund/Department Appropriation Account Amount Revenue Account, if Applicable Amount Balance Parks Maintenance Fund (105) Engineering & Public Works / Parks Automotive Leases 9,000 Interfund transfer from General Fund 9,000 ■ To add the appropriation for the lease of a light duty stake bed truck in the Parks Maintenance Fund based on a transfer from General fund. Library Capital Outlay Fund (108) Engineering & Public Works Library Upgrades 10,000 10,000 ■ This capital improvement project was included in the CIP summary schedule, but the appropriation was inadvertently omitted from the budget. Development Impact Fees Fund (325) Engineering & Public Works Police Department Parking Structure 100,000 100,000 ■ This capital improvement project was included in the CIP summary schedule, but the appropriation was inadvertently omitted from the budget. Housing Authority Fund (501) Housing Professional Services 100,000 100,000 ■ To establish appropriations for consulting services for the Housing Authority. acilities Maintenance Fund (626) Engineering & Public Works Automotive Leases 5,000 ■ To add the appropriation for the lease of a cargo van in the Facilities Maintenance Fund based on a transfer from the General Fund. 5,000 Engineering & Public Works Loan Interest Payment 41,665 ■ To add appropriations for the interest payments on the Honeywell lease that were inadvertently omitted from the budget. 41,665 Page 2 of 3 683 of 696 Exhibit A Recommended Mid -Year Budget Adjustments Fiscal Year 2020 Appropriation Revenue Net Use of Fund Fund/Department Appropriation Account Amount Revenue Account, if Applicable Amount Balance Vehicle Replacement Fund (644) Engineering & Public Works Automotive Equipment 75,000 75,000 ■ Add appropriations for the purchase of two replacement motorcycles for the Police Department and ratify the City Manager's authorization to issue a purchase order for the vehicles. Motorcycles being replaced are beyond economical repair. Page 3 of 3 684 of 696 RESOLUTION NO. 2020 — RESOLUTION OF THE CITY COUNCILOF THE CITY OF NATIONAL CITY AUTHORIZING VARIOUS FISCAL YEAR 2020 MID -YEAR BUDGET ADJUSTMENTS WHEREAS, on June 4, 2019, the City Council of the City of National City adopted Resolution No. 2019-85, adopting the budget for fiscal year 2020; and WHEREAS, as part of the mid -year review process, the Finance Department reviewed the first six months for actual revenues and expenditures, and projected the last six months of the fiscal year; and WHEREAS, the mid -year budget review was presented to the City Council and members of the public on March 17, 2020; and WHEREAS, the City Manager has requested approval of the Recommended Mid - Year Budget Adjustments ("Exhibit 'A"); and WHEREAS, the City Manager has requested that the City Council ratify the issuance of a purchase order in the amount of $67,458 for two replacement motorcycles for the Police Department that are beyond economical repair; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the fiscal year 2020 Recommended Mid -Year Budget Adjustments ("Exhibit 'A"') and authorizes the City Manager to make the associated adjustments to the Fiscal Year 2020 Budget; and BE IT FURTHER RESOLVED that the City Council of the City of National City ratifies the purchase of the two replacement motorcycles for the Police Department. PASSED and ADOPTED this 17th day of March, 2020. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 685 of 696 Exhibit A Recommended Mid -Year Budget Adjustments Fiscal Year 2020 -1!'- Appropriation Revenue Net Use of Fund Fund/Department Appropriation Account Amount Revenue Account, if Applicable Amount Balance General Fund (001) Engineering & Public Works / Facilities Automotive Leases 5,000 - ■ To reclassify the appropriation for the lease of a cargo van from the automotive lease account in the General Fund to an interfund transfer from the General Fund to the Facilities Maintenance Fund. (Amount above is for reference only. No additional General Fund appropriations are required.) Engineering & Public Works / Parks Street Lights & Signals 9,000 - ■ To reclassify the appropriation for the lease of a light duty stake bed truck from the General Fund to an interfund transfer from the General Fund to the Parks Maintenance Fund. (Amount above is for reference only. No additional General Fund appropriations are required.) Engineering & Public Works Street Lights & Signals 20,000 • Increase in utility costs for street lights from SDGE & CalTrans. 20,000 Engineering & Public Works Contract Services 150,000 • Environmental remediation of the Police Department shooting range- required by County Dept. of Environmental Health. 150,000 Fire Contract Services 41,901 • Increase in dispatch cost. 41,901 Human Resources Professional Services 16,100 • Ongoing investigation and legal costs for personnel matters . 16,100 Human Resources Professional Services 18,500 • Unforeseen personnel promotions and backfill of safety positions due to separations and retirements. 18,500 Neighborhood Services Automotive Leases 8,418 • Appropriation for existing leased vehicle inadvertently omitted from budget. 8,418 Non -Departmental Postage 7,000 • March mailers sent to residents & businesses from City Manager's Office. 7,000 General Fund - Unassigned Fund Balance 96910 989 275,919 Page 1 of 3 261,919 Exhibit A 96910 L99 Recommended Mid -Year Budget Adjustments Fiscal Year 2020 Fund/Department Appropriation Account Appropriation Amount Revenue Account, if Applicable Revenue Amount Net Use of Fund Balance Parks Maintenance Fund (105) Engineering & Public Works / Parks Automotive Leases 9,000 Interfund transfer from General Fund ■ To add the appropriation for the lease of a light duty stake bed truck in the Parks Maintenance Fund based on a transfer from General fund. 9,000 Library Capital Outlay Fund (108) Engineering & Public Works Library Upgrades 10,000 ■ This capital improvement project was included in the CIP summary schedule, but the appropriation was inadvertently omitted from the budget. 10,000 Development Impact Fees Fund (325) Engineering & Public Works Police Department Parking Structure 100,000 ■ This capital improvement project was included in the CIP summary schedule, but the appropriation was inadvertently omitted from the budget. 100,000 Housing Authority Fund (501) Housing Professional Services ■ To establish appropriations for consulting services for the Housing Authority. 100,000 100,000 Facilities Maintenance Fund (626) Engineering & Public Works Automotive Leases 5,000 ■ To add the appropriation for the lease of a cargo van in the Facilities Maintenance Fund based on a transfer from the General Fund. 5,000 Engineering & Public Works Loan Interest Payment 41,665 ■ To add appropriations for the interest payments on the Honeywell lease that were inadvertently omitted from the budget. 41,665 Page 2 of 3 Exhibit A 96910 889 Recommended Mid -Year Budget Adjustments Fiscal Year 2020 Fund/Department Appropriation Account Appropriation Amount Revenue Account, if Applicable Revenue Amount Net Use of Fund Balance Vehicle Replacement Fund (644) Engineering & Public Works Automotive Equipment 75,000 75,000 • Add appropriations for the purchase of two replacement motorcycles for the Police Department and ratify the City Manager's authorization to issue a purchase order for the vehicles. Motorcycles being replaced are beyond economical repair. Page 3 of 3 CC/CDC-HA Agenda 3/17/2020 — Page 689 The following page(s) contain the backup material for Agenda Item: Feasibility Report and Resolution of the City Council of the City of National City establishing that all Regular Board, Commission, and Committee Meetings shall be held at City Hall. (City Attorney) Please scroll down to view the backup material. 689 of 696 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 17, 2020 AGENDA ITEM NO. ITEM TITLE: Feasibility Report and a Resolution of the City Council of the City of National City establishing that all Regular Board, Commission, and Committee Meetings shall be held at City Hall. PREPARED BY: Angil P. Morris -Jones DEPARTMENT: City Attorney PHONE: APPROVED BY: Angil P. Morris -Jon (619) 336-4220 EXPLANATION: Please see attached Staff Report. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Staff Report 2. Resolution 690 of 696 CALIFORNIA N ���,� �'IONAL C'IT'aEnV I INCORPORATED CITY ATTORNEY OF NATIONAL CITY FEASIBILITY STAFF REPORT DATE: March 17, 2020 TO: Mayor Alejandra Sotelo-Solis Vice Mayor Mona Rios Councilmember Jerry Cano Councilmembers Ron Morrison Councilmember Gonzalo Quintero FROM: Angil P. Morris -Jones, City Atto SUBJECT: Feasibility Report & Resolution=o egular Meetings to be Held at City Hall At your February 18, 2020, City Council Meeting you directed the City Attorney to conduct a feasibility study of Mayor Sotelo-Solis's proposal to have all of the regular meetings of the National City Boards, Committees and Commissions in the City Council Chambers. The City Attorney was directed to report her findings to the City Council at your March 17, 2020 Meeting and if the results of the study determined that the proposal was capable of being easily accomplished to draft a Resolution for the Council to consider for adoption. As you know, a feasibility study is an analysis that takes all relevant factors into account of a proposal or project. The relevant factors in the matter at hand includes but is limited to economic, technical, legal, and scheduling considerations to ascertain whether such action is capable of being conveniently and successfully done. Consequently, before beginning the feasibility study, the City Attorney met with the Mayor to get a clear understanding of what the Mayor was proposing. More specifically, it was to determine whether the Mayor's proposal was for local City Meetings to be held exclusively in the Council Chamber or was she proposing in generality to any room at City Hall that is appropriate for holding a public meeting. The Mayor stated that her proposal was to any suitable meeting room at City Hall and that such was not limited exclusively to the Council Chambers. The City of National City has eight (8) locally appointed Boards, Commissions and/or Committees. The name of the City's Boards/ Commissions/ Committees, their meeting place, their meeting date and time are as follows: 691 of 696 F CALIFORNIA NATIONAL -C' i xNCORPORA'rRD Tuesday, March 17, 2020 City Council Meeting BOARDS, COMMISSIONS AND COMMITTEES CURRENT MEETING CHART Boards, Commissions and Committees Meeting Location Meeting Time Meeting Schedule Community and Police Relations (CPRC) Council Chambers — City Hall 6:00 pm 3rd Thursdays of the months of February, May, August and November Planning Commission Council Chambers — City Hall 6:00 pm 1st and 3rd Mondays of the month Civil Service Commission Main / Large Conference Room — City Hall 5:30 pm 2nd Wednesday of every other month Library Board of Trustees National City Public Library 5:30 pm 1st Wednesday of the month Parks, Recreation & Senior Citizens Advisory Board Main / Large Conference Room — City Hall 4:00 pm 3rd Thursday of every month Public Art Committee Main / Large Conference Room — City Hall 3:00 pm 4th Tuesday of January, April, July and October Traffic Safety Committee Main / Large Conference Room — City Hall 1:00 pm 2nd Wednesday of every month Veterans and Military Families Advisory Committee Main / Large Conference Room — City Hall 4:00 pm 4th Thursday of the month of January, April, July and October • Highlight indicates meeting location is not at City Hall. 692 of 696 Feasibility Staff Report — March 17, 2020 Page 3 As reflected from the foregoing chart, the Library Board of Trustees is the only City appointed body that does not currently conduct their meetings at City Hall. The chart also shows that of the seven local City Board Meetings at City Hall only two of them (Planning Commission & CPRC) conduct their meetings in the City Council Chambers. The Library Board of Trustees currently conducts their meetings at the National City Public Library on the 2nd floor in a small conference room which is not really setup as a public meeting room. The Library Board of Trustees and the public both sit at the conference table, where there are no name plates or method of knowing who is who. When the City Attorney attends the Library Board Meetings there has been an overflow of members of the public present. The overflow members of the public bring in chairs from other library rooms and then sit in the doorway or are crowned together seated against the wall. In short, the Library's 2nd floor conference room is not adequate for use as a room to conduct public meetings under the Brown Act. Turning your attention to the relevant factors to be considered in the feasibility study of moving the Library Board's Meeting to City Hall. First, in regards to the economic factor there would be no increase in cost to the City in moving the Library Board Meetings from the Library's 2nd floor conference room to a meeting room at City Hall. Secondly, the Library Board Meeting at City Hall would not create any technical problems for the City as the City Council Chambers and the Main/Large Conference Room are both setup and currently used for public meetings. Additionally, both the Council Chamber and the Main/Large Conference Room are equipped with a large monitor/ television screen for the public, City Board and staff to view. Thirdly, the Council Chamber and the Main/Large Conference Room at City Hall both meet all the legal requirements of the law under the Brown Act in that they are ADA compliant. The fourth and final element of this analysis is scheduling considerations of moving the Library Board Meetings to City Hall. However, as reflected from the chart presented herein above, the Library Board Meetings do not conflict with any of the meetings scheduled and held at City Hall. It is clear from the discussion above that the current meeting place of the Library Board of Trustees is not suitable for the continued use as a room to conduct public meetings. The chart reflected herein above shows that City Hall has two rooms wherein public meeting are currently held. The two rooms are the City Council Chambers and the Main/Large Conference Room. One of the goals of any feasibility study is to select a path or way that easily accomplished. Therefore, since five of the local City Boards currently hold their meetings in the Main/Large Conference Room and because the Library Board currently holds their meetings in a conference room, the most logical and easily accomplished move for the Library Board Meeting is to relocate to the Main/Large Conference Room at City Hall. Therefore, based on the feasibility study presented in the discussion herein above, it is the findings of the City Attorney that the Mayor's proposal to have all regular meetings of City Boards, Commission and Committees held at City Hall as feasible. Additionally, you are advised that the most appropriate room determined from the study and presents the least change for the Library Board is to hold their public meetings at City Hall in the Main/Large Conference Room. In accordance with the feasibility study, attached please find a Resolution for your consideration. Your adoption of the Resolution would establish that all regular meetings of National City Boards, Commissions and Committee shall be held at City Hall. 693 of 696 RESOLUTION NO. 2020 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING THAT ALL REGULAR NATIONAL CITY BOARD, COMMISSION, AND COMMITTEE MEETINGS SHALL BE HELD AT CITY HALL WHEREAS, during the February 18, 2020, City Council Meeting staff was directed to conduct a feasibility study of Mayor Sotelo-Solis's proposal to have all of the regular meetings of the National City Boards, Committees and Commissions in the City Council Chambers; and WEREAS, a feasibility study is an analysis that takes all relevant factors into account of a proposal or project including but is limited to economic, technical, legal, and scheduling considerations to ascertain whether such action is capable of being conveniently and successfully done; and WHEREAS, the City of National City has eight (8) locally appointed Boards, Commissions and/or Committees; and WHEREAS, the Library Board of Trustees is the only City appointed body that does not currently conduct their meetings at City Hall; and WHEREAS, the Library Board of Trustees currently conducts their meetings at the National City Public Library on the 2nd floor in a small conference room that is not setup as a public meeting room; and WHEREAS, based on the feasibility study it is the findings of the City Attorney that Mayor Sotelo-Solis's proposal to have all regular meetings of City Boards, Commission and Committees be held at City Hall in either the Council Chambers or Main/Large Conference Room as feasible and appropriate. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City does hereby establish that all Regular National City Boards, Commissions, and Committee Meetings shall be held at City Hall. PASSED and ADOPTED this 17th day of March, 2020. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones 694 of 696 CC/CDC-HA Agenda 3/17/2020 — Page 695 The following page(s) contain the backup material for Agenda Item: Update on Community Service Month. (Community Services) Please scroll down to view the backup material. 695 of 696 Item # 03/17/20 UPDATE ON COMMUNITY SERVICE MONTH (Community Services) 696 of 696