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Draft Agenda Packet - 08-04-2020 CC HA Agenda (2)
- CALIFORNIA NikTIONAL CI XAOORPORATfi 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 the City's website at WWW.NATIONALCITYCA. GOV AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY ONLINE ONLY MEETING https://www.nationalcityca.gov/webcast LIVE WEBCAST COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA TUESDAY, AUGUST 4, 2020 — 6:00 PM NOTICE: The health and well-being of National City residents, visitors, and employees during the COVID-19 outbreak remains our top priority. The City of National City is coordinating with the County of San Diego Health Human Services Agency, and other agencies to take measures to monitor and reduce the spread of the novel coronavirus (COVID-19). The World Health Organization has declared the outbreak a global pandemic and local and state emergencies have been declared providing reprieve from certain public meeting laws such as the Brown Act. As a result, the City Council Meeting will occur only online to ensure the safety of City residents, employees and the communities we serve. A live webcast of the meeting may be viewed on the city's website at www.nationalcityca.gov. For Public Comments see "PUBLIC COMMENTS" section below 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 on the City's website at www.nationalcityca.gov. Regular Meetings of the Elected Body are webcast and archived on the City's website at www.nationalcityca.gov. PUBLIC COMMENTS: The City Council will receive public comments via e-mail at clerkAnationalcityca.gov regarding any matters within the jurisdiction of the City Council. Written comments or testimony from the public (limited to three minutes) must be submitted via e-mail by 4:00 p.m. on the day of the City Council Meeting. All comments received from the public will be made a part of the record of the meeting. 1 of 392 The time limit established for public testimony is three minutes per speaker. 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 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. AVISO: La salud y el bienestar de los residentes, visitantes y empleados de National City durante el brote de COVID-19 sigue siendo nuestra maxima prioridad. El Ayuntamiento de la Ciudad de National City se esta coordinando con la Agencia de Salud y Servicios Humanos del Condado de San Diego y otras agencias para tomar medidas con el fin de monitorear y reducir la propagacion del nuevo coronavirus (COVID-19). La Organizacion Mundial de la Salud declaro el brote como una pandemia global y se han manifestado emergencias locales y estatales que resultan en la suspension de ciertas leyes de reuniones publicas, tal como la Ley Brown. Como resultado de ello, la junta del Concejo Municipal del Ayuntamiento se Ilevara a cabo solamente en linea para garantizar la seguridad de los residentes, empleados y comunidades locales que atendemos. Se podra ver una transmision en vivo de la junta en el sitio web del Ayuntamiento en www.nationalcityca.gov. Para comentarios pCiblicos, vea la seccion "COMENTARIOS PUBLICOS" mas adelante. ORDEN DEL DIA: Las sesiones publicas de todas las juntas ordinarias del Concejo Municipal/Comision de Desarrollo Comunitario - Autoridad de Vivienda (en lo sucesivo denominado Organo Electo) inician a las 6:00 p.m. el primer y tercer martes de cada mes. Las audiencias publicas inician a las 6:00 p.m., a menos que se indique lo contrario. Las juntas cerradas inician en sesion abierta a las 5:00 p.m. o en cualquier otro momento que se indique, y tras anunciar los temas de la sesion cerrada, la junta se realiza como sesion cerrada. Si se programa una reunion de discusion y analisis, el tema y la hora de la misma apareceran en la agenda. La Alcaldesa y los Concejales se reunen por igual que el Presidente y los integrantes del Consejo de la Comision de Desarrollo Comunitario. INFORMES: Todos los temas e informes de la agenda de la sesion abierta, asi como todos los documentos y escritos entregados al Organo Electo menos de 72 horas antes de la sesion, apareceran en el sitio web del Ayuntamiento. Las juntas ordinarias del Organo Electo se transmiten por Internet y se archivan en el sitio web del Ayuntamiento en www.nationalcityca.qov. COMENTARIOS PUBLICOS: El Concejo Municipal recibira comentarios publicos por correo electronico en clerk(a�nationalcityca.gov sobre cualquier asunto dentro de la jurisdiccion del Concejo 2 of 392 Municipal. Los comentarios escritos o el testimonio del publico (limitado a tres minutos) deben enviarse por correo electronico antes de las 4:00 p.m. en el dia de Ia sesion del Concelo Municipal. Todos los comentarios recibidos del publico formaran parte del acta de Ia sesion. AGENDA ESCRITA: Con contadas excepciones, el Organo Electo puede tomar medidas unicamente sobre los temas que aparecen en Ia agenda escrita. Los temas que no aparezcan en la agenda deben aparecer en una agenda subsecuente, a menos que sean de emergencia o urgencia demostrada, y Ia necesidad de tomar medidas sobre esos temas haya surgido despues de haber sido publicada la agenda. CALENDARIO DE CONSENTIMIENTO: Los temas del calendario de consentimiento implican cuestiones de naturaleza rutinaria o no controvertida. Todos los temas de consentimiento se adoptan mediante Ia aprobacion de una sola mocion del Concejo Municipal. Antes de la aprobacion, cualquier tema puede eliminarse de la parte de consentimiento de la agenda y considerarse aparte, a peticion de un concejal, individuo del personal del Ayuntamiento o persona del publico. Previa solicitud, esta agenda puede estar disponible en formatos alternativos apropiados para personas con discapacidades, en observancia de la Ley de Estadounidenses con Discapacidades. Llame al telefono (619) 336-4228 de Ia Oficina del Secretario del Ayuntamiento para solicitar una modificacion o adaptacion de acceso relativa a la discapacidad. Notificar 24 horas antes de Ia sesion permitira al Ayuntamiento hacer arreglos razonables para garantizar Ia accesibilidad a esta junta. 3 of 392 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 - Officer Ashley Cummins. (Police) 2. Employee Service Recognition - Jeffrey W. Rouston, Senior Equipment Operator. (Engineering/Public Works) PRESENTATIONS INTERVIEWS / APPOINTMENTS 3. Interviews and Appointments: Various Boards and Committees. (City Clerk) REGIONAL BOARDS AND COMMITTEE REPORTS (FIVE-MINUTE TIME LIMIT) CONSENT CALENDAR 4. 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) 5. Resolution of the City Council of the City of National City authorizing the acceptance of annual grant funds & the establishment of an appropriation and corresponding revenue budget for the Regional Realignment Response Group (R3) based upon a Memorandum of Agreement signed by the Chief of Police pursuant to Council Resolution 2019-109 between the National City Police Department, the County of San Diego (San Diego Sheriff's Department and Probation Department) and municipal law enforcement agencies throughout the County for support of R3G Operations in the amount of $67,000. (Police) 6. Resolution of the City Council of the City of National City accepting funds in the amount of $2,500 from the 2020 SDG&E SAFE San Diego Initiative 4 of 392 through the Burn Institute, a 501(c)(3) non-profit organization, for the National City Community Emergency Response Team (CERT) to recruit, administer, and promote CERT training in National City, and authorizing the establishment of a Reimbursable Grants City -Wide Fund appropriation and corresponding revenue budget. (Fire) 7. Resolution of the City Council of the City of National City acknowledging receipt of a report made by the Chief of Emergency Services of the National City Fire Department regarding the inspection of certain occupancies required to perform annual inspections in such occupancies pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code. (Fire) 8. Resolution of the City Council of the City of National City: 1) ratifying acceptance of funds in the total amount of $15,542 awarded to the City of National City from the Beverage Container Recycling City/County Payment Program from the California Department of Resources Recycling and Recovery (CalRecycle) for FY20 to implement recycling projects and programs such as beverage recycling containers in city parks, clean-up activities, and educational materials; 2) ratifying establishment of corresponding revenue budget for FY20; 3) ratifying appropriations and expenditures in the amount of $15,542 for FY20; and 4) approving the establishment of Trash Rate Stabilization Fund appropriation for FY20. Engineering/Public Works) 9. Resolution of the City Council of the City of National City: 1) awarding a contract to Select Electric, Inc. in the amount of $367,994.00 for the Fiber Optic Traffic Signal Interconnect Expansion, Phase II Project, CIP No. 19-08; 2) authorizing a 15% contingency in the amount of $55,199.10 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) awarding a contract to HMS Construction, Inc. in the amount of $215,000 for the Pedestrian ADA Improvements Project, CIP No. 19-09; 2) authorizing a 15% contingency in the amount of $32,250 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. (Engineering/Public Works) 11. Resolution of the City Council of the City of National City ratifying the establishment of an Engineering Grants Fund appropriation of $900,000 and corresponding revenue for the design and entitlement costs of the Bayshore Bikeway Segment Five project funded by the Port of San Diego. (Engineering/Public Works) 12. Resolution of the City Council of the City of National City accepting and authorizing the Mayor to sign a Street Easement from Family Health Centers of San Diego, Inc., the owners of the property at 1000 Euclid Avenue, for the installation of a retaining wall that is required in order to install a San Diego 5 of 392 Gas and Electric Company meter pedestal to supply power to the City's new traffic signal. (Engineering/Public Works) 13. Resolution of the City Council of the City of National City authorizing the Mayor to execute a Mills Act Historic Preservation Contract for 540 "E" Avenue. (Applicant: Teresa McNeil) (Case File 2020-10 M) (Planning) 14. Resolution of the City Council of the City of National City approving the Memorandum of Understanding (MOU) between the City of National City and the National City Municipal Employees' Association (NCMEA). (Human Resources) 15. Resolution of the City Council of the City of National City approving a one- time non-PERSable $2,000 stipend to the members of the Executive, Management, and Confidential Groups. (Human Resources) 16. Resolution of the City Council of the City of National City approving the addition of Deputy City Clerk to the Management Employee Group Salary Schedule. (Human Resources) 17. Resolution of the City Council of the City of National City approving the addition of Part -Time Call Taker to the Part -Time and Seasonal Positions Salary Schedule (hourly rate) pt135: $19.88 - $24.17. (Human Resources) 18. Council Action by Minute Order Rescinding the June 16, 2020 Adoption of Censure to Bar Councilmember Morrison's threaten lawsuit against the City of National City and Readopt the Censure as a separate agenda item. (City Attorney) 19. National City Sales Tax Update Newsletter — First Quarter 2020. (Finance) 20. Warrant Register #47 for the period of 5/7/20 through 5/19/20 in the amount of $2,031,999.49. (Finance) 21. Warrant Register #48 for the period of 5/20/20 through 5/26/20 in the amount of $333,294.03. (Finance) 22. Warrant Register #49 for the period of 5/27/20 through 6/2/20 in the amount of $2,643,743.80. (Finance) 23. Warrant Register #50 for the period of 6/3/20 through 6/9/20 in the amount of $610,081.95. (Finance) 24. Warrant Register #51 for the period of 6/10/20 through 6/16/20 in the amount of $1,722,877.48. (Finance) 6 of 392 25. Warrant Register #52 for the period of 6/17/20 through 6/23/20 in the amount of $633,356.04. (Finance) 26. Warrant Register #53 for the period of 6/24/20 through 6/30/20 in the amount of $2,081,628.61. (Finance) PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS 27. Public Hearing and adoption of a Resolution regarding a Conditional Use Permit (CUP) for the off -site sale of alcohol and a Consistency Review for a new 7-Eleven to be located at 110 National City Blvd. (Applicant: Steven Pollock) (Case File No. 2020-05 CUP, DSP) (Planning) NON CONSENT RESOLUTIONS 28. Resolution of the City Council of the City of National City extending the Urgency Ordinance enacting a temporary moratorium on evictions due to non-payment of rent for residential and commercial tenants as a result of the state of emergency related to the novel coronavirus disease, COVID-19, through September 30, 2020 from August 31, 2020. (Housing Authority) 29. Resolution of the City Council of the City of National City authorizing the Mayor to execute a Maintenance and Operating Agreement for a Community Garden at Paradise Creek Park between the City of National City and ICF Center for Cross Border Philanthropy, D.B.A. Olivewood Gardens and Learning Center, to operate a community garden to benefit the well-being of National City residents, located on the northern half of Paradise Creek Park, for a term of one year with the option to extend up to two additional two year terms. (Community Services) 30. Resolution of the City Council of the City of National City confirming and ratifying an order of the Emergency Services Director relaxing certain regulations related to outdoor use by restaurants, places of worship, and personal services businesses due to the COVID-19 pandemic. (Planning) 31. Resolution of the City Council of the City of National City adopting the Censure of Councilmember Ron Morrison for violation of City Council Policy #119. (City Attorney) 32. Resolution of the City Council of the City of National City reducing the property tax rate for the Library General Obligation Bonds for fiscal year 2021 from 0.67 cent per $100 of assessed valuation to 0.59 cent. (Finance) NEW BUSINESS 33. Notice of Decision — Planning Commission approval of a Conditional Use Permit (CUP) for indoor commercial recreation (basketball gym) located at 7 of 392 1840 Wilson Avenue, Suite 'A'. (Applicant: Justin Tate) (Case File No. 2020- 08 CUP (Planning) B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY CONSENT RESOLUTIONS - HOUSING AUTHORITY PUBLIC HEARINGS: RESOLUTIONS - HOUSING AUTHORITY NON CONSENT RESOLUTIONS - HOUSING AUTHORITY NEW BUSINESS - HOUSING AUTHORITY C. REPORTS STAFF REPORTS 34. Focused General Plan Update (FGPU) web -based public workshops and online survey. (Housing Authority) MAYOR AND CITY COUNCIL CLOSED SESSION CLOSED SESSION REPORT ADJOURNMENT Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday - August 18, 2020 - 6:00 p.m. - Council Chambers - National City, California. 8 of 392 The following page(s) contain the backup material for Agenda Item: Employee of the Quarter 2020 - Officer Ashley Cummins. (Police) Please scroll down to view the backup material. 9 of 392 -4— CALIFORNIA + NATION ' L CJ rNCORPOiiA'r�D � CITY OF NATIONAL CITY MEMORANDUM DATE: July 21, 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 2nd Quarter of calendar year 2020 is: Officer Ashley Cummins By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, August 4, 2020 to be recognized for her achievement and service. Attachment cc: Ashley Cummins Chief Tellez Aaron DePascale, Sergeant Mayor's Confidential Assistant Human Resources — Office File 10 of 392 'oAL'IFORNIA` INOUitpOfl.A7fEti Performance Recognition Award Nomination Form AY 2 6 ZQ2JI CITY OF NATIONAL CITY IUJMAN RESOURCES DEPARTMENT f f Evi ii1F Ia Lt for the Pere ro nance Please state of service be'ond 4L1Y '" qs, tL i Ct Jd�tUv1,rr 5 Recognition Award for the following reasons: reason why your nominee should receive an award, (Le., example requirements of position, exemplary service to the L" public FORWARD COMPLETED NOMINATION TO: Nominated by Signature: National City Performance Recognition Program Human Resources Department A fad e Date:�15) 11 of 392 NATIONAL CITY POLICE DEPARTMENT MEMORANDUM DATE: May 25th, 2020 TO: Jose Tellez, Chief of Police (Via the Chain of Command) FROM: Aaron DePascale, Sergeant SUBJECT: Performance Recognition for Officer Cummins Officer Cummins is the creator of Box with a Cop, one of the most well -organized community based law enforcements events I have ever been a part of. The event took place on March 7th at the Community Youth Athletic Center. The Community Youth Athletic Center (CYAC) is a non-profit boxing gym in National City. The mission of CYAC is to provide at -risk youth from ages 7-19 with a constructive alternative to self-defeating behavior through an athletic, academic, and community service program. This program relies heavily on positive role models and mentors such as Officer Cummins to accomplish its mission. Officer Cummins inspired several of her fellow officers to join her in helping with the event. Each officer was paired up with a CYAC youth and participated in a series of boxing drills with them. This was a perfect way for officers to form positive relationships with the CYAC children. In order to organize the event, Officer Cummins donated a great deal of her free time. She was able to procure sponsorships from Chic Filet, HKA gear, and The National City Police Officer's Association. Due to the kind donations of the sponsors, all participants enjoyed lunch, the children were given a free pair of boxing gloves, and the officers were given Box with a Cop tee-shirts. The event was a total success and was reported on by The San Diego Union Tribune. In addition to Box with a Cop, Officer Cummins has shown her passion for mentoring National City Youth by becoming a mainstay at CYAC. She attends all of their holiday events and often visits in, and out of uniform. Officer Cummins is a professional mixed martial artist so the knowledge she is able to provide is vitally important and gratefully appreciated. She was given an award by CYAC staff for being a VIP supporter. Officer Cummins has shown her ability to impact the community in other ways this quarter as well. She is a very proactive police officer and her enforcement has led to multiple seizures of dangerous drugs and evidence which provided a lead in a homicide case, 12 of 392 Due to her efforts at the CYAC gym and efforts to keep National City streets safe, I am requesting Officer Cummins be considered for the public safety officer of the quarter. Respectfully Submitted, Aaron DePascale Sergeant 13 of 392 The following page(s) contain the backup material for Agenda Item: Employee Service Recognition - Jeffrey W. Rouston, Senior Equipment Operator. (Engineering/Public Works) Please scroll down to view the backup material. 14 of 392 City of National City MEMORANDUM DATE: July 14, 2020 TO: Esther Clemente, Executive Assistant IV (City Manager's Office) Nancy Valdivia-Ochoa, Confidential Assistant (Mayor's Office) FROM: Lilia Munoz, Human Resources Analyst g SUBJECT: EMPLOYEE SERVICE RECOGNITION The following City employee completed 30 years of service with the City of National City on April 11, 2020: NAME: Jeffrey W. Rouston POSITION: Senior Equipment Operator HIRED: April 11, 1990 As part of the Employee Recognition Program, the employee wishes to have the opportunity to receive a City Council Recognition at the Council Meeting of Tuesday, August 4, 2020 at 6fm. If this is acceptable, please make the necessary arrangements. The anniversary letter, service pin, and gift card selection memo will be sent prior to the meeting. Thank you. cc: Roberto Yano, Director of PW/City Engineer Jeff Rouston, Senior Equipment Operator H:Recognition Program 15 of 392 The following page(s) contain the backup material for Agenda Item: Interviews and Appointments: Various Boards and Committees. (City Clerk) Please scroll down to view the backup material. 16 of 392 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 4, 2020 AGENDA ITEM NO. ITEM TITLE: Interviews and Appointments: Various Boards and Committees. (City Clerk) PREPARED BY: Michael R. Dalla DEPARTMENT: City Clerk PHONE: (619) 336-4226 APPROVED BY: EXPLANATION: See attached. FINANCIAL STATEMENT: N/A ACCOUNT NO. ENVIRONMENTAL REVIEW: APPROVED: Finance APPROVED: MIS ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Take action as desired. ATTACHMENTS: Explanation Applications 17 of 392 CITY BOARDS AND COMMISSIONS — AUGUST 4, 2020 CIVIL SERVICE COMMISSION (Appointing Authority: City Council / Staff Liaison: Robert Meteau) There is one (1) vacancy on the Civil Service Commission. There is one (1) new applicant. Name Natalie Limbaga Interviewed No COMMUNITY AND POLICE RELATIONS COMMISSION (CPRC) (Appointing Authority: Mayor, subject to confirmation by City Council and successful completion of a background check / Staff Liaison: Lauren Maxilom) There is one (1) expired term on the CPRC. On January 21, 2020, Christine Stein was appointed to an unexpired term ending on March 31, 2020. Per City Council Policy #107, Ms. Stein may be considered for re -appointment without considering other applicants. Name Interviewed Christine Stein Requests reappointment* PLANNING COMMISSION (Appointing Authority: City Council / Staff Liaison: Martin Reeder) There is one (1) current vacancy. Ricardo Sanchez, currently serving on Traffic Safety, requests appointment to the Planning Commission. There are two (2) additional applicants. Name Interviewed Ricardo Sanchez Currently serving on Traffic Safety Natalie Limbaga No Zachariah Trujillo No VETERANS AND MILITARY FAMILIES ADVISORY COMMITTEE (Appointing Authority: Mayor, subject to confirmation by City Council / Staff Liaison: Lauren Maxilom) There are two (2) vacancies on the Veterans and Military Families Advisory Committee. There is one (1) applicant. Name Interviewed Natalie Limbaga No 1 18 of 392 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES 4 Community & Police Relations Commission* (CPRC) ►�ivil Service Committee J Library Board of Trustees /flanning Commission J/Veterans Parks, Recreation & Senior Citizens Advisory Board Public Art Committee* & Military Families Advisory Committee* Traffic Safety Committee / Advisory Housing Committee* • Applicants must be residents of the City of National City except for those marked by an asterisk (*). All applicants must be U.S. Citizens. ➢ Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. ➢ Applicants for the Advisory Housing Committee must have subject matter expertise in housing -related issues. Name: NI ca% c A. L A'vn bC c E-Mail: f•-.1 JeJ' .. L 1.1,-71 Home Address: /�Z/ E . 4/ I//Si *v ,,$7-. Tel No: C, L 4 — Li to 2_8 -1 ? (Include City/Zip) ,&J tj o„ied G r 4 e_ot, . 9 i 41—c Business Affiliation: f �a^]til a Jc eir Title: r i-� rn Business Address: Tel. No.: Length of Residence in National City: 5 7,/ M. San Diego County: -s'ry California: 54. Educational Background: ✓ 6 ,sue- n t cet, Si`: ---(ee >Z/.��J � c �f/ ( /er ti c \Occupational Experience: 4.51,c 7 r ISoA / Co Li 51+- 7I:rr Professional or `Tectnal Ciganization Memberships: / / Z/bss- ekd Civic or Community Experience, Membership, or Previous Public Service Appointme%rnts: � e`T '7"t✓ & !V . C , L," o /v C.1 6 p /L') i c/ t "— Experience or Special Knowledge Pertainin to Area of Interest: Lo ✓<- a'/, cc,. Have you ever been convicted a felony crime? No:_ Yes:_ misdemeanor crime? No:_ Yes: _ If any convictions were uaged--disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information if "Yes" was marked for the above two questions. //4- Date: --Zti-ZoyrJ Signature: Please feel free to provide additional information or letters of endorsement. Return completed form to: Office of the City Clerk, 1243 National City Blvd., National City, CA 91950 Thank you for your interest in serving the City of National City. Pursuant to the California Public Records Act, information on this form Rev. February 2020 may be released to the public upon request. 19 of 392 CiTY OF NATIONAL CITY APPLICATION FOR APPOINTMENT ' TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Community & Police Relations Commission* (CPRC) Library Board of Trustees Parks, Recreation & Senior Citizens Advisory Board Veterans & Military Families Advisory Committee* Civil Service Committee )( Planning Commission Public Art Committee* Y, Traffic Safety Committee ➢ Applicants must be residents of the City of National City except for those marked by an * and all applicants must be U.S. Citizens. ➢ Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: Ricardo Sanchez E-Mail: Ricardo.sanchez619@gmail.com S Home Address: 100I10,E.4th Street Tel, No.: 619 699 9924 Business Affiliation: City of San Diego Title: Associate -Civil Engineer Business Address: 9573 Chesapeake Dr. San Diego CA 92123 Tel. No.: (858) 495-4758 Length of Residence in National City: 30+ San Diego County: 30+ California: 30 + Educational Background: 8,S in avil Engineering, and finishing up Masters in Construction Engineering Occupational Experience: Civil E gineer/Construction Management/Traffic Safety Professional or Technical Organization Memberships: Society of Hispanic Engineers, Engineers witout Boarders 540 Vier Bike- ( f.io.tl (e .te •j Civic or Community Experience, Membership, or Previous Public Service Appointments: Currently a Civil Servant Experience or Special Knowledge Pertaining to Area of Interest: Over 15 years in the Construction/Engineering Industry, over 5 years in public safety. Currently in storm water enforcement. t Air+ack.4 %1 Have you ever been convicted of a felony crime? No: x Yes: misdemeanor crime? No:1C Yes:__ If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions. c) -ci ` ri Date: Cipsr% Signature: ✓ W Please feel free to provide additional information or letters of endorsement. J ril Z r i i— rC:7 Return completed form to: Office of the City Clerk, 1243 National City Blvd., NationaLEityA 91950 Thank you for your interest in serving the City of National City. `< Pursuant to the California Public Records Act, Information on this form Revised: February 2 - raak be released to the public upon request 20 of 392 Ricardo Sanchez 1005 E.4 th• National City, CA 91950 • E-mail: ricardo.sanchez619@grnail.com • (619) 699-9924 EDUCATION SAN DIEGO STATE UNIVERSITY Bachelor of Science in Civil Engineering Masters of Science in Construction Engineering SKLLLS AND ABILITIES May 2008 Dec 2020 • CADD & GIS • Document Control (RFI, T&M, Submittals, Change Orders, Transmittals, Invoices) • SAP, Onbase, • BIM, Revit EXPERIENCE • Estimating (Timberline, HCSS) • Microsoft Office • Fluent: English/Spanish • Storm Water Pollution Prevention Plans • Schedule P6/MS Project • Hazards Material Coordinator (MSDS, Compliance, EPA) • Surveying, Optical, Total Station • Facilities Management CITY OF SAN DIEGO (CONSTRUCTION MANAGEMENT & FIELD ENGINEERING) ASSOCIATE ENGINEER -CONSTRUCTION STORM WATER • Manage a team of Construction Stormwater compliance inspectors. • Collaborate with in the City of San Diego, Caltrans, California Coastal Commission, State Water Board, along with other State and Federal regulatory agencies. • Generating quarterly financial, performance matrix in order to track and improve performance. • Advanced analytical, organizational and problem recognition/avoidance/resolution skills. ASSISTANT ENGINEER -RESIDENT ENGINEER CIP • Manage large development permits, and Capital Improvement Projects (CIP). • Provide technical advice on construction practices, methods and procedures. Implementation standards the Green Book, Building Coad, Title 24, ADA and City of San Diego White Book • Negotiate, conditions and costs related to design professional contracts and construction change orders. • Take part in committees, focus groups and a subject matter expert (SAP, VPM and City Hub). • Operating Procedures (SOPs) and SAP (Systems, Applications, and Products), subject mater expert. • Review bidding documents, construction cost estimates, as-builts, plans and specifications • Maintain project schedules, budget, resources, flow of information. • Communicating and collaborate with City, State and Federal agencies. • Diverse project delivery, design bid build, design build, CM at risk. VOLUNTEER ENGINEER (ARCHITECTURAL ENGINEERING & PARKS DIVISION) • Constructability reviews, RS Means, Estimation of material and labor • Assisted in preparing bid documents, and routing funding documents TC CONSTRUCTION INC. ✓L ESTIMATOR/PROJECTMANAGER • Worked with budgets, schedule, and document control • Coordination with Government entities, owners and subcontractors and stakeholders • Support field operations, provide technical, clerical and material coordination • Review vendor invoices, progress payments, RFIs and submittals • Estimating, take -offs, ran bids, communicated with subcontractors, and Reviewed scope on bids • Worked on water and waste water, underground and privet development projects BROOKS AUTOMATION FACILITIES ENGINEER • Coordinated discharge permits, hazardous material, water and air quality • Facilitated coordination between subcontractors, vendors and consultants • Supervisor of safety response team, developed Lockout/Tag out procedures • Managed self -monitoring documentation, material waste and water treatment plant. • Manage facility improvement contracts and maintenance contracts. MADISON HIGH SCHOOL CIVIL ENGINEER AND ARCHITECTURE TEACHER • Taught a course in Civil Engineering and Architecture, Intro to Engineering Design and Principals of Engineering • Developed community outreach and industry support for at risk youth program. • Worked closely with Division of State Architect, implementation of campus improvements. SKANSKA USA CIvIL Field Engineer • Managed on site environmental and waste management • Took field measurements using survey equipment, and quantity take offs. • Document control, data entry and analyses, engineering calculations • Managed field hiring and orientation process, including labor document verification. • Reviewed plans, insuring compliance to Caltrans Specifications June 2014 — Present San Diego, CA Santee, CA April 2013 — March 2014 Petaluma, CA September 2011— September 2012 San Diego, CA September 2009 — June 2011 Otay Mesa, CA May 2008 — November 2008 21 of 392 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Community & Police Relations Commission* (CPRC) Library Board of Trustees Parks, Recreation & Senior Citizens Advisory Board Veterans & Military Families Advisory Committee* Civil Service Committee _X_ Planning Commission Public Art Committee* X Traffic Safety Committee Advisory Housing Committee* Applicants must be residents of the City of National City except for those marked by an asterisk (*). All applicants must be U.S. Citizens. Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Applicants for the Advisory Housing Committee must have subject matter expertise in housing -related issues. Name: Zachariah Trujillo Home Address: (include City/Zip) Business Affiliation: Business Address: Length of Residence in National City: 2yrs 521 L Ave, NC CA 91950 E-Mail: zachariahtrujillo@gmail.com Tel No: 619-781-2051 Title: Tel. No.: San Diego County: 27yrs California: 27yrs Educational Background: Bachelors Degree in the Science of Accountancy Occupational Experience: Deployed Veteran OEF 2010. Retired Military 2013. Worked with a couple civil engineering firms in San Diego as an Accountant. Professional or Technical Organization Memberships: Southwest Lodge 283 Free Masons Civic or Community Experience, Membership, or Previous Public Service Appointments: This will be my start. Experience or Special Knowledge Pertaining to Area of Interest: Knowledge of project accounting for civil engineer allows me to understand terms of maps. Have you ever been convicted of a felony crime? No: X Yes: misdemeanor crime? No: X Yes: _ If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information if "Yes" was marked for the above two questions. Date: 07/08/2020 1147 07/06/2020 Signature: Vo,i,,ed by DDGFiva� Please feel free to provide additional information or letters of endorsement. Return completed form to: Office of the City Clerk, 1243 National City Blvd., National City, CA 91950 Thank you for your interest in serving the City of National City. Pursuant to the California Public Records Act, information on this form Rev. February 20— may be released to the public upon request. 22 of 392 Mike Dalla From: Zachariah Trujillo <zachariahtrujillo@gmail.com> Sent: Wednesday, July 08, 2020 10:30 AM To: Clerk Subject: Application for Appointment to Citys Boards, Commissions, and Committees - Zachariah Trujillo Attachments: Untitled.pdf; Date (1).pdf CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Good Morning Team, My name is Zachariah Trujillo. I have been a homeowner in National City for 1 year and 10 months. I do not plan on moving and would like to be a part of the community. Given my educational background with a Bachelors in Accountancy I feel my addition would add value, insightfulness, commitment to understanding presented material. I have been employed within the Civil Engineering industry at various employers for the last 3 years in the accounting section. Employers consisted of Kimley Horn and Project Design Consultants. Project Design Consultants was the Civil Engineering firm used for "National City Bayfront Marina District 2012" as well as "National City General Plan Update 2007." Given my accounting position I was able to review these plans after moving to National City 09/2018; curiosity in how the City would grow. I would enjoy being a part of our community elected board team, I feel the future holds great possibilities and would like to be apart of its development. Furthermore I am a Medically Retired Navy/Marine Veteran with awarded service to commitment and performance of valor in Operation Enduring Freedom Afghanistan 2010. During my time in service my positions included being part of the preventive medicine team to which I gathered information allowing for a quicker response to our 1st Light Armored Reconassiance Battalion consisting of 800+ Marines. Within a few months the first quarter of 2011 year I was awarded the Blue Jacket of Quarter for 1st Marine Corps Division. Begining of 2011 I was in an accident and relieved of my duties 2013 in service with a honorable medical retirement. To be chosen for a position on the Board would give me great honor and allow me to serve our community once more. Please find attached "Application for Appointment to Citys Boards, Commissions, and Committees." Thank you for your time and consideration, Zachariah Trujillo zachariahtrujil Io@gmail.com 619-781-2051 1 23 of 392 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. 24 of 392 Item # 08/04/20 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) 25 of 392 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the acceptance of annual grant funds & the establishment of an appropriation and corresponding revenue budget for the Regional Realignment Response Group (R3) based upon a Memorandum of Agreement signed by the Chief of Police pursuant to Council Resolution 2019-109 between the National City Police Department, the County of San Diego (San Diego Sheriff's Department and Probation Department) and municipal law enforcement agencies throughout the County for support of R3G Operations in the amount of $67,000. (Police) Please scroll down to view the backup material. 26 of 392 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 4, 2020 AGENDA ITEM NO. ITEM TITLE: 'Resolution of the City Council of the City of National City authorizing the acceptance of annual grant funds & the establishment of an appropriation and corresponding revenue budget for the Regional Realignment Response Group (R3) based upon a Memorandum of Agreement signed by the Chief of Police pursuant to Council Resolution 2019-109 between the National City Police Department, the County of San Diego (San Diego Sheriff's Department and Probation Department) and municipal law enforcement agencies throughout the County for support of R3G Operations in the amount of $67,000. PREPARED BY: [Wade Walters, Sergeant] PHONE: Ext. 4544 EXPLANATION: Refer to Attachment. DEPARTMENT: p APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. ;Revenue: 290-11647-3463 Expense: 290-411-647-1 * APPROVED: APPROVED: • Finance (Other State Grants) $67,000 (Personnel) $67,000 No net financial impact. Revenues off -set expenses. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: Approve Resolution! BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Staff Report MOU 27 of 392 \ 1 1 / / , CALIFORNIA . NA'!'I O NA�fL CIT Y 11T COAPORATF.D NATIONAL CITY POLICE DEPARTMENT STAFF REPORT DATE: August 4, 2020 SUBJECT: Resolution of the City Council of the City of National City authorizing the acceptance of annual grant funds & the establishment of an appropriation and corresponding revenue budget for the Regional Realignment Response Group (R3) based upon a Memorandum of Agreement signed by the Chief of Police pursuant to Council Resolution 2019-109 between the National City Police Department, the County of San Diego (San Diego Sheriff's Department and Probation Department) and municipal law enforcement agencies throughout the County for support of R3G Operations in the amount of $67,000. SUMMARY It is recommended the City Council approve the Resolution of the City Council of the City of National City to authorize the acceptance of the grant funds to support the operations by the police department in connection with the Regional Realignment Response Group. BACKGROUND The National City Council passed and adopted the original Memorandum of Agreement on January 21, 2014 (Resolution No. 2014-03) authorizing the Chief of Police to enter into a Memorandum of Agreement with the County of San Diego (San Diego Sheriff's Department and Probation Department) and municipal law enforcement agencies throughout the County for program support of the Regional Realignment Response Group (R3). The National City Police Department received grant funds in the amount of $31,539 in 2014 from the Community Corrections Partnership (R3) to support R3 and its primary goal of public safety. The National City Council passed and adopted a Memorandum of Agreement on September 6, 2016 (Resolution No. 2016-03) authorizing the Chief of Police to enter into a Memorandum of Agreement with the County of San Diego (San Diego Sheriff's Department and Probation Department) and municipal law enforcement agencies throughout the County for program support of the Regional Realignment Response Group (R3). The National City Police Department was allocated and received grant funds in the amount of $45,000 1 1200 National City Boulevard National City, CA 91950 (619) 336-4512/Fax (619) 336-4525 28 of 392 \ 1 1 / / , CALIFORNIA . NA'i'I O NAL CJT'y (L� 311TCOAP OiL ATED and the total expense has not been finished to support R3 and its primary goal of public safety. The National City Council passed a resolution on April 17, 2018 (Resolution No. 2018-54) authorizing the Chief of Police to enter into a Memorandum of Agreement with the County of San Diego (San Diego Sheriff's Department and Probation Department) and municipal law enforcement agencies throughout the County for program support of the Regional Realignment Response Group (R3). The National City Police Department was allocated and received grant funds in the amount of $45,000 in 2018. The National City Council passed a resolution on August 6, 2019 (Resolution No. 2019-109) authorizing the Chief of Police to enter into a Memorandum of Agreement with the County of San Diego (San Diego Sheriff's Department and Probation Department) and municipal law enforcement agencies throughout the County for program support of the Regional Realignment Response Group (R3). The National City Police Department was allocated and received grant funds in the amount of $65,000 in 2019. CURRENT PROPOSAL The current request for Council is to authorize the department to accept the annual grant funds to continue to support operations described in the Memorandum of Agreement that is in effect from July 1, 2017 through June 30, 2022 with the County of San Diego (San Diego Sheriff's Department and Probation Department) for the Regional Realignment Group. As part of this agreement, the National City Police Department will continue to receive grant funding in an amount to be determined but estimated at $67,000. The funds shall be used to support R3 and its primary goal of public safety by developing and implementing targeted, proactive, intelligence -based approach to control and counteract the risks associated with realigned offenders and Post Release Community Supervision Offenders, released into San Diego County. IMPACT None. No net financial impact. Revenue off set expenses. 2 1200 National City Boulevard National City, CA 91950 (619) 336-4512/Fax (619) 336-4525 29 of 392 AGREEMENT FOR THE REGIONAL REALIGNMENT RESPONSE (R3) PROGRAM 1. PARTIES TO THE AGREEMENT This Agreement is between the COUNTY OF SAN DIEGO ("COUNTY"), the CITY OF CARLSBAD, the CITY OF CHULA VISTA, the CITY OF CORONADO, the CITY OF EL CAJON, the CITY OF ESCONDIDO, the CITY OF LA MESA, the CITY OF NATIONAL CITY, the CITY OF OCEANSIDE, the CITY OF SAN DIEGO (collectively the "CITIES"), collectively the "PARTIES", for program support of the Regional Realignment Response ("R3"). 1.1 Party Departments or Agencies Participating in the Agreement 1.1.1 For the COUNTY, participating agencies are the Sheriffs Department ("SHERIFF") and the Probation Department ("PROBATION"). 1.1.2 For the CITIES, participating agencies are their respective police departments. The services and obligations of PARTIES and their participating agencies are set forth herein. 2. RECITALS 2.1 WHEREAS, in April 20I 1, Governor Edmund G. Brown, Jr. signed Assembly Bill (AB) 109 to help California stop the costly, ineffective, and unsafe revolving door of lower -level offenders and parole violators cycling in and out of state prisons. This legislation gives local law enforcement the right and the ability to manage offenders in smarter and cost-effective ways; and 2.2 WHEREAS, in December 2013, COUNTY through SHERIFF implemented the Regional Realignment Response (R3) program in response to the passage of AB 109 and received funds from the State of California Local Revenue Fund 2011, Community Corrections Subaccount and continues to receive funds annually to continue the R3 program; and 2.3 WHEREAS, in March 2014, PARTIES executed the Agreement for the 2013 Regional Realignment Response (R3) for the initial term of December 31, 2013 through December 31, 2014; and 2.4 WHEREAS, in January 2015, PARTIES executed Amendment No.1 where Paragraph 3.1 provides that "(t)he term of this Agreement shall be December 31, 2013 and shall continue in effect through and terminate at midnight on December 31, 2015 subject to the termination provision in sections 3.2..."; and 1 30 of 392 2.5 WHEREAS, in May 2015, PARTIES executed Amendment No. 2 to increase each CITY'S allocation for personnel overtime; and 2.6 WHEREAS, in August 2015, PARTIES executed Amendment No. 3 to extend the Agreement from December 31, 2015 to June 30, 2016; and 2.7 WHEREAS, in October 2016, PARTIES executed the Agreement for the 2016 Regional Realignment Response (R3) for the initial term of July 1, 2016 through December 31, 2017; and 2.8 WHEREAS, in June 2016, the COUNTY and the CITY OF EL CAJON executed Amendment No. 4 to increase the CITY'S allocation for personnel overtime; and 2.9 WHEREAS, funds shall be used to support the R3 program and its primary goal of public safety by developing and implementing a targeted, proactive, intelligence -based approach to control and counteract the risks associated with realigned offenders (which include those sentenced pursuant to California Penal Codes 1170(h)(5)(A) PC and 1170(h)(5)(B) PC and Post Release Community Supervision Offenders) released into San Diego County. 2.10 WHEREAS, Government Code §55632 authorizes COUNTY through SHERIFF and PARTIES, to contract with SHERIFF for provision of joint law enforcement services. 2.10.1 WHEREAS, COUNTY has requested PARTIES assistance in performing R3 operations and will reimburse PARTIES for overtime -only expenses incurred collectively by PARTIES in R3 program operations not to exceed $1,000,000 during the term of the Agreement. 2.11 WHEREAS, PARTIES desire to enter into an agreement with provisions concerning the nature and extent of R3 collaboration, services rendered, and compensation. 2.12 WHEREAS, COUNTY, by action of the Board of Supervisors Minute Order No. 3 dated June 28, 2016, approved and authorized the SHERIFF to enter into expenditure contracts related to the R3 program and to reimburse overtime expenses incurred collectively by PARTIES performing R3 program Operations in fiscal year 2016 and subsequent years. 2.13 PARTIES agree to maintain documentation as required in paragraph 7.3 Method of Payment, supporting all expenditures reimbursed from R3 program funds, for a period of five years, with five years beginning the day after the end of the project period, e.g., if the end of the project period is June 30, 2018, five years begins July 1, 2018 and ends June 30, 2023. 2 31 of 392 NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, PARTIES jointly intend that COUNTY through SHERIFF will reimburse, and PARTIES will provide, a level of R3 services, as set forth in this Agreement. 3. PURPOSE AND INTENT The purpose of this Agreement is to satisfy the R3's goal of ensuring public safety in the post AB 109 environment by the continued development and implementation of a targeted, proactive, intelligence -based approach to control and counteract the risks associated with a population of offenders placed under the responsibility of the county. 4. SCOPE OF SERVICES 4.1 Method of Service Delivery SHERIFF will maintain the R3 program funding and will be administratively responsible for coordination of PARTIES' obligations and reimbursement to PARTIES' under this Agreement. 4.2 Overview of Basic Services PARTIES will provide R3 operations ("Operations") in their designated areas of jurisdiction and/or in coordination with other R3 PARTIES in order to counteract the risks associated with realigned offenders released into San Diego County. 4.2.1 Framework of Operations The Regional Realignment Response Group (R3G), consisting of designated coordinators from each PARTY, as outlined in paragraph 6.2.3, will oversee R3 Operations and will meet every six (6) months to discuss and plan Operations. 4.2.2 Regional Sub -Group Regional Sub -Groups (RSGs) are created for the Northern, Central, and Southern areas of the County. The RSGs are responsible for planning and coordinating allied or regional Operations involving two or more PARTIES. The RSGs are composed of the following: NORTHERN: A police lieutenant from the cities of Escondido, Carlsbad, and Oceanside, a lieutenant from SHERIFF, and a supervising probation officer from PROBATION. CENTRAL: A police lieutenant from the cities of San Diego, El Cajon, and La Mesa, a lieutenant from SHERIFF, and a supervising probation officer from PROBATION. SOUTHERN: A police lieutenant from the cities of San Diego, National City, and Chula Vista, a lieutenant from SHERIFF, a commander from the city of Coronado, and a supervising probation officer from PROBATION. 3 32 of 392 5. TERM OF AGREEMENT 5.1 Initial Term This Agreement shall be effective July 1, 2017 and shall continue in effect through and terminate at midnight on June 30, 2022, or until terminated pursuant to sections 5.2, subject to availability of funds, and 5.3 below. 5.2 Option to Extend COUNTY shall have the option to renew this Agreement for successive one year increments beyond June 30, 2022. Renewal or extension of the Agreement beyond June 30, 2022 shall be subject to available funding. 5.3 Termination Subject to the applicable provisions of state law, each PARTY may terminate its participation in this Agreement upon ninety (90) days minimum written notice to the other PARTIES. Lack of funding may also result in termination of this agreement pursuant to section 10.13. 6. STANDARDS OF SERVICE: OBLIGATIONS OF THE PARTIES 6.1 Anticipated Outcome The anticipated outcome of the R3 Operations, provided by PARTIES under this Agreement, is increased law enforcement presence in each respective PARTY's designated area of jurisdiction in order to counteract the risks associated with realigned offenders released into San Diego County. The anticipated outcome will be reached by achieving the goals and accomplishing the missions set forth below by the PARTIES. 6.1.1 PARTIES will provide enhanced enforcement by increasing patrol presence in areas where realigned offenders reside, jurisdictions where they are released, and areas they are known to frequent. This patrol presence will include 4th waiver searches, probation compliance checks, directed patrol, and coordinated multi -agency sweeps. In addition, PARTIES will utilize their unique investigatory areas of expertise in Operations. 6.1.2 Increase intelligence/information sharing among PARTIES, including but not limited to the following activities: (a) Utilize Criminal Intelligence Analysts, dedicated to the R3 program, located at the San Diego Law Enforcement Coordination Center (SD-LECC). The SD-LECC will serve as the centralized clearinghouse for information and documentation of realigned offender post -release packets. (b) Conduct meetings every six (6) months with a minimum of one (1) representative from each PARTY. (c) Increase information sharing during Operations. 4 33 of 392 6.1.3 Prior to R3 Operations, an Operations Plan must be approved by the R3designated coordinators. The Operations Plan shall be submitted by the operations coordinator via email to R3@sdsheriff.org at least seventy-two (72) hours prior to the Operation. 6.1.4 At the conclusion of each R3 Operation, participating PARTY shall complete a Daily Activity Report (DAR). The DAR will be submitted to the PARTY'S designated coordinator. 6.1.5 The designated coordinator shall email the following to R3@sdsheriff.org: (a) A completed OVERALL Operation Statistics form (b) All completed DAR forms received from personnel (c) A completed Operation Roster which includes all personnel assigned to the Operation and sign in and sign out times. 6.2 Personnel Qualifications and Assignment 6.2.1 Qualifications Each PARTY shall ensure that personnel assigned to perform Operations pursuant to this Agreement meet the minimum qualification for their specific classification. 6.2.2 Management, Direction and Supervision The hiring, firing, management, direction, and supervision of each PARTY's personnel, the standards of performance, the discipline of each PARTY'S personnel, and all other matters incident to the performance of such services, shall be performed by and be the responsibility of each PARTY in each PARTY's sole but reasonable judgment and in accord with the provisions of applicable labor agreements. Each PARTY shall be the appointing authority for all its personnel provided to the R3 program by this Agreement. PARTIES shall have no liability for any direct payment of salary, wages, indemnity, or other compensation or benefit to any other PARTY's personnel engaged in performing this Agreement. 6.2.3 Designated Coordinators SHERIFF shall select and designate a coordinator who shall manage and direct the R3 program. Each other PARTY shall select and designate a coordinator under this Agreement. The designated coordinators for each PARTY shall represent their agency on the R3 outlined in Section 4.2, perform the activities outlined in Section 6.1.5 and implement, as needed, appropriate procedures governing the performance of all requirements under this Agreement and shall be responsible for meeting and conferring in good faith in order to address any disputes which may arise concerning implementation of this Agreement. 5 34 of 392 6.2.4 Staffing for Basic Services PARTIES shall ensure that adequate numbers of their qualified respective personnel are provided to R3 program Operations at all times during the term of this Agreement to meet the Basic Services, Scope of Services, and Standards of Service commitments set forth herein. 6.2.5 Equipment and Supplies Each PARTY will supply its own personnel with all supplies and/or prescribed safety gear, body armor, and/or standard issue equipment necessary to perform R3 program Operations under this agreement. 7. COST OF SERVICES/CONSIDERATION 7.1 General As full consideration for the satisfactory performance and completion by PARTIES of Operations set forth in this Agreement, COUNTY through SHERIFF shall reimburse PARTIES for personnel assigned to perform R3 program Operations on the basis of claims and submittals as set forth hereunder. Such payments by COUNTY through SHERIFF are dependent on the continued availability of funds from the State of California Local Revenue Fund, Community Corrections Subaccount. 7.2 Personnel Costs/Rate of Compensation During the term of this Agreement, COUNTY through SHERIFF shall reimburse PARTIES for overtime worked by personnel assigned to perform R3 program Operations based upon available funding and the actual costs incurred by PARTIES to provide Operations under this Agreement. 7.3 Method of Payment PARTIES shall submit correct and complete reimbursement forms, labor reports, and timesheets, as documentation that represents amounts due under this Agreement to SHERIFF no later than the final business day of the subsequent month from the month being claimed. All requests for reimbursement shall be sent to: San Diego County Sheriff s Department 0-41 Grants Unit (R3) P. O. Box 939062 San Diego, CA 92193-9062 7.3.1 Reimbursement forms, labor reports, and timesheets must have the signature of PARTY's designated coordinator or his or her designee, certifying that the invoice, labor reports, and timesheets are true and correct. 7.3.2 PARTIES shall provide payroll records for every person whose costs are reimbursable under this Agreement, to include, at a minimum, the person's name, classification, duty position, task, regular hourly rate, overtime -hourly rate, overtime hours worked, date overtime worked, and fringe benefit rate and cost. PARTIES shall make available to SHERIFF for inspection, upon request, 6 35 of 392 all payroll records and any other records that relate to the Basic Services provided under this Agreement. 7.3.3 Within sixty (60) business days upon receipt of valid invoice and complete documentation, SHERIFF will reimburse PARTIES for the Basic Services agreed to. 7.3.4 Each PARTY is responsible for tracking the claims submitted by their agency to ensure their total claim does not exceed the allocation for their agency. 8. INDEMNIFICATION - WORKERS COMPENSATION, EMPLOYMENT AND CLAIMS AND LIABILITY ISSUES 8.1. The COUNTY shall fully indemnify and hold harmless non -County PARTIES and their respective officers, employees, and agents, from any claims, losses, fines, expenses (including attorneys' fees and court costs and/or arbitration costs), costs, damages or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of the COUNTY or any contract labor provider retained by the COUNTY, or (2) any claim, demand, suit, or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of the COUNTY or any contract labor provider retained by the COUNTY. 8.2 Each non -County PARTY shall fully indemnify and hold harmless the COUNTY, its officers, employees, and agents, from any claims, losses, fines, expenses (including attorneys' fees and court costs or arbitration costs), costs, damages or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of that respective agency or any contract labor provider retained by that respective agency, or (2) any claim, demand, suit, or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of that respective agency or any contract labor provider retained by that respective agency. 8.3 Each non -County PARTY shall fully indemnify and hold harmless the other non - County PARTIES, its officers, employees, and agents, from any claims, losses, fines, expenses (including attorneys' fees and court costs or arbitration costs), costs, damages or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of that respective agency or any contract labor provider retained by non -County party, or (2) any claim, 7 36 of 392 demand, suit, or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of that respective law enforcement agency or any contract labor provider retained by the law enforcement agency. 9. INDEMNIFICATION RELATED TO ACTS OR OMISSIONS; NEGLIGENCE 9.1 Claims Arising From Sole Acts or Omissions of a PARTY Each PARTY to this Agreement hereby agrees to defend and indemnify the other PARTIES to this Agreement, their agents, officers, and employees, from any claim, action, or proceeding against the other PARTIES, arising solely out of its own acts or omissions in the performance of this Agreement. At each PARTY's sole discretion, each PARTY may participate at its own expense in the defense of any claim, action, or proceeding, but such participation shall not relieve any PARTY of any obligation imposed by this Agreement. PARTIES shall notify each other promptly of any claim, action, or proceeding and cooperate fully in the defense. 9.2 Claims Arising From Concurrent Acts or Omissions The PARTIES hereby agree to defend themselves from any claim, action, or proceeding arising out of the concurrent acts or omissions of the PARTIES. In such cases, PARTIES agree to retain their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs, except as provided in paragraph 9.4 below. 9.3 Joint Defense Notwithstanding paragraph 9.2 above, in cases where PARTIES agree in writing to a joint defense, PARTIES may appoint joint defense counsel to defend the claim, action, or proceeding arising out of the concurrent acts or omissions of PARTIES. Joint defense counsel shall be selected by mutual agreement of PARTIES. PARTIES agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as provided in section 9.4 below. PARTIES further agree that no PARTY may bind the others to a settlement agreement without the written consent of the others. 9.4 Reimbursement and/or Reallocation Where a trial verdict or arbitration award allocates or determines the comparative fault of the parties, PARTIES may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments and awards, consistent with such comparative fault. 10. GENERAL PROVISIONS 10.1 Independent Contractor Status 10.1.1 In the performance of services under this Agreement, COUNTY and CITIES acknowledge and agree that COUNTY and its respective officers, agents and/or employees shall be deemed independent contractors and not officers, 8 37 of 392 agents or employees of CITIES; CITIES and their respective officers, agents and/or employees shall be deemed independent contractors and not officers, agents or employees of COUNTY. All such personnel provided by COUNTY under this Agreement are under the direct and exclusive supervision, daily direction, and control of COUNTY and COUNTY assumes full responsibility for the actions of such personnel in the performance of services hereunder; all such personnel provided by CITIES under this Agreement are under the direct and exclusive supervision, daily direction, and control of their respective agencies and each agency assumes full responsibility for the actions of such personnel in the performance of services hereunder. 10.1.2 COUNTY and CITIES acknowledge and agree that COUNTY does not control the manner and means of performing the work of CITIES' officers, agents or employees who perform R3 program Operations, nor does COUNTY have the right to hire or fire such officers, agents or employees. CITIES do not control the manner and means of performing the work of COUNTY officers, agents or employees who perform R3 program Operations, nor do CITIES have the right to hire or fire such officers, agents or employees. 10.1.3 COUNTY has no authority of any kind to bind CITIES, and CITIES have no authority to bind COUNTY in any respect whatsoever, nor shall COUNTY act or attempt to act, or represent itself directly or by implication as an agent of CITIES, or in any manner assume or create or attempt to assume or create any obligation on behalf of or in the name of CITIES. CITIES shall not act or attempt to act, or represent themselves directly or by implication as an agent of COUNTY, or in any manner assume or create or attempt to assume or create any obligation on behalf of or in the name of COUNTY. 10.2 Notices Any notice, request, demand, or other communication required or permitted hereunder shall be in writing and may be personally delivered or given as of the date of mailing by depositing such notice in the United States mail, first-class postage prepaid and addressed as follows or, to such other place as each party may designate by subsequent written notice to each other: To COUNTY and SHERIFF: Sheriff San Diego County Sheriff s Department P. O. Box 939062 San Diego, CA 92193 Chief Probation Officer Probation Department 9444 Balboa Avenue, Ste. 500 San Diego, CA 92123 9 38 of 392 To non -County PARTIES: Chief of Police Carlsbad Police Department 2560 Orion Way Carlsbad, CA 92010 Chief of Police Coronado Police Department 700 Orange Avenue Coronado, CA 92118 Chief of Police Escondido Police Department 1163 North Centre City Parkway Escondido, CA 92026 Chief of Police National City Department 1200 National City Boulevard National City, CA 91950 Chief of Police San Diego Police Department 1401 Broadway San Diego, CA 92101 Chief of Police Chula Vista Police Department 315 Fourth Avenue Chula Vista, CA 91910 Chief of Police El Cajon Police Department 100 Civic Center Way El Cajon, CA 92020 Chief of Police La Mesa Police Department 8085 University Avenue La Mesa, CA 91942 Chief of Police Oceanside Police Department 3855 Mission Avenue Oceanside, CA 92058 A notice shall be effective on the date of personal delivery if personally delivered before 5:00p.m. on a business day or otherwise on the first business day following personal delivery; or two (2) business days following the date the notice is postmarked, if mailed; or on the first business day following delivery to the applicable overnight courier, if sent by overnight courier for next business day delivery and otherwise when actually received. 10.3 Amendment This Agreement may be modified or amended only by a written document signed by the COUNTY through SHERIFF and the affected PARTY or PARTIES, and no oral understanding or agreement shall be binding on any PARTY or PARTIES. 10.4 Entire Agreement This Agreement constitutes the complete and exclusive statement of agreement between the COUNTY and non -County PARTIES with respect to the subject matter hereto. As such, all prior written and oral understandings are superseded in total by this Agreement. 10 39 of 392 10.5 Construction This Agreement will be deemed to have been made and shall be construed, interpreted, governed, and enforced pursuant to and in accordance with the laws of the State of California. The headings and captions used in this Agreement are for convenience and ease of reference only and shall not be used to construe, interpret, expand, or limit the terms of the Agreement and shall not be construed against any one PARTY. 10.6 Waiver A waiver by COUNTY or non -County PARTIES of a breach of any of the covenants to be performed by COUNTY or non -County PARTIES shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions, or conditions of this Agreement. In addition, the failure of any party to insist upon strict compliance with any provision of this Agreement shall not be considered a waiver of any right to do so, whether for that breach or any subsequent breach. The acceptance by COUNTY or non -County PARTIES of either performance or payment shall not be considered a waiver of PARTY's preceding breach of this Agreement. 10.7 Authority to Enter Agreement COUNTY and non -County PARTIES have all requisite power and authority to conduct their respective business and to execute, deliver, and perform the Agreement. Each PARTY warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective PARTY. 10.8 Cooperation COUNTY through SHERIFF and non -County PARTIES will cooperate in good faith to implement this Agreement. 10.9 Counterparts This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. COUNTY through SHERIFF will provide each non -County PARTY with a copy of this Agreement once fully executed. 10.10 Severability This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any Court or other legal authority, or is agreed upon by the PARTIES, to be in conflict with any law or regulation, then the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of this Agreement to any PARTY is lost, then the Agreement may be terminated at the option of the affected PARTY, with the notice as required in this Agreement. In all other cases, the remainder of this Agreement shall be severable and shall continue in full force and effect. 11 40 of 392 10.11 Representation Each PARTIES' Chief, or their respective designee, shall represent their agency in all discussions pertaining to this Agreement. SHERIFF, or his or her designee, shall represent SHERIFF in all discussions pertaining to this Agreement. 10.12 Dispute Resolution Concerning Services and Payment In the event of any dispute concerning services and payment arising from this Agreement, the SHERIFF, or his or her designee, and PARTIES' Chief of Police, or his or her respective designee, will meet and confer within ten (10) business days after receiving notice of the dispute to resolve the dispute. 10.13 Termination of Funding In the event that funding for reimbursement of costs related to R3 program Operations is terminated, this Agreement in its entirety shall be considered null and void and PARTIES shall no longer be required to provide R3 program Operations as described herein. In such event, COUNTY through SHERIFF shall notify all PARTIES in writing and all PARTIES shall meet immediately, and if agreed upon by the PARTIES, mutually develop and implement within a reasonable time frame, a transition plan for the provision of R3 program Operations through alternate means. 10.14 Obligation This Agreement shall be binding upon the successors of the PARTIES. 10.15 California Law This Agreement is executed and delivered within the State of California and the rights and obligations of the PARTIES hereto shall be construed and enforced in accordance with, and governed by the laws of the State of California. IN WITNESS WHEREOF, the PARTIES hereto approve and agree to the terms of this Agreement, such Agreement being effective July 1, 2017 and executed on this -1' day of is. 1' R-1 ti- , 2018. COUNTY OF SAN DIEGO SHERIFF'S t/44:000fadtf/ RIFF''SDEPARTMENT William D. Gore Sheriff CARLSBAD POLICE DEPARTMENT ATTACHED Neil Gallucci Chief COUNTY OF SAN DIEGO PROBATION DEPARTMENT Adolfo Gonzales Chief CHULA VISTA POLICE DEPARTMENT ATTACHED Roxana Kennedy Chief 12 41 of 392 10.11 Representation Each PARTIES' Chief, or their respective designee, shall represent their agency in all discussions pertaining to this Agreement. SHERIFF, or his or her designee, shall represent SHERIFF in all discussions pertaining to this Agreement. 10.12 Dispute Resolution Concerning Services and Payment In the event of any dispute concerning services and payment arising from this Agreement, the SHERIFF, or his or her designee, and PARTIES' Chief of Police, or his or her respective designee, will meet and confer within ten (10) business days after receiving notice of the dispute to resolve the dispute. 10.13 Termination of Funding In the event that funding for reimbursement of costs related to R3 program Operations is terminated, this Agreement in its entirety shall be considered null and void and PARTIES shall no longer be required to provide R3 program Operations as described herein. In such event, COUNTY through SHERIFF shall notify all PARTIES in writing and all PARTIES shall meet immediately, and if agreed upon by the PARTIES, mutually develop and implement within a reasonable time frame, a transition plan for the provision of R3 program Operations through alternate means. 10.14 Obligation This Agreement shall be binding upon the successors of the PARTIES. 10.15 California Law This Agreement is executed and delivered within the State of California and the rights and obligations of the PARTIES hereto shall be construed and enforced in accordance with, and governed by the laws of the State of California. IN WITNESS WHEREOF, the PARTIES hereto approve and agree to the terms of this Agreement, such Agreement being effective July 1, 2017 and executed on this 'D-' day of , 2018. COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT PROBATION DEPARTMENT ATTACHED ATTACHED William D. Gore Adolfo Gonzales Sheriff Chief CARLSBAD POLICE DEPARTMENT CHULA VISTA POLICE DEPARTMENT /(r ATTACHED Neil Gallucci Roxana Kennedy Chief Chief 12 42 of 392 10.11 Representation Each PARTIES' Chieff, or their respective designee, shall represent their agency in all discussions pertaining to this Agreement. SHERIFF, or his or her designee, shall represent SI IF:RIFF in all discussions pertaining to this Agreement. 10.12 Dispute Resolution Concerning Services and Payment In the event of any dispute concerning services and payment arising from this Agreement, the SHERIFF, or his or her designee, and PARTIES' Chief of Police, or his or her respective designee, will meet and confer within ten (10) business days after receiving notice of the dispute to resolve the dispute. 10.13 Termination of Funding In the event that funding for reimbursement of costs related to R3 program Operations is terminated, this Agreement in its entirety shall be considered null and void and PARTIES shall no longer be required to provide R3 program Operations as described herein. In such event, COUNTY through SHERIFF shall notify all PARTIES in writing and all PARTIES shall meet immediately, and if agreed upon by the PARTIES, mutually develop and implement within a reasonable time frame, a transition plan for the provision of R3 program Operations through alternate means. 10.14 Obligation This Agreement shall be binding upon the successors of the PARTIES. 10.15 California Law This Agreement is executed and delivered within the State of California and the rights and obligations of the PARTIES hereto shall be construed and enforced in accordance with, and governed by the laws of the State of California. IN WITNESS WHEREOF, the PARTIES hereto approve and agree to the terms of this Agreement, such Agreement being effective July I, 2017 and executed on this "-I-WA day of L.--PP , 2018. COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT PROBATION DEPARTMENT ATTACHED ATTACHED William D. Gore Sheriff Adolfo Gonzales Chief CARLSBAD POLICE DEPARTMENT CHVISTA POLICE DEPARTMENT ATTACHED Neil Gallucci Ro an Kennedy Chief Chief' dis 12 43 of 392 ORONADO POLICE DEPARTMENT CITY OF EL CAJON Jon Froornin Chief ATTACHED Douglas Williford City Manager ESCONDIDO POLICE DEPARTMENT LA MESA POLICE DEPARTMENT ATTACHED ATTACHED Craig Carter Walt Vasquez Chief Chief NATIONAL CITY POLICE DEPARTMENT OCEANSIDE POLICE DEPARTMENT ATTACHED ATTACHED Manuel Rodriguez Chief Frank McCoy Chief SAN DIEGO POLICE DEPARTMENT CITY OF SAN DIEGO ATTACHED ATTACHED David Nisleit Chief Approved as to form and legality: SAN DIEGO COUNTY COUNSEL Kevin Faulconer (or designee) Mayor Approved as to form: MARA W. ELLIOTT, SAN DIEGO CITY ATTORNEY ATTACHED ATTACHED Mark Day Senior Deputy By Deputy City Attorney 13 44 of 392 CORONADO POLICE DEPARTMENT CITY OF EL CAJOIS ATTACHED Jon Froomin Chief Doug s Williford City Manager ESCONDIDO POLICE DEPARTMENT LA MESA POLICE DEPARTMENT ATTACHED ATTACHED Craig Carter Chief Walt Vasquez Chief NATIONAL CITY POLICE DEPARTMENT OCEANSIDE POLICE DEPARTMENT ATTACHED ATTACHED Manuel Rodriguez Frank McCoy Chief Chief SAN DIEGO POLICE DEPARTMENT CITY OF SAN DIEGO ATTACHED ATTACHED David Nisleit Chief Approved as to form and legality: SAN DIEGO COUNTY COUNSEL Kevin Faulconer (or designee) Mayor Approved as to form: MARA W. ELLIOTT, SAN DIEGO CITY ATTORNEY ATTACHED ATTACHED Mark Day Senior Deputy Paige E. Folkman Chief Deputy City Attorney 13 45 of 392 CORONADO POLICE DEPARTMENT CITY OF EL CAJON ATTACHED Jon Froomin Chief ESCON ATTACHED Douglas Williford City Manager DEPARTMENT LA MESA POLICE DEPARTMENT ATTACHED Craig Carte Walt Vasquez Chief Chief NATIONAL CITY POLICE DEPARTMENT OCEANSIDE POLICE DEPARTMENT ATTACHED ATTACHED Manuel Rodriguez Chief Frank McCoy Chief SAN DIEGO POLICE DEPARTMENT CITY OF SAN DIEGO ATTACHED ATTACHED David Nisleit Chief Approved as to form and legality: SAN DIEGO COUNTY COUNSEL Kevin Faulconer (or designee) Mayor Approved as to form: MARA W. ELLIOTT, SAN DIEGO CITY ATTORNEY ATTACHED ATTACHED Mark Day Senior Deputy By Deputy City Attorney 13 46 of 392 CORONADO POLICE DEPARTMENT CITY OF EL CAJON ATTACHED Jon Froomin Chief ATTACHED Douglas Williford City Manager ESCONDIDO POLICE DEPARTMENT LA MESA POLICE DEPARTMENT ATTACHED Craig Carter Walt Vasquez Chief Chief NATIONAL CITY POLICE DEPARTMENT OCEANSIDE POLICE DEPARTMENT ATTACHED ATTACHED Manuel Rodriguez Chief Frank McCoy Chief SAN DIEGO POLICE DEPARTMENT CITY OF SAN DIEGO ATTACHED ATTACHED David Nisleit Chief Approved as to form and legality: SAN DIEGO COUNTY COUNSEL Kevin Faulconer (or designee) Mayor Approved as to form: MARA W. ELLIOTT, SAN DIEGO CITY ATTORNEY ATTACHED ATTACHED Mark Day Senior Deputy By Deputy City Attorney 13 47 of 392 CORONADO POLICE DEPARTMENT CITY OF EL CAJON ATTACHED ATTACHED Jon Froomin Chief Douglas Williford City Manager ESCONDIDO POLICE DEPARTMENT LA MESA POLICE DEPARTMENT ATTACHED ATTACHED Craig Carter Walt Vasquez Chief Chief NATIONAL CITY ' LICE DEPARTMENT OCEANSIDE POLICE DEPARTMENT Manuel Ro riguez Chief SAN DIEGO POLICE DEPARTMENT ATTACHED David Nisleit Chief Approved as to form and legality: SAN DIEGO COUNTY COUNSEL ATTACHED Frank McCoy Chief CITY OF SAN DIEGO ATTACHED Kevin Faulconer (or designee) Mayor Approved as to form: MARA W. ELLIOTT, SAN DIEGO CITY ATTORNEY ATTACHED ATTACHED Mark Day Senior Deputy Paige E. Folkman Chief Deputy City Attorney 13 48 of 392 CORONADO POLICE DEPARTMENT CITY OF EL CAJON ATTACHED ATTACHED Jon Froomin Chief Douglas Williford City Manager ESCONDIDO POLICE DEPARTMENT LA MESA POLICE DEPARTMENT ATTACHED ATTACHED Craig Carter Chief Walt Vasquez Chief NATIONAL CITY POLICE DEPARTMENT OCEANSIDE POLICE DEPARTMENT ATTACHED Manuel Rodriguez Chief Frank McCoy Chief SAN DIEGO POLICE DEPARTMENT CITY OF SAN DIEGO ATTACHED ATTACHED David Nisleit Chief Approved as to form and legality: SAN DIEGO COUNTY COUNSEL Kevin Faulconer (or designee) Mayor Approved as to form: MARA W. ELLIOTT, SAN DIEGO CITY ATTORNEY ATTACHED ATTACHED Mark Day Senior Deputy By Deputy City Attorney 13 49 of 392 CORONADO POLICE DEPARTMENT CITY OF EL CAJON Jon Froomin Chief Douglas Williford City Manager ESCONDIDO POLICE DEPARTMENT LA MESA POLICE DEPARTMENT Craig Carter Walt Vasquez Chief Chief NATIONAL CITY POLICE DEPARTMENT OCEANSIDE POLICE DEPARTMENT Manuel Rodriguez Chief Frank McCoy Chief SAN DIEGO POLICE DEPARTMENT CITY OF SAN DIEGO Davt Nisleit Chief Mayor Approved as to form and legality: SAN DIEGO COUNTY COUNSEL Mark Day Senior Deputy Approved as to form: MARA W. ELLIOTT, SAN DIEGO CITY ATTORNEY ik4-.'LAa-dZ� LLA.i By Deputy City Attorney 13 50 of 392 CORONADO POLICE DEPARTMENT ATTACHED Jon Froomin Chief ESCONDIDO POLICE DEPARTMENT ATTACHED Craig Carter Chief NATIONAL CITY POLICE DEPARTMENT ATTACHED Manuel Rodriguez Chief SAN DIEGO POLICE DEPARTMENT ATTACHED David Nisleit Chief Approved as to form and legality: SAN DIEGO COUNTY COUNSEL 4,/, Mark Day Senior Deputy CITY OF EL CAJON ATTACHED Douglas Williford City Manager LA MESA POLICE DEPARTMENT ATTACHED Walt Vasquez Chief OCEANSIDE POLICE DEPARTMENT ATTACHED Frank McCoy Chief CITY OF SAN DIEGO ATTACHED Kevin Faulconer (or designee) Mayor Approved as to form: MARA W. ELLIOTT, SAN DIEGO CITY ATTORNEY ATTACHED By Deputy City Attorney 13 51 of 392 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City accepting funds in the amount of $2,500 from the 2020 SDG&E SAFE San Diego Initiative through the Burn Institute, a 501(c)(3) non-profit organization, for the National City Community Emergency Response Team (CERT) to recruit, administer, and promote CERT training in National City, and authorizing the establishment of a Reimbursable Grants City -Wide Fund appropriation and corresponding revenue budget. (Fire) Please scroll down to view the backup material. 52 of 392 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 4, 2020 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City accepting funds in the amount of $2,500 from the 2020 SDG&E SAFE San Diego Initiative through the Burn Institute, a 501(c)(3) non-profit organization, for the National City Community Emergency Response Team (CERT) to recruit, administer, and promote CERT training in National City, and authorizing the establishment of a Reimbursable Grants City -Wide Fund appropriation and corresponding revenue budget. (Fire) PREPARED BY: Frank Parra DEPARTMENT: Fire PHONE: '619-336-4551 APPril!ED EXPLANATION: Through the 2020 SDG&E SAFE San Diego Initiative, SDG&E has awarded funds to more than 80'non- profit organizations, to support local emergency preparedness, safety, and disaster response programs. SDG&E has provided a check in the amount of $2,500 to the Burn Institute, which is a 501(c)(3) non-profit organization, who is serving as National City's Community Emergency Response Team (CERT) fiscal agent to provide the grant funds. This grant helps National City CERT to recruit new CERT members, administer the CERT program, and promote disaster preparedness training through the National City CERT Program. Staff recommends the establishment of an appropriation and corresponding revenue budget in the amount of $2,500. FINANCIAL STATEMENT: APPROVED: t. Finance ACCOUNT NO. Ex. 282-412-912-355-0000 / Rev. 282-12912-3498 APPROVED: MIS No matching City funds required. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Resolution 153 of 3921 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City acknowledging receipt of a report made by the Chief of Emergency Services of the National City Fire Department regarding the inspection of certain occupancies required to perform annual inspections in such occupancies pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code. (Fire) Please scroll down to view the backup material. 54 of 392 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 4, 2020 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City acknowledging receipt of a report made by the Chief of Emergency Services of the National City Fire Department regarding the inspection of certain occupancies required to perform annual inspections in such occupancies pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code. (Fire PREPARED BY: Frank Parra PHONE: (619) 336-45511 EXPLANATION: [See attached Staff Report. DEPART MaN__F_ie APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: Finance APPROVED: MIS ENVIRONMENTAL REVIEW: 'This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. ;Staff Report 2. Resolution l 65 Ot 3s2 EXHIBIT "A" STAFF REPORT SUBJECT: ACKNOWLEDGE THE NATIONAL CITY FIRE DEPARTMENT'S REPORT REGARDING PERFORMANCE OF ANNUAL INSPECTIONS PURSUANT TO SECTIONS 13146.2 AND 13146.3 OF THE CALIFORNIA HEALTH AND SAFETY CODE RECOMMENDATION: It is recommended that the City Council: 1. Find that the proposed action is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15061(b)(3), the general rule; and 2. Adopt the resolution recognizing the National City Fire Department's level of compliance with California Health and Safety Code Sections 13146.2 and 13146.3. BACKGROUND: California Senate Bill 1205 (SB 1205) was signed into law on September 27, 2018, after the tragic Ghost Ship Fire (December 2016) brought national attention to California and put a spotlight on fire safety laws as well as the performance of fire inspections. This law amends preceding law such that an annual report on state mandated inspections is now required to be submitted to the governing body of each jurisdiction having authority for inspections. The law also requires the report to be given when the administering authority discusses its annual budget and receipt of the report must be acknowledged in a resolution or similar formal document. State mandated inspections were enacted by the California Health & Safety Code Sections 13146.2 and 13146.3 and requires all fire departments that provide fire protection services to perform annual inspections in every building used as a public or private school, hotel, motel, lodging house, apartment house, and certain residential care facilities for compliance with building standards. The California Health & Safety Code Sections 13146.2 and 13146.3 did not require fire departments to report or demonstrate compliance as the new law (SB 1205) does. Although there are no penalties identified in the law, adoption of the resolution will establish the City of National City's intent to fulfill the requirements of the California Health & Safety Code regarding acknowledgment of the National City Fire Department's compliance with California Health and Safety Code Sections 13146.2 and 13146.3, which identifies the state mandated inspections above and further described below. Public and private schools are generally classified as Educational Group E occupancies. They are schools used by more than six persons at any one time, for educational purposes through the 12th grade. Within the City of National City, there are 21 Group E occupancies, buildings, structures and facilities. During fiscal year 2019-20, the National City Fire Department completed the annual inspection of 19 Group E occupancies, buildings, structures, and facilities. This represents a compliance rate of 90%. There was one dedicated fire inspector assigned to these occupancy type and the performance for fiscal year 2019-2020 will trend upwards with an anticipated completion of 100% of the required inspections. The increase in performance will be attributed overall to an additional fire inspector hired on June 2, 2020. This department will also continue to improve coordination and cooperation with school administration and maintenance staff, which will result in a reduction in violations that would require re -inspection. 1 56 of 392 Currently, the National City Fire Department continues to promote its Fire Safe School of the Year Award, presented to the safest elementary school in the National School District during an annual assembly. The award established in 2002, continues to promote friendly competition between schools while making our schools a safer place. Hotels, motels, apartments (three units or more), and other residential occupancies that contain sleeping units (including some residential care facilities) are generally classified as Residential Group R occupancies. The residential care facilities have various sub -classifications and may contain residents or clients that have a range of needs, such as, custodial care, mobility impairments, cognitive disabilities, and more. The residents may also be non -ambulatory. Within the City of National City, there were 359 Group R (and their associated sub -categories) occupancies. During fiscal year 2019-2020, the National City Fire Department completed the annual inspection of 307 Group R occupancies, buildings, structures, and facilities. This is a compliance rate of 86%. Residential occupancy inspections had been achieved by the Fire Prevention Bureau with (1) Fire Inspector and (2) volunteers who volunteered several days a week totaling approximately thirty two (32) hours per month. Additionally, the department has seen an upward swing of building construction in the City of National City, and further mandates by the California State Fire Marshal's Office, resulting in an increase of an additional three hundred and six (306) Multi -family residential properties, resulting in an overall total of six hundred and sixty five (665) R occupancies (46% increase) for the current reporting period. In an effort to increase overall performance and compliance with the State mandate, the Department was successful in actively working through the City Managers Office, Human Resources, and the Finance Department, in an effort to hire one (1) Fire Inspector to assist with the overall two thousand nine hundred (2,900) business and residential fire inspections. The combined effort is trending to increase the Department's compliance rate of the mandated inspections for fiscal year 2019-2020. ENVIRONMENTAL ANALYSIS: Find that the proposed action is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15061(b) (3), the general rule. COUNCIL POLICY CONSIDERATION: This action supports the City Council's strategic goal to ensure public safety. FISCAL IMPACT: There is no fiscal impact as a result of acknowledging the National City Fire Department's compliance with certain State mandated fire inspections. The report seeks to communicate with the governing authority about the level of compliance with state mandated safety inspections. This report should assist the National City Fire Department and governing authority in planning and prioritizing available resources to appropriately staff and carry out state mandated inspections. 2 57 of 392 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City: 1) ratifying acceptance of funds in the total amount of $15,542 awarded to the City of National City from the Beverage Container Recycling City/County Payment Program from the California Department of Resources Recycling and Recovery (CalRecycle) for FY20 to implement recycling projects and programs such as beverage recycling containers in city parks, clean-up activities, and educational materials; 2) ratifying establishment of corresponding revenue budget for FY20; 3) ratifying appropriations and expenditures in the amount of $15,542 for FY20; and 4) approving the establishment of Trash Rate Stabilization Fund appropriation for FY20. Engineering/Public Works) Please scroll down to view the backup material. 58 of 392 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 4, 2020 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City, 1) ratifying acceptance of funds in the total amount of $15,542 awarded to the City of National City from the Beverage Container Recycling City/County Payment Program from the California Department of Resources Recycling and Recovery (CalRecycle) for FY20 to implement recycling projects and programs such as beverage recycling containers in city parks, clean-up activities, and educational materials; 2) ratifying establishment of corresponding revenue budget for FY20; 3) ratifying appropriations and expenditures in the amount of $15,542 for FY20; and 4) approving the establishment of Trash Rate Stabilization Fund aoorooriation for FY20. PREPARED BY: Carla Hutchinson, Assistant Engineer -Civil DEPARTMENT: Engi ring : nd Public Works PHONE: 619-336-4388 APPROVED BY: EXPLANATION: See attached explanation. FINANCIAL STATEMENT: APPROVED: FINANCE ACCOUNT NO. APPROVED: MIS Expenditure Account No. 172-416-225-399-XXXX $15,542 (FY20 Beverage Container Recycling Program) Corresponding revenues have been received and were deposited in account #172-00000-3463. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION FINAL ADOPTION 111 STAFF RECOMMENDATION: Adopt the Resolution authorizing fund appropriations for the Beverage Container Recycling City/County Payment Program from CalRecycle for FY20. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Resolution :Q of '1Q Explanation The Beverage Container Recycling City/County Payment Program with the Department of Resources of Recycling and Recovery (CalRecycle) awards funds to eligible California cities and counties specifically for beverage container recycling and litter cleanup activities. The goal of the program is to reach and maintain an 80 percent recycling rate for all California Refund Value beverage containers - aluminum, glass, plastic, and bi-metal. Projects implemented by cities and counties will assist in reaching and maintaining this goal. The City of National City has received funds from this program since FY 2005-06. For the period of FY20, the City of National City was awarded a total of $15, 542 in funds to implement recycling projects and programs. Staff typically uses these funds to purchase beverage recycling containers for our local community parks, purchase reusable tote bags specifically designed to educate and promote beverage container recycling, and develop public educational flyers and brochures promoting beverage container recycling. Starting with the FY15 funding cycle, jurisdictions have a 24 month term to expend funds. Reporting will require submitting back-up documentation, including proof of purchases, for all expenditures. Failure to meet this reporting due date may result in the denial of funding and collection of unspent/unreported funds. As a result, staff was required to spend the funds allocated for FY20 on the program listed above, and is seeking City Council ratification of those expenditures. Staff is also seeking City Council approval to establish Trash Rate Stabilization Fund appropriations for FY20 to allow for future expenditures, and ratification of the establishment of corresponding revenue budgets for FY20 in the total amount of $15,542. 60 of 392 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 Select Electric, Inc. in the amount of $367,994.00 for the Fiber Optic Traffic Signal Interconnect Expansion, Phase II Project, CIP No. 19-08; 2) authorizing a 15% contingency in the amount of $55,199.10 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. (Engineering/Public Works) Please scroll down to view the backup material. 61 of 392 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING August 4, 2020 AGENDA ITEM ITEM TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract to Select Electric, Inc. in the amount of $367,994.00 for the Fiber Optic Traffic Signal Interconnect Expansion, Phase II Project, CIP No. 19-08; 2) authorizing a 15% contingency in the amount of $55,199.10 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. PREPARED BY: Jose Lopez, P, PHONE: 619-336-4312 EXPLANATION: See attached explanation. eputy City Engineer DEPARTMENT: Engine fi h aiPublic Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: FINANCE ACCOUNT NO. APPROVED: MIS Contract Award (funds are available through prior City Council CIP Appropriations) Expenditure Accounts: 296-409-500-598-6045 (Fiber Optic Traffic Signal Interconnect Expansion, Phase II) - $367,994.00 15% contingency (funds are available through prior City Council CIP Appropriations) Expenditure Account: 307-409-500-598-6558 (Traffic Signal Upgrades) - $28,093.10 296-409-500-598-6045 (Fiber Optic Traffic Signal Interconnect Expansion, Phase II) - $27,106 ENVIRONMENTAL Caltrans Determination of Categorical Exclusion under 23 CFR 771.117(c): activity (c)(8), approved June 4, 2019. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF Adopt Resolution awarding a contract to Select Electric, Inc. in the amount of $367,994.00 for the Fiber Optic Traffic Signal Interconnect Expansion, Phase II Project, CIP No. 19-08. BOARD / COMMISSION N/A _ATTACHMENTS 1. Explanation w/ Exhibits 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Owner -Contractor Agreement 5. Resolution 62 of 35 2 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 II 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. Staff identified this project as a top priority through a needs assessment of traffic signal operations on the City's existing roadway network. This is part of an effort to establish traffic signal communication and upgrade equipment, hardware, and software to provide the capability to implement optimized and coordinated signal timing strategies and improve safety. This project will complete the citywide traffic signal communications system. On June 26, 2020, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On June 30, 2020 and July 6, 2020, the bid solicitation was advertised in local newspapers. On July 21, 2020, eight (8) bids were received by the 2:00 p.m. deadline. Bid results were immediately available for viewing on PlanetBids. Select Electric, Inc. was the apparent lowest bidder with a total bid amount of $367,994. Upon review of all documents submitted, Select Electric, 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 Select Electric, Inc. in the not -to - exceed amount of $367,994. Staff also recommends authorizing a 15% contingency in the amount of 55,199.10 to address any unforeseen conditions that may arise. 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 Spring 2021. Updates will be provided on the City's CIP website at: nationalcityprojects.com. 63 of 392 • yS r L 4smy may, 'e E▪ ^a E 0.4 o' kw .am s. ximbdl Pork Int. 8 Signalized Intersection 1 8th St & Harbor Dr 2 8th St & Transit Center Dwy 3 8th St & Roosevelt Ave 4 Plaza Blvd & Roosevelt Ave 5 8th St & D Ave 6 8th St & Highland Ave 7 8th St & 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 Int. 8 Signalized Intersection 16 Division Rd &TAve 17 Division Ave & Harbison Ave 18 Euclid Ave & 4th St 19 W 19th St & Tidelands Ave 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. LEGEND PROPOSED WIRELESS - PROPOSED FIBER IN EXISTING CONDUIT CITY BOUNDARY — CALTRANS RIGHT OF WAY • CITY SIGNALIZED LOCATION L 1500 750 0 1500 3000 4500 SCALE 1'=3000' CALIFORNIA — w TIO _N-Auctrif � 2001 tNCORPOILAT>�D 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 64 of 392 164e • - x _ i '" x LL^ .a.., s 't NWra51 Is '.."' f� Rd -0 4 teun A 4 sw� '� *a_a9. a�`r4, ..,...,. e ''ko to''' is ° H"r14.0 M@V - Nanond.We rwrraan a.r SPPHwct ..a.. Ne T< - a r'DIVISIONe.�ST'CORRIDOR }+kr sr 3 a s sWaan 4ru `` Ta Fla 51 ..r ...• * 9a Via-- \ , ST ,CORRIDOR Nam' FVl SU.S, %%/ Y % Y art:' ti� 6< : u ,a0 51. �tl 1N,FtnSt 1 # Fy p,sV." v V1upr" n iz W exrdsa 1 v M p R,Y / 3 k Rir '') LOCATION MAP 4 to. 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VICINITY — CORRIDOR _--- CITY BOUNDARY 1500 750 0 1500 SCALE LIMITS gR 1 ,- CITY 3000 4500 BOUNDARY 1.=3000' /--. .:_' "PROJECT -LOCATION _ _ -- CALI,FORNIA - NATIONAL .CIS (/r��, li3 At7 �-' .coRPOitATB, 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 65 of 392 NAME: CIP NO: DATE: TIME: CALIFORNIA+ N i O'av N�� NA.CIT.�! INCORPORATED BID OPENING RESULTS Fiber Optic Traffic Signal Interconnect Expansion, Phase 2 19-08 Tuesday, July 21, 2020 2:00 P.M. ESTIMATE: $390,000 PROJECT ENGINEER: Jose Lopez P.E. NO. BIDDER'S NAME BID AMOUNT BID SECURITY -BOND 1. Select Electric, Inc. 2790 Business Park Drive Vista, CA 92081 $367,994.00 Bond 2. HMS Construction, Inc. 2885 Scott Street Vista, CA 92081 $375,000.00 Bond 3 Baker Electric 1298 Pacific Oaks Place Escondido, CA 92029 $379,027.00 Bond 4. Crosstown Electrical & Data, Inc. 5463 Diaz St. Irwindale, CA 91706 $399,510.00 Bond 5. Blue Pacific Engineering & Construction 7330 Opportunity Road, Suite A San Diego, CA 92111 $422,010.00 Bond 6. Elecnor Belco Electric, Inc. 14320 Albers Way Chino, CA 91710 $428,704.00 Bond 7. Tri Group Construction 9580 Black Mountain Rd. Ste. L San Diego, CA 92126 $429,954.00 Bond 8 Econolite Systems 1250 N Tustin Ave Anaheim, CA 92807 S561,276.02 Bond 66 of 392 Bid Results for Project Fiber Optic Traffic Signal Interconnect Expansion, Phase 2 (CIP No. 19-08) Select Electric, Inc. HMS Construction, Inc. Baker Electric 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 Mobilizati,on LS 1 $18,372.00 $18,372.00 $2,500.00 $2,500.00 $29,600.00 • $29,600.00 2 Traffic Control LS 1 $3,500.00 $3,500.00 $18,000.00 $18,000.00 $8,750.00 $8,750.00 3 Fiber Testing and Documentation LS 1 $5,000.00 $5,000.00 $15,000.00 $15,000.00 $7,260.00 $7,260.00 4 Acceptance Testing and Integration LS 1 $2,500.00 $2,500.00 $7,300.00 $7,300.00 $7,200.00 $7,200.00 5 1 Remove Existing Components Per Plan LS 1 $2,259.00 $2,259.00 $12,500.00 $12,500.00 $7,000.00 $7,000.00 6 Furnish and Controller equal) Install McCain 2070 ATC with Omni Program (or approved EA 23 $5,628.00 $129,444.00 $5,500.00 $126,500.00 $4,900.00 $112,700.00 7 Furnish and Install Dymec (or approved equal) Layer 2 Ethernet Switch with 2-Dual Fiber/Transceiver Ports. Include Necessary Patch Cords EA 21 $1,265.00 $26,565.00 $1,500.00 $31,500.00 $1,370.00 $28,770.00 8 Furnish arid equal) Conflict Capability Install EDI ECLip (or approved Monitor Unit with Ethernet EA 20 $1,432.00 $28,640.00 $1,100.00 $22,000.00 $1,020.00 $20,400.00 9 Furnish and Install Digital Loggers, Inc. Din Relay 4 (or approved equal) Power Cycle Relay Switch with Power Supply EA 24 $363.00 $8,712.00 $295.00 $7,080.00 $314.00 $7,536.00 10 Remove and Salvage Existing Type 1 PDA. Furnish and Install New Type 2 PDA for 332 Cabinet 1 EA 4 $1,383.00 $5,532.00 $1,260.00 $5,040.00 $1,146.00 $4,584.00 11 Furnish and Install Avigilon 2,0C-H4PTZ- DP30 H4 (lor approved equal) CCTV Camera with Mounting, Cabling and PoE Injector EA 5 $4,194.00 $20,970.00 $6,150.00 $30,750.00 $4,797.00 $23,985.00 12 Furnish and Install Encom (or approved equal) Single Wireless Ethernet Radio and Associated Cable EA 11 $3,573.00 $39,303.00 $3,400.00 $37,400.00 $4,414.00 $48,554.00 Select Electric, Inc. HMS Construction, Inc. Baker Electric 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) 13 Furnish and equal) Dual Associated Install Encom (or approved Wireless Ethernet Radio and Cable EA 4 $4,746.00 $18,984.00 $4,250.00 $17,000.00 $5,430.00 $21,720.00 14 Furnish and Install New Oversized #6T Pull Box with Extension EA 1 $2,500.00 $2,500.00 $1,300.00 $1,300.00 $1,551.00 $1,5-51.00 15 Furnish ard install Corning (or approved equal) Fib r Distribution Unit with 1U Rack Mount anCI 1 Splice Cassette with 12 Ports, Jumpers, and Cabinet Termination Equipment EA 6 $1,783.00 $10,698.00 $650.00 $3,900.00 $1,190.00 $7,140.00 16 Furnish and equal) Fiber Splice Cassette Unit. Terminate Install Corning (or approved Optic Splice Tray and 6 Port in Existing Fiber Distribution Existing 12 Strand SMFOC LS 1 $1,453.00 $1,453.00 $1,000.00 $1,000.00 $1,190.00 $1,190.00 17 Furnish and Install New 72 Strand Splice Closure j EA 3 $970.00 $2,910.00 $750.00 $2,250.00 $1,220.00 $3,660.00 18 Furnish and Cable) Install 72 Strand SMFOC (Trunk LF 6200 $1.49 $9,238.00 $2.00 $12,400.00 $2.00 $12,400.00 19 Furnish and Install 12 Strand SMFOC (Break- Out Cableb LF 4200 $3.00 $12,600.00 $1.20 $5,040.00 $3.00 $12,600.00 20 Furnish and Tape Install Tracer Wire and Mule LF 9000 $1.46 $13,140.00 $1.00 $9,000,00 $1.20 $10,800.00 21 Field Splices LS 1 $5,674.00 $5,674.00 $7,540.00 $7,540.00 $1,627.00 $1,627.00 Total $367,994.00 $375,000.00 $379,027.00 68 of 392 OWNER - CONTRACTOR AGREEMENT FIBER OPTIC TRAFFIC SIGNAL INTERCONNECT EXPANSION, PHASE 2, CIP NO. 19-08 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and (Contractor's Name) ("Contractor"), (Contractor's adess) a n_� on the day of , 20 for the construction r`e above referenced Project. In consideration of the mutual covenants and agreem and Contractor have mutually agreed as follows: 1. CONSTRUCTION The Contractor agrees to do all the work and' and equipment necessary to construct and comple accordance with this Agreement and all documents a (hereinafter "Contract Docume s"), Qmpliance California, County of San Diego a°nd C ty ofNational the satisfaction of the Owner. 2. CONTRACT:. Owner here 4.rees to ply for construc e project not to exceed"i:.contra bed in incorporated herdr wit ren....�: ecial Provisici 'NW!' -set forliierein, the Owner ;h all tia labor, services, mrials rject in a turn -key manner in ns referenced in Exhibit "A", wits ,relevant Federal, State of City co ;And regulations, and to nd the Con ctor agrees to accept as full compensation accordance i(l,these Contract Documents in an amount 6x_ _ s set fh, in Exhibit "B" attached hereto and s o the Contractor shall be made in the r this Agreement and the Contractor shall construct the project `plete and turn -key fashion to the satisfaction of the Owner 'Ration set forth in the Special Provisions. 4. NC►=lSCli`IIFINATION 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. 69 of 392 5. AUTHORIZED OWNER REPRESENTATIVES 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, I cgr { provisions of Section 3700 of the Labor Code, which r;rliE insured against liability for Workers' Compensation or`e''`unde accordance with the provisions of that Code, and I wilomply with su commencing the performance of the Work of this ement. b) The Contractor shall requires requirements of Section 3700 of the Labor CO Contractor shall cause each subcontractor to execui "I am aware of the provlsi every employer to be insured ag e i.c: undertake self-insurance in' c ordaric comply with such provisions ( fore comniancin this Agree The Contract D Contractor with res Odd' rid the l r_....�:... Te'n shall=fi nsidere e entire reement between the Owner and the e evefit of conflict between the terms of this 'n this Agreement shall control and nothing 0 acceptance of the terms of the bid conflicting herewith. hat i am aware of the dry employer to be a.oia _self-insurance in visions before subcontractor to compl efore;mencing any Word tng certification: ection 3700 of ti :labor Code, which requires ability for worker's compensation or to � _i::.Te:�:�:ae .... .3 d_p__ i.e provision frthat Code, and I will e perfof4iance of the Work of ;OF AGRiiIENT DOCUMENTATION o tractor shall maintain all books, documents, papers, employee time sheets, acafang records a d other evidence pertaining to costs incurred and shall make such materiiaalfin office at all reasonable times during the term of this Agreement and for ti r e () °;:ears from the date of final payment under this Agreement, for inspection by ter 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 70 of 392 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 3._ 3. profession. Contractor represents and warrants to Owner that Contractor shall, at its sole cost and expense, keep in effect at all times during the tery this Agreement, any iZ:9:z:-:: licenses, permits, qualifications or approvals which are leg i arcs' for Contractor to practice its profession. am:•.. .•.....,.•:,. 11. GOVERNING LAW, VENUE This Agreement and the Contract Documents- . with the laws of the State of California, and tl proceeding arising from this Agreement and/or tl the Superior Court of San Diego, CepAral Branch. 12. COUNTERPARTS This Agreement may be executed in\number all purposes be de ;m o,.be an origin Contractor ackn considered fraud 'a that thy: ats Clai =- _ g§: �alse ms Ac��(i<fornia Government Code sections 12650, et prove°esz ter. civil public entity. °"`` a rovi`*b=ns include within their scope false claims made with Y• � p � �:�ks p ] deliberate ignorance of the false information or in reckless disregard of the truth or ity of the inform'a:i€n. In the'mevent the Owner seeks to recover penalties pursuant False Claims A°'_it is entitled to recover its litigation costs, including attorneys' 4 ' �2 feetContractor herebracknowledges that the filing of a false claim may the Contractor to an adriistrativebarment proceeding wherein Contractor may be prevented from further b li`r goc blic contracts for a period of up to five (5) years. be construedwnder and in ar€3ance Ank ropri_allenue for any aitiri or ocuments shall be had in I have read and understood all of the provisions of this Section 15, above: alse claii t iffs submitted to the Owner, it may be .......::..:.:...:. ractisr° i i m :e subject to criminal prosecution. Contractor es where a person knowingly submits a false claim to a (Initial) (Initial) 71 of 392 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 firstritten above. Owner: Mayor, City of National City Attest: City Clerk, City of National City Contract ner/officer signaturg " Print name rd title {Seci;ar)s#;ficer signature if a corporation) Contractd City Business License No. State Contractor's License No. and Class Business street address City, State and Zip Code 72 of 392 EXHIBIT A CONTRACT DOCUMENTS Owner/Contractor Agreement Bid Schedule Addenda Plans Special Provisions (Specifications) San Diego County Regional Standard Drawin City of National City Standard Drawings Standard Specifications for PO (Greenbook) State Standard Specifications State Standard. California Bin" Permits issued by jt an s Construction and Regional Supplements Mechantl5 Plumbing a`"3 1 ommu:ations companies specifications and standards ectrical Codes ,agencies specificatiand standards and requirements of MTS, BNSF, SANDAG, Port of San Diego bt may be adjacent and/or affected by the project. 73 of 392 EXHIBIT B CONTRACT PRICE (NOTE - TO BE COMPLETED TO CONFORM WITH BID SCHEL f ITEMS) 74 of 392 CORPORATE CERTIFICATE 1, 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 beh.ai a •said Corporation by authority of its governing body and is within the scope of,Ei owers. I, t that I am the:Secretary of th of Corporation named as Contractor in the foregoing , who sigma id contract on behalf of the Contractor, was then of said Corporation; that said contract was iul signedd. in behalfb said Corporation by authority of its governing body and is in the s= ef:or:porate powers. 75 of 392 STATE OF PARTNERSHIP CERTIFICATE ) ss COUNTY OF On this day of , 2020, before me Public in and for said County and State, personally appeari _ 1011;' g1120517 'ti:12!225,v• hdersigned, a Notary known to nrAiiir be of the partners of the partnershipli*gxecuted the within insNO,ent, and acknowledged to me that such , partnership exeutd the :e2n, iano, AngE Si 43: apiTErcr, Name (Type mmission expir illfary Public in and for said County and State) 76 of 392 PERFORMANCE BOND WHEREAS, the City Council of the City of National City, by Resolution No. , passed the day of , 2020 has awarded to hereinafter designate3s the "Principal", the FIBER OPTIC TRAFFIC SIGNAL INTERCONNECT EXPANSI ee.3:'i:: ira WHEREAS, said Principal is required under th'`rms of said cont to furnish a bond for the faithful performance of said contr NOW, THEREFORE, we, the Principal and bound unto the City Council ofth in the penal sum of lawful moneyy=EJnit made, we bkiiiurselves, oil and severally, firs' 'Kent of which sum well and truly to be CIP NO. 19-08 ew, are held and firmly er called the "Council", ;administrators and successors, jointly THE CfiION 03:lS OBLIGATION IS SUCH THAT if the above bounden Principal, his/he i° s heirs`.jtors, administrators, successors or assigns, shall in all ings stand to an abide by,'Wnd well and truly keep and perform the covenants, 'tons and agreements in the said contract any alteration thereof made as therein f y: t3:2 pro it on his or th i i part, to be kept and performed at the time and in the amount thereijAtified,,02filn all respects according to their true intent and meaning, and shall inde t _.mi save harmless the City of National City, the City Council, their officers, agenti+nd employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. 77 of 392 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 tfI:;contract or to the work or to the specifications. In the event suit is brought upon this bond by the City oft recovered, the surety shall pay all costs incurred by th' reasonable attorney's fee to be fixed by the Court. uncil in ity and judgment is (+.suit, including a IN WITNESS WHEREOF three identical counter of this instrument, each oh shall for all purposes be deemed an original there_ blly executed by t Principal and Surety abo d, on the e= =9day of , 2017. (SEAL) (SEAL) (SEAL) Principal 78 of 392 PERFORMANCE BOND ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) ss COUNTY OF On this day of , 2020, before me,,, Atf.g!tit. -undersigned, a Notary Affii ,,,,,, m. , .: Public in and for said County and 4 s,„onally appeared :,- nown to metaii q,,..the person whose name is subscribed to the within instrument as the attorneOr ct of the , the corporation namedas5urety in said instrument, and acknowledged to mesubscribed the name of said corporation thereto as Surety, anbisown name as a iittO - 1 n -f a ct . ,-;,,,i,,. \mw,EJ NOTE: Signature of those executphs, for Surety must be prdpioly acknowitk %,IFgET'10,2!:, me (Type or Printlai .he Attoiliii)-fact must attach a copy of the Power of Attorn4. Notary Public in and for said County and State NIEVErit3/6. My Commissf fres: 79 of 392 the "Principal", the FIBER OPTIC TRAFFIC SIGNAL INTERCONNECT EXPANSIO PAYMENT BOND WHEREAS, the City Council of the City of National City, by Resolution No. , passed the day of , 2019 has awarded , hereirtafter designated as !!!!!!!! „z• 'sE 2, CIP NO. 19-08. WHEREAS, said Principal is required by Chapter 5. ommeriti ! " at Section 3225) and Chapter 7 (commencing at Section 3247), Tit10303art 4, Division 3f Ithe California Civil Code to furnish a bond in connection with ,Oid.iibntract; NOW, THEREFORE, we, the Principal and as surety, are held and firmly bound unto the Cie'Council-of the City of National City, hereinafter called the r''''' ouncil", . penal sum of Alt-- IawfuI;;,..,money of the United „„ States, for the payment of which sumtwelt FaiV4IFtruly to be made, we bind ourselves, our 4.-,•11:. ,,,- heirs, executors, administrators andsuccessors, and severally, firmly by these 0:a presents. !! .E' THE CONDITION OF THIS OBLIGATION ES SUCH that if said Principal, his/her or its any of the persc subcontractors, executors, of the successors, or assigns, shall fail to pay su under the 4U,aelnVOki:,,,mitrrespect to work or labor performed by e California Civil Code, or amounts due p claimant, or foilA..smounts required to be deducted, withheld, and paid over lto the Franchise Board from the wages of employees of the Contractor and his ubcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with ect to such wcitticvd 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 Asonableariney's fee, to be fixed by the Court. This inure to the benefit of any of the persons named in Section 3181 of the Califor;ifeivil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond. 80 of 392 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 a Aretating to any scheme or work of improvement hereinabove described, nor by a:ny r 'i cission or attempted rescission of the contract, agreement or bond, nor bye r ,iditions precedent or subsequent in the bond attempting to limit the right of reovery?Po =i l i;mants otherwise entitled to recover under any such contract or agre,:ere.nt or under the9nd, nor by any practicedbyany person g ve an the bond fraud other than the seekin to recov`�`=_.o. and that this bond be construed most strong ``ag'ainst the Surety and .zin fa ©r of all Roy' persons for whose benefit such bond is give'nr under no circumstances sisurety be released from liability to those for whoseqlkitifit sucfi' nd has been give°, by reason of any breach of contract between the ' ,3:Public Entity and original contractor or on the part of any obliges named in such fi Ed, but the sole conditions of recovery shall be that claimant"is= er pn described 'its coon 3110 or 3112 of the California Civil Code, and has not been' i h .;full amounti' l is claim and that Surety does hereby waive notice of any sul han ¢ r lion of time, dition alteration or modification herein mentioned. IN WITNESS W.H:Izl it F=:. ;ree identical coun e parts of thisriinstrunment, each of which I' C: shall for all 'r ses be d Med an origlnal thereof, have been duly executed by the Principal and arety above =mned, on thera=i day of ..................... 2020. Principal (SEAL) (SEAL) (SEAL) 81 of 392 STATE OF ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY COUNTY OF ) ss On this day of , 2020, befo(e fie, the undersigned, a Notary Public in and for said County and i 3"personally appeared n to i'= be the person whose name is subscribed to the within instrut as the attornaoEn-fact of the _ , the corporation natili;.as Surety in said instrument, and acknowledged to i'that he subscribed the naef said corporation thereto as Surety, and his own nary rattorney i act. NOTE: Signature of those exe i Surety must be acknowledged. for orney-in-fact must attach a certo copy of the Power of AttornE Signature: Name (Type or Pr r said County and State) ATTACH ALL BONDS 82 of 392 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 HMS Construction, Inc. in the amount of $215,000 for the Pedestrian ADA Improvements Project, CIP No. 19-09; 2) authorizing a 15% contingency in the amount of $32,250 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. (Engineering/Public Works) Please scroll down to view the backup material. 83 of 392 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING August 4, 2020 AGENDA ITEM ITEM TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract to HMS Construction, Inc. in the amount of $215,000 for the Pedestrian ADA Improvements Project, CIP No. 19-09; 2) authorizing a 15% contingency in the amount of $32,250 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. PREPARED BY: Jose Lopez, PHONE: 619-336-4312 EXPLANATION: See attached explanation. eputy City Engineer DEPARTMENT: Engin-�"- fPn d ' blic Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: FINANCE ACCOUNT NO. APPROVED: MIS Contract Award (funds are available through prior City Council CIP Appropriations) Expenditure Accounts: 296-409-500-598-6046 (Pedestrian ADA Improvements) - $215,000 15% contingency (funds are available through prior City Council CIP Appropriations) Expenditure Account: 296-409-500-598-6046 (Pedestrian ADA Improvements) — $28,200 307-409-500-598-6558 (Traffic Signal Upgrades) - $4,050 ENVIRONMENTAL Caltrans Determination of Categorical Exclusion under 23 CFR 771.117(c): activity (c)(8), approved June 4, 2019. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF Adopt Resolution awarding a contract to HMS Construction, Inc. in the amount of $215,000 for the Pedestrian ADA Improvements Project, CIP No. 19-09, BOARD / COMMISSION N/A ATTACHMENTS 1. Explanation w/ Exhibits 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Owner -Contractor Agreement 5. Resolution 84 of 3921 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, Staff inventoried and analyzed crash data throughout the City's roadway network and compiled a list of priority signalized intersections with an elevated number of pedestrian and bicycle related collisions. A safety evaluation was performed for the intersections including field observations, identification of potentially hazardous characteristics, and potential improvements that would result in safer operations. Using this systemic approach, eight intersections were selected as a priority to improve: 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. The project includes the installation of crosswalk striping and Americans with Disabilities Act (ADA) enhancements at the following eight intersections: On June 26, 2020, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On June 30, 2020 and July 6, 2020, the bid solicitation was advertised in local newspapers. On July 21, 2020, four (4) bids were received by the 1:00 p.m. deadline. Bid results were immediately available for viewing on PlanetBids. HMS Construction, Inc. was the apparent lowest bidder with a total bid amount of $215,000. Upon review of all documents submitted, HMS Construction, 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 HMS Construction, Inc. in the not - to -exceed amount of $215,000. Staff also recommends authorizing a 15% contingency in the amount of 32,250 to address any unforeseen conditions that may arise. Attached are the bid opening summary sheet and a line item summary of the three lowest bidders for reference. Also attached is the Owner -Contractor Agreement. 85 of 392 Construction is estimated to be completed by Spring 2021. Updates will be provided on the City's CIP website at: nationalcityprojects.com. 86 of 392 NATIONAL CITY BLVD & 30TH ST PLAZA BLVD & HARBISON AVE EUCLID AVE & 18TH ST CALIF:ORNIA jACO$pORATrD PLAZA BLVD & N AVE EUCLID AVE & 16TH ST 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 87 of 392 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 CALIFORNIA NATIONS CITY INCORPORATED PROPOSED CONDITIONS CITY OF NATIONAL CITY S20: INSTALL PEDESTRIAN CROSSING (S.I.) 2015 HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) ATTACHMENT 3-4 88 of 392 LOCATION MAP LEGEND �,A r 000 sl 00 0 PROJECT SIGNALIZED LOCATION VICINITY MAP -- CITY BOUNDARY --- CALTRANS RIGHT OF WAY |nt.w Signalized intersection z National City Blvd Q30thst Z Plaza Blvd &NAve ` s Plaza Blvd QHarbison Ave 4 EudidAve &1E»hSt s svr|id Ave &zDuhSt ' a »mhStQL AveLOCA � /wn 7 Sweetwater nd&Prospect st ~'~ '| u Sweetwater nd&Ring nd CI 7Y /mm nm v `mm 3000 4500 *NOTE: ALL PROPOSED WORK BOUNDARY --- -- SCALE 1"=3000'-- IS WITHIN CITY RIGHT OF WAY CALIFORNIA -- 13����� — � w*mmm^,»" / ��]�.�yJ|T��| ,����TU/�hJ yN�� ^ ^^~'' ^' ' ' '^—^~~^' ^' ^^~' ~ MAP CITY OF NATIONAL CITY nxo:/waTALL PEDESTRIAN CROSSING (a./.) 2015 HIGHWAY SAFETY IMPROVEMENT PROGRAM (HS|P) �TT���AyN�yJT ATTACHMENT ' ' ^"��' '','`—'" ' 2 — CALIFORNIA N TIONIAt)L Cfl'V an INCORPORATED BID OPENING RESULTS NAME: Pedestrian ADA Improvements Project CIP NO: 19-09 DATE: Tuesday, July 21, 2020 TIME: 1:00 P.M. ESTIMATE: $250,000 PROJECT ENGINEER: Jose Lopez P.E. NO. BIDDER'S NAME BID AMOUNT BID SECURITY -BOND 1. HMS Construction, Inc. 2885 Scott Street Vista , CA 92081 $215,000.00 Bond 2 Perry Electric 10765 woodside ave Santee, CA 92071 $278,400.00 Bond 3. Tri Group Construction 9580 Black Mountain Rd. Ste. L San Diego, CA 92126 $291,910.00 Bond 4 Blue Pacific Engineering & Construction 7330 Opportunity Road, Suite A San Diego, CA 92111 $295,180.00 Bond 90 of 392 Bid Results for Project Pedestrian ADA Improvements (CIP No. 19-09) HMS Construction, Inc. Perry Electric Tri Group Construction 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 LS 1 $2,430.00 $2,430.00 $5,000.00 $5,000.00 $8,300.00 $8,300.00 2 Traffic Control LS 1 $5,000.00 $5,000.00 $15,000.00 $15,000.00 $38,250.00 $38,250.00 3 Signing and Striping LS 1 $17,000.00 $17,000.00 $15,000.00 $15,000.00 $14,500.00 $14,500.00 4 Unclassified Excavation LS 1 $1,000.00 $1,000.00 $7,500.00 $7,500.00 $7,500.00 $7,500.00 5 Remove Existing Traffic Signal Equipment LS 1 $5,500.00 $5,500.00 $1,500.00 $1,500.00 $3,500.00 $3,500.00 6 Remove and Break DovIm Salvage Existing Traffic Signal Pole. Foundation 3' Below Grade. LS 1 $2,200.00 $2,200.00 $2,500.00 $2,500.00 $3,000.00 $3,000.00 7 Remove Existing per City Standards Striping or Pavement Markings LS 1 $4,300.00 $4,300.00 $4,000.00 $4,000.00 $3,500.00 $3,500.00 8 Traffic Signal Wiring per Plan LS 1 $3,500.00 $3,500.00 $18,000.00 $18000.00 $20,500.00 $20,500.00 9 Furnish arkd Install 2" PVC Conduit LF 35 $34.00 $1,190.00 $150.00 $5,250.00 $70.00 $2,450.00 10 Furnish ar>Id Install 1" PVC Conduit LF 135 $34.00 $4,590.00 $75.00 $10,125.00 $70.00 $9,450.00 11 Furnish and EVP Detector Install EVP Detector Assembly and Cards EA 6 $2,500.00 $15,000.00 $2,200.00 $13,200.00 $2,600.00 $15,600.00 12 Furnish and Install Loop Detector EA 47 $300.00 $14,100.00 $475.00 $22,325.00 $675.00 $31,725.00 13 Furnish and Install foundation Detail B Install Pedestrian Push Button Pole. complete per Caltrans ES-7A EA 13 $1,350.00 $17,550.00 $1,850.00 $24,050.00 $975.00 $12,675.00 14 Furnish and Pedestrian Install LED Countdown Timer. Head EA 55 $490.00 $26,950.00 $450.00 $24,750.00 $500.00 $27,500.00 15 Furnish and Push Buttons Install ADA-Compliant 2" Pedestrian EA 32 $420.00 $13,440.00 $600.00 $19,200.00 $530.00 $16,960.00 16 Furnish and equipment. Install 26-4-100 Pole and associated Install Foundation Complete. EA 1 $38,400.00 $38,400.00 $29,000.00 $29,000.00 $30,000.00 $30,000.00 17 Furnish and Install #5 Pull Box EA 1 $850.00 $850.00 $1,500.00 $1,500.00 $500.00 $500.00 18 Construct Curb Ramp EA 8 $4,800.00 $38,400.00 $7,000.00 $56,000.00 $5,000.00 $40,000.00 19 Construct 4" PCC Sidewalk per SDRSD G-7 SF 300 $12.00 $3,600.00 $15.00 $4,500.00 $20.00 $6,000.00 Total $215,000.00 $278,400.00 $291,910.00 91 of 392 OWNER - CONTRACTOR AGREEMENT PEDESTRIAN ADA IMPROVEMENTS, CIP NO. 19-09 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and (Contractor's Name) ("Contractor"), (Contractor's address) g}:2' on the day of , 20_, for the constructiort:9cti'e above referenced Project. sae...._.. In consideration of the mutual covenants and agreeme;(t ° set fo and Contractor have mutually agreed as follows: 1. CONSTRUCTION The Contractor agrees to do all the work andxfish all and equipment necessary to construct and comple accordance with this Agreement,;and,all documents a (hereinafter "Contract Documer "), In compliance wi California, County of San Diego aItCtlational City coy the satisfaction of the Owner. 2. CONTRACT. P Mir Owner here' for construct' not to exceed ipcorporated he :... __...._amrjbed in wit 4, N ,fees to p P:nd the Corgi .: , e project:„accordance ntra refeJ=fere n rein, the Owner 5i(bor, services, m`rials ect in a turn -key manner in ns referenced in Exhibit "A", 't,r,elevant Federal, State of ;wend regulations, and to actor agrees to accept as full compensation 9t,these Contract Documents in an amount as set kith in Exhibit "B" attached hereto and yt ents o the Contractor shall be made in the ecial Provision for this Agreement and the Contractor shall construct the project siplete and turn -key fashion to the satisfaction of the Owner pion set forth in the Special Provisions. NATION 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. 92 of 392 5. AUTHORIZED OWNER REPRESENTATIVES 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, I cert';i hat I am aware of the provisions of Section 3700 of the Labor Code, which reeAery employer to be insured against liability for Workers' Compensation o-under:self-insurance in accordance with the provisions of that Code, and I wk. tpr iply with suc ravisions before commencing the performance of the Work of this:lement. b) The Contractor shall require%i subcontractor to comply' the requirements of Section 3700 of the Labor Code efore.: f lmencing any Work,: -`the 71111 Contractor shall cause each subcontractor to execute„ enfal wing certification: "I am aware of the provil_ection 3700 of i;La bor Code, which requires every employer to be insured a ff ability for worker's compensation or to undertake self-insurance in'a- rdanc`a```` ith i�t� e a�€oe provisic3iz'tthat Code, and I will comply with 'r" suchprovisions €:_re commering te performance of the Work of this Agreement,," 7. ENTII;; `REEMENToONFLICT The Contract D Contractor with res and the bi ,reement between the Owner and the e e t of conflict between the terms of this n this Agreement shall control and nothing "3:'o11Li�JYc rain sh`a l==fie nsiderecio q_ acceptance of the terms of the bid conflicting herewith. 3;a;c_ nts _c he Contrac ° MAINTENA\OF AGRisINT DOCUMENTATION ractor shall mfain all books, documents, papers, employee time sheets, acca ing records a. ifother evidence pertaining to costs incurred and shall make such material ilable a office at all reasonable times during the term of this Agreement and for ff=off)= ears from the date of final payment under this Agreement, for inspection byer 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 gent —partner -or -joint venturer -of -the -Owner. Owner shall have the right to control Contractor insofar as the results of Contractor's 93 of 392 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 rired to practice its profession. Contractor represents and warrants to Owner that Contra for shall, at its sole cost and expense, keep in effect at all times during the ter this Agreement, any licenses, permits, qualifications or approvals )red for Contractor to pp which are le �W �e practice its profession. 11. GOVERNING LAW, VENUE This Agreement and the Contract Documents 1.be construed under and in ai r :ance with the laws of the State of California, and tppropriiaenue for any action or proceeding arising from this Agreement and/or th r 3 is tr c Documents shall be had in the Superior Court of San Diego, C iro(al Branch. 12. COUNTERPARTS This Agreement may be executed in all purposes be deem, be an origin grparts"each of which shall for Contractor ackn edgessoi t_ i ;false cla% Ii4s submitted to the Owner, it may be o _ subject to criminal prosecution. Contractor a l " wfedge ,.that the' ai =e Claims Act, f fornia Government Code sections 12650, et ............................ = eq., provide _ r civil penalties where a person knowingly submits a false claim to a public entity. `T6 ' --se provisions_ include within their scope false claims made with jeliberate ignorance of the Pals o nformation or in reckless disregard of the truth or ity of the inform i n. In the'event the Owner seeks to recover penalties pursuant False Claims lit is entitled to recover its litigation costs, including attorneys' fees = retractor hereby°acknowledges that the filing of a false claim may the Contractor to an administrative barment proceeding wherein Contractor may be prevented from further b T1t blic contracts for a period of up to five (5) years. considered fraud '`ai' I have read and understood all of the provisions of this Section 15, above: (Initial) (Initial) 94 of 392 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 firsritten above. Owner: Mayor, City of National City Attest: City Clerk, City of National City Contra weer/Officer signatur Print name a . title Seim__ h fficer signature if a corporation) ant name an Contractor's City Business License No. State Contractor's License No. and Class Business street address City, State and Zip Code 95 of 392 EXHIBIT A CONTRACT DOCUMENTS Owner/Contractor Agreement Bid Schedule Addenda Plans Special Provisions (Specifications) San Diego County Regional Standard Drawin City of National City Standard Drawings Standard Specifications for P (Greenbook) State Standard Specifications State Standard California But s Constructith d Regional Supplements Mechanifial Plumbing arf#Flectrical Codes Permits issued by ftit € ...re lot Fa:ageires jpns companies specifications and standards is and standards and requirements of MTS, BNSF, SANDAG, Port of San Diego iat may be adjacent and/or affected by the project. 96 of 392 EXHIBIT B CONTRACT PRICE (NOTE — TO BE COMPLETED TO CONFORM WITH BID SCHEME, ITEMS) A511:09 ,Ltmvo. law 97 of 392 CORPORATE CERTIFICATE 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 jk u� Contractor, was then of said Corporation; that said contract was duly signed for and in beha authority of its governing body and is within the scope of,,! =Said Corporation by owers. I,fyathat I am the.Secretary of tl Corporation named as Contractor in the foregoing , who sig % id contract on behalf of the Contractor, was then mi a'r=r`i .: ;ire:=s = of said Corporation; that said contract was'm' authority of its governing body and is acid Corporation by porate powers. 98 of 392 STATE OF COUNTY OF On this day of , 2017, before me Public in and for said County and State, personally appeared PARTNERSHIP CERTIFICATE known to rr partnership': partnership exiiiipAte ) ss ndersigned, a Notary 3P< of the partners of the within instfaent, and acknowledged to me that such ry Public in and for said County and State) 99 of 392 PERFORMANCE BOND WHEREAS, the City Council of the City of National City, by Resolution No. , passed the day of , 2019 has awarded to , hereinafter designal=s the "Principal", the PEDESTRIAN ADA IMPROVEMENTS, CIP NO. 19-09 WHEREAS, said Principal is required under t ; i rms of said copi ctto furnish a bond for the faithful performance of said contr1 NOW, THEREFORE, we, the Principal and Y4 bound unto the City Council of tI in the penal sum of lawful moneyf made, we bi' and severally, fi rl iy ates, for thr -F- eirs, executor pi, are held and firmly ter called the "Council", `ent of which sum well and truly to be dministrators and successors, jointly THE G I' C IIION Crf = "H:IS OBLIGATION IS SUCH THAT if the above bounden Y�i£ tors administrators,successors or assigns, his/he��sts heirs;�isti shall in all ings stand to an abide by, '' i`d well and truly keep and perform the covenants, ions and agreents in the said contract any alteration thereof made as therein F.3.4.....i on his or th it part, to be kept and performed at the time and in the amount therein= ified, a i in all respects according to their true intent and meaning, and shall indern, save harmless the City of National City, the City Council, their officers, agen i`nd employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. 100 of 392 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 tsontract or to the work or to the specifications. In the event suit is brought upon this bond by the City o; recovered, the surety shall pay all costs incurred by the reasonable attorney's fee to be fixed by the Court. ncil it City and judgment is suit, including a IN WITNESS WHEREOF three identical counte ? s of this instrument, each of°t )i%ii h shall for all purposes be deemed an original there ?ve bet duly executed by t Principal and Surety aboed, on theay of , 2017. (SEAL) (SEAL) (SEAL) Principal 101 of 392 PERFORMANCE BOND ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF On this day of , 2019, before me,,, ndersigned, a Notary Public in and for said County and State,: personally appeared nown to m e the person .,..,,. ) ss . „ whose name is subscribed to the within mgroment as the attorney-ij4act of the 41,0k4, e;TA:Mir , the corporation named aSurety a▪ vw, in said instrument, and acknowledged to me that he sifitkeribed the name of said corporation thereto as Surety, arldrhs own name as a ,26OVIMETn- 'frit u r e 1;612"6-, •',W • me (Type or PrinfW Notar tiblic in and for said County and State - in-fact. -r!Hgt, The AttoiN00-fact must attach a erfed ;21kEtz, copy of the Power of .... Attorney. .AinilEETE7 My Commi ires: 102 of 392 PAYMENT BOND WHEREAS, the City Council of the City of National City, by Resolution No. , passed the day of , 2019 has awarded the "Principal", the PEDESTRIAN ADA IMPROVEMENTS, CIP NO. 19-09. , hereinafter designated as ...1022251! ..aRiggEMir WHEREAS, said Principal is required by Chapter OmmeribliV ot Section 3225) and Chapter 7 (commencing at Section 3247), TitlaWPart 4, Division 3fthe California Civil Code to furnish a bond in connection witsatdcontract, NOW, THEREFORE, we, the Principal and ,immt as surety, are held and firmly bound unto the Cit" hereinafter called the ouncil", . , States, for the payment of which sommei„ ran heirs, executors, administrators ankii0ccessorsz,, presents. nnit. the City of National City, The penal sum of -11EiF;1. IaWft1 money of the United e bind ourselves, our and sMlisally, firmly by these ' . . THE CONDITION OF THIS OBLIGATION 15 SUCH that if said Principal, his/her or its ol.p7 •.... . subcontractorsT, airs executors, administrators, successors, or assigns, shall fail to pay any of of the persons" :Section 3181 af the California Civil Code, or amounts due under lhe.Unemplo t Insurance Code„withrespect to work or labor performed by AMOY -mkpw' limain:t, or for„amounts required to be deducted, withheld, and paid over o the Franchise Tax Board the wages of employees of the Contractor and his ................ ubcontractors p . iiirfAiant to Section 18806 of the Revenue and Taxation Code, with ,t5:ama . Vect to such work and labor the Surety will pay for the same in an amount not 'MEL 5F-ft exceeding the sum hereinafter specified, and also, in case suit is brought upon this qiigc bond; a reasonable attofney's fee, to be fixed by the Court. This Bord shall inure to the benefit of any of the persons named in Section 3181 --zzg of the Californiativil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond. 103 of 392 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 :exs payment or extension of the time for any payment pertaining o =r acing to any scheme or work of improvement hereinabove described, nor by an, r scission or attempted rescission of the contract, agreement or bond, nor btions precedent or subsequent in the bond attempting to limit the right of- very ` d.airnants otherwise entitled to recover under any such contract or agree` *ent or under t e and, nor by any fraud practiced by any person other than the cl E. eit seeking to reco r o n the bond and that this bond be construed most strongi against the Surety and in or of all persons for whose benefit such bond is given, and under no circumstances sli 11Surety be released from liability to those for whose fit suc wild has been given, by reason of any breach of contract between the rdzotsaPublic Entity and original contractor or on the part of any obkges named in such (t tad, but the sole conditions of recovery shall be that claimanir.on described tion 3110 or 3112 of the :!.".3:v:G:_ _ __}.':ate. California Civil Code, and has not" n t te.full amount its claim and that Surety does hereby waive notice of any such hap ` ;r nsion of ti =: ldition alteration or modification herein mentioned. IN WITNESS A/ R 'E" 'e, identical i o parts of this instrument, each of which ::cz shall for all :pi r::poses' be cf :Red an- origin l ;thereof, have been duly executed by the Principal anSurety aboveimed, on the day of 2017. 3 _ (SEAL) Principal (SEAL) (SEAL) (SEAL) 104 of 392 STATE OF ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY COUNTY OF ) ss On this day of , 2017, befol* - e, the undersigned, a Notary Public in and for said County and rsonally appeared known to me to be the person whose name is subscribed to the within instri,0001 as the attorney_fact of the Athe corporation naift 1.ps Surety in said said instrument, and acknowledged to ittiCthat he subscribed the nanieof said corporation thereto as Surety, and his own narfileattornevimfact. NOTE: Signature of those exec mg for Surety must be --'0411y, zi-Azag acknowledged. Signature: • Name (Type or Pr4n , NOTE: Eg,024,. torney-in-fact must attach a certifiedlkcopy of the Power of 7UE:i22fin Irf ry Pubff 1rsaid County and State) y Commission * res ATTACH ALL BONDS 105 of 392 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City ratifying the establishment of an Engineering Grants Fund appropriation of $900,000 and corresponding revenue for the design and entitlement costs of the Bayshore Bikeway Segment Five project funded by the Port of San Diego. (Engineering/Public Works) Please scroll down to view the backup material. 106 of 392 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 4, 2020 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City ratifying the establishment of an Engineering Grants Fund appropriation of $900,000 and corresponding revenue for the design and entitlement costs of the Bayshore Bikeway Segment Five project funded by the Port of San Diego. PREPARED BY: Luca Zappiello, Assistant Engineer - Civil PHONE: 619-336-4360 EXPLANATION: See attached. DEPARTMENT: Engin n /Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS Revenue Account: 296-06610-3470 (Engineering Grants — Bayshore Bikeway) - $900,000 Expenditure Account: 296-409-500-598-6610 (Engineering Grants — Bayshore Bikeway) - $900,000 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution ratifying the establishment of an Engineering Grants Fund appropriation of $900,000 and corresponding revenue for the design and entitlement costs of the Bayshore Bikeway Segment Five project funded by the Port of San Dieao. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation w/ Exhibit 2. Resolution 2019-155 3. Resolution 107 A 3921 EXPLANATION In July 2018, staff submitted a Cycle 4 Active Transportation Program (ATP) grant application to the California Department of Transportation (Caltrans) for the Bayshore Bikeway — Segment 5 Project. The project will provide nearly 1.5 miles of protected bicycle facilities along McKinley Avenue and Marina Way in the City of National City (City) (see attached exhibit). Staff requested $5,421,000 in Federal ATP funds. In January 2019, staff received notification from Caltrans that the City had been awarded Federal ATP funds in the amount of $5,421,000, which requires a local match from the City of $70,000. On November 19, 2019, the City authorized the Mayor to execute a Memorandum of Understanding (MOU) between the San Diego Unified Port District (Port of San Diego) and the City, in which the Port of San Diego committed to fund $900,000 for the project's design and entitlements, including: environmental clearance, topographic survey, preliminary and final design of the project. Therefore, staff is requesting City Council authorize ratifying the establishment of an Engineering Grants Fund appropriation of $900,000 and corresponding revenue for the design and entitlement costs of the Bayshore Bikeway Segment Five project funded by the Port of San Diego. 108 of 392 L_I Ba s ore Bi ewa — Se:ment 5 109 of 392 RESOLUTION NO. 2019 » 166 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE SAN DIEGO UNIFIED PORT DISTRICT (PORT) AND THE CITY OF NATIONAL CITY FOR FUNDING FOR DESIGN AND ENTITLEMENTS FOR THE BAYSHORE BIKEWAY SEGMENT FIVE WHEREAS, In July 2018, staff submitted a Cycle 4 Active Transportation Program (ATP) grant application to the California Department of Transportation (Caltrans) for the Bayshore Bikeway — Segment 5 Project; and WHEREAS, the project will provide nearly 1,5 miles of protected bicycle facilities along McKinley Avenue and Marina Way in the City of National City; and WHEREAS, in January 2019, City staff received notification from Caltrans that the City had been awarded Federal ATP funds in the amount of $6,421,000, which requires a local match from the City of $70,000; and WHEREAS, the remaining $900,000 match is available through the San Diego Unified Port District's Maritime Industrial Impact Fund (MUIF), resulting in a total project cost of $6,391,000; and WHEREAS, the Memorandum of Understanding between the City of National City and the San Diego Unified Port District (Port) outlines the terms of use of MIIF funds for the project; and WHEREAS, the Port has budgeted $200,000 for the project's environmental clearance, topographic survey, and preliminary engineering for Fiscal Year 2020, and $700,000 for final design and permitting to for Fiscal Year 2021, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Memorandum of Understanding (MOU) between the San Diego Unified Port District (Port) and the City of National City for funding for design and entitlements for the Bayshore Bikeway Segment Five. PASSED and ADOPTED this 19fh day of Novo 20 Alejandra S.telo-Solis, Mayor ATTES 9y Michael R! Dalla, City Clerk APPROVED AS TO FO .1111 �,�r ./. Angil ' i'.rri -J 110 of 392 Passed and adopted by the Council of the City of National City, California, on November 19, 2019 by the following vote, to -wit: Ayes: Counalimembsrs Carlo, Morrison, Quintero, Rios, Sotelo-Solls. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: ALEOANDRA SQTEJ-.O-SOLIS Mayor of the City of National City, California City Clerk of the City of National City, California By: I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2019-155 of the City of National City, California, passed and adopted by the Council of said City on November 19, 2019. By: City Clerk of the City of National City, California Deputy 111 of 392 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City accepting and authorizing the Mayor to sign a Street Easement from Family Health Centers of San Diego, Inc., the owners of the property at 1000 Euclid Avenue, for the installation of a retaining wall that is required in order to install a San Diego Gas and Electric Company meter pedestal to supply power to the City's new traffic signal. (Engineering/Public Works) Please scroll down to view the backup material. 112 of 392 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 4, 2020 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City accepting and authorizing the Mayor to sign a Street Easement from Family Health Centers of San Diego, Inc., the owners of the property at 1000 Euclid Avenue, for the installation of a retaining wall that is required in order to install a San Diego Gas and Electric Company meter pedestal to supply power to the City's new traffic signal. PREPARED BY: Charles Nissley ;f DEPARTMENT: Eng•ne ring and Public Works PHONE: 336-4396 APPROVED BY: EXPLANATION: The City of National City (City) is currently constructing the Euclid Avenue Bicycle and Pedestrian Enhancements Project, CIP No. 18-10. In order to install a San Diego Gas and Electric Company (SDG&E) electric meter and pedestal to provide power to the new City traffic signal, a retaining wall is required within private property at 1000 Euclid Avenue. Family Health Centers of San Diego, Inc. (Health Centers) are owners of the property. The confined right-of-way and existing topography adjacent to the project site do not provide the minimum ADA clearance if the proposed improvements are kept within the City right-of-way. As such, the City has prepared a Street Easement document, and sent it to the Health Centers for execution. Health Centers has provided the City with an executed and notarized Street Easement for acceptance and recording at no cost to the City. Staff is asking that the easement be accepted and the mayor be authorized to sign the easement and have it recorded. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Street Easement Deed 2. Legal Description 3. Plat 4. Resolution 113 of 392 RECORDING REQUESTED STCJ) BY City ofNational City 1243 National City Revd. National City, Ca, 91950 WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENT TO 8AWt AS ABOVE SPACE ABOVE THIS LINE FOR RECORDER'S USE STREET EASEMENT The undersigned grantor(s) dealare(s): Document transfer tax is $ City of National City, and NONF Al'N 558 010 58 00 FOR A VALUABLE CONSIERATION, receipt of which is hereby acknowledged, Family Health Centers of San Diego Inc. hereby CRANT(S) to The City of National City, a Street Easement over, across under and through that pertain real property as described in the attached Exhibit "A" and further shown in the attached Exhibit "B", to construct, repair, replace, and maintain streets, sidewalks, utilities and appurtenances. Dated 7 Attach Notary Acknowledgement 114 of 392 CALIFORNIA ALL PURPOSE CERTIFICATE OF 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 (Ban Diet,0 } On 3165 1 010 before me, 13 ••S O Pig °� D.)71ty-IA ' t.l i * U (Hera insert nahroanddtfloof nfldor personally appeared at In SIA -cr- 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 signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary • D�ITI(?hIAL OPTIONALINFOi MA►7 ON INSTRUCTIONS FOR COMPLBTING THIS FORM Thrs forrui enmpions• with (:arrant• Catifb ia. tatatm regarding notary wording and. if needed, should be completed crud attached to the document. Acknowledgments .front other states may be con+pleted far documents befrg seat to that state so long CIS the wording dons not regrtrw the California rotary In violate California hourly law. • State and County information must be the Slate and County where the does lent signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must he the date that the signer(s) personally appeared which must also be the sante date the acknowledgment is completed, • The notary public must print his or her name as it appears within his or her commission followed by a comma and theft your title (notary public), • Not the name(s) of document signer(s) who personally appear et the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect Corms (I.e. lie/she/the is iare) or circling the correct firms, Failure to correctly Indicate this information may load to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression trust not cover text or lines. if sett] impression smudgoe, re -seal if a suffteiont.area permits, otherwise complete a different acknowledgment form, • Signature of the notary public mast match the nlgnntvre on file with the office of the county clerk. Additional information is not required hat could help to ensure this -neknowlcclgment is not misused or attaches/ to n differ eat irciotuffent; Indicate title or type of attached document, number of pug and date + Indicate the capacity claimed by the signer. If the ciah•necl capacity is a corporate officer, indicate the tide (i.e. Cep, CFO, Seotetary), • Securely attach this document to the signed document with n staple. B. SUAVENGCO Commission No. 2234282 NOTARY PUuuIC - CALIFORNIA r SAN DIEGO COUNTY Committslon Expires Marsh 16, 2022 DESCRIPTION OF THE ATTACHED DOCUMENT w ' s.e.m n1, (Title or descripflon of allaohed document) -1rNit5/5gaU 5100 Mlle or desctIp@on of effeched document continued) Number of Pages Document Date 1 "8-. (Notary Public Seal) CAPACITY CLAIMED BY THE SIGNER q individual (s) • Corporate dicer (Title) L�E Partner(s) ❑ Attorney -In -Fact t rustee s . .. 2015 Version www,NolaryClasses.00rn 000417S-9065 "a[Pr• .+�• sue. n�ex,mr •"� 115 of 392 EXHIBIT "A" EASEMENT LEGAL DESCRIPTION THAT PORTION OF THE NORTHWESTERLY QUARTER OF QUARTER SECTION 106 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11,1869, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHWESTERLY LINE OF EUCLID AVENUE AS DESCRIBED IN DEED TO THE CITY OF NATIONAL CITY, RECORDED MAY 19, 1965 AS INSTRUMENT NO, 89706 OF OFFtCIAL RECORDS, WITH A LINE THAT IS 50 FEET EAST or AND PARALLEL WITH THE WESTERLY LINE OF SAID QUARTER SECTION 106, AS SHOWN ON RECORD OF SURVEY MAP NO,11961, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 8, 1.988 AS FILE NO, 88-63151,9 OF OFFICIAL RECORDS, SAID POINT I.3EING ON A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 540.00 FEET, A RADIAL TO SAID POINT BEARS SOUTH 38°47'55" WEST; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF EUCLID AVENUE AND THE ARC OF SAID CURVE 78.18' FEETTHROUGH A CENTRAL ANGLE OF 8°17'42" TO THE END OF SAID CURVE AND THE TRUE POINT OF BEGINNING, SAID POINT IS REFERENCED BY A LEAD AND DISC MARKED LS 4605 IN A CONCRETE SIDEWALK AT AN OFFSET OF 3.00 FEET MEASURED RADIALLY AS SHOWN ON SAID RECORD OF SURVEY MAP NO.11961; THENCE CONTINUING SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF SAID EUCLID AVENUE SOUTH 59°29'47" EAST 4.1.5 FEET; THENCE LEAVING SAID SOUTHWESTERLY LINE OF EUCLID AVENUE SOUTH 30°30'13" WEST 5.89 FEET; THENCE NORTH 57°37'07" WEST 13.53 FEET; THENCE NORTH 31.°29'18" EAST 5,52 FEET TO SAID SOUTHWESTERLY LINE OF EUCLID AVENUE BEING A POINT ON SAID CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 540.00 FEET, A RADIAL TO SAID POINT BEARS SOUTH 31°29'18" WEST; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF EUCLID AVENUE AND THE ARC OF SAID CURVE 9,28 FEET THROUGH A CENTRAL ANGLE OF 0°59'OS" TO THE TRUE POINT OF BEGINNING. CONTAINS 77 SQUARE FEET, MORE OR LESS, THE BASIS OF BEARINGS FOR THIS LEGAL DESCRIPTION IS THE NAD 8$, ZONE 6 BEARING BETWEEN POINT NUMBERS 1.232 AND 3246 AS SHOWN ON RECORD OF SURVEY MAP NO. 14492 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY MARCH 31, 2004 116 of 392 EXHIBIT rg„ 1SEMEN ' PLA T N,029781E (R) 452' BM lee MON N7272''5er 121.281,,,,, Amen, 2494' VIES' ...... _.-- 1. BASS OF BEARINGS,'-7111' BASISOF BEARINGS FOR 1111S SURVEY-1s-m+E-GALIFOBNIA-COORDINATE. - SYS7R,1 NAB 84 ZONE 6, EWEN POINT NUMBERS 1232 AND J246 AS SHOW ON 1?OS 14492. 2, DISTANCES SHOW HEREON PCR ROS 11961 �1ND/CA7ES EASEMENT TO CITY OF NATIONAL C17Y GRAN O /ICRE'ON. , ti\ R-64O,DD f �� L428' f �. // WAD AND DISC STAMPED L, S 4005 SCALE: 1" 80' 117 of 392 A P ® h:W INEr_Inw' INb. Easement Closure Closure Summary Precision., 1 part in: 5176.69' Error distance: 0.01' Error direction: S 16°32' 18"w Area: 76.58 Sq, Ft. Square area: 76.58 Perimeter: 38.37 Point of Beginning Eastiiig: 6308712,0331' Northing: 1830343,1600' Side 1: Line Direction: 859°29'47" E Angle: [-59°29'47"] Deflection. angle: [120°30'13"] Distance: 4.15' Easting: 6308715.608 7' Northing: 1830341.0535' Side 2: Line Direction: S30°30'13"W Angle: [-90°00'00"] Deflection angle: [90°00'001 Distance: 5.89' Basting: 6308712.6190' Northing: 183 033 5,9787' Side 3: Line Direction: N57°37'07" W Angle: [-881)07'20"] Deflection angle: [91°52'401 Distance: 13.53' Basting; 63 08701.1.929' Northing: 1830343.2247' Side 4: Line Direction: N31 °29'18"E Angie: [-90°53'35" 1 Deflections angle: [89°06'25"] Distance: 5.52' Basting: 63 08704. 0761' Northing: 1830347.9319' 6 17 i Saxony Itd 4-213 0 I?ncinitas, CA 7Gt 436.0G60 $ >i: 760.436.0659 # infogsainpocngipeering,ccma Pagc._11.. EAMPO CNfdIWYtIMNq, INrw. Side 5: Curve Curve direction: Radius: Arc length; Delta angle: Tangent: Chord direction: Chord angle; Deflection angle: Chord distance: Beating: Northing: Counter -clockwise [540.00'] 9,28' 0°59'05" [4.64t] S59°00'15"B, [-90°29'331 [8990'27" 1 9.28' 6308712.0310' 1830343.1529' 17) Saxony Rc1.1-243 F F ncinitas, CA 92424 ♦ P: 760,436M660 + i : 760.436.0659 a info a satnp9ongitteerin .come Page (2 119 of 392 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Mayor to execute a Mills Act Historic Preservation Contract for 540 "E" Avenue. (Applicant: Teresa McNeil) (Case File 2020-10 M) (Planning) Please scroll down to view the backup material. 120 of 392 MEETING DATE: CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT August 4, 2020 ITEM TITLE: Resolution of the City Council of the Historic Preservation Contract for 540 PREPARED BY: Martin Reeder, AICP PHONE: 519-336-4313 EXPLANATION: AGENDA ITEM NO. , City of National City authorizing the Mayor to execute a Mills Act "E" Avenue. (Applicant: Teresa McNeil) (Case File 2020-10 M) — Principal Planner DEPARTMENT: C APPROVED BY: Development The property owners of 540 "E" Avenue are requesting a Mills Act contract. The structure is a two-story Victorian style home located on a 6,900 square -foot lot. The property is in the Small Lot Residential (RS-2) zone. Typical of the style, it is constructed with wood siding, trimmed and decorated in a contrasting color, with varied roof lines and asymmetrical designs. There are large windows trimmed with colored squares of stained glass. Mills Act contracts are historic preservation tools that provide property tax savings for owners in exchange for a commitment to maintain and/or restore a historic structure. This property was part of the original list of historic properties, adopted in 1996. The residence is in good condition, having undergone significant rehabilitation. This included removal of the non -period stucco, rewiring, foundation repair, new plumbing, and refinishing of the original hardwood floors. Future work includes restoration of some of the unique interior features (wallpaper, corbels, glass, etc.) and landscaping, which is noted on the attached Maintenance Plan. The Mills Act contract is valid for 10 years and automatically extends for one year on the anniversary date. The City may cancel the contract if breached or opt not to renew it if proper notice is provided. There are currently 17 Mills Act contracts in the City. According to the San Diego County Assessor, there will be a reduction of approximately 30% in the assessed value of the property, which translates into a property tax reduction of about $808 annually with respect to the "1%" portion of the property tax bill. Because the property lies within the former redevelopment area, this reduction will be to property taxes available to the Successor Agency. The loss to the Successor Agency would in turn impact the amount of residual balance available for distribution to other agencies, including the City whose share would be about $162i FINANCIAL STATEMENT: APPROVED: `r ilr-.Rs Finance ACCOUNT NO. APPROVED: MIS The action will result in a reduction in annual Successor Agency property tax revenue of approximately $808. The impact on the City would be an approximate loss of $162 in residual balance distribution revenue from the Successor Agency.; ENVIRONMENTAL REVIEW: 'Not subject to CEQA STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: IN/P1 ATTACHMENTS: 1. 2. 3. Overhead Site Photos Maintenance Plan 4. Mills Act Contract 5. List of current Mills Act properties 6. Resolution 2020-10 M — 540 `E' Avenue — Overhead Avenue drive -,work ATTACHMENT 1 122 of 392 2020-10 M- 540 `E' Avenue Mills Act Contract — Site Photo 4 I: ‘1,111, - - 111 414.- 4•0114.6 • 1 AROgr # • irinfi /mum !IrSuIi 01 1111h ilq11111 1111111 1111111111 1ll/111111H 111111111111111 11111 IL is" 141Aliir611411iligill41111 II II 4 11.-1111 - • fr # turniiiit 4,60' — 4 View looking northeast ATTACHMENT 2 2 123 of 392 Maintenance Plan for 540 `E' Avenue, National City Previous activities: • Old foundation was replaced; • Stucco was removed to reveal the original siding; • Original siding was painted; • Electrical system was rewired; • A new plumbing system was installed; • A new forced air unit (central heating and air) was installed; • The front and back porch covers were replaced; • Original hardwood floors were refinished. Future activities: • Upgrade and maintain landscaping; • Hanging wallpaper; • Replace glass, corbels, and other unique features inside and outside the structure. ATTACHMENT 3 3 Recording Requested by and When Recorded Please Mail to: Michael R. Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 APN(s): 556-231-17-00 Above Space for Recorder's Use Only. MILLS ACT CONTRACT For property located at 540 `E' Avenue THIS MILLS ACT CONTRACT ("Contract") is entered into by and between THE CITY OF NATIONAL CITY, a municipal corporation ("CITY") and the McNeil Family Trust ("OWNER"). RECITALS WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills Act, authorizes cities to enter into contracts with the owners of "qualified historic properties", defined in Government Code Section 50280.1, to provide for the use, maintenance, and restoration of such historic properties so as to retain their characteristics as properties of historic significance. WHEREAS, OWNER possesses fee title to that certain real property, together with associated structures and improvements thereon, Assessor's Parcel No. 556-231-17-00, and located at the street address 540 `E' Avenue, National City, California (the "Historic Site"), on property generally described as: LOTS 11 AND 12 AND THE SOUTHERLY 10 FEET OF LOT 13, IN BLOCK 44 OF MCCOYS SUBDIVISION OF 10 ACRE LOT 11 AND QUARTER SECTION 155 OF RANCHO DE LA NACION, ACCORDING TO MAP THEREOF NO. 6 FIELD IN THE OFFICE OF THE SAN DIEGO RECORDER APRIL 26, 1881. WHEREAS, the National City Council designated the above property as a Historic Site and it is so listed and currently eligible for listing in the "List of Identified Historic Sites in National City". A copy of such listing is attached to this Contract as Attachment A. WHEREAS, City and OWNER, for their mutual benefit, now desire to enter into ATTACHMENT 4 4 125 of 392 this Contract both to protect and preserve the characteristics of historic significance of the Historic Site and to qualify the Historic Site for an assessment of valuation pursuant to the provisions of Article 1.9 (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code, and of Article 12 (commencing with Section 50280) of Chapter 1 of Part 1 of Division 1 of the California Government Code. AGREEMENT NOW THEREFORE, in consideration of the mutual benefits and covenants, CITY and OWNER agree as follows: 1. Effective Date and Term of Contract. This Contract shall be effective and commence on August 4, 2020 ("Effective Date"), and shall remain in effect for a term of ten (10) years thereafter. The initial ten-year term, and any extension pursuant to Section 2, shall collectively be referred to hereafter as the "Term." 2. Automatic Renewal and Notice of Non -Renewal. a. Renewal. Each year on the anniversary of the effective date of this Contract (the "Renewal Date"), a year shall automatically be added to the initial term of this Contract unless notice of non -renewal is mailed as provided herein. b. Non -Renewal. If either OWNER or CITY desires, in any year, not to renew this Contract, OWNER or CITY shall serve written notice of non -renewal on the other party in advance of the annual Renewal Date of the Contract. Unless such notice is served by OWNER to CITY, in writing to the City Council, at least ninety (90) days prior to the annual Renewal Date, or served by CITY to OWNER at least sixty (60) days prior to the annual Renewal Date, one (1) year shall automatically be added to the Term as provided herein. If either CITY or OWNER serve notice to the other of non - renewal in any year, the Contract shall remain in effect for the balance of the Term then remaining, either from its original execution or from the last renewal of the Contract, whichever may apply. (1) Protest. Upon receipt by OWNER of a notice of non -renewal from CITY, OWNER may make a written protest of the notice to the City Council. Any protest must be received by the CITY no later than 15 days from the date of the notice of non -renewal. c. Withdrawal of Non -Renewal. CITY may, at any time prior to the Renewal Date of the Contract, withdraw its notice of non -renewal. d. City Non -Renewal. If CITY serves notice of non -renewal in any year, the existing Term of the Contract shall remain in effect for the balance of the Mills Act Agreement Revised J 2020 Page 2 of 8 5 City of National City and McNeil Family Trust 126 of 392 period remaining since the original execution or the last renewal of the Contract, as the case may be. 3. [Reserved] 4. Eligibility. To be eligible for this Contract, the Historic Site shall be listed and shall remain eligible for listing in the "List of Identified Historic Sites in National City." 5. Standards for Historic Site. During the Term, the Historic Site shall be subject to the following conditions, requirements, and restrictions: a. OWNER shall preserve and maintain the characteristics of the cultural and historical significance of the Historic Site, and when necessary, restore and rehabilitate the Historic Site to conform to the rules and regulations of the Office of Historic Preservation of the Department of California State Parks, the United States Secretary of the Interior's Standards for Rehabilitation, and the State Historical Building Code, as amended from time to time. Work shall be done in accordance with the attached maintenance schedule drafted by the OWNER attached to this Contract as Attachment B. b. OWNER shall maintain all buildings, structures, yards and other improvements in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited: (1) Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows; (2) Scrap lumber, junk, trash or debris; (3) Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers, or similar items; (4) Stagnant water or excavations, including swimming pools or spas; (5) Any device, decoration, design, structure or vegetation which is unsightly by reason of its height, condition, or its inappropriate location. c. Five years after the Effective Date, and every five years thereafter, City shall inspect the interior and exterior of the Historic Site to determine OWNER' continued compliance with the Contract. Inspections required by this Section must: (1) Be scheduled by prior appointment between City and OWNER, and (2) Occur no later than thirty days from the five-year anniversary described in this Section. OWNER shall allow visibility of the exterior of the structure from the public right-of-way. OWNER shall not block the view to the exterior of structure Mills Act Agreement Revised J 2020 Page 3 of 8 6 City of National City and McNeil Family Trust 127 of 392 with any new structure, such as walls, fences, or shrubbery. e. If OWNER applies to CITY for a permit for demolition, substantial exterior alteration, or removal of the Historic Site, OWNER shall attend and participate in a scheduled hearing regarding such application before the board or commission designated by the City Council to oversee CITY'S historic resources prior to the issuance of such permit. CITY will endeavor to schedule such hearing within three (3) weeks after OWNER submits such application to CITY. f. Notwithstanding the foregoing Section 5(e), if OWNER applies to CITY for a permit for the demolition, substantial exterior alteration, or removal of the Historic Site, OWNER shall comply with all CITY and State of California environmental regulations, policies and requirements prior to CITY'S issuance of the requested permit. 6. Information of Compliance. OWNER hereby agrees to furnish CITY with any and all information requested by CITY which CITY deems necessary or helpful to determine compliance with the terms and provisions of this Contract. 7 Breach of Contract; Cancellation. If CITY determines that the OWNER has breached any of the conditions of the Contract, or have allowed the Historic Site to deteriorate to the point that it no longer meets the standards for a "qualified historical property", as defined by Government Code Section 50280.1, CITY shall do one of the following: a. Public Hearing. Cancel this Contract after CITY has given written notice of, and has held, a public hearing on the proposed cancellation. Notice of such hearing shall be mailed to the last known address of each of the OWNER within the historic zone and shall be published pursuant to Government Code Section 6061. If CITY cancels the Contract pursuant to Section 7(a), OWNER shall pay those cancellation fees set forth in Government Code Section 50286. b. Court Action. Bring any action in court, pursuant to Section 14(e) necessary to enforce the Contract, including, but not limited to, an action to enforce the Contract by specific performance or injunction. 8. OWNER'S Cancellation Alternative. As an alternative to cancellation of the Contract, OWNER may bring any action in court, pursuant to Section 14(e), necessary to enforce the Contract, including, but not limited to, an action to enforce the Contract by specific performance or injunction. 9. Binding Effect of Contract. OWNER hereby subjects the Historic Site to the covenants, reservations and restrictions set forth in this Contract. CITY and Mills Act Agreement Revised J 2020 Page 4 of 8 7 City of National City and McNeil Family Trust 128 of 392 OWNER hereby declares their specific intent that the covenants, reservations, and restrictions as set forth in this Contract shall be deemed covenants running with the land and shall pass to and be binding upon OWNER'S successors and assigns in title or interest to the Historic Site. Each and every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Site, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Contract regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed, or other instrument. CITY and OWNER hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein, touch and concern the land, in that OWNER'S legal interest in the Historic Site is rendered less valuable thereby. CITY and OWNER hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the historic characteristics and significance of the historic Site for the benefit of CITY, the public, and OWNER. 10. Processing Fee. OWNER shall pay to CITY a processing fee of $3,700. 11. Notice. Any notice required to be given by the terms of this Contract shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by either party. To CITY: City of National City Director of Community Development 1243 National City Boulevard National City, CA 91950 To OWNER: McNeil Family Trust 540 `E' Avenue National City, CA 91950 12. Indemnity and Hold Harmless of City. OWNER shall defend, indemnify and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the OWNER'S performance or other obligations, including (a) maintenance of the Historic Site by OWNER or any contractor, subcontractor, agent, lessee, or any other person under this Contract, and also arising out of (b) any restrictions on the use or development of the Historic Site, from application or enforcement of the National City Municipal Code or from enforcement of this Contract; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers, employees or volunteers. CITY will cooperate reasonably in the defense of any action, and OWNER shall employ competent counsel, reasonably acceptable to the City Attorney. Mills Act Agreement Page 5 of 8 City of National City and Revised J 2020 8 McNeil Family Trust 129 of 392 The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the Term of this Agreement and shall not be restricted to insurance proceeds, if any, received by City, officers, officials, agents, employees, and volunteers. 13. Eminent Domain. If the Historic Site is acquired in whole or in part by eminent domain or other acquisition by any entity authorized to exercise the power of eminent domain, and the acquisition is determined by the CITY to frustrate the purpose of this Contract, the Contract shall be canceled and no fee shall be imposed under Government Code Section 50286. The Contract shall be deemed null and void for all purposes of determining the value of the property so acquired. 14. General Provisions. a. None of the terms, provisions, or conditions of this Contract shall be deemed to create a partnership between the parties and any of their heirs, successors, or assigns, nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. b. All of the agreements, rights, covenants, reservations, and restrictions contained in this Contract shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Site, whether by operation of law or in any manner whatsoever. c. If any of the provisions of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. d. This Contract shall not take effect unless and until OWNER'S signature is notarized by a notary public. Furthermore, if an agent or representative of OWNER signs this Contract on behalf of OWNER, the agent or representative must furnish proof to the satisfaction of CITY, that the agent or representative has authority to act on OWNER'S behalf. e. This Contract shall be governed by the laws of the State of California. The venue for any action shall be a court of competent jurisdiction in the County of San Diego, State of California. f. OWNER or an agent of OWNER shall provide written notice of this Contract to the State Office of Historic Preservation within six (6) months of entering into the Contract. Mills Act Agreement Revised J 2020 Page 6 of 8 9 City of National City and McNeil Family Trust 130 of 392 15. Consultation with State Commission. CITY and OWNER may consult with the State Historical Resources Commission for its advice and counsel on matters relevant to historical property contracts. 16. Recordation. No later than twenty (20) days after the parties execute and enter into this Contract, the City Clerk shall cause this Contract to be recorded in the office of the County Recorder of the County of San Diego 17. Amendments. This Contract may be amended only by a written and recorded instrument executed by the parties hereto. Ill III III /// /// III III III III III III Ill III Ill Ill Ill III 111 /// //I Ill III III III /// /// /// III III III III H1 Ill 111 III Mills Act Agreement Revised J 2020 Page 7 of 8 10 City of National City and McNeil Family Trust 131 of 392 18. Statutory References: A reference anywhere in this Contract to a Government Code section, or other statutory authority, means a reference to that section as may be later amended. CITY OF NATIONAL CITY OWNER OF RECORD Date: August 4, 2020 Date: By: By: Alejandra Sotelo-Solis, Mayor McNeil Family Trust (Notarized Signature) Date: Attest: By: Michael R. Dalla, City Clerk APPROVED AS TO FORM: ANGIL P. MORRIS-JONES City Attorney OWNER PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF NOTARY PAGE WITH SIGNATURE AND SEAL. Mills Act Agreement Revised J 2020 Page 8 of 8 11 City of National City and McNeil Family Trust 132 of 392 NATIONAL CITY MILLS ACT CONTRACTS CASE FILE NO. ADDRESS: APPLICANT 1 M-2002-1 3600 E. 8th Street Moncrieff Family Limited Partnership 2 M-2002-2 926 A Avenue Janice Martinelli 3 M-2002-3 1941 Highland Avenue Celia, Josefina Hernandez 4 M-2003-1 916 A Avenue Jeannette Salazar 5 M-2003-2 928 A Avenue Jeannette Salazar 6 M-2003-3 1433 E. 24th Street Jim Ladd 7 M-2003-4 45 East Plaza Blvd. Janice Martinelli 8 M-2003-5 907 A Avenue Louise Branch 9 M-2005-1 906 A Avenue Janice Martinelli 10 M-2006-1 910 A Avenue Janice Martinelli 11 M-2006-2 934 A Avenue Janice Martinelli 12 2007-44 M 2824 L Avenue Sherri Steliga 13 2010-9 M 2525 N Avenue ICF 14 2010-28 M 940 E. 16tt' Street Janice Martinelli 15 2018-10 M 1430 E. 24th Street Stephani Norton 16 2020-01 M 555 E. 1st Street Justin Tjalma 17 2020-04 M 204 E. 2nd Street Jerry Overbey ATTACHMENT a 12 133 of 392 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving the Memorandum of Understanding (MOU) between the City of National City and the National City Municipal Employees' Association (NCMEA). (Human Resources) Please scroll down to view the backup material. 134 of 392 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 4, 2020 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City Approving the Memorandum of Understanding (MOU) between the City and the National City Municipal Employees' Association (NCMEA). PREPARED BY: Robert J. Meteau Jr. PHONE: 336-4308 EXPLANATION: DEPARTMENT: Human Resources APPROVED BY: The labor agreement between the City of National City and the National City Municipal Employees' Association (NCMEA) expired on June 30, 2020. City representatives began meeting and conferring in good faith with NCMEA representatives in April 2020, for the purpose of negotiating a successor agreement. On June 30, 2020, the NCMEA membership voted to ratify the terms of an 18-month agreement, from July 1, 2020 to December 31, 2021 as set forth by the negotiating teams. A complete summary of the terms of the agreement is attached. FINANCIAL STATEMENT: ACCOUNT NO. Fiscal Impact: Up to $246,000 for the one-time non-PERSab1e stipend of $2,000 per MEA employee. Shift differential pay from $50 per pay period to 2% of base wage is essentially cost neutral, but will have small cost in future years as wages rise. ENVIRONMENTAL REVIEW: This is not a project, and therefore, is not subject to environmental review. APPROVED: L ,z Finance APPROVED: MIS ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution approving the 18-month agreement reached between the City National of City negotiating team and the City of National City Municipal Employees' Association (NCMEA). BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Summary of Package Tentative Agreement between the City and NCMEA NCMEA Memorandum of Understanding Resolution 135 of 392 • • CITY OF NATIONAL CITY / NATIONAL CITY MUNICIPAL EMPLOYEES ASSOCIATION (SEIU LOCAL 221) 2020 MOU NEGOTIATIONS Package Tentative Agreement ARTICLE 2 — HOLIDAYS Section 5 Holiday Closures City facilities will close for a period of approximately two weeks in the second half of December of each year with time off for non -essential personnel. 1. Each June, employees may elect to either (a) take unpaid furlough hours/days off during the holiday closure for that calendar year, (b) use accrued paid leave balances (vacation, comp time and/or floating holidays) during the holiday closure for that calendar year, or (c) have equal pay deductions each pay period for the 26 pay periods of the fiscal year that includes the applicable holiday closure period to cover the two week holiday closure. o To elect options (a) or (c), employees must notify Payroll no later than the end of the last business day of the first full week in June of the applicable year. o If no election is made, option (b) (use of accrued paid leave balances during the holiday closure) shall apply. If the employee's accrued leave balances are insufficient to cover the entire holiday closure, the remainder of the holiday closure hours will be deemed unpaid time off with a corresponding deduction in the employee's pay check for the pay period. 2. The City facilities shall close except for emergency services, including Fire, Police and other personnel deemed emergency services essential personnel. Any employee subject to the furlough that is required to work in the performance of services deemed essential during the furlough period shall be credited with corresponding furlough leave hours. 3. The following calendar is based on the City's current 4/10 workweek for the 2020 and 2021 Holiday Closures. A change in the workweek schedule would result in a modification of the calendar. 2020 Holiday Closure December 21, 22 furlough or accrued leave December 23 holiday (Christmas Eve) December 24 holiday (Christmas Day) December 28, 29, 30 furlough or accrued leave pecember 31 holiday (New Year's Day) 1 136 of 392 • • • 2020 Additional Holiday Closure — Library Weekend before furlough — December 18-19, 2020 Weekend after furlough — January 2-3, 2021 2021 Holiday Closure December 20, 21 furlough or accrued leave December 22 holiday (Christmas Eve) December 23 holiday (Christmas Day) December 27, 28, 29 furlough or accrued leave December 30 holiday (New Year's Day) 2021 Additional Holiday Closure — Library Weekend before furlough — December 18-19, 2021 Weekend after furlough — January 1-2, 2022 ARTICE 14 — HEALTH AND DENTAL INSURANCE Section 1 Insurance Program Coverage As a benefit to career full-time employees and, on a pro -rated basis, career part-time employees working 20 hours/week or more in this bargaining unit, the City will provide a combined group insurance program of health and dental coverage. The benefits and limitations of the program are to be designed cooperatively by the Employees' Association, City and program provider. The Employees' Association and City agree to select and implement health insurance programs, which best serve the needs of the employees. The City and Employees Association agree during the term of this 2020-21 MOU to discuss any Employees' Association's concerns with the costs of health care for Employees Association employees. ARTICLE 21— WAGE AND SALARY SCHEDULE Section 1 Classification and Base Wage Ranges There will no wage increase during the term of this 7/20 — 12/21 MOU; however, employees employed on the date the City Council approves this 7/20 —12/21 MOU shall receive a 1-time non-PERSab1e $2,000 stipend. [No change to rest of Section) ARTICLE 25 — PAY DIFFERENTIALS (Section 4 - Shift Differential) Employees shall receive a shift differential of 2.0% of base Day for all hours of their regular shift if the majority of their regularly scheduled shift is between 10:00 p.m. and 6:00 a.m. the next day. 2 137 of 392 • • ARTICLE 30 — DURATION OF MEMORANDUM OF UNDERSTANDING This MOU shall be effective July 1, 2020 and shall remain in full force and effect until December 31, 2021, with its terms continuing in effect thereafter until a successor agreement is agreed to and approved, or impasse proceedings are completed. Both parties mutually agree to begin a good faith meet and confer process for the successor MOU by September 1, 2021, and strive to complete negotiations and have a successor MOU approved by December 31, 2021. 7(k- Edward Kreisberg, Lead Negotiator City of National City Dated: July 8, 2020 MaggieTa, Lead Negotiator National CityoiEA SEIU Local 221) Dated: 06 `�j ZOD.,0 138 of 392 CITY OF NATIONAL CITY tNIxLerjpy .e e 'NCORPORATE MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF NATIONAL CITY CALIFORNIA and NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION AGREEMENT PERIOD JULY 1, 20203�- DECEMBER 31JUNE 30, 20210- 139 of 392 MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION FOR THE FOLLOWING PERIOD OF TIME: JULY 1, 2020 — DECEMBER 31, 2021 The representatives of the City Manager of the City of National City, for and on behalf of the City Council of the City of National City, have met and conferred with the representatives of the National City Municipal Employees' Association, an organization representing employees of the City of National City, in accordance with the provisions of Section 3500 et. Seq., of the Government Code of the State of California, and; As a result of meeting and conferring in good faith with said Group, agreement has been reached on the following terms and conditions of employment as applied to those employees who are members of and represented by the Association; and the Memorandum of Understanding concerning said agreed terms and conditions of employment has been approved by the City Council of the City of National City on August 4, 2020, by Resolution No. 2020- For the CITY: BRAD RAULSTON City Manager EDWARD KREISBERG Chief Negotiator TONY WINNEY For the NCMEA: MAGGIE TA Chief Negotiator, Worksite Organizer SEIU Local 221 JAMES SLADE President NCMEA MARTHA ACOSTA Assistant City Manager NCMEA Representative ROBERT J. METEAU KARLA APALATEGUI Human Resources Director NCMEA Representative LILIA MUNOZ DENISE BARAHURA Human Resources Analyst NCMEA Representative MARK ROBERTS JOHN BELL Director of Finance NCMEA Representative ARACELI COVARRUBIAS NCMEA Representative ROY INGA, JR. NCMEA Representative ALEX NEU NCMEA Representative SUE PFEIFER NCMEA Representative EDDIE SANCHEZ NCMEA Representative 140 of 392 TABLE OF CONTENTS ARTICLE 1 — IMPLEMENTATION ARTICLE 2 — HOLIDAYS ARTICLE 3 — ARTICLE 4 — ARTICLE 5 — ARTICLE 6 — ARTICLE 7 — ARTICLE 8 — ARTICLE 9 — ARTICLE 10 ARTICLE 11 4 5 LEAVE ELIGIBILITY AND PROCEDURE 9 ANNUAL VACATION LEAVE 10 MILITARY LEAVE 12 FAMILY CARE AND MEDICAL LEAVE 13 COURT LEAVE 14 SICK LEAVE WITH PAY 15 TRANSFER OF LEAVE CREDITS 19 — THE COMPENSATION PLAN 20 — OVERTIME 22 ARTICLE 12 — EDUCATION EXPENSES REIMBURSEMENT AND EMPLOYEE LOUNGE UPGRADE.... 24 ARTICLE 13 — SERVICE RECOGNITION PAY ARTICLE 14 — HEALTH AND DENTAL INSURANCE ARTICLE 15 — HEALTH & SAFETY RELATED PROGRAMS ARTICLE 16 — EMPLOYEE LIFE INSURANCE ARTICLE 17 ARTICLE 18 ARTICLE 19 ARTICLE 20 ARTICLE 21 ARTICLE 22 ARTICLE 23 ARTICLE 24 - ARTICLE 25 ARTICLE 26 ARTICLE 27 ARTICLE 28 ARTICLE 29 ARTICLE 30 ARTICLE 31 25 26 28 29 — SHORT TERM/LONG TERM DISABILITY INSURANCE 30 — PUBLIC EMPLOYEES' RETIREMENT SYSTEM 31 — PROVISIONS OF LAW 33 — EMPLOYEE AND ASSOCIATION RIGHTS 34 — WAGE AND SALARY SCHEDULE 36 — UNIFORMS 39 — EQUIPMENT ALLOWANCE 40 WORK DAY, WORK WEEK, PAY PERIOD AND PAY DAY 41 — PAY DIFFERENTIALS 43 — GRIEVANCE PROCEDURE 44 — MANAGEMENT RIGHTS 47 — OBLIGATION TO SUPPORT 48 — AGREEMENT, MODIFICATION, WAIVER 49 — DURATION OF MEMORANDUM OF UNDERSTANDING 50 — DEFINITIONS 51 1 3 NCMEAAgreement July 1, 20204— December 31June 30, 20210 141 of 392 ARTICLE 1- IMPLEMENTATION Section 1 It is agreed that this Memorandum shall not be binding upon the parties either in whole or in part unless and until: A. The NCMEA has approved and adopted this MOU. B. The City Council acts, by majority vote, formally to approve and adopt this MOU. 1. The City Council shall upon approval and adoption of said MOU act to appropriate the necessary funds required to implement the provisions of this MOU that require funding. 2. The City Council shall act in a timely manner to make the necessary changes in ordinances, resolutions, rules, policies and procedures to implement and conform to this agreement. Section 2 Representation The City of National City formally recognizes the National City Municipal Employees' Association (NCMEA) as the exclusive representative of all employees in affiliation with SEIU, Local 221 in the classifications listed under Article 21 — Wages and Salary Schedule. Section 3 Eligibility The wages, benefits and conditions of employment provided in this MOU are applicable to all regular and part-time career employees as defined by Civil Service Rule IV, Section 407.1 A.(1) and (2) and assigned by the City to the MEA unit. Employees hired on Temporary Full -Time or Part -Time, Intern or On -Call basis are not represented by this unit. Benefits for Part -Time Career employees will be prorated. Career/Limited Term employees in classifications assigned to the NCMEA Bargaining Unit may be eligible for the benefits provided herein only when the grant or program provides adequate funding for same. However, the City agrees to request that adequate funding for benefits be provided. 4 NCMEA Agreement July 1, 20204-8— December 31Ju14e-30, 20210 142 of 392 ARTICLE 2 - HOLIDAYS Section 1 Eligible employees in this bargaining unit are entitled, without loss of pay, to the holidays listed below: A. The following days shall be fixed holidays with pay: 1. New Year's Day — January 1st 2. Martin Luther King — 3`d Monday in January 3. Cesar Chavez Birthday — March 31st 4. Memorial Day — Last Monday in May 5. Independence Day — July 4th 6. Labor Day — 1st Monday in September 7. Thanksgiving Day — 4th Thursday in November 8. Day after Thanksgiving 9. Christmas Eve — December 24th 10. Christmas Day — December 25th B. In addition to the fixed holidays above, the following four (4) days will be credited as "Floating Holidays": 1. Lincoln's Birthday — February 12th 2. Washington's Birthday — 3rd Monday in February 3. Columbus Day — 211d Monday in October 4. Veterans' Day — November 11 th C. Fixed holidays falling on a regularly scheduled workday will be paid based on the employee's assigned daily work schedule. For example, employees assigned to a 4/10 schedule will have holidays paid in ten (10) hour increments when the holiday falls on a regularly scheduled workday. Floating holidays will be paid in eight (8) hour increments. Section 2 The floating holidays shall be used by the employee in minimum increments of fifteen (15) minutes at the employee's discretion subject to the approval of the department head or his/her designee as a holiday and shall be used within the fiscal year earned. Reasons for denial to observe a holiday on the date requested by the employee shall be in writing and can only be related in the judgment of the department head to the efficient functioning of the department. If the department head certifies in writing to the Finance Director that it was not possible to grant the time off during the fiscal year due to unforeseen or extreme workload problems, then unused holiday credits will be added to the employee's vacation accumulation. Floating holidays may be used earlier in the fiscal year than their occurrence. New employees shall not receive credit for holidays which occurred prior to their starting date. Separating employees who have received paid time off for holidays which have not occurred as of the date of their separation are required to repay the City for such floating holidays for which they have been paid. Only non -probationary employees and employees separating in good standing shall be paid for accrued and not taken holiday time. 5 NCMEAAgreement July 1, 20204-8— December 31Ju14e-30, 20210 143 of 392 Section 3 Appointed and Religious Holidays With City Council approval, every day appointed by the President of the United States or by the Governor of California for a public fast, thanksgiving or holiday, with the exception of Good Friday, shall be honored as an additional holiday. Employees may request time off to attend religious services or other religious activities on Good Friday or on the recognized religious holidays during the year; such time off shall be charged to the employees annually accumulated leave or compensating time off. If the employee has no accumulated annual leave or compensating time off, such time off shall be without pay. Section 4 Holidays Occurring on Normal Work Day, during Sick Leave or Annual Leave or on a Weekend A. In the event a fixed holiday (as defined in Section 1) falls on and is observed on an employee's regular day off: 1. If the employee is not required to work, such employee shall be granted a floating holiday. 2. If the employee is required to work the employee shall receive: a) pay at the time and a half rate for hours worked on the holiday; and b) floating holiday hours equal to the number of hours actually worked. B. In the event a fixed holiday (as defined in Section 1) falls on an employee's regular work day: 1. If the employee is not required to work, such employee shall be compensated at straight time equal to the number of hours the employee would have been assigned to work. 2. If the employee is required to work the majority (over half) of his/her shift between 12:00 a.m. and 11:59 p.m. on the observed fixed holiday, the employee shall receive one of the following at the option of the employee: a) pay at the time and a half rate for hours worked; or b) straight time and floating holiday hours equal to the number of hours actually worked. Exception: For the fixed holidays of Christmas Day, New Year's Day, day of July 4th, and Thanksgiving Day, employees shall receive: a) pay at the time and a half rate for hours worked on the holiday with a minimum of two (2) hours of pay; and b) eight hours paid holiday time at straight time. 6 NCMEAAgreement July 1, 20204— December 31Ju14e-30, 20210 144 of 392 II,' ': Shift Creditable Hours j Rationale November XX, 20XX (Thanksgiving) 20000 — 0600 8 hours holiday pay 10 hours worked at 1.5 times Thanksgiving is an "Exception" holiday November XX, 20XX (Day after Thanksgiving) 20000 — 0600 10 hours straight time 10 floater hours Fixed holiday December 24, 20XX (Christmas Eve) 20000 — 0600 10 hours straight time 10 floater hours Fixed holiday December 25, 20XX (Christmas Day) 20000 — 0600 8 hours holiday pay 10 hours worked at 1.5 times Christmas Day is an "Exception" holiday January 1, 20XX (New Years Day) 20000 — 0600 8 hours holiday pay 10 hours worked at 1.5 times New Years Day is an "Exception" holiday C. When an employee is absent on annual leave, sick leave or compensating time off, a fixed holiday immediately preceding, immediately following or wholly within such leave period shall be recorded as a holiday and not as a day of leave. D. If a fixed holiday occurs on a Saturday, the City will observe the holiday on the preceding working day. If the fixed holiday falls on Sunday, the following work day will be observed as the holiday, except as noted in Article — (holiday closure article). E. Should the City shift the observed holiday to a day other than the actual holiday, City employees working schedules outside of the standard Monday through Friday will continue to observe the actual holiday and be compensated according to time worked on the actual holiday as outlined above. Employees in this situation will be notified of the appropriate time card notations in advance of the holiday. Section 5 Holiday Closures City facilities will close for a period of approximately two weeks in the second half of December of each year of the agreement with time off for non -essential personnel. 1. Each June, employees may elect to either (a) take unpaid furlough hours/days off during the holiday closure for that calendar year, (b) use accrued paid leave balances (vacation, comp time and/or floating holidays) during the holiday closure for that calendar year, or (c) have equal pay deductions each pay period for the 26 pay periods of the fiscal year that includes the applicable holiday closure period to cover the two week holiday closure. o To elect options (a) or (c), employees must notify Payroll no later than the end of the last business day of the first full week in June of the applicable year. o For the December 2018 holiday closures (see dates below) only, because this 2018 2020 MOU was approved during the 2018 19 fiscal year, employees electing option (c) will have an amount taken each paycheck remaining in FY 2018 19 following the election necessary to cover the December 2018 holiday closure. o If no election is made, option (b) (use of accrued paid leave balances during the holiday closure) shall apply. If the employee's accrued leave balances are insufficient to cover the entire holiday closure, the remainder of the holiday closure hours will be deemed unpaid time off with a corresponding deduction in the employee's pay check for the pay period. 7 NCMEAAgreement July 1, 20204-8— December 31Ju14e-30, 20210 145 of 392 2. The City facilities shall close except for emergency services, including Fire, Police and other personnel deemed emergency services essential personnel. Any employee subject to the furlough that is required to work in the performance of services deemed to essential during the furlough period shall be credited with corresponding furlough leave hours. 3. The following calendar is based on the City's current 4/10 workweek for the 2020 and 2021 Holiday Closures. A change in the workweek schedule would result in a modification of the calendar. 20204-8 Holiday Closure December 21, 22 furlough or accrued leave December 234 holiday (Christmas Eve) December 245 holiday (Christmas Day) December 286, 297, 304- furlough or accrued leave December 31Januat,y-1- holiday (New Year's Day) January 2 3 furlough or accrued leave 2020 Additional Holiday Closure — Library Weekend before furlough — December 19-20, 2020 Weekend after furlough — January 2-3, 2021 20214-g Holiday Closure December 20, 21 furlough or accrued leave December 23 furlough or accrued lcavc December 224 holiday (Christmas Eve) December 23S- holiday (Christmas Day) December 276, 2838, 2934 furlough or accrued leave December 30January 1 holiday (New Year's Day) January 2 furlough or accrued leave 2021 Additional Holiday Closure — Library Weekend before furlough — December 18-19, 2021 Weekend after furlough — January 1-2, 2022 8 NCMEAAgreement July 1, 20204— December 31Ju14e-30, 20210 146 of 392 ARTICLE 3 - LEAVE ELIGIBILITY AND PROCEDURE Section 1 Leave Categories Consistent with the provisions of these chapters, employees in the competitive service shall be entitled to holidays and annual vacation and shall be allowed sick, injury, emergency and special leaves of absence. Career part-time employees in competitive service working twenty (20) hours or more per week, shall be entitled to all holidays, annual vacation, sick or emergency leave and special leaves of absence as granted to full-time employees on a pro rata basis within the same number of pay periods. Section 2 Requests for Leave All requests for leaves of absence, whether with or without pay, shall be submitted in writing on prescribed forms, and except as provided in the case of compulsory leave, court leave and special meetings, must meet the approval of the department head. Section 3 Leave Approval Except in the case of sick or emergency leave, the scheduling of leaves is subject to the approval of the department head or his/her designee. It is the obligation of the employee to request in writing prior approval for all other leaves. Under unusual circumstances, the department head has the discretion to waive the requirement for prior approval. The department head shall respond to a request for leave within ten (10) days. Approvals may be rescinded by the department director in time of emergencies such as flood, earthquake, fire, civil disturbance, maintenance of skeleton staffing level, and other similar situations. Leave will not be denied unless the department demonstrates that it cannot function without the individual who is requesting a leave. Section 4 Leave of Absence - Commencement and Termination Each leave of absence shall be granted for a specific period of time and a specific cause, and if such cause shall cease to exist prior to the expiration of the period for which the leave is granted, such leave shall thereafter be invalid. Section 5 Leave of Absence - Failure to Report Leaves of absence shall be indicated on the payroll time sheets submitted to the Director of Finance for checking and certification. Failure of an employee to report at the expiration of leave shall separate the employee from City service and shall be considered, in effect, a resignation; provided, however, the City may cancel such separation if circumstances warrant such cancellation (as determined by the City Manager or his designee). Section 6 Benefits during Leave without Regular Pay All accrual of leaves, City contributions and benefits will be suspended at the end of 45 calendar days after the leave of absence begins, except as provided in this MOU and applicable law. This includes leaves without pay, suspensions, injury leave and military leave. All accounts, contributions and benefits will resume upon return from leave. 9 NCMEAAgreement July 1, 20204— December 31Ju14e-30, 20210 147 of 392 ARTICLE 4 - ANNUAL VACATION LEAVE Section 1 All eligible employees shall be entitled to annual vacation leave with pay. Section 2 Accrual Rates All accrual rates are calculated on the basis of biweekly pay periods. All forty (40) hour per week employees shall be governed by the following vacation accrual rates: 1 through 5 year's service 3.08 hours per pay period 6 through 10 year's service 4.62 hours per pay period 11 through 12 year's service 4.94 hours per pay period 13 through 14 year's service 5.23 hours per pay period 15+ year's service 6.15 hours per pay period New employees will receive, during their initial probationary period, five (5) days (totaling 40 hours) of accrued vacation at completion of nine (9) months of employment and five (5) days (40 totaling hours) of accrued vacation at completion of the probation period. Accrual will then continue at the rates above. Section 3 Scheduling of Vacation Vacation schedules shall be arranged by the department head with particular regard to the needs of the City and, as far as possible, with the wishes of the employee. 1. Eligibility for vacation pay shall be verified by the Finance Officer, who will pay only for that time which has accrued. 2. If the requirements of the employee's services are such that the employee cannot take part or all of his/her annual vacation in a particular calendar year, such vacation shall be taken during the following calendar year. 3. An eligible employee may take earned vacation in any increment of fifteen (15) minutes or more with the consent of the department head and the approval of the City Manager. Section 4 Maximum Vacation Accumulation An employee may accumulate vacation to a maximum of 2.5 times the yearly earned vacation time. Vacation leave is credited as earned and the amount of vacation leave accumulated shall not exceed the maximum and accrual shall stop whenever the employee is at the maximum. Section 5 Holidays Falling Within Vacation Period Except in the case of terminal vacation leave, paid holidays immediately proceeding, immediately following or wholly within the vacation period shall not be regarded as part of the vacation. 10 NCMEAAgreement July 1, 20204-8— December 31Ju14e-30, 20210 148 of 392 Section 6 Terminal Vacation Pay Upon termination from City service, an employee shall be entitled to pay in lieu for the number of accumulated vacation hours credited to the employee's account to a maximum of 2.5 times their annual accrual under the provisions of this section. All vacation granted upon completion of an employee's last day of work shall be a lump sum payment termed "terminal vacation pay" at the employee's current rate of pay. Section 7 Vacation Sell -Back During the term of this agreement, all MEA members on a career basis meeting the eligibility criteria defined below may convert a minimum of twenty (20) hours and a maximum of eighty (80) hours of their accumulated vacation time payable not later than December of each year. The City shall attempt to process these requests prior to the Thanksgiving holiday. In order to convert accrued vacation hours: a) Employees must use a minimum of 50 vacation hours during the eligibility period and have at least 80 hours "on the books" before and after the request. Effective for the November 2018 to October 2019 eligibility period (see Section d. below), employees must use a minimum of thirty (30) vacation hours during the eligibility period and have at least eighty (80) hours "on the books" before and after the request. b) Employees must submit a written request to Payroll to convert vacation hours to pay on or before November 1 of each year. c) Effective in 2018, employees who reach the vacation cap may have a second opportunity to convert vacation hours up to a total maximum of eighty (80) total hours in the applicable eligibility period under paragraphs a) and this paragraph. d) The eligibility period is defined as the first pay period in November to the last pay period in October. 11 NCMEAAgreement July 1, 20204— December 31Ju14e-30, 20210 149 of 392 ARTICLE 5 - MILITARY LEAVE In addition to the leaves of absence provided in this article, City officers or employees who are also members of the armed services or militia or organized reserves of this State or Nation, shall be entitled to the leaves of absence and the employment rights and privileges provided by the Military and Veterans' Code of the State of California. 1. The term "Military Service" as used herein shall signify service on active duty with any branch of service above mentioned as well as training or education under the supervision of the United States preliminary to induction into the military service. 2. The terms "active service" or "active duty" shall include the period during which such officer or employee while in military service is absent from duty on account of sickness, wounds, leave or other lawful cause. 3. No employee serving under a permanent appointment in the Classified Service shall be subjected by any person directly or indirectly by reason of his/her absence on military leave to any loss or diminution of vacation, holiday, insurance, pension, retirement or other privilege or benefit now offered or conferred by law, or be prejudiced by reason of such leave with reference to promotion, continuance in office or employment, re- appointment or re-employment. 4. When military leave is granted to an employee in the Classified Service pursuant to this section, the position held by such employee shall be filled temporarily only during the employee's absence, except in the event of the employee's death while on leave, and said employee shall be entitled to be restored to such position, or to a position of like seniority, status and pay upon, return from such leave, provided employee is still mentally and physically qualified to perform the duties of such position and provided said employee makes application for re-employment within ninety (90) days after being relieved from such military service. 5. During absence on military leave any employee in the Classified Service who has been employed continuously by the City for a period of not less than one (1) year prior to the date upon which such absence begins, shall receive his/her regular salary for a period not to exceed thirty (30) calendar days in any one fiscal year. All services of said employee in the recognized military service shall be counted as employment with the City. After 30 consecutive days of paid military leave, the City will supplement an employee's military pay for a period of 6 months. This supplemental amount will be the difference between the employee's normal pay and their military pay. In addition, the City will provide existing levels of health care benefits during the supplemental 6-month period. At the discretion of the City Council, supplemental paid military leave may be extended beyond the 6-month period. 12 NCMEAAgreement July 1, 20204— December 31Ju14e-30, 20210 150 of 392 ARTICLE 6 - FAMILY CARE AND MEDICAL LEAVE REFER TO CITY POLICY ON FAMILY AND MEDICAL LEAVE. SAID POLICY IS ON FILE IN THE OFFICE OF THE HUMAN RESOURCES DIRECTOR, AND IS INCORPORATED IN THIS MOU BY REFERENCE. 1 13 NCMEAAgreement July 1, 20204- December 31Ju14e-30, 20210 151 of 392 ARTICLE 7 - COURT LEAVE An employee who is required by court order to serve as a juror or as a witness who is not a party to a court action, shall be granted leave for such purpose upon presentation of proof of the period of said employee's required attendance to the department head and the Finance Officer. The employee shall receive full pay for the time he/she serves on court duty. Request for such leave shall be made upon the request for leave of absence forms. If juror or witness duty ends more than one hour prior to the conclusion of the work day, the employee shall report back to work or use leave time for the remainder of the work day unless other arrangements are agreed to by the supervisor. Police Services Officers, Crime Scene Specialists, Fire Inspectors and Police Dispatchers shall get a minimum of two (2) hours pay, at a rate of time and one half, for each court appearance required by their work responsibilities on regularly scheduled time off. If the employee travels directly between the court and his/her residence, then the employee shall be paid for 1/2 hour maximum. If the employee reports to the Police Station, he/she is not entitled to travel time between the station and home; he/she would be entitled, however, to compensation for parking fees and travel time between the station and the court. The City encourages the use of public transportation to avoid incurring parking fees. 14 NCMEAAgreement July 1, 20204— December 31Ju14e-30, 20210 152 of 392 ARTICLE 8 - SICK LEAVE WITH PAY The intent of this chapter is to provide a continuity of full salary to those eligible employees who are unable because of illness or injury to perform the duties of their positions who would expose fellow workers or the public to contagious disease and are thereby forced to be absent from employment, and to provide necessary time off from work for required medical and dental care, subject to administrative regulations designed to prevent malingering or abuse of these privileges. Section 1 Sick Leave Definition Sick leave is the necessary absence from duty of an employee for: A. Diagnosis, care, or treatment of the employee's existing health condition or preventive care for an employee; or B. The serious disability of the employee while on a scheduled vacation. C. The absence of an employee for authorized medical or dental care. D. Diagnosis, care, or treatment of an existing health condition of, or preventive care for an employee's family member. For the purposes of using sick leave under this policy only, "family member" shall mean an employee's parent, child, spouse, registered domestic partner, parent -in-law, sibling, grandchild or grandparent. E. The death of an immediate family member. In addition, an employee who is a victim of domestic violence, sexual assault, or stalking may use accrued paid sick leave under this policy for the following reasons: 1. To obtain or attempt to obtain any relief, including, but not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the victim or the victim's child; 2. To seek medical attention for injuries caused by domestic violence, sexual assault, or stalking; 3. To obtain services from a domestic violence shelter, program, or rape crisis center; 4. To obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking; 5. To participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation. Section 2 Sick Leave Accumulation A. Each regular full-time career or probationary employee in this bargaining unit, shall be entitled to accumulate sick leave at a rate of 3.69 hours per biweekly pay period. Earnings for partial pay periods shall be granted on a pro rata basis. Permanent part-time employees in the competitive service are entitled to accumulate sick leave at a rate consistent with the provisions of Article 3, Section 1. 15 NCMEAAgreement July 1, 20204-8— December 31Ju14e-30, 20210 153 of 392 B. Accumulated Sick Leave: Each career or probationary employee in this bargaining unit shall be eligible to accumulate sick leave up to a maximum of 400 hours, (herein called "accumulated sick leave"). Sick leave accrual will be credited on the last of each pay period up to the 400 hour maximum limitation. C. Frozen Sick Leave Balance: Employees hired on or before June 30, 1979 and who have an existing sick leave balance on June 30, 1979 were "frozen" at their June 30, 1979 sick leave balance levels on July 1, 1979. (Herein called "frozen sick leave balance"). Section 3 Sick Leave Usage A. Employees shall first utilize accumulated sick leave pursuant to Section 1 herein. Frozen sick leave balance will only be authorized for use after accumulative sick leave credits are exhausted for those employees who have a frozen sick leave balance pursuant to Section 2(C) herein. B. Upon reaching the maximum accumulated sick leave (400 hours), accrual will stop; sick leave accrual will begin after the employee's balance falls below 400 hours. Accrual will occur on the last day of the pay period in which the employee's balance falls below the 400 hour level. Said accrual will occur at the established rate as defined in Section 2(A). Section 4 Limitation on Time Chargeable to Sick Leave A. No person shall be entitled to sick leave with pay while absent from duty on account of any of the following causes: 1. Sickness sustained while on leave of absence other than his/her regular vacation. 2. No paid sick leave shall be granted in excess of the employee's sick leave credit. B. Absence that is chargeable to sick leave in accordance with this Chapter, shall be charged in the amount not smaller than fifteen (15) minutes. Section 5 Sick Leave Compensation A. In order to receive compensation while on sick leave, the employee shall notify: 1. The immediate supervisors, or; 2. The department head, or; 3. In the event of the unavailability of either, the senior department representative available. B. Notification shall be made prior to or not later than the beginning of the work day/shift in the employee's respective department. If the need for paid sick leave is unforeseeable, the employee shall provide notice of the need for the leave as soon as practicable. Compensation is contingent upon approval from the appropriate department director. C. The department head may waive the above requirements, if in his/her opinion, an emergency or other exceptional circumstance so warrants. Computation of sick leave shall not include regular days off or holidays, provided these are not in conflict with the established schedule within each department. 16 NCMEAAgreement July 1, 20204-8— December 31Ju14e-30, 20210 154 of 392 Section 6 Physician's Statement Required A. When absences for more than three (3) consecutive working days or when abuse of the sick leave benefit is suspected, the department head may require the employee to furnish a certificate or statement from a regular licensed and practicing physician, at the employee's own expense, whose license will be honored by the County Health Officer, indicating the nature and duration of the employee's incapacity or other adequate evidence if the employee was not examined by a physician. The appointing authority may require evidence of incapacity in cases of short periods of absence and may require a medical examination when an employee returns to work with indications of continuing illness or disability. B. The department head is responsible for sick leave verifications. This responsibility may be implemented by any reasonable method deemed necessary by the department head. Sick leave with pay is subject to verification of the employee's eligibility by the Finance Officer. Section 7 Separation from City Service All eligibility from sick leave with pay shall be canceled upon separation of the employee from the City service, provided that, if such separation is by lay-off, his/her accumulated eligibility shall be restored to him/her in whole if the employee is re-employed within 24 months. Section 8 Illness during Vacation Leave An employee who becomes incapacitated for work due to his/her illness or injury for more than three (3) consecutive calendar days while on paid vacation, may substitute sick leave credits for vacation, provided the employee's request for sick leave substitution is accompanied by a doctor's statement or other satisfactory evidence. Section 9 Holidays during Sick Leave Paid holidays immediately preceding, immediately following or wholly within the period for which sick leave is granted shall not be regarded as part of such period of sick leave. Section 10 Sick Leave Payment upon Retirement A. An employee hired on or before June 30, 1979, shall upon formal retirement from the City under the Public Employees' Retirement System, be paid for each day of unused sick leave or fraction thereof which has accrued to his/her credit up to and including his/her last day of work, but not to exceed 45 days or 360 hours. An employee hired on or after July 1, 1979 shall not be eligible for sick leave payment upon retirement. B. For employees hired on or before June 30, 1979 sick leave pay off upon retirement shall be the sum of: a. Frozen sick leave balance upon date of retirement. b. Accumulative sick leave balances upon retirement. However, in no event shall the payoff exceed 360 hours. 17 NCMEA Agreement July 1, 20204 - December 31June 3G, 20210 155 of 392 Section 11 Evidence of Cause of Absence In all cases of absence because of illness or death in the employee's family, the employee may be required to furnish to the appointing authority satisfactory evidence substantiating the facts justifying such leave. Failure to furnish such evidence upon request shall be sufficient reason for denying the leave of absence with pay. Section 12 Sick Leave Incentive Pay A. Employees using 36 hours of sick leave or less during the 26 complete pay periods most closely coinciding with the beginning and end of the fiscal year and having a minimum total accumulation of 160 hours, may sell for cash the excess over 160 hours of unfrozen sick leave accumulation to a maximum established according to the following schedule: Unused Sick Leave From Current Year's Accrual Annual Maximum Sell Back 96 Hours 32 Hours From 80-95 Hours 28 Hours From 60-79 Hours 22 Hours Only the hours sold back to the City shall be deducted from the employee's accrued balance of sick leave. B. Payment will be made during the month of August each year. Pay will be computed based on the employee's salary step on June 30 of the preceding fiscal year. (The Finance Department shall issue eligibility notices to qualified employees at the end of each fiscal year.) Written request must be submitted to the Finance Office within ten (10) working days of issuance of the notice. Sick leave incentive payments will be incorporated into the normal payroll. C. In lieu of sick leave incentive pay, the employee may elect to retain sick leave credits to the 400- hour maximum to supplement pay for long term disability leave, up to the maximum set in chapter 18 (3) of this MOU. D. Permanent employees who retire during the fiscal year will be compensated on a pro -rated basis subject to their formal retirement date. E. Subject to the approval of his/her department head, the employee may elect to receive additional vacation credits in lieu of all or part of the sick leave incentive pay. This election must be indicated in writing and submitted to the Finance Office with department head's signature within ten working days of issuance of the notice from Finance. This election may not be reversed at a later date. 18 NCMEAAgreement July 1, 20204— December 31Ju14e-30, 20210 156 of 392 ARTICLE 9 - TRANSFER OF LEAVE CREDITS Upon official request by an employee experiencing a catastrophic illness/injury or event, the employee's department director or the Association on behalf of the employee, the City Manager or his designee may allow individual employees the opportunity to transfer sick leave, vacation or holiday credits to another employee who has experienced a catastrophic event. All conditions for this transfer shall be in compliance with the City's Transfer of Leave (Catastrophic Leave) Policy. Sick leave donated will not be counted against sick leave incentive pay. I 19 NCMEAAgreement July 1, 20204— December 31Ju14e-30, 20210 157 of 392 ARTICLE 10 - THE COMPENSATION PLAN Section 1 Salary Advancement The Compensation Plan of the City of National City has the following characteristics: 1. Each salary range consists of five (5) steps. 2. The increase from one step to the next step on each salary range is as indicated in the salary schedule. 3. Career part-time employees represented by the unit shall be eligible for step increases at a pro- rated time interval as regular career full-time employees. Salary advancement for each employee shall not be automatic, but shall depend upon the increased value of an employee to the City, as reflected by the recommendations of the employee's supervisor and department head and all other pertinent evidence. The success of the Compensation Plan depends upon incentives which will encourage employees to put forth increasing efforts as they advance through the salary steps of the salary range. Section 2 Salary Steps The steps of the salary range shall be interpreted and applied as follows. The second, third, fourth and fifth salary steps are incentive adjustments to encourage an employee to continue to improve his/her work. There shall be a five (5) percent differential between each of the five (5) steps. 1. The first salary step is the minimum rate and will normally be the hiring rate. Appointment may be made to other than the normal entering salary step upon the recommendation of the department head and upon the approval of the City Manager, when it is decided that such action is in the best interests of the City. 2. The second salary step: Six (6) months of satisfactory service, normally, shall make an employee eligible for consideration for this salary advancement. This salary advancement shall be made only if recommended by the department head and if approved by the City Manager. 3. The third salary step: Twelve (12) months of satisfactory service at the second salary step, normally shall make an employee eligible for consideration for this salary advancement. This salary advancement shall be made only if recommended by the department head and if approved by the City Manager. 4. The fourth salary step: Twelve (12) months of satisfactory service at the third step normally shall make an employee eligible for consideration for this salary advancement. This salary advancement shall be made only if recommended by the department head and if approved by the City Manager. 5. The fifth salary step: Twelve (12) months of satisfactory service at the fourth step normally shall make an employee eligible for consideration for this salary advancement. This salary advancement shall be made only if recommended by the department head and if approved by the City Manager. 20 NCMEAAgreement July 1, 20204— December 31Ju14e-30, 20210 158 of 392 Section 2 Salary Steps (continued) All rates shown and conditions set forth herein, are in full payment for services rendered and are intended to cover full payment for the number of hours now regularly worked in each class. Employees engaged for less than full-time should be paid a proportionate part of these salaries, or by hourly rate of pay that falls within these ranges. Each promotion shall carry with it a salary increase of at least five (5) percent as long as such increase does not exceed the top step of the new classification. The provisions of this article are based upon the salary schedules adopted by the City. Section 3 Performance Reports Notwithstanding any of the other provisions of this article, no employee shall be denied a step advancement consistent with normal practice whose last performance report had an overall rating of STANDARD, ABOVE STANDARD or OUTSTANDING, if that performance report was made within the last 30 calendar days. If step is denied, a new performance report will be completed and performance will be reviewed every sixty (60) calendar days for reconsideration of the step increase. 21 NCMEAAgreement July 1, 20204— December 31Ju14e-30, 20210 159 of 392 ARTICLE 11- OVERTIME Section 1 Standard Overtime A. The smallest unit of time credited as overtime shall be one -tenth (1/10) hour. B. Overtime worked that is less than one -quarter (1/4) hour shall be rounded off to the nearest quarter hour each week. C. Overtime credit must be for work specifically suffered, ordered, requested or approved by the department head or a designated representative. Overtime compensation or compensating time shall be earned at the rate of one and one-half (1-1/2) times the eligible hours. D. Overtime compensation or compensating time shall be granted for hours exceeding forty (40) hours of time actually worked. Time worked includes all paid hours including sick leave, leaves during which Worker Compensation is paid, pre -approved vacation time, holidays, furloughs, or any other time away from the job that is paid. The normal work week varies among City employees, and shall be determined by the employees official schedule or other approved schedule documentation on file in the Human Resources Department. Work, other than normal work schedule, directed for annual special events, such as the International Fair & Parade, the Independence Day celebration, Auto Heritage Days, Chili Cook -off, City -Wide Free Trash Pickup Days, and the Street Light Inspection Program, will be compensated according to overtime rates. For those events where the City Council approves overtime, employees working those events shall receive overtime pay. E. An employee who is directed by the department director to attend commission or council meetings held after normal working hours will be compensated per the "call-back" provision. Section 2 Compensating Time Off A. Consistent with the provisions of Section 1 above, employees may be credited with compensating time off for overtime worked up to a maximum accrual of 100 hours, upon prior request of the employee and approval of the department director. B. Compensating time off credits may be accumulated up to 100 "converted hours". Exceptions to exceed this maximum may be authorized by the Human Resources Director on request by the employee and approval of the Department Director under conditions set by the Human Resources Director. C. An employee shall be allowed to use compensating time off in increments of fifteen (15) minutes or more which may be taken in conjunction with vacation credits. Time off approval and scheduling shall be subject to the provisions of Article 3 of these articles. D. Written requests to use compensatory time off shall be treated in the same manner as requests to use vacation. An employee will not be required to take compensatory time earned at straight time hour nor will an employee be required to take compensatory time within the same pay period as earned. E. Once each fiscal year, an employee may by written request cash out up to eighty (80) banked compensatory time hours. 22 NCMEAAgreement July 1, 20204-8- December 31Ju14e-30, 20210 160 of 392 Section 3 On -Call Status A. Employees may be assigned to on -call status for possible work and will be required to be available after working hours where the employee can be reached by telephone or pager and can respond within 30 minutes. Individuals assigned to "on -call" have the responsibility of obtaining qualified relief in the event they cannot be called back. The relief must have the pre -approval of appropriate supervisor. B. The following procedures shall apply to on -call status: 1. Personnel going on vacation, floating holiday or any other absence from work of their own request during scheduled on -call will be responsible for providing their own qualified relief. 2. Personnel incapacitated for scheduled on -call by sickness or other absence not within their control will not be required to provide their own relief, if notice is given to the department. 3. If an employee is accepting on -call pay and does not respond to a call-back, that employee shall forfeit that day's on -call pay and may be subject to disciplinary action, unless that failure to respond was for reasons beyond the control of that employee as determined by the department director. 4. Employees will be assigned to on -call status, first on a volunteer basis and thereafter assigned by reverse seniority. On -Call Status will not exceed seven (7) days in any thirty day period and will be rotated among qualified personnel, unless otherwise agreed to by the employee and the Department Head. In the event of personnel shortages, the City may assign an employee(s) to on -call status based on reverse seniority among qualified employees. 5. The on -call work week will be determined by the appropriate department head. 6. When any class is scheduled for on -call work the City shall provide pagers at the beginning of the on -call assignment. C. On -Call Pay 1. For a normal work day shift, pay shall be the dollar equivalent to one and a half (1-1/2) hours at current hourly rate per each day of on -call status. 2. For a normal weekend shift (Saturday and Sunday), pay shall be the dollar equivalent to two (2) hours at current hourly rate per each day of on -call status. 3. For a fixed holiday on which the Civic Center is closed, pay shall be the dollar equivalent to two and a half (2-1/2) hours at current hourly rate per each day of on -call status. Section 4 Call -Back The City may direct a field response by an employee during other than normal working hours for emergency purposes which shall constitute a "call-back", and paid at the rate of one and one-half (1-1/2) times the number of hours worked, with two (2) hours being the minimum for any call-back that requires return to the work site. Call-back time earned shall not be counted as actual time worked for overtime purposes. 23 NCMEAAgreement July 1, 20204— December 31Ju14e-30, 20210 161 of 392 ARTICLE 12 - EDUCATION EXPENSES REIMBURSEMENT AND EMPLOYEE LOUNGE UPGRADE Section 1 The City shall provide $16,000 for MEA to fund the Education Expenses Reimbursement Plan, which is available to employees on paid status or the Association as a group who wish to improve their work performance through furthering their education. The plan provides up to $1,200 per employee, per fiscal year until this fund is exhausted and is available to all employees who meet the following criteria: 1. Successful completion of probation. 2. A proposed course of instruction or training is related to the employee's employment with the City. The department director has the final authority in determining whether a course or training has job related value. Request must be submitted in writing on appropriate City form prior to taking the course of instruction or training. 3. The reimbursement may be used to cover the required costs, such as tuition, registration, books, and up to $50 of other materials or supplies considered necessary by the Department Director. In order to be eligible for reimbursement for the full cost of books, the books used in a formal course of education upon completion of the course must be turned over to the employee's department for access by all employees. If the employee wishes to keep books purchased as part of the class requirement, the employee shall only receive one half (1/2) of the purchase price. 4. The course must be passed with a grade "C" or better. If taken on pass/fail or completion basis, employee must complete or pass course(s) taken. 5. The employee must show written documentation of the expenditures being claimed for reimbursement. 6. Reimbursement may be requested for fee -based educational programs to be attended on employee's own time for professional self -development. Reimbursement under this plan will be made upon completion of the courseware as per part 2 above. Section 2 Reimbursement of Expenses in Maintaining Required Licenses and Permits In addition to the funds provided for educational reimbursement, the City shall provide monies to reimburse employees for the actual cost of the certificate or license expenses and any required medical examinations when such certificate or license is required by the City or law in the performance of their duties of their current positions. Claims shall be submitted in writing with proof of costs to the Personnel Department for approval and payment. Class "C" Driver's License expense is not a reimbursable expense. Section 3 Enhancement to Employee Lounge City agrees to allocate $25,000, in total, toward the refurbishment of the kitchen/employee lounge area at City Hall and the Public Works yard. A Steering Committee, comprised of City managers and MEA employees, will oversee the project and its completion. 24 NCMEAAgreement July 1, 20204— December 31Ju14e-30, 20210 162 of 392 ARTICLE 13 - SERVICE RECOGNITION PAY Section 1 In addition to other compensation paid for the services of employees, service recognition pay shall be paid to employees hired before July 1, 1991 of the City on the following basis: A. After five (5) years of continuous and uninterrupted service the sum of $10.00 per month; B. After ten (10) years of continuous and uninterrupted service the sum of $15.00 per month; C. After fifteen (15) years of continuous and uninterrupted service the sum of $20.00 per month; D. After twenty (20) years of continuous and uninterrupted service the sum of $25.00 per month; E. After twenty-five (25) years of continuous and uninterrupted service a sum of $30.00 per month, which shall be the maximum payable. Vacation, sick leave, workers' compensation leaves, comp time, suspensions with pay, floating holidays and other approved City paid leaves of absence shall be continuous and uninterrupted time. All unpaid suspensions and approved leaves of 30 days or less shall be continuous and uninterrupted time; those of more than 30 days shall be continuous employment, but interrupted. In the event an employee ceases to be employed by the City of National City for a reason other than military service or lay-off, all rights to longevity pay shall be forfeited and expired, and if said employee is subsequently re-employed by the City, said employee shall not be entitled to any service recognition pay by reason of any prior employment. 25 NCMEAAgreement July 1, 20204- December 31Ju14e-30, 20210 163 of 392 ARTICLE 14 - HEALTH AND DENTAL INSURANCE Section 1 Insurance Program Coverage As a benefit to career full-time employees and, on a pro -rated basis, career part-time employees working 20 hours/week or more in this bargaining unit, the City will provide a combined group insurance program of health and dental coverage. The benefits and limitations of the program are to be designed cooperatively by the Employees' Association, City and program provider. The Employees' Association and City agree to select and implement health insurance programs, which best serve the needs of the employees. The City and Employees Association agree during the term of this 2020-21 MOU to discuss any Employee's Association's concerns with the costs of health care for Employees Association employees. Section 2 City Contribution The City will offer medical and dental benefits to eligible employees. Employees who enroll shall receive a City contribution toward the cost of health and dental coverage as follows: CITY'S CONTRIBUTION IF DON'T ELECT KAISER HIGH DEDUCTIBLE HEALTH PLAN (Kaiser HDHP): Employee Only Employee +1 Employee +2 or more $527.41/month $876.54/month $1,227.43/month CITY'S CONTRIBUTION IF ELECT THE KAISER HIGH DEDUCTIBLE HEALTH PLAN (Kaiser HDHP) Employee Only Employee +1 Employee +2 or more $457.56/month $736.80/month $1,029.81 /month Effective the first full pay period following City Council approval of this MOU, the City will contribute toward the cost of employee health care at the current contribution level plus $50 per month. Each plan year thereafter, the City's contribution will equal the previous year's contribution level plus fifty percent (50%) of the premium increase for the lowest cost health and dental plans. A. City contribution will discontinue when employee goes on unpaid status for more than 45 calendar days, except as otherwise specified in this agreement or by law. Employees in this status may continue coverage at their own expense. B. If the cost of providing this benefit for employees and their dependents exceeds the established City contribution, the employee must pay the excess amount. Section 3 Money In Lieu of Coverage An employee may elect employee only coverage in health and receive the remaining amount of the City's contribution as cash -in -lieu. 26 NCMEAAgreement July 1, 20204- December 31Ju14e-30, 20210 164 of 392 Section 3 Money In Lieu of Coverage (continued) Provided that an employee shows proof of coverage under a non -City sponsored health plan, the employee, during the annual open enrollment, may elect not to participate in a City sponsored health plan and receive $125/month maximum in lieu of coverage. Effective the first full pay period following City Council approval of this MOU, the amount of maximum in lieu of coverage shall increase to $175 per month. Any actual savings realized by City during the previous calendar year from MEA employees opting out of City coverage will be calculated in January of each year and re -distributed equally to all MEA employees in the form of an increase of City contribution for health coverage. Section 4 Insurance Broker The City agrees to assign Willis Towers Watson as the City's Broker of record to review, recommend and generally assist in the administration of the benefits program. Section 5 Retiree Health Benefit A. Employees covered by this MOU, who retire from the City of National City after July 1, 2002 and before July 1, 2014, and who retire with at least 20 full years of service under the Ca1PERS Retirement System shall receive $5/month for each year of PERS Service with the City as the City's contribution towards their medical insurance premium. This contribution shall continue until the retiree qualifies for Medicare. B. Effective July 1, 2014, employees covered by this MOU must retire from the City of National City and have 20 full years of pensionable service credit with the City of National City to receive $10/month for each year of pensionable service with the City as the City's contribution towards their medical premium. Effective for persons retiring after this 2018-2020 MOU is approved by the City Council, employees covered by this MOU must retire from the City of National City and have 20 full years of pensionable service credit with the City of National City to receive $20/month for each year of pensionable service with the City as the City's contribution towards their medical premium. This contribution does not entitle the retiree to any particular insurance or to any particular rate. A qualifying retiree may receive these contributions even if not enrolled in a City health plan, so long as the retiree annually provides the City with written proof (e.g. copy of health insurance invoice and payment) that the retiree is using the contributions to pay for health premiums and understands that the retiree is solely responsible for any taxes that might be due as a result of the City's contribution. Retirees eligible for this benefit are responsible for paying the health insurance premium and the City will forward this benefit amount on a monthly basis directly to the retiree. This benefit will be canceled upon non-payment of premium or otherwise becoming ineligible. The retiree is also responsible for notification to the City of address change and health coverage from another source. Section 6 Health Care The City and SEIU are open to the concept of joint discussions for the purposes of identifying a comprehensive solution that is beneficial to the City and SEIU represented employees without harming other City of National City employee groups. 27 NCMEA Agreement July 1, 20204 - December 31June 3G, 20210 165 of 392 ARTICLE 15 - HEALTH & SAFETY RELATED PROGRAMS Section 1 Smoking Policy The Municipal Employees' Association agrees to City No Smoking Policy at the workplace. Section 2 Continuation of Coverage's The City agrees to continue its contributions toward health, dental and life insurance coverage for employees who are receiving workers' compensation benefits from the City for a period not to exceed twelve (12) months. Section 3 Premium Payment Program (I.R.S. 125 Plan) The City agrees to implement a 125 reimbursement plan to allow pre-tax dollars to be utilized in the payment of employee's portion of medical, dental and insurance premiums, medical expenses and dependent care expenses. The City shall arrange for a plan administrator for dependent care provision of the City's 125 Plan, provided all costs are paid by the employees who participate. Section 4 Employee Assistance Program The City shall make available a voluntary Employee Assistance Program (EAP) for psychological assessment, counseling and referral to all employees represented by the Municipal Employees' Association at no cost to the employees, except for referrals out of the basic program. Employees using this program may do so on their own time. Section 5 Hazardous Materials The City will provide containment and disposable devices on City vehicles where there is exposure to materials, especially needles that may be harmful. 28 NCMEAAgreement July 1, 20204- December 31Ju14e-30, 20210 166 of 392 ARTICLE 16 - EMPLOYEE LIFE INSURANCE As a benefit to full-time employees in this bargaining unit, the City will provide a group life insurance program. The benefits and limitations of the program are to be designed cooperatively by the Employees' Association and insurance carrier. The City will provide up to $25,000 Term Life Insurance with Accidental Death and Dismemberment coverage for each employee at no cost to employee. An amount will be paid by the City for each permanent part-time employee in the competitive service that is proportional to the permanent time base of his/her appointment (e.g., a half-time employee will receive half the amount of a full-time employee). The parties agree to meet and consult within a reasonable period of time before the completion of the current contract between the City and its insurance carrier that provides for Term Life Insurance with Accidental Death and Dismemberment with the purpose of increasing the death benefit amount for employees at no additional cost to the City. The City will attempt to complete this task by soliciting quotes from insurance providers. I 29 NCMEAAgreement July 1, 20204— December 31Ju14e-30, 20210 167 of 392 ARTICLE 17 - SHORT TERM/LONG TERM DISABILITY INSURANCE All employees shall continue to participate in the City sponsored Disability Insurance program (STD/LTD) through payroll deduction. Section 1 Cost and Benefits Total costs of the program are paid by all employees in the bargaining unit through payroll deductions at the rates set by the established plan. Participation, costs and benefits of the program are subject to the regulations and requirements of the Plan. Section 2 Continuation of Insurance Benefits During the period that an employee is receiving benefits from the (STD/LTD) Plan, the City shall continue to pay its share of the Insurance Premiums for Health and Life Insurances with no cash -in -lieu for a period of up to twelve (12) months or until such time as the disability is considered permanent. Section 3 Income Supplement Employee receiving STD/LTD benefit may use sick leave, vacation, and other leave accruals to supplement income to an amount no greater than the employee's regular gross monthly pay. 30 NCMEAAgreement July 1, 20204— December 31Ju14e-30, 20210 168 of 392 ARTICLE 18 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM Consistent with the Government Code of the State of California, employees are local miscellaneous members of the Public Employees' Retirement System and are entitled to optional benefits as indicated in all amendments to the contract between the Board of Administration of PERS and the City Council regarding miscellaneous employees. The retirement formula for miscellaneous members shall be as follows: 1. Employees hired on or before March 21, 2011 (Tier I): a. Shall pay 8% of reportable compensation to PERS through payroll withholding on a pre- tax basis effective July 1, 2011. Effective retroactive to the first full pay period in July 2018, for persons employed on the date the Council approves this 2018-2020 MOU, employees in Tier I shall contribute 1.0% additional to their pension for a total of 9.0%, 8.0% to the employee contribution rate and 1.0% to the employer contribution rate. Effective the first full pay period in July 2019, employees in Tier I shall contribute a further 1.0% to their pension for a total of 10.0%, 8.0% to the employee contribution rate and 2.0% to the employer contribution rate. b. The retirement formula will include 3% at 60 years of age and the "Single Highest Year" provision. 2. Employees hired on or after March 22, 2011 but before January 1, 2013 (Tier II): a. Shall pay 7% of reportable compensation to PERS through payroll withholding on a pre- tax basis effective July 1, 2011. Effective retroactive to the first full pay period in July 2018, for persons employed on the date the Council approves this 2018-2020 MOU, employees in Tier II shall contribute 1.0% additional to their pension for a total of 8.0%, 7.0% to the employee contribution rate and 1.0% to the employer contribution rate. Effective the first full pay period in July 2019, employees in Tier I shall contribute a further 1.0% to their pension for a total of 9.0%, 7.0% to the employee contribution rate and 2.0% to the employer contribution rate. b. The retirement formula will include 2% at 60 years of age and the "Single Highest Year" provision. 3. Employees hired on or after January 1, 2013: A. New members to the public retirement system as defined by Government Code Section 7522.10(f)(1)(2)(3) (Tier III): a. Shall pay 50% of the normal cost of defined retirement benefit contribution as determined by Ca1PERS according to the most recently completed valuation period. Effective retroactive to the first full pay period in July 2018, for persons employed on the date the Council approves this 2018-2020 MOU, Tier III employees shall contribute 1.0% in excess of the 50% of the normal cost statutory percentage determined by Ca1PERS. Effective the first full pay period in July 2019, Tier III employees shall contribute 2.0% in excess of the 50% of the normal cost statutory percentage determined by Ca1PERS. b. The retirement formula will include 2% at 62 years of age and the "Three Year Averaging" provision. 31 NCMEA Agreement July 1, 20204-8 — December 31June 3G, 20210 169 of 392 B. Classic members as defined by the Public Employees Retirement Law shall be placed in the retirement formula and pay the same reportable compensation to PERS as those employees hired on or after March 22, 2011 (Tier II). 4. The formula for determining the average monthly pay rate when calculating retirement benefits shall be reduced from the "Single Highest Year" provision to "Three Year Averaging" as soon as permitted by PERS. The City agrees to request an actuarial analysis from Ca1PERS for the purpose of determining difference in the cost to the City for employee paid employee contributions and employee paid employee employer contributions. After receipt of the analysis, the City and MEA agree to reopen discussions on this single issue. I 32 NCMEAAgreement July 1, 20204— December 31Ju14e-30, 20210 170 of 392 ARTICLE 19 - PROVISIONS OF LAW This MOU is subject to all future and current applicable Federal or State laws and regulations. If any part of the provisions of this MOU is in conflict with such applicable provisions of Federal or State laws or regulations, or is otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part of provision shall be suspended and superseded by such applicable law or regulations, and the remainder of the MOU shall not be affected and the NCMEA shall have the right upon request to meet and confer concerning the practical effect of such conflicts on wages, hours or terms and conditions of employment. 33 NCMEA Agreement July 1, 20204— December 31Ju14e-30, 20210 171 of 392 ARTICLE 20 - EMPLOYEE AND ASSOCIATION RIGHTS Section 1 Employee Rights Each individual employee shall have the following rights which he/she may exercise in accordance with law, the National City Civil Service Rules and applicable laws, ordinances, rules and regulations: A. The right to form, join and participate in the activities of employee organizations of his/her own choosing for the purpose of representation on matters of his/her employee relations with the City, or to refuse to join or participate in the activities of any employee organization. B. The right to pay dues to such employee's organization through regular payroll deduction. C. The right to be free from interference, intimidation, restraint, coercion, discrimination or reprisal on the part of his/her department head, his/her supervisor, other employees or employee organizations, with respect to membership or non -membership in any employee organization or with respect to any lawful activity associated therewith which is within the scope of representation. D. The right to represent himself/herself individually in his/her employee relations with the City. Whenever a City employee desires to represent himself/herself in consulting with City management during his/her regular hours of work, he/she shall first request and obtain from his/her department head permission to take time off to do so. E. The right to confidentiality of personal information including information provided on the employee's paycheck. It shall be the responsibility of each department to ensure that this right is protected. Section 2 Association Rights A. The right for the MEA to use City facilities to hold official scheduled meetings. B. The right to designate authorized representative who shall have access to work locations and employees subject to department head approval, when such access does not unduly interfere with departmental operations and is in the course of grievance resolution. C. The right to post information concerning elections, benefits, notices, reports, programs and promotions. D. The right to notice by the City of new employees in this unit. E. The Personnel Office shall distribute informational materials provided by the Association to new employees during the in -processing orientation. 34 NCMEAAgreement July 1, 20204— December 31Ju14e-30, 20210 172 of 392 Section 2 Association Rights (continued) F. The Association may designate one steward from City Hall, one steward from Public Works, one steward from Community Services, one steward from the Library, one steward from Fire, one steward from the Parks Division, one steward from Building & Safety, and one steward from the Police to represent employees from their respective areas in meeting with management on appeals of discipline and formal grievances. The appropriate steward shall request in writing and shall be allowed reasonable time off during duty hours for this purpose, provided the time requested does not substantially impact departmental operations. In the event the steward cannot be released as requested, the supervisor shall provide an alternate time within the next forty-eight (48) hours. Stewards shall be designated in advance by written notice from the MEA to the Human Resources Director and the Steward's Department Director. G. The Association shall be allowed the use of the City's intranet for the purposes of Union Communications. As the City Manager's Designee, the Human Resources Director will provide final review and approval of all related content/information. H. The Association shall be entitled to hold four (4) one -hour meetings annually. Section 3 Labor Management Committee The City and the Association agree to establish a Labor Management Committee. The purpose of the Committee is to discuss issues relating to this agreement, and other issues of quality of work life. The Committee shall have no authority to change, modify, alter or amend this agreement. The Committee shall be composed of the president of the Association or his/her designee, a designated representative, and one other member. In addition, the City shall appoint the Director of Human Resources or his/her designee and one other management employee. Meetings shall be held when mutually agreed upon and at times that are mutually acceptable to both parties. The party desiring to meet shall request the meeting at least fifteen (15) days prior and shall submit an agenda of items to be discussed. It is the intent of the parties to foster a cooperative atmosphere and harmonious working relations. Therefore, the parties agree to only issue joint statements, when necessary, on the results of the Committee. The City and the Union agree to refer the Union proposal regarding reclassifications/salary adjustments to the Labor Management committee for resolution. Section 4 Time Off to Vote in Statewide Election The City will comply with California Elections Code sections 14000 regarding employees' right to paid time off from work to vote in a State-wide election. 35 NCMEAAgreement July 1, 20204-8— December 31Ju14e-30, 20210 173 of 392 ARTICLE 21- WAGE AND SALARY SCHEDULE Section 1 Classification and Base Wage Ranges There will be no wage increase during the term of this 7/20 — 12/21 MOU; however, employees employed on the date the City Council approves this 7/20 — 12/21 MOU shall receive a 1-time non-PERSable $2,000 stipend. Effective retroactive to the first full pay period in July 2018, for persons employed on the date the City Council approves this MOU, the City will increase employees' salary by 3.0%. Effective the o CLASSIFICATION TITLE RANCE Abandoned Vehicle Abatement Officer 83 Academic Enrichment Programs Coordinator 124 Accountant 121 Accountant Trainee 103 Accounting Assistant 83 Administrative Secretary 92 Alarm Program Coordinator 63 Animal Regulations Officer 98 Assistant Engineer -Civil 146 Assistant Planner 124 Assistant Tree Trimmer 89 Associate Engineer -Civil 159 Associate Planner 135 Building Inspector 128 Building Inspector/Plan Checker 138 Building Trades Specialist 105 Buyer 99 Carpenter 102 Civil Engineering Technician 114 Code Conformance Officer I 113 Code Conformance Officer II 123 Community Development Specialist I 124 Community Development Specialist II 135 Community Services Officer 80 Construction Inspector 123 Crime Analyst 125 Crime Scene Specialist 112 Custodian 59 Electrician 108 Equipment Mechanic 110 36 NCMEA Agreement July 1, 20204 — December 31Ju14e-30, 20210 174 of 392 CLASSIFICATION TITLE RANGE Equipment Operator 101 Executive Chef 84 Executive Secretary 108 Fire Inspector 128 Graffiti Removal Assistant 82 Graffiti Removal Technician 101 Home Delivered Meals Coordinator 60 Home Delivered Meals Driver 47 Housing Assistant 89 Housing Inspector I 116 Housing Inspector II 126 Housing Specialist 122 Junior Engineer -Civil 129 Lead Equipment Mechanic 120 Lead Hazard Control Program Case Manager 110 Lead Hazard Control Program Coordinator 120 Lead Housing Inspector 115 Lead Risk Inspector/Assessor 115 Lead Sampling Technician 86 Lead Tree Trimmer 100 Librarian 124 Librarian (Literacy Serviccs) 124 Library Assistant 63 Library Technician 93 Maintenance Worker 82 Management Analyst Trainee 108 Neighborhood Council Specialist 101 Office Assistant 56 Park Caretaker 80 Park Supervisor 116 Parking Regulations Officer 85 Parks Equipment Operator 101 Permit Technician 92 Planning Technician 104 Plans Examiner 144 Plumber 102 Police Dispatcher 119 Police Dispatch Supervisor 145 CLASSIFICATION TITLE RANGE 37 NCMEA Agreement July 1, 20204 — December 31June 3G, 20210 175 of 392 Police Investigative Aide 105 Police Investigator (Non -sworn) 128 Police Operations Assistant 93 Police Records Clerk 69 Police Records Supervisor 123 Property Agent 136 Property & Evidence Specialist I 92 Property & Evidence Specialist II 112 Property & Evidence Unit Supervisor 123 Purchasing Clerk 83 Recreation Center Supervisor 100 Recreation Supervisor 112 Senior Accounting Assistant 99 Senior Building Inspector 138 Senior Civil Engineering Technician 125123 Senior Code Conformance Officer 133 Senior Construction Inspector 138 Senior Equipment Operator 113 Senior Housing Specialist 132 Senior Librarian 134 Senior Library Technician 99 Senior Office Assistant 69 Senior Park Caretaker 88 Senior Police Dispatcher 140 Senior Traffic Painter 101 Sous Chef 66 Street Sweeper Operator 101 Stop Grant Office Coordinator 92 Storm Water Compliance Inspector 125 Supervising Custodian 71 Traffic Painter 89 Training Coordinator 77 Tree Trimmer 94 Wastewater Crew Chief 110 38 NCMEAAgreement July 1, 20204— December 31Ju14e-30, 20210 176 of 392 ARTICLE 22 - UNIFORMS Section 1 The City will pay the yearly cost for uniforms and cleaning for those employees required to wear uniforms as follows: 1. Public Works Employees: Public Works employees assigned to conduct City related work in the field or custodial work in City facilities shall receive five (5) changes of shirts and pants/shorts per week. 2. Nutrition Center: Five (5) changes of shirts and pants/shorts per week. 3. Police Department positions designated by the Chief of Police: Five (5) sets of required clothing at hire with necessary replacements during ensuing years, and a cleaning allowance of $10 per week. The City will also provide reimbursement for required leather accessories to a maximum of $100 every four (4) years. 4. Fire Department: $650/year allowance will be provided to Fire Inspectors. 5. If employees are required by City Management to wear safety shoes or other specified footgear, the City will provide it. If an employee wishes to have a pair of boots which costs more than the boots being provided by the City, the employee may pay the difference, provided the boots meet safety precautions of the City. The City and MEA/SEIU agrees to form a committee to discuss, evaluate, and make recommendations in good faith regarding the list of City provided safety equipment, including safety shoes/footgear, safety glasses, and any other City provided safety items. All employees of these departments who are provided uniforms must wear the uniform as provided by the City. With prior approval from the Department Director, uniforms may include, T-shirts with City and/or Department logo identification. Uniform style and fabric (i.e., cotton vs. polyester, etc.) shall be mutually agreed to between the City and MEA. Upon the written approval of the Department Head, employees shall have the option to wear uniform shorts unless proven to be unsafe for the work being performed. 39 NCMEAAgreement July 1, 20204— December 31Ju14e-30, 20210 177 of 392 ARTICLE 23 - EQUIPMENT ALLOWANCE Section 1 Tool Replacement Allowance This article applies only to Equipment Mechanics, who are required to provide their own tools on the job as a condition of employment. Essential required tools and tool boxes will be replaced by the City in kind if they are lost due to fire, burglary or robbery of the City facility or some other catastrophe or accident not due to the employee's fault or negligence. An inventory of all employees' tools will be taken by the Public Works Director or his/her designee at least once a year to ensure that the employee has all essential tools on hand. A tool replacement allowance of $30 per pay period will be paid to the above positions to maintain the essential tools inventory. Failure to maintain the essential tools inventory shall result on loss of tool replacement allowance until such inventory is satisfied. The parties agree to reopen negotiations on the tool allowance. The scope of negotiations will include review of the appropriate tools needed for the impacted classifications, the list of required tools, the amount of the tool allowance, and the method of reimbursement for the tool allowance. Section 2 Safety Glasses and Goggles Any safety glasses or protective goggles required by the City employees shall be provided at no cost to the employee. Such requirement shall be determined by the department head or the Risk Manager. 40 NCMEAAgreement July 1, 20204— December 31Ju14e-30, 20210 178 of 392 ARTICLE 24 - WORK DAY, WORK WEEK, PAY PERIOD AND PAY DAY Section 1 Workday The workday shall normally be eight (8) hours to ten (10) hours in length and the normally scheduled workweek is 40 hours. On request by the employee, the scheduled hours of the workweek may be modified by the department director on an individual basis subject to approval by the City Manager only to the extent that City offices maintain current availability to the public and that the modification does not create overtime pay in any given workweek. In making the determination on the acceptability of modification, the department director will consider the effect of the modification on the department's ability to deliver services efficiently and on a timely basis. Approval of any individual request shall not entitle any other employee of the same modification, and the department director may withdraw approval if the modification creates a hardship for the department. Call-back and on -call time are excluded from the computation of the hours paid for the purposes of overtime. All work days exceeding five (5) hours length shall include at least a 30-minute period for lunch break without pay with the exception of Police Dispatchers. A maximum of fifteen (15) minutes paid time for rest shall be provided for each four (4) consecutive hours work and may be taken as assigned by the employee's supervisor. Police Dispatchers shall work four (4) ten (10) hour days per week, including two (2) 17.5 minute rest periods, and one-half (1/2) hour paid lunch break. 1) Every effort will be made to have Police Dispatchers receive their paid meal breaks (30 minute break) as circumstances permit but there is no guarantee. Employees are subject to call back from breaks during emergencies and/or when the volume of activity requires such staffing. 2) Employees shall not combine two or more rest periods into one rest period, except as approved by the unit's sworn supervisor or Chief of Police during non -routine and/or unexpected circumstances. 3) Employees shall not save rest / meal periods to justify shortened work days. Starting and stopping work times are designated by the department director for the scheduled work day. Employees will be notified of their work hours. When there is a change of work hours of over one (1) hour for more than five (5) consecutive working days, the employee will receive a ten (10) working day notice before such change is made, unless mutually agreed to by the employee and the supervisor. The department director retains the right to make immediate changes to resolve unforeseen problems, and will provide at least three (3) day notice in such instance, and pay the first two (2) days worked of the change at the overtime rate. 41 NCMEAAgreement July 1, 20204— December 31Ju14e-30, 20210 179 of 392 Section 2 Workweek The workweek shall consist of seven (7) consecutive calendar days beginning on Tuesday at 7:00 a.m. with at least two (2) consecutive days off. Section 3 Pay Period Pay period shall consist of fourteen (14) calendar days commencing 07/01/86. Section 4 Pay Day Except in the case of unusual and compelling circumstances or an extreme emergency, pay day shall be every other Wednesday. If Wednesday is a fixed holiday, it shall be the previous work day. Section 5 Alternate Work Schedules The City and Association agree to implement a 4/10 work schedule. The target turn -on date will be mid - late February, 2006. The City Manager has the ability to discontinue the 4/10 schedule with thirty days' notice and will meet and confer should such discontinuation be deemed necessary. The City Manager has sole discretion to exempt any position or group of positions from 4/10 in order to fulfill delivery of City services. The City and MEA will work jointly on the development of an optional flexible workweek schedule program (including a 4/10 option) for Library Department employees. If agreement is reached by the City and MEA, the terms of the flexible workweek schedule program will be incorporated by side letter. The City and Association agree to incorporate the 9/80 side letter, with the provision that should a 4/10 schedule be unsuccessful the City will revert to the former 9/80 work schedule. 42 NCMEAAgreement July 1, 20204-8— December 31Ju14e-30, 20210 180 of 392 ARTICLE 25 - PAY DIFFERENTIALS Section 1 Bilingual Pay Current employees in designated positions who have successfully completed a Bilingual Performance Evaluation administered by the Human Resources Department or provided other evidence acceptable to the Human Resources Department of their competence, who are regularly required to use their bilingual skills in Spanish, Tagalog or any other second language approved by the Human Resources Director, shall receive a Bilingual pay differential of $50 per pay period. This differential would be subject to termination, if due to change in assignment or position, the skill is no longer required by the City. Each Department Director shall recommend the position to receive bilingual pay in writing to the Human Resources Director for approval. Positions receiving bilingual pay shall be reviewed annually by the Human Resources Director and an MEA Representative. Section 2 Acting Assignment Pay Effective the first full pay period in October 2018, for acting assignments where the first day of the acting assignment is on or after October 9, 2018, when an employee is officially assigned to perform the full range of duties of a higher paid classification for a period exceeding forty (40) consecutive hours, such employee shall be compensated with a minimum of five (5) percent above the employee's current base hourly rate starting with the first hour of the assignment. Beginning with the first full pay period after six (6) consecutive months in the acting assignment, the employee shall be compensated with a minimum of ten (10) percent of the employee's base rate. The duration of acting pay assignments shall not exceed one (1) calendar year. Section 3 Sign Language Pay Employees possessing sign language skills may register with the Human Resources Department and be called to use those skills on an on -call basis. Employees who are called shall be paid $20 per occurrence while on City time and $30 per occurrence when not on City time. Section 4 Shift Differential Employees shall receive a shift differential of 2.0% of base pay for all hours of their regular shift if$50 per pay period in which the majority of their regularly scheduled shift is betweenafter 10:00 p.m. and before 6:00 a.m. the next day. Section 5 Trainer Assignment Pay for Dispatchers Dispatchers in the Police Department shall receive Trainer Assignment Pay equal to three percent (3%) of base salary when assigned as a trainer for other dispatchers and the training is anticipated to last at least one month. This pay differential will be determined on a daily basis and will not apply to days when the trainer is absent from work or otherwise not engaged in performing the training function. 43 NCMEAAgreement July 1, 20204-8— December 31Ju14e-30, 20210 181 of 392 ARTICLE 26 - GRIEVANCE PROCEDURE Section 1 Purpose The purposes and objectives of the grievance procedure are to: A. assure just treatment of all employees and promote harmonious relations among employees, supervisors and management; B. encourage the settlement of disagreements informally at the employee -supervisor level and provide an orderly procedure to handle grievances through the several supervisory levels where necessary; and C. resolve grievances as quickly as possible and correct, if possible, the causes of grievances thereby reducing the number of grievances and future similar complaints. Section 2 Reviewable and Non -Reviewable Grievances To be reviewable under the procedure, a grievance must: A. concern matters or incidents that have occurred directly to the grievant and grievance is presented to immediate supervisor within thirty (30) calendar days; and B. result from an act or omission by management in violation of this MOU, other official City policies, rules and regulations or Council resolutions relating to employer -employee relations; and C. arise out of a specific situation, act or acts complained of as being violated which resulted in inequity or damage to the employee; and D. specify the provision allegedly violated and the relief sought. A grievance is not reviewable under this procedure if it is a matter which: A. is reviewable under, or is subject to some other administrative procedure and/or Personnel rules and regulations of the City, such as: 1. applications for changes in title, job classification, or salary; 2. appeals arising from termination of employment during probationary period. B. would require a change in prevailing ordinances, resolutions, or contracts or to circumvent existing avenues of relief where appeal procedures have been prescribed; C. would require the "meet and confer" process for desired change. 44 NCMEAAgreement July 1, 20204— December 31Ju14e-30, 20210 182 of 392 Section 3 Determination of Reviewability Once a formal written grievance is received by the Department Director, it shall be reviewed by the Human Resources Director as to whether it is a grievable issue. Such determination shall be final unless the Association is not in agreement, then the final determination shall be made by the City Attorney. Section 4 Consolidation of Grievances If the grievance involves a group of employees or if a number of employees file separate grievances on the same matter, the grievance shall, whenever possible, be handled as a single grievance. A. Settlement. Any grievance shall be considered settled at the completion of any step if all parties are satisfied or if the grievant party fails to present the matter to a higher authority within the prescribed period of time. No settlement to any grievance shall be considered precedential or bind the Association to any interpretation of this agreement, rules, regulations or policies of the City or Department without the Association's express written consent. B. Reprisal. The grievance procedure is intended to assure a grieving employee the right to present a grievance without fear of disciplinary action or reprisal by the grievant's supervisor, superior or department head, provided the employee observes the provisions of this grievance procedure. Section 5 Grievance Procedure The following procedure shall be followed by a grievant submitting a grievance: 1. Step One: Discussion with Supervisor. The grievant shall orally present the grievance to the employee's supervisor within thirty (30) calendar days after the grievant knows or reasonably should have known the event or events on which the grievance is based. Within fifteen (15) calendar days, the supervisor shall give a decision to the grievant orally. Any agreement between the grievant and the supervisor shall be subject to the approval of the Department Director before it shall be deemed to "settle" the grievance. 2. Step Two: Written Grievance to Department Director. If the grievant and supervisor cannot reach an agreement as to a solution of the grievance or the grievant has not received a decision within fifteen (15) calendar day limit, the grievant may within fifteen (15) calendar days present the grievance in writing to the Department Director. The Director shall hear the grievance and give written decision to the grievant within fifteen (15) calendar days after receiving the grievance. 3. Step Three: Grievance to City Manager. If the grievant and the Department Director cannot reach an agreement as to the solution of the grievance or the grievant has not received a decision from the Director within the fifteen (15) calendar day limit, the grievant may within fifteen (15) calendar days present the grievance in writing to the City Manager. The City Manager shall hear the grievance and give a written decision to the grievant within fifteen (15) calendar days after receiving the grievance. The City Manager may designate another executive employee or a non - employee of his choosing to act on his behalf. 45 NCMEAAgreement July 1, 20204- December 31Ju14e-30, 20210 183 of 392 Section 5 Grievance Procedure (continued) At the hearing before the City Manager or his/her designee, the grievant may be represented by an Association representative, or an attorney, and may produce on their behalf, relevant oral or documentary evidence. Witnesses may be permitted. The hearing need not be conducted according to the technical rules relating to evidence and witness. The parties may submit opening briefs to the City Manager (or designee) at the commencement of the hearing. Unless otherwise agreed to by the parties, closing briefs will not be permitted. The parties have the right to present a closing argument to the City Manager (or designee) after both parties rest their case. A record of the proceedings shall be maintained, with transcripts to be made available at cost to the grievant. The City Manager (or designee) shall thereafter make written findings of fact and a disposition of the grievance. The decision of the City Manager (or designee) shall be final. Section 6 Special Provisions of the Grievance Procedure A. Grievances may be initiated only by a grievant. B. Prompt Presentation. The employee shall discuss the grievance with the employee's immediate supervisor promptly within thirty (30) days after the act or omission of management causing the alleged grievance. C. Prescribed form. The written grievance shall be submitted on a form prescribed by the City for this purpose. Departments shall maintain an adequate supply of such forms. D. Employee Representative. The employee may be self represented or may choose someone as a representative at any step of this grievance procedure. E. Statement of Grievance. The grievance shall contain a statement of: 1. Specific situation, act or acts complained of as violation of this Agreement, or written rules, regulations or policies; 2. The damage suffered by the employee; and 3. The relief sought. F. A grievance may be discussed and processed on City time, except that no overtime, or additional compensation shall be allowed if the proceedings extend beyond the employee's or representative's workday or workweek. The employee and representative shall cooperate with the Department in such a manner that there will be a minimum of interference with the normal operations of the Department's work. G. Extension of Time. The time limits within which action must be taken or a decision made as specified in this procedure may be extended by mutual written consent of the parties involved. 46 NCMEAAgreement July 1, 20204- December 31Ju14e-30, 20210 184 of 392 ARTICLE 27 - MANAGEMENT RIGHTS Except --and only to the extent --that specific provisions of this Agreement expressly provide otherwise, it is hereby mutually agreed that the CITY has and will continue to retain, regardless of the frequency of exercise, rights to operate and manage its affairs in each and every respect. The rights reserved to the sole discretion of the CITY shall include, but not be limited to the right: To determine the mission of its constituent departments, commissions, boards; set standards of service; determine the procedures and standards of selection for employment and promotions; direct its employees; establish and enforce reasonable dress and grooming standards; determine the methods and means to relieve its employees from duty because of lack of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; to modify shift work time of a classification or position, when such modification will aid the City in its delivery of services to the public; determine the content and intent of job classifications; approve or disapprove secondary employment held by departmental employees; determine methods of financing; determine style and/or types of City -issued wearing apparel, equipment or technology to be used; determine and/or change the facilities, methods, technology, means, organizational structure and size and composition of the work force and allocate and assign work by which the City operations are to be conducted; determine and change the number of locations, relocations and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to the right to contract for or subcontract any work or operations of the City; to assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments upon reasonable notice; establish and modify productivity and performance programs and standards; discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees for cause; establish reasonable employee performance standards including, but not limited to, quality and quantity standards; and to require compliance therewith; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. Those inherent managerial functions, prerogatives and policy making right whether listed above or not which the CITY has not expressly modified or restricted by a specific provision of this Agreement shall be carried out in accordance with applicable Civil Service Rules. In exercising these rights the City shall comply with all applicable provisions of this MOU and all applicable laws. The exercise of said rights shall not preclude employees or their representatives from meeting and conferring as required by law with City management representatives about the practical consequences that decisions on these matters may have on wages, hours and other terms and conditions of employment. Such meeting and conferring shall take place prior to implementation except in case of emergency or unforeseen circumstance. In the event of emergency or unforeseen circumstance the City will meet and confer with NCMEA as soon as possible after implementation. 47 NCMEA Agreement July 1, 20204 - December 31June 3G, 20210 185 of 392 ARTICLE 28 - OBLIGATION TO SUPPORT Section 1 The parties agree that subsequent to the execution of this MOU and during the period of time said MOU is pending before the City Council for action, neither the NCMEA, nor management, nor their authorized representatives, will appear before the City Council or meet individually or privately with said members of the City Council, to advocate any amendment, deletion or addition to the terms and conditions of this MOU. It is further understood that this Article shall not preclude the parties from appearing before the City Council to advocate or urge the adoption and approval of this MOU in its entirety. Section 2 During the term of this MOU, NCMEA, its officers, agents and members agree that they shall neither engage in, nor encourage, nor will any of its members or representatives take part in any strike, work stoppage, slowdown, sick -in or other concerted action which adversely impacts the provision of governmental services including refusal to work. Section 3 During the term of this MOU, if an employee participates in any manner in any strike, work stoppage, slowdown, sick -in or other concerted action which adversely impacts the provision of governmental services including refusal to work or participates in any manner in any picketing other than informational or impediment to work in support of any strike, work stoppage, slowdown, sick -in or other concerted action which adversely impacts the provision of governmental services including refusal to work or induces other employees of the City to engage in such activities, such employee shall be subject to any action or remedy legally available to the City. 48 NCMEA Agreement July 1, 20204-8 - December 31Ju14e-30, 20210 186 of 392 ARTICLE 29 - AGREEMENT, MODIFICATION, WAIVER A. This Memorandum of Understanding sets forth the full and entire agreement of the parties regarding the matters set forth herein, and any prior or existing understanding or agreements over these matters between parties, whether formal or informal, are hereby superseded, or terminated in their entirety. B. No agreement, alteration, understanding, variation, waiver of modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties hereto unless made and executed in writing and affixed hereto by all parties and approved by the City Council. C. The waiver of any breach, term or condition of this Memorandum by either party shall not constitute a precedent in the future enforcements of all of its terms and provisions. D. The provisions of this MOU shall not be revised during the term of this MOU without mutual written approval of the parties except as set out in Article 19 of this MOU, or in the event that the City determines that a citywide lay-off is necessary. I 49 NCMEAAgreement July 1, 20204- December 31Ju14e-30, 20210 187 of 392 ARTICLE 30 - DURATION OF MEMORANDUM OF UNDERSTANDING This MOU shall be effective July 1, 20204-8 and shall remain in full force and effect until December 31, 2021 June 30, 2020, with its terms continuing in effect thereafter and from year to year thereafter, until a successor agreement is agreed to and approved, or impasse proceedings are completed. Both parties mutually agree to begin a good faith meet and confer process for the successor MOU by September 1, 2021March 1, 2020, and strive to complete negotiations and have a successor MOU approved by December 31, 2021 by June 15, 2020. Should the City or NCMEA be unable to reach agreement on a new MOU by June 15, 2020, the City or NCMEA may declare impassc, as outlined in tho Employer Employee R , MOU. 50 NCMEA Agreement July 1, 20204- December 31Ju14e-30, 20210 188 of 392 ARTICLE 31- DEFINITIONS Refer to definitions contained in the Civil Service Rules. I 51 NCMEAAgreement July 1, 20204— December 31Ju14e-30, 20210 189 of 392 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving a one-time non-PERSable $2,000 stipend to the members of the Executive, Management, and Confidential Groups. (Human Resources) Please scroll down to view the backup material. 190 of 392 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 4, 2020 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving a one-time non-PERSable $2,000 stipend to the members of the Executive, Management, and Confidential Groups. PREPARED BY: Robert J. Meteau Jr. DEPARTMENT: Human Resources PHONE: 336-4308 APPROVED BY: eee,44 EXPLANATION: The proposed action seeks to grant a stipend to members of the Executive, Management, and Confidential Groups in the form of a one-time non-PERSable $2,000 stipend. This one-time stipend, to be provided after Council approval, does not increase or in any way effect the City's unfunded pension liability, nor does it have any other long term fiscal implications. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: ` 1/l, X- Finance APPROVED: MIS The fiscal impact is projected to be $94,000, the cost of which will be paid out of the adopted budgets of each employee's funding department/funding source. ENVIRONMENTAL REVIEW: This is not a project, and therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution approving a one-time non-PERSable $2,000 stipend to the members of the Executive, Management, and Confidential Groups. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Resolution 191 of 3921 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving the addition of Deputy City Clerk to the Management Employee Group Salary Schedule. (Human Resources) Please scroll down to view the backup material. 192 of 392 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 4, 2020 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving the addition of Deputy City Clerk to the Management Employee Group Salary Schedule. PREPARED BY: Robert J. Meteau Jr. PHONE: 336-4308 EXPLANATION: At its June 16, 2020 meeting, the City Council approved amending the City Clerk compensation in preparation of the election of a new City Clerk on November 3, 2020. With that approval, the roles of elected City Clerk and Records Manager will once again be separated, with the City Clerk retaining those duties as outlined by state and local statute, and reverting to a part-time position. The role of Records Manager will be delegated to a new Deputy City Clerk position, which will be a full-time position responsible for the proper handling of City records, preparation of City Council minutes, preparing and conducting elections, and other essential duties, including acting as City Clerk in their absence. On July 8, 2020, the City of National City Civil Service Commission unanimously approved a request to approve the class specification of Deputy City Clerk. With this Council action, staff seeks to place the Deputy City Clerk in the management employee group salary schedule. The proposed salary band for Deputy City Clerk is: $3,964.40 to $7,848.23 per month. DEPARTMENT: Human Resources APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS There is no fiscal impact associated with this action. Personnel costs were incorporated within the City Clerk Department personnel budget adopted by the City Council at its meeting of June 16, 2020. ENVIRONMENTAL REVIEW: This is not a project, and therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution approving the addition of Deputy City Clerk to the Management Employee Group Salary Schedule. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Management Employee Group Salary Schedule Resolution 193of3921 City of National City Human Resources Department MANAGEMENT EMPLOYEE GROUP SALARY SCHEDULE Exhibit A POSITION TITLE SALARY BAND (MONTHLY) SALARY BAND (ANNUAL) Asst Director of PW/Engineering $ 4,594.04 — $ 11,846.99 $ 55,128.48 — $ 142,163.88 Battalion Chief $ 5,316.96 — $ 10,746.90 $ 63,803.52 — $ 128,962.80 Building Official $ 7,087.16 — $ 10,539.12 $ 85,045.92 — $ 126,469.44 Community Development Manager $ 7,287.50 — $ 10,047.88 $ 87,450.00 — $ 120,574.56 Community Development Specialist III $ 4,465.78 — $ 8,897.39 $ 53,589.36 — $ 106,768.68 Deputy City Attorney $ 6,841.11 — $ 10,033.63 $ 82,093.32 — $ 120,403.56 Deputy City Clerk $ 3,964.40 — $ 7,848.23 $ 47,572.80 — $ 94,178.76 Deputy Director of Human Resources $ 7,287.50 — $ 10,047.88 $ 87,450.00 — $ 120,574.56 Equipment Maint Supervisor $ 3,229.82 — $ 8,551.09 $ 38,757.84 — $ 102,613.08 Facilities Maint Supervisor $ 3,229.82 — $ 7,268.49 $ 38,757.84 — $ 87,221.88 Financial Services Officer $ 4,174.28 — $ 9,985.04 $ 50,091.36 — $ 119,820.48 Housing Programs Manager $ 4,255.90 — $ 9,339.89 $ 51,070.80 — $ 112,078.68 Information Technology Manager $ 4,279.22 — $ 10,235.15 $ 51,350.64 — $ 122,821.80 Management Analyst I $ 3,116.72 — $ 6,165.46 $ 37,400.64 — $ 73,985.52 Management Analyst II $ 3,542.31 — $ 7,006.85 $ 42,507.72 — $ 84,082.20 Management Analyst III $ 3,964.40 — $ 7,848.23 $ 47,572.80 — $ 94,178.76 Neighborhood Council Coordinator $ 3,964.40 — $ 7,848.23 $ 47,572.80 — $ 94,178.76 Neighborhood Services Manager $ 3,229.82 — $ 8,551.09 $ 38,757.84 — $ 102,613.08 Nutrition Program Manager $ 3,229.82 — $ 8,412.57 $ 38,757.84 — $ 100,950.84 Park Superintendent $ 3,229.82 — $ 8,412.57 $ 38,757.84 — $ 100,950.84 PIO/Mgmt Analyst III $ 3,964.40 — $ 7,848.23 $ 47,572.80 — $ 94,178.76 Page 1 of 2 194 of 392 City of National City Human Resources Department MANAGEMENT EMPLOYEE GROUP SALARY SCHEDULE Exhibit A POSITION TITLE SALARY BAND (MONTHLY) SALARY BAND (ANNUAL) Police Captain $ 5,410.24 — $ 13,720.67 $ 64,922.88 — $ 164,648.04 Police Support Services Manager $ 3,964.40 — $ 7,848.23 $ 47,572.80 — $ 94,178.76 Principal Civil Engineer $ 7,795.88 — $ 10,539.12 $ 93,550.56 — $ 126,469.44 Principal Librarian $ 3,766.18 — $ 8,604.96 $ 45,194.16 — $ 103,259.52 Principal Planner $ 4,465.78 — $ 8,897.39 $ 53,589.36 — $ 106,768.68 Project Officer $ 4,465.78 — $ 8,897.39 $ 53,589.36 — $ 106,768.68 Purchasing Agent $ 4,255.90 — $ 9,339.89 $ 51,070.80 — $ 112,078.68 Recreation Superintendent $ 3,229.82 — $ 8,412.57 $ 38,757.84 — $ 100,950.84 Risk Manager $ 4,174.28 — $ 9,981.19 $ 50,091.36 — $ 119,774.28 Senior Accountant $ 3,264.80 — $ 7,489.10 $ 39,177.60 — $ 89,869.20 Special Assistant to the Mayor $ 3,542.31 — $ 7,006.85 $ 42,507.72 — $ 84,082.20 Street Maintenance Supervisor $ 3,229.82 — $ 7,268.49 $ 38,757.84 — $ 87,221.88 Street & Wastewater Maint Superintendent $ 3,229.82 — $ 8,412.57 $ 38,757.84 — $ 100,950.84 Traffic Engineer $ 6,056.20 — $ 10,235.15 $ 72,674.40 — $ 122,821.80 Wastewater Supervisor $ 3,229.82 — $ 7,268.49 $ 38,757.84 — $ 87,221.88 Page 2 of 2 195 of 392 The following page(s) contain the backup material for Agenda Item: Council Action by Minute Order Rescinding the June 16, 2020 Adoption of Censure to Bar Councilmember Morrison's threaten lawsuit against the City of National City and Readopt the Censure as a separate agenda item. (City Attorney) Please scroll down to view the backup material. 196 of 392 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 4, 2020 AGENDA ITEM NO. ITEM TITLE: Council Action by Minute Order Rescinding the June 16, 2020 Adoption of Censure to Bar Councilmember Morrison's threaten lawsuit against the City of National City and Readopt the Censure as a separate agenda item. PREPARED BY: Angil P. Morris -Jones PHONE: 619 336-4220 EXPLANATION: Please see attached Staff Report. DEPARTMENT: City Attorney APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt a Motion to Rescind the June 16, 2020 Adoption of Censure of Councilmember Ron Morrison. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Staff Report 2. Minute Order 3. Council Censure 2003 4. Council Censure 2020 197 of 392 The following page(s) contain the backup material for Agenda Item: National City Sales Tax Update Newsletter — First Quarter 2020. (Finance) Please scroll down to view the backup material. 198 of 392 National City In Brief ational City's receipts from Janu- ary through March were 16.3% be- low the first sales period in 2019 but the decline was exaggerated by the Governor's recent Executive Order allowing some businesses an extra 90-days to file their tax return amidst the pandemic. Absent this aberra- tion, results were down 1.5%. Most general consumer goods re- tailers, and particularly department stores, declined as the March 19 statewide shutdown order went into effect at the tail end of the quarter. New car sales fell as consumers shied away from making major pur- chases. Restaurants were also low- er after dining rooms were closed, though several partial payments magnified the loss. Conversely, allocations from the countywide use tax pool surged 27% after a recent legislative change allowing the taxation of ad- ditional internet sales that had previ- ously gone untaxed. Voter approved Measures D added an additional $2,577,000 to these amounts, after adjusting for identi- fied payment aberrations. Net of aberrations, taxable sales for all of San Diego County declined 4.0% over the comparable time pe- riod; the Southern California region was down 4.1 %. — CALIFORNIA NATIONAL CITY MI �. AcORY0xAr.o a National City Sales Tax Update Second Quarter Receipts for First ,Quarter Sales (January - March 2020) • Irep SALES TAX BY MAJOR BUSINESS GROUP $1,800,000 $1,600,000 $1,400,000 $1,200,000 $1,000,000 $800.000 $600,000 $400.000 $200.000 50 J Autos General and Consumer Transportation Goods 'Allocation aberrations have been adjusted to reflect sales activity County and State Pools TOP 25 PRODUCERS IN ALPHABETICAL ORDER ABC Supply Co Arco AM PM Ball Mitsubishi Chick Fil A Frank Hyundai Frank Subaru Frank Toyota In N Out Burger JC Penney Macys Mossy Nissan National City Gas & Carwash Perry Chrysler Dodge Jeep Ram Perry Ford Probuild Company Ron Baker Chevrolet Ross South Bay Volkswagen South County Buick GMC T Mobile Target USA Gasoline Walmart Supercenter Wescott Mazda Westair Gases & Equipment Restaurants and Hotels 1st Quarter 2019* ■ 1st Quarter 2020* II III HI Fuel and Service Stations Business and Industry Building and Construction Food and Drugs REVENUE COMPARISON Three Quarters — Fiscal Year To Date (Q3 to Q1) 2018-19 2019-20 Point -of -Sale $12,635,059 $11,723,145 County Pool 1,978,098 2,469,957 State Pool 6,656 6,729 Gross Receipts $14,619,813 $14,199,832 Measure D $9,465,295 $9,227,326 Published by HdL Companies in Summer 2020 www.hdlcompanies.com : 888.861.0220 Q1 2020 National City Sales Tax Update Statewide Results With stay at home/non-essential busi- ness restrictions in place during the last two weeks of the quarter, local one cent tax revenues for the state overall, were 18.8% lower than January to March of 2019. Taxpayer relief programs account- ed for much of the decline with receipts down roughly 3.1% after factoring for payment deferrals and other accounting anomalies. Severe drops in auto sales, general consumer goods, service stations and restaurants were largely offset by new revenue from implementation of the Wayfair v. South Dakota decision that now requires out-of-state retailers to col- lect and remit Californian's sales and use tax. Other offsets included a surge in online shopping that boosted receipts from the county use tax allocation pools and from online retailers who maintain and ship their inventory from within California. The food/drug sector also showed strong gains as did many home supply, dollar and discount stores that remained open during the shutdown. New Challenges & Opportunities Current indicators suggest that overall tax receipts for the April thru June sales period will bottom out at 27% below the second quarter of 2019. The speed of the rebound in sales activity will be dependent on the availability of ade- quate testing, treatment therapies and ultimately a vaccine. Until then, phys- ical distancing, COVID-19 protocols and supply chain disruptions will create limitations on some operating capacities and the return to work of all employees. Health fears, discounts and liquidation sales may also keep sales tax revenues below pre -pandemic levels until solu- tions are in place. Regardless of when full recovery does occur, reports are that some elements of the economy will be permanently altered. Generation of future tax rev- enues may require rethinking of local economic strategies. Over expansion, excessive debt and consumer shifts to online shopping were already resulting in bankruptcies with es- timates of up to 25,000 brick -and-mortar store closings by the end of 2020. "Touch and feel" shopping is not going away but retailers see an evolution where in-store shopping is more leisure/recreational ori- ented with smaller stores offering more show -rooming and delivery/pick-up services. The smaller footprints and life- style emphasis offer opportunities to rein- state downtowns and neighborhood cen- ters as economic/social gathering places. The Pandemic's capture of new online customers and the growing trend of man- ufacturers and entrepreneurs with new concepts to bypass physical stores and sell directly to the consumer also expands op- tions for agencies without large market populations to generate sales tax through industrial development. Finally, the Pandemic's disruption of sup- ply chains has also accelerated growing dissatisfaction with overseas arrangements and some reshoring will occur which offers opportunities to leverage a city's ex- isting business base to attract compatible support industries. SALES PER CAPITA* $8,000 $6,000 $4,000 $2,000 $o al 17 National City Q1 18 County 'Allocation aberrations have been adjusted to reflect sales activity Q1 19 Q1 20 California EVENUE BY BUSINESS GROUP National City This Quarter* Autos/Trans. 34% Food/Dru 3o �9u. f' 5% 9 us./Ind. Fuel 5% 5% Cons.Goods 20% Pools 18% 'Allocation aberrations have been adjusted to reflect sales activity Restaurants 11% NATIONAL CITY TOP 15 BUSINESS TYPES** *In thousands of dollars Business Type Auto Lease Automotive Supply Stores 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 Total All Accounts County & State Pool Allocation Gross Receipts National City Q1 '20* Change 138.4 52.1 171.1 166.7 84.0 11.0% -4.8% 15.7% -12.1 -30.8% - CONFIDENTIAL - - CONFIDENTIAL - 72.6 164.4 1,099.9 277.0 216.0 55.2 68.6 116.9 3,609.0 790.1 4,399.1 -22.7% -10.7% -7.9% 1.7% 0.7% -20.6% -13.9% -13.8% -6.2% 27.3% -1.5% County Change 0.1% -10.0% -0.5% -18.2% -31.6% 3.8% 6.7% -18.5% -21.4% -10.4% -9.1 % -8.9% -21.5% -10.6% -15.2% -8.0% 19.3% -4.0% ** Accounting aberrations such as late payments, fund transfers, and audit adjustments have been adjusted to reflect the quarter in which the sales occurred. HdL State Change 1.6% -9.5% 3.0% -18.8% -34.6% 3.2% 0.0% -18.0% -21.1% -10.6% -8.5% -9.5% -25.5% -10.1 % -12.7% -7.3% 22.4% -3.0% 200 of 392 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 4, 2020 AGENDA ITEM NO.: ITEM TITLE: National City Sales Tax Update Newsletter — First Quarter 2020 PREPARED BY: Mark Roberts, Finance Director DEPARTMENT: Finance�� PHONE: 619-336-4330 APPROVED BY: `"�'�/a ,E 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 first quarter of calendar year 2020, which summarizes sales tax data for the period. FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: `W.t,'Ad /GAG 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 — First Quarter 2020 201 of 392 The following page(s) contain the backup material for Agenda Item: Warrant Register #47 for the period of 5/7/20 through 5/19/20 in the amount of $2,031,999.49. (Finance) Please scroll down to view the backup material. 202 of 392 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 4, 2020 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #47 for the period of 5/13/20 through 5/19/20 in the amount of $2,031,999.49. (Finance) PREPARED BY: Karla Apalategui, Senior Accounting Assistant DEPARTMENT: Finance PHONE: 619-336-4572 EXPLANATION: APPROVED BY: Per Government Section Code 37208, attached are the warrants issued for the period 5/13/20 - 5/19/20. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation County of San Diego RCS 347577 147,379.98 Nextgen RCS Shared Backbone Dick Miller Inc 347584 61,011.52 Paradise Creek WQ&C Enh Geosyntec Consultants 347588 182,679.92 On -call Project Support Services Portillo Concrete Inc 347602 225,380.77 Pal Avenue Road WSP Usa Inc 347628 60,304.96 Focused General Plan Update / Eng FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $2,031,999.49. APPROVED: FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Ratify warrants totaling $2,031,999.49. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 47 2UJ of ,3Y2 1r/ CALIFORNIA PAYEE ACE UNIFORMS & ACCESSORIES INC CEB CITY OF SAN DIEGO DAY WIRELESS SYSTEMS FROGGY'S FOG. LLC GOLDEN RULE CREATIONS KNOX SERVICES LASER TECHNOLOGY INC LASHBROOK, A MATTHEW BENDER & COMP INC MOTOROLA SOLUTIONS INC OFFICE SOLUTIONS BUSINESS PRO BUILD COMPANY PRUDENTIAL OVERALL SUPPLY ROGUE FITNESS SEGAL SIRCHIE FINGER PRINT SMART SOURCE OF CALIFORNIA LLC STAPLES BUSINESS ADVANTAGE TECHNOLOGY INTEGRATION GROUP THE COUNSELING TEAM THOMSON REUTERS WEST TINOSA INC U S BANK ULINE WAXIE SANITARY SUPPLY WILLY'S ELECTRONIC SUPPLY ACME SAFETY & SUPPLY CORP AT&T AT&T AT&T BARAHURA, D BJ'S RENTALS INC BJ'S RENTALS INC CARTEGRAPH SYSTEMS INC CDWG CIRCULATE SAN DIEGO CLF WAREHOUSE INC CODELATHE TECHNOLOGIES INC COMMERCIAL AQUATIC SERVICE INC COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO RCS COUNTYWIDE MECHANICAL COUNTYWIDE MECHANICAL SYSTEMS COX COMMUNICATIONS DANIELS TIRE SERVICE DE LAGE LANDEN DELGADO, E NATIONAL CITy coRPOR VJ WARRANT REGISTER # 47 5/19/2020 DESCRIPTION STATION UNIFORMS / PD LEGAL PUBLICATION AUTO UPDATES/CAO AED SERVICE LEVEL AGREEMENT RADIO REPAIR / PD TRAINING SMOKE / FIRE UNIFORM PATCHES COURT FILING SERVICE / CAO SPEED GUNS REIMB: LASHBROOK/NENA MEMBERSHIP / PD LEGAL PUBLICATION UPDATES/CAO PORTABLE RADIO MOP 25003 SUPPLIES COVID PD MOP 45707, FIRE CHARGES MOP 45742, FIRE CHARGES GYM EQUIPMENT REIMB: SEGAL ATAP FEB 2020 / PD P&E SUPPLIES / PD MOP 63845, FIRE CHARGES MOP 20468 SUPPLIES PD MIS SUPPLIES FOR EQUIP PERSONNEL COUNSELING LEGAL PUBLICATION UPDATES / CAO AIR SAMPLES & REPAIR / PW CREDIT CARD EXPENSES / POLICE P&E SUPPLIES / PD JANITORIAL SUPPLIES MOP 45763, FIRE CHARGES HOODED SWEATSHIRT / PW AT&T SBC ANNUAL PHONE SERVICE FOR FY20 AT&T SBC ANNUAL PHONE SERVICE FOR FY20 AT&T SBC ANNUAL PHONE SERVICE FOR FY20 REFUND / ACCOUNT CLOSED CAMACHO GYM -EQUIP. RENTAL CAMACHO GYM -EQUIP. RENTAL CDP ANNUAL RENEWAL 3/1/2020 - 2/28/21 VMWARE HORIZON ENTERPRISE EDITION CIRCULATE SAN DIEGO / ENG MOP 80331 AUTO SUPPLIES - PW FILECLOUD ONLINE LICENSE CHEMICALS - CHLORINE, ACID TABLETS / PW NEXTGEN REGIONAL COMMUNICATIONS SYSTEM NEXTGEN RCS SHARED BACKBONE CITY WIDE CATCH BASIN/SUMP CLEANING CITYWIDE ON -SITE HVAC SERVICES COX DATA VIDEO SERVICES FY20 TIRES FOR CITY FLEET FOR FY 2020 LEASE 20 SHARP COPIERS FOR FY20 RFW CDBG TEEN PROGRAM SPEAKER CHK NO 347536 347537 347538 347539 347540 347541 347542 347543 347544 347545 347546 347547 347548 347549 347550 347551 347552 347553 347554 347555 347556 347557 347558 347559 347560 347561 347562 347563 347564 347565 347566 347567 347568 347569 347570 347571 347572 347573 347574 347575 347576 347577 347578 347579 347580 347581 347582 347583 DATE 5/18/20 5/18/20 5/18/20 5/18/20 5/18/20 5/18/20 5/18/20 5/18/20 5/18/20 5/18/20 5/18/20 5/18/20 5/18/20 5/18/20 5/18/20 5/18/20 5/18/20 5/18/20 5/18/20 5/18/20 5/18/20 5/18/20 5/18/20 5/18/20 5/18/20 5/18/20 5/18/20 5/19/20 5/19/20 5/19/20 5/19/20 5/19/20 5/19/20 5/19/20 5/19/20 5/19/20 5/19/20 5/19/20 5/19/20 5/19/20 5/19/20 5/19/20 5/19/20 5/19/20 5/19/20 5/19/20 5/19/20 5/19/20 AMOUNT 1,352.43 192.12 325.00 523.70 310.10 751.08 79.75 4,358.25 186.50 220.87 18,829.60 2,885.19 62.46 50.00 4,156.74 20.00 1,882.61 83.60 3,362.94 1,207.13 450.00 3,865.22 671.75 1,989.30 228.04 923.62 72.04 42.14 8,991.47 591.32 90.38 150.00 8,222.29 2,203.85 39,000.00 17,455.72 5,697.50 56.91 1,566.00 1,331.80 9,063.00 147,379.98 340.23 876.93 4,305.28 929.50 2,939.63 344.78 1/3 204 of 392 1r/ CALIFORNIA PAYEE DICK MILLER INC DSA SAN DIEGO FARONICS TECHNOLOGIES USA INC. FATPIPE INC GEOSYNTEC CONSULTANTS INC GRAINGER HAAKER EQUIPMENT COMPANY KIMLEY HORN KRONOS INC LA JOLLA POOLS INC LEFORT'S SMALL ENGINE REPAIR MASON'S SAW MAYER REPROGRAPHICS METEAU JR, R NATIONAL CITY AUTO TRIM NATIONAL CITY CAR WASH OFFICE SOLUTIONS BUSINESS PENSKE FORD PORTILLO CONCRETE INC PROFESSIONAL SEARCH GROUP LLC PRUDENTIAL OVERALL SUPPLY ROBERTS, M SDG&E SHARP ELECTRONICS CORPORATION SHARP REES STEALY MED GROUP SHAW INTEGRATED SOLUTIONS SITEONE LANDSCAPE SUPPLY LLC SMART SOURCE OF CALIFORNIA LLC SOUTH COAST EMERGENCY STARTECH COMPUTERS SWAGIT PRODUCTION LLC SWEETWATER AUTHORITY TERMINIX INTERNATIONAL TODD PIPE & SUPPLY LLC TURF STAR INC UNITED ROTARY BRUSH CORP VERIZON WIRELESS WAXIE SANITARY SUPPLY WEST COAST ARBORISTS WESTAIR GASES & EQUIPMENT INC WESTFLEX INDUSTRIAL WETMORES WHILLOCK CONTRACTING WILLY'S ELECTRONIC SUPPLY WSP USA INC NATIONAL Cilry -NOR VJ WARRANT REGISTER # 47 5/19/2020 DESCRIPTION PARADISE CREEK WQ&C. ENH. PARADISE CREEKPED.BICYCLE PATHWAY DEEP FREEZE ENT NA MAINT 3YR RENEWAL FATPILE GOLD PLUS SERVICE ON -CALL PROJECT SUPPOSRT SERVICES PORTABLE CARPET SPOTTER CLEANER / PW ROTEK BEARING / PW 8TH AND ROOSEVELT WORKFORCE TELESTAFF IVR SERVICES - REPAIR AND REPLACE AND INSTALL VARIOUS MOP 80702 EQUIPMENT SUPPLIES AND REPAIR MOP 45729 EQUIPMENT SUPPLIES AND REPAIR DIGITAL BOND COPIES TRAVEL EXPENSE REIMBURSEMENT R&M CITY VEHICLES AS NEEDED FY 2020 CAR WASH SERVICES FOR CITY FLEET FY 2020 MOP83778.OFFICE SUPPLIES/ENG R&M CITY VEHICLES FOR FY 2019 PALM AVENUE ROAD TEMP SERVICES - MAYOR'S OFFICE MOP 45742 LAUNDRY SERVICES - PW TRAVEL REIMB / CSMFO CONFERENCE GAS & ELECTRIC UTILITIES FOR PW FY 2020 MAINTENANCE 20 SHARP COPIERS FOR FY20 DOT EXAM / HR OPEN MARKET SHAW PATCRAFT ADESA 20 MIL MOP 69277 LANDSCAPE SUPPLIES - PW MOP 24302 PD PRINTING DIP STICK ENGINE OIL MOP FY20 / SUPPLIES FOR MIS SWAGIT WEBCASTING FOR FY20 PARADISE CREEK W&Q CITY OWNED FACILITIES ONGOING PEST CITYWIDE PLUMBING MATERIALS & PARTS BEARING CUP TAPERED MOP 62683 AUTO SUPPLIES -PW VERIZON CELLULAR SERVICES FOR FY20 MISCELLANEOUS JANITORIAL SUPPLIES ONGOING TREE TRIMMING SERVICE GTEK PAL COATED LGE / PW MOP 63850 AUTO SUPPLIES -PW MOP 80333 AUTO SUPPLIES -PW PARADISE PARK SITE REMEDIATION GOPRO CHDRB-801 CAMERA KIT FOCUSED GENERAL PLAN UPDATE/ENG CHK NO DATE AMOUNT 347584 5/19/20 61,011.52 347585 5/19/20 7,696.00 347586 5/19/20 2,441.25 347587 5/19/20 4,555.00 347588 5/19/20 182,679.92 347589 5/19/20 2,838.63 347590 5/19/20 3,605.05 347591 5/19/20 13, 239.49 347592 5/19/20 1,503.87 347593 5/19/20 4,675.31 347594 5/19/20 432.27 347595 5/19/20 238.21 347596 5/19/20 181.07 347597 5/19/20 870.04 347598 5/19/20 278.56 347599 5/19/20 70.00 347600 5/19/20 56.76 347601 5/19/20 120.18 347602 5/19/20 225,380.77 347603 5/19/20 4,166.40 347604 5/19/20 1,910.95 347605 5/19/20 123.66 347606 5/19/20 35,531.00 347607 5/19/20 1,865.25 347608 5/19/20 45.00 347609 5/19/20 24,211.76 347610 5/19/20 585.50 347611 5/19/20 1,779.50 347612 5/19/20 348.94 347613 5/19/20 695.09 347614 5/19/20 1,920.83 347615 5/19/20 22,215.00 347616 5/19/20 1,060.00 347617 5/19/20 495.87 347618 5/19/20 593.77 347619 5/19/20 138.67 347620 5/19/20 368.15 347621 5/19/20 3,298.67 347622 5/19/20 11,166.00 347623 5/19/20 494.60 347624 5/19/20 6.39 347625 5/19/20 408.85 347626 5/19/20 40,647.17 347627 5/19/20 887.53 347628 5/19/20 60,304.96 A/P Total 1,027,762.16 2/3 205 of 392 1/✓ _ t CALIFORNIA s T tI ONAL curs IN R ED WARRANT REGISTER # 47 5/19/2020 PAYEE DESCRIPTION CHK NO DATE AMOUNT SECTION 8 HAPS Start Date End Date 5/12/2020 5/19/2020 14,190.00 PAYROLL Pay period Start Date 9 4/21/2020 End Date 5/4/2020 Check Date 5/13/2020 990,047.33 GRAND TOTAL $ 2,031,999.49 3/3 206 of 392 The following page(s) contain the backup material for Agenda Item: Warrant Register #'l 8 for the period of 5/20/20 through 5/26/20 in the amount of $333,294.03. (Finance) Please scroll down to view the backup material. 207 of 392 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 4, 2020 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #48 for the period of 5/20/20 through 5/26/20 in the amount of $333,294.03. (Finance) PREPARED BY: Karla Apalategui, Senior Accounting Assistant DEPARTMENT: Finance PHONE: 619-336-4572 EXPLANATION: APPROVED BY: Per Government Section Code 37208, attached are the warrants issued for the period 5/20/20 - 5/26/20. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Chen Ryan Associates HDR Engineering, Inc Innovative Construction Check/Wire 347634 347645 347647 Amount Explanation 57,556.16 24th Transint Oriented Develp Overlay 63,069.23 Sewer Upzing / Eng 53,732.50 Euclid Ave Bicycle & Ped FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $333,294.03. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION FINANCE MIS STAFF RECOMMENDATION: Ratify warrants totaling $333,294.03. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 48 2Uti of ;3Y2 CALIFORNIA °- PAYEE COMMUNITY YOUTH ATHLETIC CENTE ACE UNIFORMS & ACCESSORIES INC ADMINSURE INC AP TRITON CONSULTING, LLC AZTEC APPLIANCE CHEN RYAN ASSOCIATES INC CIRCULATE SAN DIEGO CLAIMS MANAGEMENT ASSOCIATES COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO EISER III, G ENTERPRISE FLEET MANAGEMENT FEDEX GOODRICH, C GURROLA, V GURROLA, V HDR ENGINEERING, INC. HINDERLITER DE LLAMAS INNOVATIVE CONSTRUCTION IRON MOUNTAIN J GARDNER & ASSOCIATES LLC KTUA LASER SAVER INC LIEBERT CASSIDY WHITMORE LOZANO SMITH LLP MEYERS NAVE MORRISON, R MUNICIPAL CODE CORPORATION NV5 INC OFFICE SOLUTIONS BUSINESS PMW ASSOCIATES POWERSTRIDE BATTERY CO INC PRO BUILD COMPANY PROFESSIONAL SEARCH GROUP LLC RAULSTON, B SAN DIEGO UNION TRIBUNE SMART SOURCE OF CALIFORNIA LLC STAPLES BUSINESS ADVANTAGE TELECOM LAW FIRM P C THE PUN GROUP LLP THE STAR NEWS THOMSON REUTERS WEST U S BANK WAXIE SANITARY SUPPLY WILSON, R NATIONAL IT INCORFOILATro WARRANT REGISTER # 48 5/26/2020 DESCRIPTION AGENCY CONTRIBUTION TO COMM YOUTH CENTER STATION UNIFORMS / PD AGREEMENT TO PROVIDE MONTHLY SERVICES CONSULTING SERVICES WASHER / PW 24TH TRANSIT ORIENTED DEVELP OVERLAY 224- SRTS PROFESSIONAL SERVICES 726 W.19TH ST. MAIL PROCESSING SERVICES AS NEEDED FOR PROFESSIONAL SERVICE / MARCH 2020 ICAO ENTERPRISE FLEET LEASE POLICE RECRUIT TESTING MATERIALS EDUCATION REIMBURSEMENT PROFESSIONAL SERVICES PROFESSIONAL SERVICES SEWER UPZING / ENG CONTRACT SERVICES PROPERTY TAX Q4/2019 EUCLID AVE BICYCLE & PED. RECORD MANAGEMENT AND STORAGE FOR FY20 JR BADGE STICKERS ROOSEVELT AVE. SMART GROWTH MOP 45725. INK CARTRIDGES / PD WEBINAR - COVID19 LEGAL SERVICES/ MARCH 2020/CAO CONSULTING SERVICES MOU NEGOTIATIONS TRAVEL TRAINING REIMBURSMENT 2020 MUNICIPAL CODE SUPPLEMENT #54 FREIGHT CH SEWER USER SURVEY & PREP. OF TAX OFFICE SUPPLIES TRAINING TUITION POST TEAM BUILDING MOP 45707, FIRE CHARGES MOP# 45707 PAINT SUPPLIES / NSD TEMP SERVICES TRAVEL EXPENSE SWEETWATER HIGH SCHOOL BUSINES CARDS / NSD OFFICE SUPPLIES/CAO PROFESSIONAL SERVICES/CAO FY 2019 - SINGLE AUDIT - FINANCE ADVERTISING NOTICES FOR FY20 LEGAL PUBLICATION UPDATES/ CAO PD TRAINING CREDT CARD JANITORIAL SUPPLIES EDUCATION REIMBURSEMENT CHK NO DATE AMOUNT 347629 5/26/20 12,000.00 347630 5/26/20 413.65 347631 5/26/20 7,631.25 347632 5/26/20 300.00 347633 5/26/20 752.53 347634 5/26/20 57,556.16 347635 5/26/20 17,039.50 347636 5/26/20 7,200.00 347637 5/26/20 1,697.00 347638 5/26/20 2,578.96 347639 5/26/20 7,540.00 347640 5/26/20 35,378.50 347641 5/26/20 20.50 347642 5/26/20 375.37 347643 5/26/20 9,911.94 347644 5/26/20 932.78 347645 5/26/20 63,069.23 347646 5/26/20 6,134.52 347647 5/26/20 53,732.50 347648 5/26/20 213.21 347649 5/26/20 1,159.25 347650 5/26/20 492.00 347651 5/26/20 2,105.57 347652 5/26/20 100.00 347653 5/26/20 45.00 347654 5/26/20 21,150.00 347655 5/26/20 1,997.11 347656 5/26/20 16.71 347657 5/26/20 8,600.02 347658 5/26/20 46.27 347659 5/26/20 1,500.00 347660 5/26/20 169.31 347661 5/26/20 236.55 347662 5/26/20 1,280.00 347663 5/26/20 1,294.73 347664 5/26/20 611.64 347665 5/26/20 40.28 347666 5/26/20 279.34 347667 5/26/20 216.00 347668 5/26/20 4,000.00 347669 5/26/20 274.19 347670 5/26/20 1,796.11 347671 5/26/20 825.14 347672 5/26/20 291.21 347673 5/26/20 290.00 A/P Total 333,294.03 1/1 GRAND TOTAL $ 333,294.03 209 of 392 The following page(s) contain the backup material for Agenda Item: Warrant Register #49 for the period of 5/27/20 through 6/2/20 in the amount of $2,643,743.80. (Finance) Please scroll down to view the backup material. 210 of 392 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 4, 2020 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #49 for the period of 5/27/20 through 6/2/20 in the amount of $2,643,743.80. (Finance) PREPARED BY: Karla Apalategui, Senior Accounting Assistant DEPARTMENT: Finance PHONE: 619-336-4572 XPLANATION: APPROVED BY: Per Government Section Code 37208, attached are the warrants issued for the period 5/27/20 - 6/2/20. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Exos Community Svcs Heakth Net Inc Kaiser Foundation HP Check/Wire 347676 347799 347804 Amount Explanation 65,786.39 Management Fees — Exos March 82,431.27 GRP# R1192A — June 2020 188,408.26 Group No.104220-0002 — May 2020 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $2,643,743.80. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION FINANCE MIS STAFF RECOMMENDATION: Ratify warrants totaling $2,643,743.80. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 49 211 of ,3Y2 1r/ CALIFORNIA PAYEE ACEDO, I ANDERSON, E BEARD, P BECK, L BISHOP, R BOEGLER, C BULL, P CAMEON, C CARRILLO, R COLE, L COLLINSON, C CONDON, D CORDERO, E DANESHFAR, Z DEESE, L 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, G HERNANDEZ, M HERNANDEZ, R HODGES, B IBARRA, J JONES, D JUNIEL, R KIMBLE, R KLOS, F LEACH, D LIMFUECO, M MATIENZO, M MC CABE, T MCDANIEL, P MEDINA, R MENDOZA, G MINER, D NATIONAL Cur? coRPOR VJ WARRANT REGISTER # 49 6/2/2020 DESCRIPTION CHK NO DATE AMOUNT RETIREE HEALTH BENEFITS - JUNE 2020 347691 6/2/20 160.00 RETIREE HEALTH BENEFITS - JUNE 2020 347692 6/2/20 110.00 RETIREE HEALTH BENEFITS - JUNE 2020 347693 6/2/20 70.00 RETIREE HEALTH BENEFITS - JUNE 2020 347694 6/2/20 140.00 RETIREE HEALTH BENEFITS - JUNE 2020 347695 6/2/20 110.00 RETIREE HEALTH BENEFITS - JUNE 2020 347696 6/2/20 260.00 RETIREE HEALTH BENEFITS - JUNE 2020 347697 6/2/20 580.00 RETIREE HEALTH BENEFITS - JUNE 2020 347698 6/2/20 400.00 RETIREE HEALTH BENEFITS - JUNE 2020 347699 6/2/20 290.00 RETIREE HEALTH BENEFITS - JUNE 2020 347700 6/2/20 165.00 RETIREE HEALTH BENEFITS - JUNE 2020 347701 6/2/20 420.00 RETIREE HEALTH BENEFITS - JUNE 2020 347702 6/2/20 280.00 RETIREE HEALTH BENEFITS - JUNE 2020 347703 6/2/20 520.00 RETIREE HEALTH BENEFITS - JUNE 2020 347704 6/2/20 250.00 RETIREE HEALTH BENEFITS - JUNE 2020 347705 6/2/20 660.00 RETIREE HEALTH BENEFITS - JUNE 2020 347706 6/2/20 680.00 RETIREE HEALTH BENEFITS - JUNE 2020 347707 6/2/20 480.00 RETIREE HEALTH BENEFITS - JUNE 2020 347708 6/2/20 250.00 RETIREE HEALTH BENEFITS - JUNE 2020 347709 6/2/20 250.00 RETIREE HEALTH BENEFITS - JUNE 2020 347710 6/2/20 620.00 RETIREE HEALTH BENEFITS - JUNE 2020 347711 6/2/20 460.00 RETIREE HEALTH BENEFITS - JUNE 2020 347712 6/2/20 220.00 RETIREE HEALTH BENEFITS - JUNE 2020 347713 6/2/20 270.00 RETIREE HEALTH BENEFITS - JUNE 2020 347714 6/2/20 540.00 RETIREE HEALTH BENEFITS - JUNE 2020 347715 6/2/20 700.00 RETIREE HEALTH BENEFITS - JUNE 2020 347716 6/2/20 115.00 RETIREE HEALTH BENEFITS - JUNE 2020 347717 6/2/20 120.00 RETIREE HEALTH BENEFITS - JUNE 2020 347718 6/2/20 480.00 RETIREE HEALTH BENEFITS - JUNE 2020 347719 6/2/20 135.00 RETIREE HEALTH BENEFITS - JUNE 2020 347720 6/2/20 500.00 RETIREE HEALTH BENEFITS - JUNE 2020 347721 6/2/20 120.00 RETIREE HEALTH BENEFITS - JUNE 2020 347722 6/2/20 500.00 RETIREE HEALTH BENEFITS - JUNE 2020 347723 6/2/20 600.00 RETIREE HEALTH BENEFITS - JUNE 2020 347724 6/2/20 400.00 RETIREE HEALTH BENEFITS - JUNE 2020 347725 6/2/20 200.00 RETIREE HEALTH BENEFITS - JUNE 2020 347726 6/2/20 780.00 RETIREE HEALTH BENEFITS - JUNE 2020 347727 6/2/20 480.00 RETIREE HEALTH BENEFITS - JUNE 2020 347728 6/2/20 50.00 RETIREE HEALTH BENEFITS - JUNE 2020 347729 6/2/20 300.00 RETIREE HEALTH BENEFITS - JUNE 2020 347730 6/2/20 480.00 RETIREE HEALTH BENEFITS - JUNE 2020 347731 6/2/20 600.00 RETIREE HEALTH BENEFITS - JUNE 2020 347732 6/2/20 160.00 RETIREE HEALTH BENEFITS - JUNE 2020 347733 6/2/20 100.00 RETIREE HEALTH BENEFITS - JUNE 2020 347734 6/2/20 280.00 RETIREE HEALTH BENEFITS - JUNE 2020 347735 6/2/20 290.00 RETIREE HEALTH BENEFITS - JUNE 2020 347736 6/2/20 105.00 RETIREE HEALTH BENEFITS - JUNE 2020 347737 6/2/20 290.00 RETIREE HEALTH BENEFITS - JUNE 2020 347738 6/2/20 580.00 1/4 212 of 392 1r/ CALIFORNIA NATIONAL CITy coRPOR VJ WARRANT REGISTER # 49 6/2/2020 PAYEE DESCRIPTION CHK NO DATE AMOUNT MORRISON, R RETIREE HEALTH BENEFITS - JUNE 2020 347739 6/2/20 520.00 NAGLE, D RETIREE HEALTH BENEFITS - JUNE 2020 347740 6/2/20 460.00 NOTEWARE, D RETIREE HEALTH BENEFITS - JUNE 2020 347741 6/2/20 120.00 OLIVARES, G RETIREE HEALTH BENEFITS - JUNE 2020 347742 6/2/20 280.00 OLIVERIA, H RETIREE HEALTH BENEFITS - JUNE 2020 347743 6/2/20 360.00 PAUU JR, P RETIREE HEALTH BENEFITS - JUNE 2020 347744 6/2/20 340.00 PEASE JR, D RETIREE HEALTH BENEFITS - JUNE 2020 347745 6/2/20 140.00 PETERS, S RETIREE HEALTH BENEFITS - JUNE 2020 347746 6/2/20 290.00 POST, R RETIREE HEALTH BENEFITS - JUNE 2020 347747 6/2/20 280.00 RAY, S RETIREE HEALTH BENEFITS - JUNE 2020 347748 6/2/20 190.00 ROARK, L RETIREE HEALTH BENEFITS - JUNE 2020 347749 6/2/20 135.00 RODRIGUEZ, M RETIREE HEALTH BENEFITS - JUNE 2020 347750 6/2/20 260.00 RUIZ, J RETIREE HEALTH BENEFITS - JUNE 2020 347751 6/2/20 310.00 SANCHEZ, L RETIREE HEALTH BENEFITS - JUNE 2020 347752 6/2/20 330.00 SERVATIUS, J RETIREE HEALTH BENEFITS - JUNE 2020 347753 6/2/20 340.00 SHOEMSKER, M RETIREE HEALTH BENEFITS - JUNE 2020 347754 6/2/20 480.00 SHORT, C RETIREE HEALTH BENEFITS - JUNE 2020 347755 6/2/20 300.00 SMITH, J RETIREE HEALTH BENEFITS - JUNE 2020 347756 6/2/20 320.00 SMITH, M RETIREE HEALTH BENEFITS - JUNE 2020 347757 6/2/20 560.00 STEWART, W RETIREE HEALTH BENEFITS - JUNE 2020 347758 6/2/20 200.00 STRASEN, W RETIREE HEALTH BENEFITS - JUNE 2020 347759 6/2/20 135.00 TIPTON, B RETIREE HEALTH BENEFITS - JUNE 2020 347760 6/2/20 250.00 VERRY, L RETIREE HEALTH BENEFITS - JUNE 2020 347761 6/2/20 280.00 VILLAGOMEZ, J RETIREE HEALTH BENEFITS - JUNE 2020 347762 6/2/20 480.00 WHITE, J RETIREE HEALTH BENEFITS - JUNE 2020 347763 6/2/20 230.00 YBARRA, A RETIREE HEALTH BENEFITS - JUNE 2020 347764 6/2/20 220.00 RETIREE HEALTH BENEFIT TOTAL: 24,360.00 A REASON TO SURVIVE SIGNAGE AND FACADE IMPROVEMENT PROGRAM 347674 6/2/20 3,828.81 DELGADO, E RFW CASA DE SALUD YOUTH MEMBER ACTIVITY 347675 6/2/20 860.86 EXOS COMMUNITY SERVICES LLC MANAGEMENT FEES- EXOS MARCH INVOICE 347676 6/2/20 65,786.39 GAMWELL, M TRAVEL EXPENSE REIMBURSEMENT 347677 6/2/20 109.17 LASER SAVER INC CASA DE SALUD OFFICE INK 347678 6/2/20 434.78 LIEBERT CASSIDY WHITMORE SENIOR CENTER HARASSMENT TRAINING 347679 6/2/20 1,075.00 MTS FLAGGING SERVICES FOR FY20 / NSD 347680 6/2/20 397.45 OFFICE SOLUTIONS BUSINESS COMPUTER DESKS FOR CASA DE SALUD 347681 6/2/20 1,831.63 PRO BUILD COMPANY MOP 45707 PAINT SUPPLIES / NSD 347682 6/2/20 29.34 PROFESSIONAL SEARCH GROUP LLC TEMP SERVICES 347683 6/2/20 5,113.92 SAN DIEGO COUNTY ASSESSOR COUNTY RECORDS / NSD 347684 6/2/20 12.00 SMART SOURCE OF CALIFORNIA LLC BUSINESS CARDS / NSD 347685 6/2/20 36.98 STAPLES BUSINESS ADVANTAGE MOP 45704 OFFICE SUPPLIES/COMM SERVICES 347686 6/2/20 78.42 TERAN, ABRAHAM SIGNAGE AND FACADE ARTS REIMBURSMENT 347687 6/2/20 1,500.00 T'S & SIGNS COMMUNITY SERVICES COVID19 BANDANAS 347688 6/2/20 647.06 US BANK MARCH US BANK STATEMENT 347689 6/2/20 261.40 VISTA PAINT MOP 68834 PAINT SUPPLIES / NSD 347690 6/2/20 303.00 ACE UNIFORMS & ACCESSORIES INC STATION UNIFORMS 347765 6/2/20 2,241.65 BROWN, MAHO REFUND CLASS FEES/CLASSES SUSPENDED 347766 6/2/20 19.24 CANARE, GERALD LIABILITY CLAIM COST 347767 6/2/20 199.00 CHULA VISTA PHOTO STUDIO PERSONNEL PHOTOS 347768 6/2/20 163.13 CITY OF SAN DIEGO SD REGIONAL ANALYSIS OF IMPEDIMENTS 347769 6/2/20 7,144.55 2/4 213 of 392 1r/ CALIFORNIA PAYEE CLF WAREHOUSE INC COLANTUONO HIGHSMITH COLANTUONO HIGHSMITH CSA SAN DIEGO COUNTY DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DELTA DENTAL DELTA DENTAL DELTA DENTAL INSURANCE CO EBIX, INC. FACTORY MOTOR PARTS FERNANDEZ, RAY GONZALEZ, MICHAEL GRAINGER GROSSMAN PSYCHOLOGICAL HEALTH NET HEALTH NET HEALTH NET HEALTH NET HEALTH NET INC HEALTH NET INC HEALTH NET INC HEALTH NET INC JOSSE, DENNIS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS MARTINEZ, CARLOS MAZZARELLA & MAZZARELLA LLP MAZZARELLA & MAZZARELLA LLP MCA DIRECT MCDOUGAL LOVE ECKIS MEYERS NAVE OFFICE SOLUTIONS BUSINESS NATIONAL Cur? coRPOR VJ WARRANT REGISTER # 49 6/2/2020 DESCRIPTION MOP 80331 AUTO SUPPLIES - PW LIABILITY CLAIM COST LIABILITY CLAIM COST CDBG AGREEMENT: CSA SAN DIEGO COUNTY LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST JUNE 2020 DENTAL INS PREMIER 05-09086000 JUNE 2020 - GRP#05-0908601002 MAY 2020 GRP 05-7029600000 PROPERTY INSURANCE MOP 82766 AUTO SUPPLIES - PW REFUND CLASS FEES/CLASSES SUSPENDED REFUND CLASS FEES/CLASSES SUSPENDED MOP 65179 GENERAL SUPPLIES - PW PSYCH TESTS / PD GRP # R1192Q - JUNE 2020 GRP #N7177A - JUNE 2020 GRP #N7176F - JUNE 2020 GRP # R1192R - JUNE 2020 GRP #R1192A - JUNE 2020 GRP #57135A - MAY 2020 GRP #57135M - JUNE 2020 GRP #LB439A - JUNE 2020 TUIT REIMB JOSSE 2 CLASSES GROUP NO. 104220-0002 - MAY 2020 GRP 104220-01,06,07- MAY 2020 GRP #104220-01, 06, 07 - APRIL 2020 GRP 104220-03, 09 - MAY 2020 GROUP NO 104220-05 - MAY 2020 GRP 104220-7002 - MAY 2020 GRP NO. 104220-7002 - APRIL 2020 REFUND CLASS FEES/CLASSES SUSPENDED LEGAL SERVICES / RISK LIABILITY CLAIM COST MCA DIRECT- NOV 3 2020 ELECTION MATERIAL LIABILITY CLAIM COST LEGAL SERVICES / CMO CITY CLERKS OFFICE FURNITURE CHK NO 347770 347771 347772 347773 347774 347775 347776 347777 347778 347779 347780 347781 347782 347783 347784 347785 347786 347787 347788 347789 347790 347791 347792 347793 347794 347795 347796 347797 347798 347799 347800 347801 347802 347803 347804 347805 347806 347807 347808 347809 347810 347811 347812 347813 347814 347815 347816 347817 DATE 6/2/20 6/2/20 6/2/20 6/2/20 6/2/20 6/2/20 6/2/20 6/2/20 6/2/20 6/2/20 6/2/20 6/2/20 6/2/20 6/2/20 6/2/20 6/2/20 6/2/20 6/2/20 6/2/20 6/2/20 6/2/20 6/2/20 6/2/20 6/2/20 6/2/20 6/2/20 6/2/20 6/2/20 6/2/20 6/2/20 6/2/20 6/2/20 6/2/20 6/2/20 6/2/20 6/2/20 6/2/20 6/2/20 6/2/20 6/2/20 6/2/20 6/2/20 6/2/20 6/2/20 6/2/20 6/2/20 6/2/20 6/2/20 AMOUNT 152.91 112.50 11.35 2,772.12 30,180.32 9,521.32 8,280.00 5,711.00 5,325.50 4,090.00 2,700.00 1,080.00 890.14 536.50 201.60 132.48 14,872.10 416.11 2,421.54 3,000.00 4.42 123.10 123.10 141.40 650.00 1,969.92 1,860.36 1,598.46 832.36 82,431.27 2,504.29 1,252.16 1,190.30 3,326.66 188,408.26 20,445.28 20,445.28 6,797.28 5,830.46 1,183.24 1,183.24 14.00 18,819.65 4,610.00 298.83 853.11 2,138.80 4,512.82 3/4 214 of 392 1r/ CALIFORNIA PAYEE OPTUM PARTS AUTHORITY METRO LLC PENHALL, HANNAH POWERSTRIDE BATTERY CO INC PRO BUILD COMPANY PROFESSIONAL SEARCH GROUP LLC PRUDENTIAL OVERALL SUPPLY RICO, ANDREA SAINT MARY'S CHURCH SALAZAR, YESENIA SOUTH BAY COMMUNITY SERVICES SOUTHERN CALIF TRUCK STOP STAPLES BUSINESS ADVANTAGE T MAN TRAFFIC SUPPLY THE COUNSELING TEAM THE HAWKINS COMPANY THE LINCOLN NATIONAL LIFE INS THE NYHART COMPANY THE STAR NEWS U S BANK UNITED PARCEL SERVICE VALLEY INDUSTRIAL SPECIALTIES WAXIE SANITARY SUPPLY WESTFLEX INDUSTRIAL ZIETLOW, D SECTION 8 HAPS PAYROLL Pay period Start Date 10 5/5/2020 NATIONAL Cilry -NOR VJ WARRANT REGISTER # 49 6/2/2020 DESCRIPTION MONTHLY SVC FEES JAN - MAR 2020 MOP 75943 AUTO SUPPLIES - PW REFUND CLASS FEES/CLASSES SUSPENDED MOP 67839 GENERAL SUPPLIES - PW MOP 45707 GENERAL SUPPLIES - PW TEMP SERVICES MOP 45742 LAUNDRY SERVICES - PW REFUND CLASS FEES/CLASSES SUSPENDED LIABILITY CLAIMS COSTS REFUND CLASS FEES/CLASSES SUSPENDED HOME AGREEMENT: SOUTH BAY COMMUNITY MOP 45758 GENERAL SUPPLIES - PW MOP 45704. OFFICE SUPPLIES / CITY CLERKS MOP 76666 TRAFFIC SUPPLIES - PW EMPLOYEE SUPPORT SVCS EXECUTIVE SEARCH CONSULTANTS/CAO GRP 415491-JUNE2020 ACTUARIAL VALUATION & REPORT SERVICES PUBLIC NOTICE IMPEDIMENTS TO FAIR HOUSING CREDIT CARD CHARGES, FIRE SHIPPING TO HAVIS MOP 46453 AUTO SUPPLIES - PW COVID 19 CLEANING AND DISINFECTING MOP 63850 GENERAL SUPPLIES - PW REFUND HEALTH INS PREMIUM / BANK ERROR Start Date End Date 5/27/2020 6/2/2020 End Date Check Date 5/18/2020 5/27/2020 CHKNO DATE AMOUNT 347818 6/2/20 39.00 347819 6/2/20 373.86 347820 6/2/20 25.39 347821 6/2/20 656.59 347822 6/2/20 1,758.64 347823 6/2/20 2,240.00 347824 6/2/20 163.96 347825 6/2/20 28.00 347826 6/2/20 307.99 347827 6/2/20 25.39 347828 6/2/20 4,043.00 347829 6/2/20 31.02 347830 6/2/20 360.98 347831 6/2/20 899.17 347832 6/2/20 2,400.00 347833 6/2/20 9,000.00 347834 6/2/20 9,399.83 347835 6/2/20 7,250.00 347836 6/2/20 151.19 347837 6/2/20 2,693.13 347838 6/2/20 12.04 347839 6/2/20 64.93 347840 6/2/20 1,308.46 347841 6/2/20 203.15 347842 6/2/20 481.40 AIP Total 626,306.44 1,032,136.20 985,301.16 GRAND TOTAL $ 2,643,743.80 4/4 215 of 392 The following page(s) contain the backup material for Agenda Item: Warrant Register #50 for the period of 6/3/20 through 6/9/20 in the amount of $610,081.95. (Finance) Please scroll down to view the backup material. 216 of 392 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 4, 2020 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #50 for the period of 6/3/20 through 6/9/20 in the amount of $610,081.95. (Finance) PREPARED BY: Karla Apalategui, Senior Accounting Assistant DEPARTMENT: Finance PHONE: 619-336-4572 EXPLANATION: APPROVED BY: Per Government Section Code 37208, attached are the warrants issued for the period 6/3/20 - 6/9/20. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Countywide Mechanical 347854 114,295.84 NC Police Locker Room Upgrade Kimley Horn 347869 54,026.17 Roosevelt Smart Growth Portillo Concrete Inc 347880 88,367.10 Euclid Avenue Bicycle & Ped Whillock Contracting 347907 66,319.07 Paradise Creek Park Site Rem. FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $610,081.95. APPROVED: FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Ratify warrants totaling $610,081.95. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 50 217 of 392 1r/ CALIFORNIA PAYEE AETNA BEHAVIORAL HEALTH ALL FRESH PRODUCTS ASSI SECURITY INC BAJA PARTS & EQUIPMENT INC BAKER ELECTRIC INC BJ'S RENTALS INC CALIFA GROUP CESNAUSKAS, S CHEN RYAN ASSOCIATES INC CLF WAREHOUSE INC COMMERCIAL AQUATIC SERVICE INC COUNTYWIDE MECHANICAL SYSTEMS COX COMMUNICATIONS DANIELS TIRE SERVICE DELL MARKETING L P DEPARTMENT OF TOXIC SUBSTANCES DIAZ, E DISCOUNT SPECIALTY CHEMICALS DSS CORPORATION ESRI INC FASTSIGNS HD SUPPLY CONSTRUCTION HINDERLITER DE LLAMAS HOME DEPOT CREDIT SERVICES JANI-KING OF CALIFORNIA INC JJJ ENTERPRISES KIMLEY HORN MORA, S NATIONAL CITY AUTO TRIM NATIONAL CITY ELECTRIC NATIONAL CITY TROPHY OFFICE SOLUTIONS BUSINESS PACIFIC PRODUCTS & SERVICES PADRE JANITORIAL SUPPLIES PALOMAR HEALTH PARTS AUTHORITY METRO LLC PENSKE FORD PORTILLO CONCRETE INC POWERSTRIDE BATTERY CO INC PRO BUILD COMPANY PRUDENTIAL OVERALL SUPPLY QUAL CHEM CORPORATION SAM'S ALIGNMENT SCST INC SDG&E SHARP ELECTRONICS CORPORATION SITEONE LANDSCAPE SUPPLY LLC SOUTHERN CALIF TRUCK STOP NATIONAL CITy coRPOR VJ WARRANT REGISTER # 50 6/9/2020 DESCRIPTION EMPLOYEE ASSISTANCE PROGRAM - JUNE CONSUMABLES NUTRITION COVID 19 CITY WIDE DOOR SECURITY SERVICES TRACTOR SEAT LAS PALMAS POOL ELECT. REPLC. LAS PALMAS POOL CALIFA BROADBAND FY20 EDUCATION REIMBURSEMENT 24TH ST TODO MOP 80331 AUTO SUPPLIES - PW CHEMICALS - CHLORINE, ACID TABLETS NC POLICE DEPT LOCKER ROOM UPGRADE COX DATA VIDEO SERVICES FY20 MOP 76986 TIRES CITY VEHICLES - PW DELL OPTIPLEX 3070 SFF MLK PUBLIC WORKS YARD HAZMAT PICK UP EDUCATION REIMBURSEMENT LIQUID LIVE ENZYME ANNUAL RENEWAL 4/10/20-4/9/21 ESRI ARC GIS RENEWAL MOUNTING HARDWARE XL LIME CL2 BLACK BOTTOM PAD POCKET CALL W/ CITY 4/30/20 STAFF TIM/MATT GENERAL SUPPLIES FOR FY 2020 DISINFECTING SERVICE - KIMBALL REC CENTER FIRE AND SECURITY ALARM MONITORING ROOSEVELT SMART GROWTH EDUCATION REIMBURSEMENT R&M CITY VEHICLES AS NEEDED FY 2020 CITYWIDE ON -SITE ELECTRICAL MOP 66556 OFFICE SUPPLIES - PW INFTHERMOMETER / COVID19 HEAVY DUTY ANCHOR CONSUMABLES NUTRITION COVID 19 PALOMAR HEALTH SERVICES MOP 75943 AUTO SUPPLIES - PW R&M CITY VEHICLES FOR FY 2019 EUCLID AVENUE BICYCLE & PED. MOP 65179 GENERAL SUPPLIES - PW VARIOUS SAFETY SUPPLIES / PW MOP 45742 LAUNDRY SERVICES - PW Q135 TORNADO SOAP / PW WHEEL ALIGNMENT SERVICE FOR CITY EUCLID AVE. BICYCLE & PED. GAS AND ELECTRIC UTILITIES FOR MAINTENANCE 20 SHARP COPIERS FOR FY20 MOP 69277 LANDSCAPE SUPPLIES - PW MOP 45758 AUTO SUPPLIES - PW CHK NO 347843 347844 347845 347846 347847 347848 347849 347850 347851 347852 347853 347854 347855 347856 347857 347858 347859 347860 347861 347862 347863 347864 347865 347866 347867 347868 347869 347870 347871 347872 347873 347874 347875 347876 347877 347878 347879 347880 347881 347883 347884 347885 347886 347887 347888 347889 347890 347891 DATE 6/9/20 6/9/20 6/9/20 6/9/20 6/9/20 6/9/20 6/9/20 6/9/20 6/9/20 6/9/20 6/9/20 6/9/20 6/9/20 6/9/20 6/9/20 6/9/20 6/9/20 6/9/20 6/9/20 6/9/20 6/9/20 6/9/20 6/9/20 6/9/20 6/9/20 6/9/20 6/9/20 6/9/20 6/9/20 6/9/20 6/9/20 6/9/20 6/9/20 6/9/20 6/9/20 6/9/20 6/9/20 6/9/20 6/9/20 6/9/20 6/9/20 6/9/20 6/9/20 6/9/20 6/9/20 6/9/20 6/9/20 6/9/20 AMOUNT 1,016.72 1,283.45 1,855.00 240.10 13,775.00 2,520.64 4,922.98 305.23 35,945.00 140.18 803.54 114,295.84 619.22 1,513.81 16,644.77 436.94 500.39 461.34 2,875.00 10,200.00 43.50 97.38 75.00 216.41 600.00 6,624.14 54,026.17 136.00 557.12 750.00 185.97 1,318.55 976.96 621.28 4,050.00 256.35 1,069.15 88,367.10 339.40 4,765.49 527.59 552.97 140.00 9,888.00 17,727.11 2,044.47 244.00 84.04 1/2 218 of 392 1r/ CALIFORNIA PAYEE SPEEDPRO IMAGING STAPLES BUSINESS ADVANTAGE STC TRAFFIC SUNBELT RENTALS, INC. SWEETWATER AUTHORITY SYSCO SAN DIEGO INC TARGET SPECIALTY PRODUCTS THE STAR NEWS VERIZON WIRELESS VIDEO TRACK LLC VISTA PAINT WAXIE SANITARY SUPPLY WEST COAST ARBORISTS WESTFLEX INDUSTRIAL WETMORES WHILLOCK CONTRACTING WILLY'S ELECTRONIC SUPPLY ZUMAR INDUSTRIES INC NATIONAL Cilry -NOR VJ WARRANT REGISTER # 50 6/9/2020 DESCRIPTION DECALS / PW MOP OFFICE SUPPLIES/HED SWEETWATER ROAD MEDIAN LAS PALMAS POOL WATER BILL FOR FACILITIES FY 2020 FOOD / NUTRITION TURF AND ORNAMENTAL FIELD DAY SEMINAR ADVERTISING NOTICES FOR FY20 VERIZON CELLULAR SERVICES FOR FY20 LIABILITY CLAIM COST CROWN PREFORM THERMO WHITE LNE MISCELLANEOUS JANITORIAL SUPPLIES, ONGOING TREE TRIMMING SERVICE AS MOP 63850 GENERAL SUPPLIES - PW MOP 80333 AUTO SUPPLIES - PW PARADISE CREEK PARK SITE REM. MOP 45763 ELECTRIC SUPPLIES - PW BORDER ONLY STENCIL GRAND TOTAL CHK NO DATE AMOUNT 347892 6/9/20 232.75 347893 6/9/20 111.58 347894 6/9/20 33,569.38 347895 6/9/20 2,584.28 347896 6/9/20 9,441.79 347897 6/9/20 16,830.52 347898 6/9/20 276.00 347899 6/9/20 1,117.24 347900 6/9/20 11,618.77 347901 6/9/20 14,358.50 347902 6/9/20 3,744.92 347903 6/9/20 2,002.87 347904 6/9/20 39,362.00 347905 6/9/20 125.93 347906 6/9/20 26.53 347907 6/9/20 66,319.07 347908 6/9/20 354.46 347909 6/9/20 1,366.06 A/P Total 610,081.95 $ 610,081.95 2/2 219 of 392 The following page(s) contain the backup material for Agenda Item: Warrant Register #51 for the period of 6/10/20 through 6/16/20 in the amount of $1,722,877.48. (Finance) Please scroll down to view the backup material. 220 of 392 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 4, 2020 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #51 for the period of 6/10/20 through 6/16/20 in the amount of $1,722,877.48. (Finance) PREPARED BY: Karla Apalategui, Senior Accounting Assistant DEPARTMENT: Finance PHONE: 619-336-4572 EXPLANATION: APPROVED BY: Per Government Section Code 37208, attached are the warrants issued for the period 6/10/20 - 6/16/20. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Dick Miller Inc 347935 216,033.49 Paradise Creek Park Expansion FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $1,722,877.48. APPROVED: FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Ratify warrants totaling $1,722,877.48. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 51 221 of 392 1r/ CALIFORNIA PAYEE COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO 24 HOUR ELEVATOR INC ACADEMI TRAINING CENTER LLC ACE UNIFORMS & ACCESSORIES INC AMERICAN BACKFLOW SPECIALTIES ARJIS AZTECA SYSTEMS LLC BRODART CO CAPF CALIFORNIA LAW ENFORCEMENT CALIFORNIA LIBRARY ASSOCIATION CALPERS - FINANCIAL REPORTING CHEN RYAN ASSOCIATES INC CITY OF CHULA VISTA CITY OF NATIONAL CITY CLEAN HARBORS ENVIRONMENTAL CONCENTRA MEDICAL CENTERS CONCENTRA MEDICAL CENTERS COUNTYWIDE MECHANICAL SYSTEMS CSULB FOUNDATION DAY WIRELESS SYSTEMS DEPARTMENT OF JUSTICE DEPT OF JUSTICE DICK MILLER INC D-MAX ENGINEERING INC ELIZONDO, ERIC ENTERPRISE FLEET MANAGEMENT ESGIL CORPORATION EXPERIAN GONZALES, R HMS CONSTRUCTION INC HONOR LIFE MEMORIALS INNOVATIVE CONSTRUCTION IRON MOUNTAIN JJJ ENTERPRISES KTUA LANGUAGE LINE SERVICES LIEBERT CASSIDY WHITMORE LOCAL 221 SEIU MUNICIPAL EMP. NATIONAL CITY ELECTRIC NBS NERI LANDSCAPE ARCHITECTURE NEW READERS PRESS NV5 INC OFFICE SOLUTIONS BUSINESS PALOMAR HEALTH PROFESSIONAL SEARCH GROUP LLC NATIoNAL ciTir -N OR ED WARRANT REGISTER # 51 6/16/2020 DESCRIPTION COUNTY OF SD/PARKING CITATION REVENUE/MARCH COUNTY OF SD/PARKING CITATTION REVENUE/APRIL SERVICE, INSPECT AND MAINTENANCE RANGE USE / PD COLOR GUARD UNIFORM / PD PURCHASE OF BACKFLOW, GUAGES & VALVES / PW ARJIS SOFTWARE / PD WEB BASED PROGRAM / PW BOOKS AS NEEDED FOR FY21 JUNE 2020 - FIRE LTD JUNE 2020 -PD LTD CLA MEMBERSHIP CITY LIBRARIAN GASB 68 REPORTS 6/8/20 SWEETWATER ROAD NC PED. ADA PETTY CASH REPLENISHMENT FEB 2020 CONTRACT SERVICES PRE EMP PHYSICAUSERPA, A & GARCIA, J PRE EMPLYMENT PHYSICAL/ALBERT JENKINS CITYWIDE ON -SITE HVAC SERVICES, TRAINING TUITION FTP SAC FOR RGNZLS / PD QUARTERLY BILLING NEW EMP FINGERPRINT/DOJ APRIL FINGERPRINTS / PD PARADISE CREEK PARK EXPANSION PC WATER QUALITY & COMM. ENH. REFUND CLASS FEES/CLASSES SUSPENDED ENTERPRISE FLEET LEASE - ENG ESGIL - PLAN REVIEW SERVICES CREDIT CHECKS TRAINING POST ADV SUB FTP GNZLS R / PD HIGHLAND AVE. TRAFFIC SIGNAL MOD. WALL PAVER ENGRAVING EUCLID (CYCLE & PED EHN. RECORD MANAGEMENT AND STORAGE FOR FY20 FIRE AND SECURITY ALARM MONITORING ROOSEVELT AVE. SMART GROWTH LANGUAGE LINE NON EMERGENCY CLIENT MATTER#NA040-00019 REBECCA JONES #3579 MEA DUES CITYWIDE ON -SITE ELECTRICAL LANDSCAPE MAINTENANCE DISTRICT - NBS PARADISE CREEK PARK NEWS FOR YOU SUBSCRIPTION SEWER USER SURVEY & TAX ROLL HAND SANITIZER 8 .5 OUNCES - COVID 19 SART EXAM TEMP SERVICES CHK NO 347910 347911 347912 347913 347914 347915 347916 347917 347918 347919 347920 347921 347922 347923 347925 347926 347927 347928 347929 347930 347931 347932 347933 347934 347935 347936 347937 347938 347939 347940 347941 347942 347943 347944 347945 347946 347947 347948 347949 347950 347951 347952 347953 347954 347955 347956 347957 347958 DATE 6/16/20 6/16/20 6/16/20 6/16/20 6/16/20 6/16/20 6/16/20 6/16/20 6/16/20 6/16/20 6/16/20 6/16/20 6/16/20 6/16/20 6/16/20 6/16/20 6/16/20 6/16/20 6/16/20 6/16/20 6/16/20 6/16/20 6/16/20 6/16/20 6/16/20 6/16/20 6/16/20 6/16/20 6/16/20 6/16/20 6/16/20 6/16/20 6/16/20 6/16/20 6/16/20 6/16/20 6/16/20 6/16/20 6/16/20 6/16/20 6/16/20 6/16/20 6/16/20 6/16/20 6/16/20 6/16/20 6/16/20 6/16/20 AMOUNT 9,180.00 2,495.00 3,131.36 400.00 445.85 1,173.35 13,161.00 3,400.00 355.56 1,062.00 2,058.00 165.00 4,500.00 4,974.20 4,500.00 397.56 1,428.82 652.00 326.00 5,197.65 316.00 3,144.00 128.00 1,114.00 216,033.49 396.03 19.24 8,781.46 32,313.04 94.37 468.00 42,648.97 1,675.00 24,845.50 213.21 850.00 8,763.00 336.39 9,106.57 220.50 5,529.50 1,500.00 3,795.00 491.25 7,880.00 1,545.54 1,350.00 1,120.00 1/2 222 of 392 1r/ CALIFORNIA PAYEE AZTEC APPLIANCE INC S D COUNTY SHERIFF'S DEPT SAN DIEGO PLASTICS INC SAN DIEGO POLICE EQUIPMENT SAN DIEGO UNION TRIBUNE SASI SDG&E SHARP REES STEALY MED GROUP SMART SOURCE OF CALIFORNIA LLC STAPLES BUSINESS ADVANTAGE STC TRAFFIC SWEETWATER AUTHORITY SYMBOLARTS, LLC TECHNOLOGY INTEGRATION GROUP TERMINIX INTERNATIONAL T'S & SIGNS U S BANK VCA EMERGENCY ANIMAL HOSPITAL VORTEX INDUSTRIES INC WAXIE SANITARY SUPPLY WEST PAYMENT CENTER SECTION 8 HAPS PAYROLL Pay period Start Date 11 5/19/2020 NATIONAL CITY' -N coRPort ATV) J WARRANT REGISTER # 51 6/16/2020 DESCRIPTION APPLIANCE / PW RANGE USE / PD SIGN MATERIAL - COVID 19 SIGNAGE VEST GONZALES / PD LEGAL -PUBLIC HEARING AND PUBLIC NOTICE SASI ACCOUNTING CHGS 6/1/2020 GAS AND ELECTRIC UTILITIES / NUTRITION DMV EXAM/PRE EMP PHYS/CASILLAS/MORRISON MOP 63845. BUSINESS CARDS/ COMM SERVICES CAMACHO FILE SMALL FILE CABINET CITYWIDE TRAFFIC SIGNAL T. WATER BILL FOR FACILITIES FY 2020 BADGES PD MIS EQUIP CITY OWNED FACILITIES ONGOING PEST CAMACHO AND CASA BACKPACKS US BANK CREDIT CARD CHARGES, ENG & PW STRAY ANIMAL VET CARE CITY WIDE ON SITE SERVICE AND REPAIRS MISCELLANEOUS JANITORIAL SUPPLIES INVESTIGATIONS / PD Start Date End Date 6/10/2020 6/16/2020 End Date Check Date 6/1/2020 6/10/2020 GRAND TOTAL CHK NO DATE AMOUNT 347959 6/16/20 4,957.91 347960 6/16/20 400.00 347961 6/16/20 130.50 347962 6/16/20 890.67 347963 6/16/20 1,404.24 347964 6/16/20 50.10 347965 6/16/20 476.41 347966 6/16/20 411.00 347967 6/16/20 161.65 347968 6/16/20 635.16 347969 6/16/20 23,387.05 347971 6/16/20 11,402.88 347972 6/16/20 871.42 347973 6/16/20 1,397.71 347974 6/16/20 1,125.00 347975 6/16/20 452.40 347976 6/16/20 11,413.43 347977 6/16/20 450.01 347978 6/16/20 18,622.48 347979 6/16/20 1,518.55 347980 6/16/20 1,862.40 A/P Total 515,702.38 6,497.00 1,200,678.10 $ 1,722,877.48 2/2 223 of 392 The following page(s) contain the backup material for Agenda Item: Warrant Register #52 for the period of 6/17/20 through 6/23/20 in the amount of $633,356.04. (Finance) Please scroll down to view the backup material. 224 of 392 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 4, 2020 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #52 for the period of 6/17/20 through 6/23/20 in the amount of $633,356.04. (Finance) PREPARED BY: Karla Apalategui, Senior Accounting Assistant DEPARTMENT: Finance PHONE: 619-336-4572 EXPLANATION: APPROVED BY: Per Government Section Code 37208, attached are the warrants issued for the period 6/17/20 - 6/23/20. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Esgil Corporation 348015 112,648.09 Inspection Services — Esgil National Auto Fleet Group 348042 124,671.85 2019 Ford Super Duty F450 Drw SDG&E 348057 58,666.37 Gas and Electric Utilities FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $633,356.04. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION FINANCE MIS STAFF RECOMMENDATION: Ratify warrants totaling $633,356.04. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 52 225 of ;3Y2 1r/ CALIFORNIA PAYEE DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP SMART SOURCE OF CALIFORNIA LLC AARDVARK ACE UNIFORMS & ACCESSORIES INC ACME SAFETY & SUPPLY CORP ADAMSON POLICE PRODUCTS AIRGAS USA LLC AZTECA SYSTEMS LLC BAKER & TAYLOR BJ'S RENTALS INC BJ'S RENTALS INC BRODART CO CALIFORNIA ASSOCIATION OF CANON SOLUTIONS AMERICA INC. CLAIMS MANAGEMENT ASSOCIATES CLF WAREHOUSE INC DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DAY WIRELESS SYSTEMS (20) DPREP INC ESGIL CORPORATION FLEET SERVICES INC GRAINGER HAAKER EQUIPMENT COMPANY HD SUPPLY CONSTRUCTION AND HOME DEPOT CREDIT SERVICES JJJ ENTERPRISES KF 16TH LLC KONA ICE LITTLE SAN DIEGO LEFORT'S SMALL ENGINE REPAIR LEHR AUTO ELECTRIC LIEBERT CASSIDY WHITMORE LUTH AND TURLEY INC. LYNN PEAVEY COMPANY MAN K9 INC NATIONAL CiTr -N OR ED WARRANT REGISTER # 52 6/23/2020 DESCRIPTION LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS MOP 24302 PD SUPPLIES 3 MAG TRANSPORT BOXES UNIFORMS / SUPPLIES ACME UNIFORM/ NSD LESS LETHAL / PD MOP 45714 GENERAL SUPPLIES - PW WEB BASED PROGRAM / PW BOOKS AS NEEDED FOR FY20 CAMACHO GYM -EQUIP. RENTAL CAMACHO GYM -EQUIP. RENTAL BOOKS AS NEEDED FOR FY20 CACEO COURSE CORDOVA / NSD PLOTWAVE 345 PROFESSIONAL SERVICES MOP 80331 GENERAL SUPPLIES - PW LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST COMMS EQUIPMENT SERVICE CRITICAL INCIDENT TRAININGS / PD INSPECTION SERVICES - ESGIL K003803, CALIPER RATIONALISED VARIOUS SAFETY SUPPLIES AS NEEDED ELEVATOR SHAFT, UPPER SUPPLIES BOOTS CASA DE SALUD YOUTH REC CENTER STORAGE B FIRE ALARM INSTALL AT ARTS - ENG/PW T&A90410 VISTA HIGHLAND (BOND) NAT CITY SHARED STREETS KICK OFF ICE MOP 80702 GENERAL SUPPLIES - PW SETINA BOX - SD EMPLOYMENT RELATIONS CONSORTIUM LIABILITY CLAIM COST PE SUPPLIES K9 SERVICE TRAINING CHK NO 347981 347982 347983 347984 347985 347986 347987 347988 347989 347990 347991 347992 347993 347994 347995 347996 347997 347998 347999 348000 348001 348002 348003 348004 348005 348006 348007 348008 348009 348010 348011 348012 348013 348014 348015 348016 348017 348018 348019 348020 348021 348022 348023 348024 348025 348026 348027 348028 348029 DATE 6/22/20 6/22/20 6/22/20 6/22/20 6/22/20 6/22/20 6/22/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 AMOUNT 12,712.65 3,432.00 3,420.00 3,337.00 702.45 646.00 227.21 445.77 410.33 76.18 2,137.55 157.63 100.00 78.94 8,222.29 2,203.85 128.34 221.00 298.58 6,400.00 410.55 5,520.50 5,417.84 3,684.00 2,227.20 1,771.75 1,760.00 1,240.50 620.60 560.00 361.00 190.00 1,676.29 3,000.00 112,648.09 1,693.35 901.23 1,578.54 219.50 107.53 34,900.00 5,000.00 225.00 203.36 938.06 405.00 43,106.68 270.78 1,040.00 1/3 226 of 392 1r/ CALIFORNIA PAYEE MASON'S SAW MAZZARELLA & MAZZARELLA LLP MAZZARELLA & MAZZARELLA LLP MAZZARELLA & MAZZARELLA LLP MAZZARELLA & MAZZARELLA LLP MAZZARELLA & MAZZARELLA LLP MAZZARELLA & MAZZARELLA LLP MAZZARELLA & MAZZARELLA LLP MCDOUGAL LOVE ECKIS MEYERS NAVE MOTOROLA SOLUTIONS INC MUNOZ, L NATIONAL AUTO FLEET GROUP NATIONAL CITY CAR WASH NATIONAL CITY ELECTRIC NATIONAL CITY TROPHY NORTH AMERICAN RESCUE LLC OFFICE SOLUTIONS BUSINESS O'REILLY AUTO PARTS PARTS AUTHORITY METRO LLC PARTS AUTHORITY METRO LLC POWERSTRIDE BATTERY CO INC PRO BUILD COMPANY PROFESSIONAL SEARCH GROUP LLC PROFORCE LAW ENFORCEMENT PRO -TECH INDUSTRIES PRUDENTIAL OVERALL SUPPLY SDG&E SITEONE LANDSCAPE SUPPLY LLC SMART & FINAL SOUTHERN CALIF TRUCK STOP SPECIAL SERVICES GROUP LLC SRN SYSTEMS, INC STAPLES BUSINESS ADVANTAGE STATEWIDE TRAFFIC SAFETY SUPERIOR READY MIX CONCRETE LP SWEETWATER AUTHORITY TRI TECH FORENSICS INC T'S & SIGNS U S BANK ULINE UNDERGROUND SERVICE ALERT VCA EMERGENCY ANIMAL HOSPITAL VICTOR STANLEY INC VIDEO TRACK LLC VIDEO TRACK LLC VIDEO TRACK LLC VIDEO TRACK LLC VIDEO TRACK LLC NATIONAL CiTr -N OR ED WARRANT REGISTER # 52 6/23/2020 DESCRIPTION MOP 45729 LANDSCAPE GENERAL SUPPLIES - PW LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST PROFESSIONAL SERVICES / CAO CONSULTING SERVICES MOU NEGOTIATION/ LAB M25URS9PW1AN. APX6500 7/800 MHZ MOBILE REIMB / POLICE RECRUIT AGILITY TEST 2019 FORD SUPER DUTY F450 DRW (X4G) CAR WASH SERVICES FOR CITY FLEET FY 2020 CITYWIDE ON -SITE ELECTRICAL MOP 66556 OFFICE SUPPLIES - PW RAPID RESPONSE KIT - BLK- FIRE MOP 25003 PD SUPPIES MOP 75877 AUTO SUPPLIES - PW MOP 75943 AUTO SUPPLIES - PW MOP 75943 AUTO SUPPLIES - PW PC150S ODYSSEY BATTERY MATERIALS FOR TRAINING TOWER TEMP SERVICES TASER CARTRIDGES AND GUN VIREX DISINFECTANT CLEANER MOP 45742 LAUNDRY SERVICES - PW GAS AND ELECTRIC UTILITIES MOP 69277 LANDSCAPE SUPPLIES - PW MOP 45756, FIRE CHARGES MOP 45758 GENERAL AUTO SUPPLIES - PW TRACKING SERVICE 187 BARRIERS / PW MOP 20468 PD SUPPLIES ADDITIONAL INVOICE 01005928 GRANITE WATER BILL FOR FACILITIES FY 2020 PE SUPPLIES / PD CAVID 19 STAFF REUSABLE MASKS CREDIT CARD STATEMENT BRAD PE SUPPLIES / PD UNDERGROUND SERVICE ALERT FY 2020 STRAY ANIMAL CARE LITTER RECEPTACLE / ENG LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST CHK NO 348030 348031 348032 348033 348034 348035 348036 348037 348038 348039 348040 348041 348042 348043 348044 348045 348046 348047 348048 348049 348050 348051 348052 348053 348054 348055 348056 348057 348058 348059 348060 348061 348062 348063 348064 348065 348066 348067 348068 348069 348070 348071 348072 348073 348074 348075 348076 348077 348078 DATE 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 6/23/20 AMOUNT 244.29 18,323.00 11,430.00 3,793.75 3,388.50 1,221.00 150.00 67.95 7,030.00 2,138.80 6,474.99 14.38 124,671.85 350.00 6,712.00 48.88 5,424.70 440.45 39.74 186.55 12.33 876.20 8,404.15 960.00 18,414.00 144.21 803.22 58,666.37 322.51 39.53 185.84 600.00 2,355.35 2,127.18 1,011.45 259.90 5,882.99 6,559.01 701.44 88.50 210.78 457.09 2,391.42 16,335.20 2,333.00 686.00 464.50 85.00 70.00 2/3 227 of 392 PAYEE VISTA PAINT VULCAN MATERIALS COMPANY WEST COAST ARBORISTS WESTAIR GASES & EQUIPMENT INC WETMORES WILLY'S ELECTRONIC SUPPLY 1/✓ CALIFORNIA NATIONAL CITir avy TN O R ED WARRANT REGISTER # 52 6/23/2020 DESCRIPTION MOP 68834 TRAFFIC PAINT - PW 3/4" CL BASE ONGOING TREE TRIMMING SERVICE GLOVES 75238, TACOMA RECEIVER MOP 45763 GENERAL SUPPLIES - PW GRAND TOTAL CHK NO DATE AMOUNT 348079 6/23/20 933.08 348080 6/23/20 366.61 348081 6/23/20 28,124.00 348082 6/23/20 494.60 348083 6/23/20 2,087.16 348084 6/23/20 717.47 A/P Total 633,356.04 $ 633,356.04 3/3 228 of 392 The following page(s) contain the backup material for Agenda Item: Warrant Register #53 for the period of 6/24/20 through 6/30/20 in the amount of $2,081,628.61. (Finance) Please scroll down to view the backup material. 229 of 392 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 4, 2020 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #53 for the period of 6/24/20 through 6/30/20 in the amount of $2,081,628.61. (Finance) PREPARED BY: Karla Apalategui, Senior Accounting Assistant DEPARTMENT: Finance PHONE: 619-336-4572 EXPLANATION: APPROVED BY: Per Government Section Code 37208, attached are the warrants issued for the period 6/24/20 - 6/30/20. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation CSAC Excess Ins Auth 348103 186,748.00 Excess WC Premiums Russ Bassett Corp 348127 117,994.69 Consoles / PD South County Economic 348137 200,000.00 Small Business Loans for Covid 19 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $2,081,628.61. APPROVED: FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Ratify warrants totaling $2,081,628.61. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 53 230 of 392 1r/ CALIFORNIA PAYEE CHULA VISTA POLICE FOUNDATION LOMA MEDIA PARTNERS NBS SHRED IT USA VERIZON WIRELESS YOUNG, G ACE UNIFORMS & ACCESSORIES INC ADDICTION MEDICINE AMAZON AT&T AT&T BEHAVIOR ANALYSIS TRAINING INC CHEROKEE PRODUCTIONS INC COMMERCIAL AQUATIC SERVICE INC CORBIN & ASSOCIATES, INC COUNTYWIDE MECHANICAL SYSTEMS COX COMMUNICATIONS CSA SAN DIEGO COUNTY CSAC EXCESS INS AUTHORITY DALEY & HEFT LLP DIMENSION DATA D-MAX ENGINEERING INC GALLS INC GONZALES, R GOVERNMENT TRAINING AGENCY GRANICUS INC GROSSMAN PSYCHOLOGICAL IPS GROUP INC JJJ ENTERPRISES LACAL EQUIPMENT INC LASER SAVER INC MACHADO, R MAN K9 INC MAN K9 INC MEGLA MANUFACTURING INC OCCAM VIDEO SOLUTIONS OFFICE SOLUTIONS BUSINESS OPENGOV INC PEACE OFFICERS RESEARCH PENSKE FORD POLICE AND FIRE PSYCHOLOGY RELY ENVIRONMENTAL RUSS BASSETT CORP. S D COUNTY SHERIFFS DEPT SAN DIEGO PET SUPPLY SAN DIEGO POLICE EQUIPMENT SAN DIEGO REGIONAL COMPUTER SCLLN NATIoNAL ciTir -N RPort ATV') WARRANT REGISTER # 53 6/30/2020 DESCRIPTION AMERICA STRONG AND UNITED PROF SERVICES - CENSUS MARKETING NBS - LANDSCAPE MAINTENANCE DISTRICT SHRED SERVICE 3215 CAGLE/TOWER DUMP REIMB: YOUNG/FLAGBOX/FBINA UNIFORM SUPPLIES D.O.T DRUG AND ALCOHOL - TESTING PROGRAM COVID-19-GLASS CLAMP CLIPS-ENG/PW AT&T SBC ANNUAL PHONE SERVICE FOR FY20 AT&T SBC ANNUAL PHONE SERVICE FOR FY20 TRAINING TUITION INV INTER INTER TRAINING TUITION PUBLIC SAFETY CHEMICALS - CHLORINE, ACID TABLETS FOR POOL TRAINING TUITION SRO PALAMBO CITYWIDE ON -SITE HVAC SERVICES COX DATA VIDEO SERVICES FY20 CDBG AGREEMENT: CSA SAN DIEGO COUNTY EXCESS WORKERS' COMPENSATION PREMIUS LIABILITY CLAIM COSTS SMARTNET RENEWAL - HARDWARE PARADISE CREEK AT KIMBALL POLICE EQUIPMENT TRAINING ADV SUB MEDIA SEMINAR TRAINING TUITION TC INV ACEVEDO GOVACCESS HOSTING AND LICENSING PSYCH EXAMS ENFORCEMENT SERVICES MARCH FIRE AND SECURITY ALARM MONITORING, LOWER CONVEYOR SHAFT MOP_04840_PD SUPPLIES REIMB:MACHADO MEEKS COVID CANINE FOOD CANINE TRAINING SUPPLIES FOR PW VIDEO EDITING SOFTWARE MOP 83778/SANITIZER,MASKS FINANCE COVID OPENGOV RENEWAL 7/1/20-6/30/21- PORAC/PD R&M CITY VEHICLES FOR FY 2019 PSYCH EXAMS CONTRACT SERVICES CONSOLES / PD FIRING RANGE MOP_02975_PD FOOR FOR K-9 POLICE EQUIPMENT DIGITAL FORENSIC LAB 2020 MEMBERSHIP DUES FOR SCLLN CHK NO 348085 348086 348087 348088 348089 348090 348091 348092 348093 348094 348095 348096 348097 348098 348099 348100 348101 348102 348103 348104 348105 348106 348107 348108 348109 348110 348111 348112 348113 348114 348115 348116 348117 348118 348119 348120 348121 348122 348123 348124 348125 348126 348127 348128 348129 348130 348131 348132 DATE 6/30/20 6/30/20 6/30/20 6/30/20 6/30/20 6/30/20 6/30/20 6/30/20 6/30/20 6/30/20 6/30/20 6/30/20 6/30/20 6/30/20 6/30/20 6/30/20 6/30/20 6/30/20 6/30/20 6/30/20 6/30/20 6/30/20 6/30/20 6/30/20 6/30/20 6/30/20 6/30/20 6/30/20 6/30/20 6/30/20 6/30/20 6/30/20 6/30/20 6/30/20 6/30/20 6/30/20 6/30/20 6/30/20 6/30/20 6/30/20 6/30/20 6/30/20 6/30/20 6/30/20 6/30/20 6/30/20 6/30/20 6/30/20 AMOUNT 207.90 46, 625.95 900.29 1,587.90 80.00 190.73 1,044.42 1,200.00 3,120.17 8,973.34 591.32 1,443.00 295.00 874.31 385.00 960.91 3,860.06 2,665.59 186, 748.00 6,457.86 20,686.84 11, 925.48 13,523.59 256.00 850.00 17,017.09 650.00 4,025.32 90.00 720.56 389.11 62.86 242.44 1,040.00 1,630.00 995.00 948.62 10,925.00 96.00 875.29 650.00 15,670.08 117, 994.69 1,700.00 875.89 1,260.42 12,000.00 150.00 1/2 231 of 392 1r/ CALIFORNIA PAYEE SDG&E SEECLICKFIX INC SHRED IT USA SONSRAY MACHINERY LLC SOUTH COUNTY ECONOMIC SPECIAL SERVICES GROUP LLC SPEEDPRO IMAGING SPOK INC STAPLES BUSINESS ADVANTAGE STARTECH COMPUTERS SWEETWATER AUTHORITY THE BANK OF NEW YORK MELLON THE BUMPER GUY INC TRAINING INNOVATIONS INC U S BANK UNITED PARCEL SERVICE VERIZON WIRELESS VULCAN MATERIALS COMPANY WSP USA INC PAYROLL Pay period Start Date 12 6/2/2020 NATIONAL ClIrr INCORPORATED _J WARRANT REGISTER # 53 6/30/2020 DESCRIPTION GAS & ELECTRIC UTILITIES FOR PW FY 2020 SEECLICKFIX CONNECTOR FOR CITYWORKS AMS SHRED IT SERVICE REPAIR HYDRAULIC LEAK SMALL BUSINESS LOANS FOR COVID 19 REPLACEMENT BATTERY DECALS / IMAGE METROCALL PAGING FOR FY20 OFFICE FURNITURE IA/ RECRUITING COMPUTER ACCESSORIES WATER BILL FOR FACILITIES FY 2020 CUSTODIAN FEE PERIOD JAN 1 TO MAR 31, 2020 MATERIAL PAINT TRAINING TMS SOFTWARE SUPPORT MOP 19657 PD SUPPLIES MOP 05274 PD SHIPPING VERIZON CELLULAR SERVICES FOR FY20 COLD MIX 3/8 FOCUSED GENERAL PLAN UPDATE / ENG End Date 6/15/2020 Check Date 6/24/2020 GRAND TOTAL CHK NO DATE AMOUNT 348133 6/30/20 28,698.13 348134 6/30/20 2,500.00 348135 6/30/20 118.60 348136 6/30/20 210.00 348137 6/30/20 200,000.00 348138 6/30/20 152.25 348139 6/30/20 832.51 348140 6/30/20 656.66 348141 6/30/20 1,821.74 348142 6/30/20 269.89 348143 6/30/20 19,104.08 348144 6/30/20 300.00 348145 6/30/20 1,304.82 348146 6/30/20 750.00 348147 6/30/20 6,049.25 348148 6/30/20 90.60 348149 6/30/20 118.03 348150 6/30/20 1,078.79 348151 6/30/20 42,354.31 A/P Total 811,871.69 1,269,756.92 $ 2,081,628.61 2/2 232 of 392 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 the off -site sale of alcohol and a Consistency Review for a new 7-Eleven to be located at 110 National City Blvd. (Applicant: Steven Pollock) (Case File No. 2020-05 CUP, DSP) (Planning) Please scroll down to view the backup material. 233 of 392 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 4, 2020 ITEM TITLE: Public Hearing and adoption of a Resolution regarding a Conditional Use Permit (CUP) for the off -site sale of alcohol and a Consistency Review for a new 7-Eleven to be located at 110 National City Blvd. (Applicant: Steven Pollock) (Case File No. 2020-05 CUP, DSP) ✓ Ac PREPARED BY: Martin Reeder, AICP — Principal Planner PHONE: 619-336-4313 EXPLANATION: The applicant has applied for a CUP and Downtown Specific Plan Consistency Review (DSP) to construct a 7-Eleven convenience store in a new 2,700 square -foot commercial building. The property is currently developed with a convenience store (One Ten Liquor) — proposed to be demolished — which has a legal non- conforming Type 21 (off -sale general) Alcohol Beverage Control (ABC) license. The convenience store proposes to sell beer, wine, and distilled spirits for off -site consumption from 6:00 a.m. to midnight daily. The Planning Commission conducted a public hearing on June 1, 2020 and voted to approve the DSP and recommended approval to the City Council of the CUP, based on required findings and subject to Conditions of Approval. The City Council considered the Notice of Decision for the project at their meeting of June 16, 2020 and held the item over for a public discussion in order to discuss the project in greater detail. DEPARTMENT: C APPROVED BY: AGENDA ITEM NO. evelopment The attached background staff report describes the proposal in detail. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Categorical Exemption — Class 32, Section 15332 (In -Fill Development Projects) Finance ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: MIS STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends approval subject to the attached conditions. BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Dela Paz, Sendt, Natividad, Flores Nays: Yamane, Garcia ATTACHMENTS: 1. Background Report 2. Recommended Findings & Conditions 3. Overhead 4. Applicant's Plans 5. Public Hearing Notice 6. Community Meeting Information 7. Department Comments 8. Census Tract & Beat Maps 9. City Council Policy 707 10. CEQA Notice of Exemption 11. Planning Commission Report and Resolution 12. Resolution 234 of 3921 BACKGROUND REPORT Staff Recommendation Staff recommends approval of the Conditional Use Permit (CUP) and Downtown Specific Plan Consistency Review (DSP) for a new 7-Eleven convenience store with the sale of beer, wine, and spirits for off -site consumption, based on the attached findings and subject to the attached Conditions of Approval. This recommendation includes approval of requested deviations from design guidelines related to minimum street frontage and floor area ratio (FAR) requirements. Executive Summary The project applicant has applied for a CUP and DSP to construct a 7-Eleven convenience store in a new 2,700 square -foot commercial building. The project site is currently a convenience store (One Ten Liquor) with a legal non -conforming Type 21 (off -sale general) Alcohol Beverage Control (ABC) license. The convenience store proposes to sell beer, wine, and distilled spirits for off -site consumption from 6:00 a.rn. to 2:00 a.m. daily. Conditions of Approval recommend that alcohol sales hours end at midnight. Planning Commission and City Council hearings The Planning Commission conducted a public hearing on June 1, 2020. Commissioners asked questions regarding business operations, property access, and hours of alcohol sales. The Commission voted to approve the DSP and recommended approval to the City Council of the CUP, based on required findings and subject to Conditions of Approval. City Council considered the Notice of Decision for the project at their meeting of June 16, 2020 and held the item over for a public discussion in order to discuss the project in greater detail. Site Characteristics The project site is located at the intersection of National City Boulevard and Osborn Street in Development Zone 1A of the Downtown Specific Plan. The parcel has an existing convenience store (One Ten Liquor), which has a legal non -conforming (no CUP) Type 21 ABC license. The surrounding properties are a mixture of commercial, auto repair, and residential land uses. Proposed Use The applicant is proposing to demolish the existing building and construct a new 2,700 square -foot convenience store. The 13,500 square -foot property would have eight parking spaces and two one-way driveways for ingress and egress to and from National City Blvd. The property is a corner parcel with National City Blvd, wrapping around the north and east portion of the property line. The proposal also includes the sale of beer, ATTACHMENT 1 235 of 392 wine, and spirits. Four six-foot tall coolers are proposed for the display of beer and one for the display of wine; there will also be a four -foot tall gondola with four shelves for a room temperature display of wine. These coolers are located approximately 30 feet from the entrance of the store. The display of spirits would be located behind the sales counter in a six-foot tall cabinet, which only 7-Eleven staff would have access. The applicant is requesting alcohol sales between the hours of 6:00 a.m. and 2:00 a.rn. daily, the maximum permitted by the State. Downtown Specific Plan Consistency Review Projects in the Downtown Specific Plan Area require Consistency Review, which is subject to one of three levels of approval with regard to process. A level one project meets all applicable General Plan, Specific Plan, and Municipal Code requirements; a Level Two project requests variances and/or deviations; a Level Three project requests an amendment to the Downtown Specific Plan that would necessitate additional environmental review (e.g. exceeding the maximum number of units permitted, changing the allowable type of development, etc.). This project is subject to a Level Two Consistency Review, due to the need for variances/deviations from the development standards — the zone requires a minimum 75% street wall and a minimum floor area ratio (FAR) of 3:1 (three times the lot size), both requirements that are not met by the proposed design. The Specific Plan designation and zoning for 110 National City Blvd. is Development Zone 1A of the Downtown Specific Plan, which allows for retail, entertainment or employment uses. These uses may be mixed either horizontally or vertically or developed on a parcel -by -parcel or block -by -block basis. Development may be "auto - oriented" (e.g. drive -through restaurant), but National City Boulevard is to have a pedestrian orientation. Mixed -use developments are highly encouraged. Since this development zone is part of the "gateway" to downtown, and National City Boulevard is intended to be its primary "ceremonial" artery, every effort should be made to strengthen the definition, streetscape and pedestrian character of National City Boulevard's pedestrian streetscape. While mixed -use developments are highly encouraged, they are not required. Development Zone 1A refers to the Major Mixed -Use Corridor (MXC-2) development standards for any development standards not specifically mentioned in the specific plan; as such, the mixed -use zones require buildings to be built to the property line to provide projects that are pedestrian friendly. The proposed 7-Eleven would not be built to the property line, but instead would be constructed with parking in the front and the structure to the rear of the property. 2 236 of 392 The irregular shape of the parcel makes development that meets these requirements, difficult. Along with the requirement to build to the property line, a minimum 75% street wall is also required, meaning that the structure would need to be built along three fourths or more of the street frontage. The only viable automobile access would then be from the alley, meaning customers would need to turn into the alley to park and continue through the alley to exit; One Ten Liquor is currently configured this way and suffers from circulation issues as a result. The current proposal would provide access to and from National City Blvd, which is more appropriate. Public Comment As discussed below, two emails were forwarded to staff related to the online project presentation, which was a requirement of the CUP application. One of which was from a local developer who stated that the proposal did not meet the goals and objectives of the Downtown Specific Plan, in particular as it relates to housing. While it is true that mixed -use development is highly encouraged in the Downtown Specific Plan area, stand-alone retail use is also permitted. Staff reached out to the project applicant about the possibility of including a residential element in the design (as suggested by the developer in the email previously mentioned); however, the applicant stated that it was not economically feasible for them to do so. It should be noted that this area is a gateway to the City and could be developed with a landmark project more in line with the overarching goals of the Downtown Specific Plan. However, it is ultimately up to property owners on what they can and cannot accomplish. Although a more ambitious project is possible, it would likely necessitate parcel assemblage and additional funding, things that the property owner has stated are not possible at this time. Parcel assemblage, in particular, is difficult, due to an alley to the west and established or long-term uses further south on the same block (a single-family residence, a long -operating auto upholstery shop, and a commercial building with a telecommunications facility located on the property). Architecture In order to take advantage of the unique shape of the property, the proposed building is roughly triangle in shape with the longest building frontage roughly parallel to National City Blvd. (this portion of National City Blvd. is angled at approximately 45 degrees to the northwest as it transitions into Main Street in the City of San Diego). While the building design and layout fits well on the lot, the design was initially very straightforward, being primarily a tan -colored painted Concrete Masonry Unit block wall. In order to be of more visual interest, as well as consistent with Land Use Code (LUC) design regulations, a condition has been added to require compliance with code requirements related to building aesthetics and materials, among others (No. 23). 3 237 of 392 In response to comments at the Notice of Decision hearing about needing a design more indicative of a gateway, the applicant has submitted modified elevations of the proposed building (Attachment 4). The new design uses the same footprint, but is higher than the original — 24 feet as opposed to the original 18 feet -six inches — and features a more prominent entrance. There is also a mix of stucco and painted concrete brick, as well as additional accent trim. This has improved the aesthetic of the design. Findings for Approval of the Consistency Review There are no formal findings for approval of a Consistency Review, other than determining consistency with the Downtown Specific Plan. However, the following three findings are included. 1. 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 new and will improve upon the existing convenience store design by moving it to a location on the property that allows for more function and accessibility. The parcel is an irregular shape that has non -conforming parking making access difficult. If the project adheres to all required standards, the main access would be an alley that would continue the trend of difficult accessibility. 2. 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 proposed use is the same as that existing on -site and is a permitted use per the zoning. The project is far under the maximum Floor Area Ratio (FAR), meaning that both the density and intensity of the project is physically suitable for the site. The existing infrastructure is capable of handling the new development. 3. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA). Per Section Class 32, Section 15332 (In -Fill Development Projects), the project is categorically exempt from CEQA analysis, as the proposed development replaces the existing use with the same type of use, and because the property can be adequately served by all required utilities and public services. Required Findings for Approval of the development standards exemptions While there are no formal findings for approval of the consistency review contained in the Specific Plan, there is the need for a finding to be made in order to approve an exemption 4 238 of 392 from the required development standards. The approving body may approve the exemption based on one of the following findings: 1. The project includes a significant public amenity that would otherwise not be required or be achievable with the strict enforcement of these standards; or 2. The project makes a significant contribution to off -site public space in downtown National City, such as street improvements, public plazas, public park improvements and other improvements that are called for in the Specific Plan. In this case, the project would be required to contribute a significant amount of money (10% of the project valuation) towards off -site improvements (e.g. curb, gutter, and sidewalk). In addition, the project is providing significant landscape improvements, including street trees, along the property frontage, thus improving the current area's aesthetics. Findings for Denial of the Consistency Review 1. While the use itself is consistent with the Downtown Specific Plan, the proposed project does not meet all of the required development standards; the minimum FAR for Development Zone 1A is 3:1. The project also requires a street wall of at least 75% and a maximum street frontage setback of 10 feet, both aspects that the project does not meet. 2. The project does not include a significant public amenity that would otherwise not be required or be achievable with the strict enforcement of the standards contained in the Downtown Specific Plan 3. The project does not make a significant contribution to off -site public space in downtown National City, such as public plazas, public park improvements and other improvements that are called for in the Specific Plan, with the exception of required street improvements generally included as conditions of any development project. Alcohol Sales Section 18.30.050 of the LUC allows for the off -site sale of alcoholic beverages with an approved CUP. Additional requirements for alcohol CUPs include expanded notification, a community meeting, and distance requirements. 5 239 of 392 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 190 occupants and owners. Community Meeting - Pursuant to LUC Section 18.30.050 (C), a community meeting is required to be held by the applicant prior to a public hearing at Planning Commission. Because of the social distancing requirements necessary due to the COVID-19 pandemic, it was not possible to hold a traditional community meeting, as required. However, the applicant worked with Planning staff on finding an alternative solution to meet the requirement. The applicant posted a pre-recorded project description on YouTube and included the presentation link in the mailer informing all owners and occupants of the project. Comments received via the email address were forward to Planning staff for inclusion in the staff report. The video was uploaded on Monday, April 20, 2020 and the owners and occupants were given two weeks (May 4, 2020) to view the video and provide comment. There were 100 views of the video and, two emails received on the project, which were forwarded to staff. The meeting advertisement and comments are attached (Attachment 5). According to the applicant, the same 190 occupants and owners that were notified of the Planning Commission and City Council meetings were notified of the community meeting. One of the responses to the video is discussed above. The other was from a community member who supported the current business and stated they wished it to remain. 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, which is over 3,000 feet away. Alcohol Sales Concentration/Location — Per The California Department of Alcoholic Beverage Control, there are currently seven off -sale permits issued in the subject census tract (219). These permits are: Name Address License Type* CUP Close Arco Gas Station 133 W 8th St. 20 Yes 11 p.m. Valero Gas Station 10 Osborn St. 20 Yes 12 a.m. One Ten Liquor & Market 110 National City Blvd. 21 No 2 a.m. Big B Market 1540 Coolidge Ave. 20 No 2 a.m. Cozine's Grocery 402 Civic Center Dr. 21 Yes 10 p.m. My Goody's 2424 Hoover Ave. Ste. `E' 20 Yes 9 p.m. Shell Gas Station 3230 National City Blvd. 20 Yes 10 p.m. 6 240 of 392 Type 20 - Off -Sale Beer and Wine Type 21 - Off -Sale General Three of the off -sale licenses are gas stations, and the remaining four are markets. The attached census tract map shows the location of the subject tract. ABC recommends that a total of four off -sale alcohol permits be issued in this census tract, where seven exist. However, there will be no net increase in the number of licenses, due to the existing license carrying over to the new business. It should be noted that, while there is no existing CUP for the property, and thus no City conditions on the ABC license (as with conditionally -permitted businesses), conditions included in this CUP application will be placed on the ABC license when it is transferred to the new operator. It should be noted that there are nine other 7 Eleven locations in the City. All but one have an ABC Type 20 (off -sale beer and wine) license. Only the location at 3100 East Plaza Blvd. has a Type 21 (off -sale general) license, as is being requested in this case. Hours of operation As noted in the table above, only the two existing ABC licenses without a CUP (of which this CUP would replace one) have a closing time after midnight (the maximum allowed by the state is 2 a.m.). One of the five outlets with a CUP closes at 12 a.m. and is located across the street to the north of the project (10 Osborn Street). The remaining outlets close at 11 p.m. or before. The most recent CUP approval (3230 National City Blvd.), which was approved in 2019, has alcohol sales hours ending at 10 p.m. In order to be consistent with recent approvals, it is suggested that the proposed 7-Eleven have alcohol sales hours no later than midnight. Conditions of approval reflect this time (No. 8). Police Department Based on a Risk Assessment provided by the Police Department, 7-Eleven has a risk factor of 15 points, which is a medium risk (13-18 points) out of 24. Each category has a maximum of three points possible. The business received three points for hours of operation (closing after 11:00 pm), three points for crime rate (high), and three points for alcohol businesses per census tract. Institute for Public Strategies (IPS) IPS stated that they had no concerns in regards to the project and as such had no comments on the project. Required Findings for Approval of the CUP The Municipal Code contains six required findings for CUPs as follows: 7 241 of 392 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 Development Zone 1A pursuant to a CUP, and the proposed use meets the required guidelines in the LUC for the sale of alcoholic beverages, as discussed in the staff report. 2. The proposed use is consistent with the General Plan and any applicable specific plan. The commercial use is consistent with the General Plan and Downtown Specific Plan designation of Development Zone 1A, which allows for retail uses. 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 existing use of the property is a local market/liquor store, which is practically the same as the proposed use; there would be little change in operating characteristics related to alcohol sales other than the use coming into compliance with City Council Policy 707, which regulates alcohol sales. 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 proposed 2,700 square -foot building can accommodate the proposed alcohol sales, without resulting in an increase in demand for parking on the property. 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 alcohol sales and establishing operating regulations, which increase the compliance of the proposed business over the previous business, which did not have a CUP and was only regulated by ABC license requirements. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA). 8 242 of 392 The alcohol sales portion of this application is not subject to CEQA, as it is not a considered a project per section 15378. The sale of alcohol would not result in a physical impact. The following conditions also apply to this CUP: 7. The proposed use is deemed essential and desirable to the public convenience or necessity. The alcohol sales will contribute to the viability of the convenience store, an allowed use in Development Zone 1A. Alcohol sales would also add to the convenience of the consumer, in that customers would be able to purchase alcohol at the same outlet that they are purchasing other products and not need to visit multiple locations, thus reducing vehicle trips. 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 of the CUP 1. That 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, because increased alcohol sales may contribute to the high crime rate in the area. 2. The proposed use is not deemed essential and desirable to the public convenience and necessity because there are six other off -sale alcohol outlets located in the same census tract as the subject property where alcohol can be purchased. 3. That based on findings 1 and 2 above, public convenience and necessity will not be served by a proposed use of the property for the retail sales of a►coholic beverages pursuant to law. Conditions of Approval Comments were received from the Engineering and Fire departments; the comments focused on Building and Fire Code requirements. All comments are included as Conditions of Approval. In addition, standard Council Policy 707 conditions for off -site 9 243 of 392 alcohol sales have been included with this permit (hours of operation, employee training, accessory sales, etc.). In addition to the alcohol -related conditions, there are also Planning Division conditions related to development standards that will be reviewed during the building permit process (e.g. building design, site design, and landscaping. Summary The proposed convenience store meets all of the requirements of the LUC in regards to alcohol sales for off -site consumption due to the use being conditionally -allowed in Development Zone 1A. The project is not consistent with all of the development standards of the LUC and Downtown Specific Plan in regards to setbacks and FAR. However, it should be mentioned that the parcel suffers from an irregular shape and from access issues stemming from it being adjacent to a major access point to National City from the freeway (National City Boulevard). In addition, the alley adjacent to the westerly property line affects its ability to meet these standards. Furthermore, the project will contribute jobs and sales tax to the City. 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 hours of alcohol sales, as recommended by staff, are from 6:00 a.m. to 12:00 a.m. daily. Staff is recommending approval based on the findings of this report. OPTIONS 1. Approve 2020-05 CUP, DSP subject to the attached conditions, based on attached findings; or 2. Deny 2020-05 CUP, DSP based on attached findings or findings to be determined by the City Council; or, 3. Continue the item for additional information. 10 244 of 392 RECOMMENDED FINDINGS FOR APPROVAL OF THE CONSISTENCY REVIEW 2020-05 CUP, DSP — 110 National City Blvd. 1. 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 new and will improve upon the existing convenience store design by moving it to a location on the property that allows for more function and accessibility. 2. 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 proposed use is the same as that existing on -site and is a permitted use per the zoning. The project is also under the maximum permissible floor area ratio and provides excess parking on site. In addition, the existing infrastructure is capable of handling the new development. 3. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and is considered to be categorically exempt from CEQA analysis per Section Class 32, Section 15332 (In -Fill Development Projects). The proposed development replaces the existing use with the same type of use and the property can be adequately served by all required utilities and public services. RECOMMENDED FINDING FOR APPROVAL OF THE EXEMPTIONS FROM THE DEVELOPMENT STANDARDS 1. The project would be required to contribute a significant amount of money (10% of the project valuation) towards off -site improvements (e.g. curb, gutter, sidewalk). In addition, the project is providing significant landscape improvements, including street trees, along the property frontage, thus improving the current area's aesthetics. RECOMMENDED FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 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 Development Zone 1A pursuant to a CUP, and the proposed use meets the required guidelines in the LUC for the sale of alcoholic beverages, as discussed in the staff report. ATTACHMENT 2 11 245 of 392 2. The proposed use is consistent with the General Plan and any applicable specific plan, because the commercial use is consistent with the General Plan and Downtown Specific Plan designation of Development Zone 1A, which allows for retail uses. 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 existing use of the property is a local market/liquor store, which is practically the same as the proposed use; there would be little change in operating characteristics related to alcohol sales other than the use coming into compliance with City Council Policy 707, which regulates alcohol sales. 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 proposed 2,700 square -foot building can accommodate the proposed alcohol sales, without resulting in an increase in demand for parking on the property. 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 issuance of the discretionary permit will increase the compliance of the proposed business over the previous business, which did not have a CUP and was only regulated by ABC license requirements, because they can lose the right to sell if all conditions are not met 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA), because the alcohol sales portion of this application is not subject to CEQA, as it is not a considered a project per section 15378. The sale of alcohol would not result in a physical impact. 7. The proposed use is deemed essential and desirable to the public convenience or necessity, because the alcohol sales will contribute to the viability of the convenience store, an allowed use in Development Zone 1A. Alcohol sales would also add to the convenience of the consumer, in that customers would be able to purchase alcohol at the same outlet that they are purchasing other products and not needing to visit multiple locations for their needs, thus reducing vehicle trips. 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. 12 246 of 392 RECOMMENDED FINDING FOR DENIAL OF THE CONSISTENCY REVIEW 2020-05 CUP, DSP — 110 National City Blvd. 1. While the use itself is consistent with the Downtown Specific Plan, the proposed project does not meet all of the required development standards; the minimum FAR for Development Zone 1A is 3:1. The project also requires a street wall of at least 75% and a maximum street frontage setback of 10 feet, both aspects that the project does not meet. RECOMMENDED FINDINGS FOR DENIAL OF THE EXEMPTIONS FROM THE DEVELOPMENT STANDARDS 1. The project does not include a significant public amenity that would otherwise not be required or be achievable with the strict enforcement of the standards contained in the Downtown Specific Plan 2. The project does not make a significant contribution to off -site public space in downtown National City, such as public plazas, public park improvements and other improvements that are called for in the Specific Plan, with the exception of required street improvements generally included as conditions of any development project. RECOMMENDED FINDINGS FOR DENIAL OF THE CONDITIONAL USE PERMIT That 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, because increased alcohol sales may contribute to the high crime rate in the area. 2. The proposed use is not deemed essential and desirable to the public convenience and necessity because there are six other off -sale alcohol outlets located in the same census tract as the subject property where alcohol can be purchased. 3. That based on findings 1 and 2 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. 13 247 of 392 RECOMMENDED CONDITIONS OF APPROVAL 2020-05 CUP, DSP — 110 National City Blvd. General 1. This Conditional Use Permit and Downtown Specific Plan Consistency Review authorizes the sale of alcohol for off -site consumption at 110 National City Blvd. Plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2020-05 CUP, DSP dated 3/9/2020. 2. Before this Conditional Use Permit and Downtown Specific Plan Consistency Review 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 and Downtown Specific Plan Consistency Review. 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 and Downtown Specific Plan Consistency Review 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. 6. Violation of the ABC license for the business located at this property shall constitute a violation of this Conditional Use Permit. Planning 7. The sale of alcohol shall be permitted only between the hours of 6 a.m. to 12 a.m. daily. 14 248 of 392 8. Coolers containing alcohol products shall be locked and made inaccessible to the public between the hours of 12:00 a.m. and 6:00 a.m. 9. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 10. No beer products shall be sold of less than manufacturer's pre -packaged three -pack quantities of 24 ounce cans per sale. There shall be no sale of single cans or bottles. 11. No wine or distilled spirits shall be sold in containers of less than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 12. Flavored malt beverages, also known as premium malt beverages and flavored malt coolers, and sometimes commonly referred to as wine coolers, may be sold only by four -pack or other manufacturer's pre -packaged multi -unit quantities. 13. The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the applicant. 14. All cups and containers shall be sold at or above prevailing prices and in their original multi -container packages of no fewer than 12, and no cups and containers shall be given free of charge. 15. Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge. 16. The display of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit A, Case File No. 2020-05 CUP, DSP, dated 3/9/2020. 17. Permittee shall post signs on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Additionally, the permittee shall post signs, to be approved by the Planning Division, at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "No open alcoholic beverage containers are allowed on these premises." b. "No loitering is allowed." 18. Containers of alcohol may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 19. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are 15 249 of 392 prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 20. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. 21 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. 22.A landscape and underground irrigation plan shall be submitted as part of the construction permitting process. All landscaping and irrigation improvements shall be maintained for the life of the project. 23. Plans submitted for construction shall conform to Land Use Code Sections 18.42.040 (Screening mechanical equipment and elevator housing), 18.42.050 (Commercial and institutional building design standards.), and 18.46 (Outdoor Lighting). 24. Security lighting shall be installed on the west elevation of the building along the alley. The lighting shall be shielded so as not to shine directly towards adjacent residential properties. 25. Plans submitted for construction permits shall show that a non-combustible cover for all trash enclosures be provided. Trash enclosure gates shall not open into the City right-of-way (i.e. alley). 26.Alt proposed business signage shall be in conformance with Land Use Code requirements. Signs are limited to one sign per frontage along a street, freeway, parking lot, or alley. 27. Bicycle parking shall be provided per NCMC 18.45.120 (Bicycle Parking). Engineering 28.A drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared by a Registered Civil Engineer, or other qualified professional, and shall be in accordance with the City requirements. 16 250 of 392 29.The Storm Water BMP Requirements Applicability Form 1-1 and if required 1-2 checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Division web site at the link below *. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. *http://www. nationalcityca.gov/city-government/engineering-public- works/engineering-division/online-services-forms-fees. 30.AII existing and proposed curb inlet on property shall be provided with a "No Dumping" signage in accordance with the NPDES program. 31.A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be of 6-inch size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 32.Separate street and sewer plans prepared by Registered Civil Engineer, shall be submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements. 33. The deteriorated portions of the existing street improvements along the property frontages shall be removed and replaced. Those portions of the alley and sidewalk adjacent to the property as marked in the field. 34.The existing street improvements along the property frontage(s) shall be kept free from weed growth by the use of special weed killers, or other approved methods. 35.AII existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall restore them after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the City of National City Engineering Department as soon as filed. 17 251 of 392 36.A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 37. Street improvements shall be in accordance with the City Standards. All missing street improvements shall be constructed. Abandoned driveway aprons shall be replaced with curb, gutter, and sidewalks. 38.A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 39. The existing sewer lateral is not of the minimum size required by the City. The building shall have a new six inch lateral installed to the street main. Fire 40. Project shall be designed to the current editions of NFPA, CFC and CCR. Building 41. Plans submitted for demolition or construction improvements must comply with the current editions of the California Building, Electrical, Plumbing, Mechanical, and Fire Codes. 18 252 of 392 6 2020-05 CUP, DSP — 110 National City Blvd. — Overhead N ATTACHMENT 3 253 of 392 7-ELEVEN CONDITIONAL USE PERMIT FOR ALCOHOLIC BEVERAGE OUTLET 7-11. #1043592 110 NATIONAL CITY BLVD. NATIONAL CITY, CA 91950 VICINITY MAP SITE LOCATION MAP PROJECT DATA MINIM MAP 01K000 WOE: IOC4LO eORmem 00q BE A R6 A Ai.cone EUM000LEMI IA:rRI040000 £CTeemeERJ3 ELEr0322 30,c MI5 LAL.O.mENlxw dle 0.19COM 221.22.20aw Enna F e1LL30/commANm MoRneornF GONUTRWII00 TYPE' norTE nIM ITIED 30003 TAPEA TOTAL EOSIN° MM. imtemoR van 1'33p 4F RoelP SHEET INDEX REQUEST OIJWILM ,TIOnm AE01Nk UI0 uru lwr 10 BEi ooa00w1Mr'EOEM�A OE➢MB,w u.CJlrouc9EVEliWE DEVELOPMENT SUMMARY MRoEOt NWE:t-* 044. n3U,LTNu uMN41vrggY TS mem,. InomMBrx E.ANa0000CTE3IM1 TOMO BIETPOT •A.OnclmNEnr ENE 4 mitOomm LEGAL OEOCM110 . n¢Lum1 .enncorolN,Icul DELempOral.10..*wN4^Jh,114'MC/ MMVO/. NlownEErxee en curOANI, MEE OI:WBFOFeF®lOMe tem m,4IA422 mf0LG01£ 0. r..MOw.eh,O1NCCIhwWIT CUM Grl. COM, Or MNOeee. 0733EC WIFOEaB L3301NI},00,D NO TO NAP INOM./1O JRAFLFO r1 TIE OF0CE Of ME Loom AECOMER 02 GM DEGO COMM. OCO92 ALL 1,4T MGR0OIe,GF TIEBOUn1 Mx Or f39T 91OE0T N 6a01433003 OTT A00Iw1IOew0 LOT II M E40E.0o1£ rtrow 1men u30E03ANW0 T.01> PT RESCIAMOI NO NT. BYTNEMOM 0FTRU0IEF re TM cm0cl:nnn4. mamm a.eim1A 100 0 e 31 AMO3 T1A110m02! I ME1.I3OTIm01MO In MU 1.1.1,111.1.140 COOPN,, A C011.04AT10N . OTT On NATIONµ EOM 0EE012EN120E0Gm0Kme. MOEled 0OOEM. a00000n OF San 430 nano Mom PROJECT DIRECTORTY AOGE1�O.L00METI GrInII•MMOEfl ENGINEER EMMEN 842.0O.PE moc,<M2MMOMM. 1m Imo Vl0000VRO ROI 9 ST .M00 0030. TIt1:04 soh Men, CA 011:11 0003091300051004111 COAL ummammemoiamy 0010 0IA 1142.RO 549 nmu.01O Aner1T4e( ,EEu.ANOnTEn6 .13.1MOMOO IW MI W10069T. O1O01MT CV013171AMI. INC MR DEc0OAQ10i RBI ammo tWAGOLVPICMAIIAINZOM E40.4.72101 NOTE: WIIT0011NECW.310Itfl0N PROMM 00 Ueme ¢.0101OG mmono .MM. A.19t OP MAME comm." EXHIE4-: R CASE FfL E NO.: 20t0-05 ClIPr 1133 to DATE: 3-q-2U Kimley>>>Horn ATgrACKIVIENT 4 January 28, 2020 7-ELEVEN SITE #1043592 NATIONAL CITY BLVD AND E 1ST STREET - COVER SHEET 20 254 of 392 .120.V.2 MOM m liaNant • I' i NNAti\ Ap r ... ,V REAN R¢Imm.� Kimsey*Horn /L4 VICINITY MAP AP.Ar01I,011=1 • er • $ .. 0 G. 0 as Am. A. [Lll.NO v� C•miul:arl on, Palm YP AA.1 VOW A yI` wr.1.Nasure11, SITE INFORMATION v1f Ai ASSESSORS PAR31 NSMREII 55-020.035 lm LOCATION 110 NAIRM& 01* EVIL NAINNAL. 00Y CA 10TAL 511E AREA SG.107 AC 555ING ZOOM OkVRLWMENT ZONE IA -. NATIONAL CITY OOYNEON SPECIFIC RAN MOOTED ZONING NO CIW10E E1001ING USE pNL4SENCE STEM ROOMED USE CONL9'OENCE STORE P501200 NUI➢W0 AREA 5100 S' ONOIND SMACK 0' M14. / 15 MAY IAN0SORE SEOIA0E O WIN MOTION SAME PNMMO Rfm11430N10 2 0PME0 PO 1000 SF MOM STALLS MUMS O PAINTS STALLS PROVISO 0 MANIAC TILE M: f550 Janusry 27,, 2020 7-ELEVEN SITE #1043592 NATIONAL CITY BLVD AND E 1ST STREET - CONCEPTUAL SI I C PLAN 21 255 of 392 1 \ PROPVOmMUOYWI WETN.9 OVISE4• MECW6 AMM l \\ Kiml.ey>» Horn I 0 6o0L1 PM tom a vie monornwmoaalsovgu Mom m 1210 sumo tmAMEtp41WlE I\< I ll I \\ I 4 e�MYEIDMOM I IA _ 4IISRJOWAYM IMFMOM ROAM ll omluto'm1010 01inn:Wn E 1St S1R_S2 PLANT SCHEDULE fan X?4,1. AMC m!0L O 11 0IEVre4486 )N.TA101dEmP1AWE0R£ mumU L CUOMO 606WIIMMIM/CUmIPA1M 1.10e17313 s movormacconann ohm W4C0te D G2140141 4VIMINTO'MRIO Jew IOVIARF MER10B014LWRUD) tow m mom. Mims. 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IMnpvFMENI0 MWl IMUM 111E m)0HN®o Er F0R1110T Moo cm OF FNIDNAL DRT M004ML CODE IIAVE COMM/ W011l1E0V10N.W110:WATPAFFnOrSir INWOWA6 copOMSEMOnms41271.1,0111H6 EFFlCE1F1 M6EM WATER m DE IMo0CM0M101W1Y11ROF MOON FLAIL moms, moms us am January 22. 2020 7-ELEVEN SITE #1043592 NATIONAL CITY BLVD AND E 1ST STREET - CONCEPTUAL LANDSCAPE PLAN 22 256 of 392 1043592 - NATIONAL CITY, CA - LAYOUT 2 LAYOUT INFORMATION ROLLER GRILLS 2 (SELF SERVE) SANDWICH CASE 9' VAULT DOORS 12 LOWTEMPDOORS 2 ICE MERCH. DOORS 1 NOVELTY CASE 1 BAKERY CASE 1(LG) SLURPEE BARRELS 8 GONDOLA UNITS (60"H) 28 END CAPS (60"H) 07 POWER WINGS (06) - NOT IN TOTAL LOW WALLS (36"H) 03 HIGH WALLS (72"H) 00 TOTAL 335 TOTAL SQ FT = 2.700 SF SALES FLOOR AREA = 1,682 SF GAS: NO BEER: YES LIQUOR: YES WINE: YES OCCUPANCY LOAD (>49) = 53 TRAVEL DISTANCE (<200) = 96' COMMON PATH OF TRAVEL (<75) = 30' RESTROOMS REQUIRED = 2 EXITS REQUIRED = 2 OVERHEAD SHELVES = 37 FT FLOOR SHELVES = 32 FT t WALL TYPE LEGEND CMU WALL WALL FURRING NEW WALL NEW PARTIAL HEIGHT WALL NEW COOLER WALL OCCUPANCY CALCULATION MERCHANDISE 1392 SF / 30 = 47 PEOPLE KJTCHEN / SALES 290 SF / 200 = 2 PEOPLE STORAGE/ BACK ROOM 794 SF / 300 = 3 PEOPLE OFFICE 57 SF / 100 = 1 PERSON RESTROOM 167SF / N/A = OPEOPLE 06/05/18 110 NATIONAL CRY BLVD SCALE: Ye=1'-0" NATIONAL CRY, CA APPROVED: YES 00/00/18 NO Z TOTAL 53 PEOPLE 8 AROTO 1I.2 -N12 zg _5 w. W S 5 0 ti Pi z W. CCCC H e 2 O • tc /1 S m N 0 A l5 e£ 5 SHEET: A2.0 23 257 of 392 3013)3 S Lad ALCOHOL - SALES FLOOR HEM SALES AREA= a BE v.iIE rsy FA 1.RF4 a 11 IF LIQUOR SALE. AREA S es 1043592 - NATIONAL CITY, CA - LAYOUT 2 110 NATIONAL CITY BLVD NATIONAL CITY, CA LAYOUT INFORMATION ROLLER GRILLS 2 (SELF SERVE) SANDWICH CASE 9' VAULT DOORS 12 LOW TEMP DOORS 2 ICE MERCH. DOORS 1 NOVELTY CASE 1 BAKERY CASE 1 (LG) SLURPEE BARRELS 8 GONDOLA UNITS (80"H) 28 END CAPS (80°H) 07 POWER WINGS (06) - NOT IN TOTAL LOW WALLS (36"H) 03 HIGH WALLS (72"H] 00 TOTAL SS TOTALSQFT =2,700SF SALES FLOOR AREA = 1,882 SF GAS: NO BEER: YES LIQUOR:YES WINE YES OCCUPANCY LOAD Ia49) = 53 TRAVEL DISTANCE (<200) = 96' COMMON PATH OF TRAVEL (<75) = 30' RESTROOMS REQUIRED = 2 EXITS REQUIRED = 2 OVERHEAD SHELVES = 37 FT FLOOR SHELVES = 32 FT WALL TYPE LEGEND CMU WALL WALL FURRING NEW WALL NEW PARTIAL HEIGHT WALL NEW COOLER WALL 0 OCCUPANCY CALCULATION MERCHANDISE 1392 SF / 30 = 47 PEOPLE KITCHEN / SALES 290 SF / 200 = 2 PEOPLE STORAGE/BACK ROOM 791 SF / 300 = 3 PEOPLE OFFICE 57 SF / 100 = 1 PERSON RESTROOM 167 SF / N/A = 0 PEOPLE 06/05/18 APPROVED: YESI I_ NO® 00/00118 TOTAL = 53 PEOPLE a xroTo RcnZ/:a 0 0 Pi* a 9 5 9 SHEET A2.0 9 pC 86 • 24 258 of 392 ;.,9 comma _ 3 VVRTi1RTJBfl4R_ ELEVATION -NORTH WEST 1. ,P ''x1-ra v"v p—`rylel119 9m . ®ELEVATION - WEST LY. 9. 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SIOPIEFROW WILLINAS PNM IDGIAJ FINISHES r+em.aAJ RmEcm au+nrm+n C LVNIIMISHEEr NETK�� +', P,tieiEn BROMED r1,6TERSNIA1. MATERIAL SAMPLES RDA Rust-rANiW 111.WW MUMS .ouucerrnmitE stoFte FRONT PROTO IE-]3" DIE ig O Scala AS NOTED O Y C E O U SHEET A3.3 27 261 of 392 CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a Public Hearing after the hour of 6:00 p.m., Tuesday, August 4, 2020, via LIVE WEBCAST from the City Council Chambers, Civic Center, 1243 National City Blvd., National City, CA., to consider: A CONDITIONAL USE PERMIT FOR THE OFF -SITE SALE OF ALCOHOL AND A CONSISTENCY REVIEW FOR A NEW 7- ELEVEN TO BE LOCATED AT 110 NATIONAL CITY BLVD. The Planning Commission conducted a Public Hearing at their meeting of June 1, 2020 and voted to approve the Consistency Review, and recommend approval to the City Council of the Conditional Use Permit, by a vote of 5 to 1. Due to the precautions taken to combat the spread of coronavirus (COVID- 19), the City Council Chambers, are closed to the public. Anyone interested in this Public Hearing may view the City Council Meeting on the City's webpage at https://www.nationalcityca.gov/webcast The City Council will accept public comments regarding this matter via e- mail sent to clerk(7nationalcityca.gov. Written comments from the public (limited to a maximum of three minutes) must be submitted via e-mail by 4:00 p.m. on the day of the City Council Meeting. 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 via e-mail, or through written correspondence delivered to the undersigned prior to the Public Hearing. July 22, 2020 Michael R. Dalla, City Clerk ATTACHMENT 28 262 of 392 MEMORANDUM To: Resident of National City Planning / Development Services Date: April 20"' 2020 Subject: 110 National City Blvd.— Community Presentation COMMUNITY INVOLVEMENT Dear Current Resident, I would like to first apologize for the inconvenience of cancelling the previous community meeting. Amidst the COVID-19 situation, we were informed we needed to cancel all in person meetings, this being one of them. We are continuing with a virtual community meeting, to reach out to community members to obtain questions and concerns about our project. You are receiving this mailer as you are located within 600' of our proposed project, and we would like your input. Below is the Zink to a Youtube video: https://voutu.be/7w0e8LDLDik Please use the link to view the virtual community group presentation. If you have any questions, comments, or would like to show support of the project, email us at 110nationalblvdqmail.com. All correspondence will be included in the project submittal to the National City Planning Department. Only correspondence received by May 4th, 2020 will be considered official concerns and submitted. The video will be removed following that date. We appreciate your time and input as a community member, and we look forward to hearing from you. Thank you, Steven Pollock, Project Manager (619) 272-7112 ATTACHMENT 6 29 263 of 392 Hoffman, Scott From: Wolf Klauschie <wolfkla1@cox.net> Sent: Thursday, April 30, 2020 3:00 PM To: 110nationalblvd@gmail.com Subject: NO! No, no, no! I love this liquor store and the people who own it! This email has been checked for viruses by AVG. https://www.avg.com Wolf Klauschie had also reached out by phone: Conversation: Thursday April 30, 2020 at 3:05PM Notes: °Wolf lives close by and enjoys the existing store Believes it is the cornerstone of their community °Enjoys seeing it from his window, and likes the mural ^Opposed to tearing the building down 30 264 of 392 Hoffman, Scott From: Colin Lowry <colin@cladinc.us> Sent: Sunday, May 3, 2020 9:59 PM To: 110nationalblvd@gmail.com Subject: 110 National City Blvd - community input Hello, I am the owner of 129 National City Blvd, I am also an architect and developer and have been involved with numerous residential and mixed use projects in and around National City. My input is based on the limited information I've been provided regarding the project. The video link provided in the last mail correspondence did not work. From what I understand, the project is proposing a 7-11 convenience store. The proposed project does not meet many of the stated goals of National City's Downtown Specific Plan including the following: 1.2.1.1 GOAL: Significant Economic Investment and Revitalization in Downtown Objectives: A substantial increase of Navy personnel that live and shop in downtown. B. Housing densities that support local retail and service markets. C. Adequate affordable housing that increases housing ownership levels. 1.2.1.2 GOAL: Provide Housing. 1.2.1.3 GOAL: Effective Parking Management Objectives: F. Increased use of alternative transportation ve-hicles including motorcycles, scooters, bicy-cles, electric and other low emission vehicles, and small automobiles. G. Increased use of carsharing, ridesharing, van -pooling, autonomous vehicles, and valet services. 1.2.1.4 GOAL: Desirable Land Use and Quality Urban Design Objectives: A. Concentrated density closer to freeway on- ramps, lower volume roadways, and the trolley station. B. Street level activation through land use reg-ulations, development standards, and design guidelines. C. The creation of micro -units with appropriate amenities. D. High quality, intense, and dense development through land use regulations, development standards, and design guidelines. The project as I understand it does not provide any housing and the proposed use is car -centric and does not increase the use of alternative transportation or street level activation for pedestrian use. In my professional opinion and my knowledge of the National City's goals for the Downtown area, this proposed project is a missed opportunity, and a poor use of the location. The property is zoned for for high density residential (75 DU/A) and commercial uses, and could easily provide for a substantial number of new and sorely needed dwellings, in addition to a ground floor retail element. Housing costs are rising in National City, pushing out people who have lived here for decades. Adding housing, especially on a lot where no displacement would occur, is important to the well being of the City and provide a boost to local business. 1 31 265 of 392 recommend to the Owner that they reconsider the scope of the project to include a mixed use component, with residential units over ground floor retail. Due to the project's proximity to the Naval base, the 5, and downtown San Diego, National City's low vacancy and the City's overall positive attitude toward density, the location is prime for residential development. Any project that does not include housing would be a mistake. Thank you for your consideration, feel free to call me if you would like to discuss further. Regards, Colin Lowry, AIA Architect/Owner 619 800 8105 2 32 266 of 392 NATIONAL CITY POLICE DEPARTMENT ALCOHOL BEVERAGE CONTROL RISK ASSESSMENT DATE: 03/18/2020 BUSINESS NAME: 7-Eleven Convenience Store ADDRESS: 110 National City Blvd, National City, CA 91950 OWNERNAME: Bobbie Jo King DOB: OWNER ADDRESS: 401 B Street, #600, San Diego, CA 92101 (add additional owners on page 2) I. Type of Business Restaurant (1 pt) ,/ Market (2 pts) Bar/Night Club (3 pts) Tasting Room (Ipt) II. Hours of Operation Daytime hours (1 pt) Close by llpm (2 pts) ,/ Close after llpm (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 Below (1 pt) Average (2 pts) ,/ Above (3 pts) Notes: V. 4 off sale licenses are allowed. There are currently 7 active off sale licenses. Revised:8/16 ATTACHMENT T 7 33 267 of 392 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) j 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) Low Risk ( 12pts or less) Medium Risk (13 — 18pts) High Risk (19 — 24pts) Total Points 15 OWNER NAME: DOB: OWNER ADDRESS: OWNER NAME: DOB: OWNER ADDRESS: Recommendation: Completed by: W•Walters Revised: 8/16 2 of 2 Badge ID: 398 34 268 of 392 ENGINEERING REQUIREMENTS FOR THE REVIEW OF SITE PLANS AND TENTATIVE MAPS UNDER VARIOUS PLANNING DEPARTMENT PERMITS Date: March 19, 2020 To: Planning Department Attn: Chris Stanley From: Charles Nissley, Sr. Engineering Technician Via: Roberto Yano, Deputy City Engineer Subject: Case File No. 2020-05 DSP, Cup 7-Eleven at 110 NCB �I 1. A drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared by a Registered Civil Engineer, or other qualified professional, and shall be in accordance with the City requirements. In particular, the plan shall show the following: 2. The Storm Water BMP Requirements Applicability Form I-1 and if required I-2 checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Division web site at the link below *. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 35 269 of 392 *http://www.nationalcityca.gov/city-government/engineering-public-works/engineering- division/online-services-forms-fees. 3. All existing and proposed curb inlet on property shall be provided with a "No Dumping" signage in accordance with the NPDES program. 4. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 5. Separate street and sewer plans prepared by Registered Civil Engineer, shall be submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements. 6. The deteriorated portions of the existing street improvements along the property frontages shall be removed and replaced. Those portions of the alley and sidewalk adjacent to the property as marked in the field. 7. The existing street improvements along the property frontage(s) shall be kept free from weed growth by the use of special weed killers, or other approved methods. S. All existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall restore them after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the City of National City Engineering Department as soon as filed. 9. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 10. Street improvements shall be in accordance with the City Standards. All missing street improvements shall be constructed. Abandoned driveway aprons shall be replaced with curb, gutter, and sidewalks. 11. A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 12. The existing sewer lateral is not of the minimum size required by the City. The building shall have anew six inch lateral installed to the street main. 36 270 of 392 City of National City Fire Department Phone (619) 336-4550 a- CACIFORNIA -< NATION► City INcOarawatt, Fire Department Planning Department Comments Date: Project: Fire Marshal: March 23. 2020 110 National City Blvd. R. Hernandez Listed plan corrections related to the National City Fire Department. If you have any questions please call (619) 336-4550. Please be advised: A fire Department permit will not be issued unless all corrections are completed and approved. 1) Project shall be designed to code 2) The National City Fire Department utilizes all current codes and ordinances. Currently, we are using the 2019 editions of NFPA, CFC and the current edition of the CCR 3) Should any plan corrections be required, contractor must correct the plan and re- submit to the Fire Department for approval once again prior to installation Note: As this is a preliminary plan review, approval for final sign -off shall be contingent upon final field inspection and compliance with all applicable codes and ordinances 37 271 of 392 Esase Sari Dt,�» August 25,2014 0 CensusTracts 2010 euthcr�t 36.02aw s, 125.02 116.01 11•_02 El IG'Nn P 121.01 124.02 La: r i ni. Pzelit ATTACHMENT 8 120.02 123.E+2 31.13 120.03 La Vida 4ffide7 123.04 32.02 134.0 1:45,467 0 0.375 0.75 t, I 0 0.5 1 Paratts s FIr1IY PiwMk AV•oe•-i 32.084F 324)7 FredIIi P. GlanAbtey C anetzr, 134.12 2 km 134.21 1.5 mi Sources: Esrl, HERE, OeLorme. TomTan, Iniermap, Increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri Chin (Hong Kong). swisstopo, Mapmylndia, OpenStreetMap contributors, and the GlS Use rCommunity 38 272 of 392 5 Misr 5• %� r Sin Diego Bo • Mote Rd San Igo 11. 6% ntonw5ud 5t 1� $t �15 g"° $1 . E. • aid ` ,q° m kc1r sides Naval ` ` SianM 1 P, , vim- gyp; ii; E l 1. 5` a , r N t, 4 __.'fitP 1 1 ff Jjl y Is , °National City Lir 1 ,, \ Kimball Park � 'r Ir, e 0- P _ C pry `'� `/� m "lW P YS e't a. $ S; abr� s SZ :1 �o >c. - P4 y\: 1 P 0. a AO' Sk a. I. CopMighl� and (P)� 0.6.6 0 6 IcrosoftCocporation andlor'Its suppliers: phis reeerved.-Por ions 0,1000-2005InstallShleld So0,vsre c:or ora5en All rights re erred. Wrt >., Corp Oration ti g d Irec d ®20D51VAVtE�. All rights reserretl:YJAVE-9 'and NAVTEf� ON BnAR[yare trademarks oLhdA� cry' r ?006 Teie Atlas NaMhrner°.'ICa; Inc All.ilgh e e d , e.All s and Tele Atlas Nett Amence.are.lradernarke.oeE0le klas.-Inc a r - E. f " i Source: Microsoft Mappoint NCPD CAU, 4/18/07 City of National City Beat 20 39 273 of 392 CITY COUNCIL POLICY TITLE: Alcohol Beverage License Application Review Process POLICY and Alcohol Conditional Use Permit Standards NUMBER 707 ADOPTED: November 12, 1991 AMENDED OR REVISED: December 19, 2017 Page 1 of 5 PURPOSE/BACKGROUND: To streamline the process of alcohol license application review to ensure timely staff responses and/or protests to the Department of Alcoholic Beverage Control regarding these applications. The City Municipal Code requires Conditional Use Permits for the sale of alcohol. Such land use regulation is designed to ensure that the health, safety and welfare of the community does not become negatively impacted. In order to minimize any potential adverse effects of alcohol sales for both on and off -site consumption, including public drunkenness, disorderly conduct, illegal sales or domestic violence, the City adopts conditions of approvals and enact policies designed to protect the public from such effects. The following sets forth the City Council's policy on the applicable alcohol standards for Conditional Use Permit applications for both on and off -sale alcohol sales, as well as the Department of Alcoholic Beverage Control application notification requirements. POLICY: The Department of Alcoholic Beverage Control (ABC) sends copies of all alcoholic beverage license applications to the Police Department. The City has thirty days from the date of the ABC mailing to provide comments to the ABC. If no protests are received within that time period, the ABC issues the license. The Police Department is responsible for ensuring that an appropriate Conditional Use Permit (CUP) exists for the applicant business. If such a CUP exists, the copy of the application is simply filed by the Police Department in the existing file with the notation that there were no objections to the issuance of the license. If it is a new (in the case of an "original" license application) or expanding business or one seeking a license to effect a premises transfer, and no CUP exists, the Police Department is responsible for sending a letter to the ABC protesting the issuance of the license until a CUP is issued by the City. Whenever such a protest letter is sent to the ABC, that agency notifies the applicant that they must begin the process of obtaining a CUP with the City's Planning Division and that the issuance of the alcoholic beverage license will be delayed until such time as the protest is withdrawn. ATTACHMENT 9 40 274 of 392 CITY COUNCIL POLICY TITLE: Alcohol Beverage License Application Review Process POLICY and Alcohol Conditional Use Permit Standards NUMBER 707 ADOPTED: November 12, 1991 AMENDED OR REVISED: December 19, 2017 Page 2 of 5 Once a CUP has been issued, the Planning Division notifies the Police Department of that issuance and it is then the responsibility of the Police Department to notify the ABC that the protest is withdrawn. The CUP application, approval and issuance process is such that it provides all the checks, balances and controls necessary to ensure that businesses seeking alcoholic beverage licenses are in compliance with local standards. These conditions of approval shall apply to all new Conditional Use Permits (CUPs) for the sale of alcohol for on and/or off -site consumption and modifications of existing CUPs for such sales as specified by the preceding parenthetical references with each condition. These references specify to which type of alcohol CUP being applied for the conditions would apply to — on -sale (restaurant, bar, etc) or off -sale (market, grocery store, etc). Regulation of these conditions and allowances shall be enforced through the Conditional Use Permit process, specifically conditions of approval to read as follows: 1 (off -sale alcohol) The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 2. (off -sale alcohol) No beer products shall be sold of less than manufacturer's pre- packaged three -pack quantities of 24 ounce cans per sale. There shall be no sale of single cans or bottles. 3. (off -sale alcohol) No sale of wine shall be sold in containers of less than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 4. (of sale alcohol) Flavored malt beverages, also known as premium malt beverages and flavored malt coolers, and sometimes commonly referred to as wine coolers, may be sold only by four -pack or other manufacturer's pre- packaged multi -unit quantities. 5. (off sale alcohol) The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the applicant. 6. (off -sale alcohol) All cups and containers shall be sold at or above prevailing prices and in their original multi -container packages of no fewer than 12, and no cups and containers shall be given free of charge. CITY OF NATIONAL CITY 41 275 of 392 CITY COUNCIL POLICY TITLE: Alcohol Beverage License Application Review Process POLICY and Alcohol Conditional Use Permit Standards NUMBER 707 ADOPTED: November 12, 1991 AMENDED OR REVISED: December 19, 2017 Page 3 of 5 7. (off -sale alcohol) Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge. 8. (off -sale alcohol) The display of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit , Case File No. , dated . 9. (off -sale alcohol) Permittee shall post signs on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Additionally, the permittee shall post signs, to be approved by the Planning Division, at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. Said signs shall not be Tess than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "No open alcoholic beverage containers are allowed on these premises." b. "No loitering is allowed." 10. (off -sale alcohol) Containers of alcohol may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 11. (off -sale alcohol) Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 12. (off -sale alcohol) The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. 13. (on and off -sale alcohol) 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 - CITY OF NATIONAL CITY 42 276 of 392 CITY COUNCIL POLICY TITLE: Alcohol Beverage License Application Review Process POLICY and Alcohol Conditional Use Permit Standards NUMBER 707 ADOPTED: November 12, 1991 AMENDED OR REVISED: December 19, 2017 Page 4of5 - of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 14. (on -sale alcohol) 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. 15. (on -sale alcohol) Alcohol shall be available only in conjunction with the purchase of food. 16. (on -sale alcohol with patio) Permittee shall post signs in the patio dining area, including all exits to outdoor seating areas, indicating that alcoholic beverages must be consumed inside the restaurant or patio area and may not be taken off -premises. 17. (brewery tasting rooms) The requirements that alcohol be available only with the purchase of food and that alcohol sales not exceed food sales shall not apply to tasting rooms. 18. (brewery tasting rooms) Sales of sealed containers (commonly known as growlers) for off -site consumption of the beer produced by the master licensee may be sold and/or consumed at this location. 19. (brewery tasting rooms) Hours of operation of tasting rooms shall be limited to between 10:00 a.m. to 10:00 p.m. with last call being at 9:00 p.m. 20. (brewery tasting rooms) With the submittal of a business license for a tasting room, the Police Department shall provide an ABC Risk Assessment for each business applicant that indicates whether the business is considered a low, medium, or high risk. In the event that a risk assessment for the business allocates more than 15 points, no business license shall be issued without the issuance of a Conditional Use Permit. CITY OF NATIONAL CITY 43 277 of 392 CITY COUNCIL POLICY TITLE: Alcohol Beverage License Application Review Process POLICY and Alcohol Conditional Use Permit Standards NUMBER 707 ADOPTED: November 12, 1991 AMENDED OR REVISED: December 19, 2017 Page 5 of 5 The sale of three -packs of 24-oz cans of beer shall apply retroactively to all existing off -sale CUPs where a condition exists limiting sales to no Tess than six-pack quantities. However, business wishing to avail themselves of this modification must conform with all regulations of the Department of Alcoholic Beverage Control (ABC). The Council may, at its sole discretion, choose to waive or modify any of the above conditions. CITY OF NATIONAL CITY 44 278 of 392 - CALIFORNIA -* nn rNCORPOAATED NOTICE OF EXEMPTION TO: Assessor/Recorder/County Clerk Attn: Fish and Wildlife Notices 1600 Pacific Highway, Suite 260 San Diego, CA 92101 MS: A-33 Lead Agency: City of National City Project Title: 2020-05 CUP, DSP Project Location: 110 National City Boulevard, National City, CA 91950 Contact Person: Chris Stanley Telephone Number: (619) 336-4381 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit for the off -site sale of alcohol and Consistency Review for a new 7-Eleven convenience store. Applicant: Steven Pollock 401 `B' Street #600 San Diego, CA 92101 Exempt Status: Telephone Number: (619) 234-9411 ® Categorical Exemption. Class 32 Section 15332 (Infill Development Projects) Reasons why project is exempt: It can be seen with certainty that the project will not have a significant effect on the environment. The project involves new development that will not increase the density of the zone and is categorized as an infill development project. Date: CHRIS STANLEY Assistant Planner ATTACHMENT 10 45 279 of 392 Title: }^ CALIFORNIA NATIONAL fury ai 4� coaPoRATt COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING DIVISION 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Item no. 5 June 1, 2020 PUBLIC HEARING — CONDITIONAL USE PERMIT FOR THE OFF -SITE SALE OF ALCOHOL AND A CONSISTENCY REVIEW FOR A NEW 7-ELEVEN LOCATED AT 110 NATIONAL CITY BOULEVARD. Case File No.: 2020-05 CUP, DSP Location: Southwest corner of National City Blvd. Assessor's Parcel No.: 555-020-15 Staff report by: Chris Stanley, Assistant Planner Applicant: Steven Pollock Property owner: Louis Attiq Zoning designation: Downtown Specific Plan Development Zone 1A Adjacent zoning / land use: North: Development Zone 1A / Gas station across National City Blvd. East: Development Zone 2 / Auto repair and commercial across National City Blvd. South: Development 1A / Auto upholstery with residential beyond West: Development Zone 1A / Multi- unit residential and commercial across alley Environmental review: Categorical Exemption — Class 32, Section 15332 (In -Fill Development Projects) Staff Recommendation: Approve subject to attached conditions ATTACHMENT 11 46 280 of 392 Housing Advisory Committee — Planning Commission Meeting Meeting of June 1, 2020 Page 2 Staff Recommendation Staff recommends approval of the Conditional Use Permit (CUP) and Downtown Specific Plan Consistency Review (DSP) for a new 7-Eleven convenience store with the sale of beer, wine, and spirits for off -site consumption, based on the attached findings and subject to the attached Conditions of Approval. This recommendation includes approval of requested deviations from design guidelines related to minimum street frontage and floor area ratio (FAR) requirements. Executive Summary The project applicant has applied for a CUP and DSP to construct a 7-Eleven convenience store in a new 2,700 square -foot commercial building. The project site is currently a convenience store (One Ten Liquor) with a legal non -conforming Type 21 (off -sale general) Alcohol Beverage Control (ABC) license. The convenience store proposes to sell beer, wine, and distilled spirits for off -site consumption from 6:00 a.m. to 2:00 a.m. daily. Conditions of Approval recommend that alcohol sales hours end at midnight. Site Characteristics The project site is located at the intersection of National City Boulevard and Osborn Street in Development Zone 1A of the Downtown Specific Plan. The parcel has an existing convenience store (One Ten Liquor), which has a legal non -conforming (no CUP) Type 21 ABC license. The surrounding properties are a mixture of commercial, auto repair, and residential land uses. Proposed Use The applicant is proposing to demolish the existing building and construct a new 2,700 square -foot convenience store. The 13,500 square -foot property would have eight parking spaces and two one-way driveways for ingress and egress to and from National City Blvd. The property is a corner parcel with National City Blvd, wrapping around the north and east portion of the property line. The proposal also includes the sale of beer, wine, and spirits. Four six-foot tall coolers are proposed for the display of beer and one for the display of wine; there will also be a four -foot tall gondola with four shelves for a room temperature display of wine. These coolers are located approximately 30 feet from the entrance of the store. The display of spirits would be located behind the sales counter in a six-foot tall cabinet, which only 7-Eleven staff would have access. The applicant is requesting alcohol sales between the hours of 6:00 a.m. and 2:00 a.m. daily, the maximum permitted by the State. 47 281 of 392 Housing Advisory Committee — Planning Commission Meeting Meeting of June 1, 2020 Page 3 Downtown Specific Plan Consistency Review Projects in the Downtown Specific Plan Area require Consistency Review, which is subject to one of three levels of approval with regard to process, A level one project meets all applicable General Plan, Specific Plan, and Municipal Code requirements; a Level Two project requests variances and/or deviations; a Level Three project requests an amendment to the Downtown Specific Plan that would necessitate additional environmental review (e.g. exceeding the maximum number of units permitted, changing the allowable type of development, etc.). This project is subject to a Level Two Consistency Review, due to the need for variances/deviations from the development standards — the zone requires a minimum 75% street wall and a minimum floor area ratio (FAR) of 3:1 (three times the lot size), both requirements that are not met by the proposed design. The Specific Plan designation and zoning for 110 National City Blvd. is Development Zone 1A of the Downtown Specific Plan, which allows for retail, entertainment or employment uses. These uses may be mixed either horizontally or vertically or developed on a parcel -by -parcel or block -by -block basis. Development may be "auto - oriented" (e.g. drive -through restaurant), but National City Boulevard is to have a pedestrian orientation. Mixed -use developments are highly encouraged. Since this development zone is part of the "gateway" to downtown, and National City Boulevard is intended to be its primary "ceremonial" artery, every effort should be made to strengthen the definition, streetscape and pedestrian character of National City Boulevard's pedestrian streetscape. While mixed -use developments are highly encouraged, they are not required. Development Zone 1A refers to the Major Mixed -Use Corridor (MXC-2) development standards for any development standards not specifically mentioned in the specific plan; as such, the mixed -use zones require buildings to be built to the property line to provide projects that are pedestrian friendly. The proposed 7-Eleven would not be built to the property line, but instead would be constructed with parking in the front and the structure to the rear of the property. The irregular shape of the parcel makes development that meets these requirements, difficult. Along with the requirement to build to the property line, a minimum 75% street wall is also required, meaning that the structure would need to be built along three fourths or more of the street frontage. The only viable automobile access would then be from the alley, meaning customers would need to turn into the alley to park and continue through the alley to exit; One Ten Liquor is currently configured this way and 48 282 of 392 Housing Advisory Committee — Planning Commission Meeting Meeting of June 1, 2020 Page 4 suffers from circulation issues as a result. The current proposal would provide access to and from National City Blvd, which is more appropriate. Public Comment As discussed below, two emails were forwarded to staff related to the online project presentation, which was a requirement of the CUP application. One of which was from a local developer who stated that the proposal did not meet the goals and objectives of the Downtown Specific Plan, in particular as it relates to housing. While it is true that mixed -use development is highly encouraged in the Downtown Specific Plan area, stand-alone retail use is also permitted. Staff reached out to the project applicant about the possibility of including a residential element in the design (as suggested by the developer in the email previously mentioned); however, the applicant stated that it was not economically feasible for them to do so. It should be noted that this area is a gateway to the City and could be developed with a landmark project more in line with the overarching goals of the Downtown Specific Plan. However, it is ultimately up to property owners on what they can and cannot accomplish. Although a more ambitious project is possible, it would likely necessitate parcel assemblage and additional funding, things that the property owner has stated are not possible at this time. Parcel assemblage, in particular, is difficult, due to an alley to the west and established or Tong -term uses further south on the same block (a single-family residence, a long -operating auto upholstery shop, and a commercial building with a telecommunications facility located on the property). Architecture In order to take advantage of the unique shape of the property, the proposed building is roughly triangle in shape with the longest building frontage roughly parallel to National City Blvd. (this portion of National City Blvd. is angled at approximately 45 degrees to the northwest as it transitions into Main Street in the City of San Diego). While the building design and layout fits well on the lot, the design is very straightforward, being primarily a tan -colored painted Concrete Masonry Unit block wall. In order to be of more visual interest, as well as consistent with Land Use Code (LUC) design regulations, a condition has been added to require compliance with code requirements related to building aesthetics and materials, among others (No. 23). 49 283 of 392 Housing Advisory Committee — Planning Commission Meeting Meeting of June 1, 2020 Page 5 Findings for Approval of the Consistency Review There are no formal findings for approval of a Consistency Review, other than determining consistency with the Downtown Specific Plan. However, the following three findings are included. 1. 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 new and will improve upon the existing convenience store design by moving it to a location on the property that allows for more function and accessibility. The parcel is an irregular shape that has non -conforming parking making access difficult. If the project adheres to all required standards, the main access would be an alley that would continue the trend of difficult accessibility. 2. 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 proposed use is the same as that existing on -site and is a permitted use per the zoning. The project is far under the maximum Floor Area Ratio (FAR), meaning that both the density and intensity of the project is physically suitable for the site. The existing infrastructure is capable of handling the new development. 3. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA). Per Section Class 32, Section 15332 (In -Fill Development Projects), the project is categorically exempt from CEQA analysis, as the proposed development replaces the existing use with the same type of use, and because the property can be adequately served by all required utilities and public services. Required Findings for Approval of the development standards exemptions While there are no formal findings for approval of the consistency review contained in the Specific Plan, there is the need for a finding to be made in order to approve an exemption from the required development standards. The approving body may approve the exemption based on one of the following findings: 1. The project includes a significant public amenity that would otherwise not be required or be achievable with the strict enforcement of these standards; or 50 284 of 392 Housing Advisory Committee — Planning Commission Meeting Meeting of June 1, 2020 Page 6 2. The project makes a significant contribution to off -site public space in downtown National City, such as street improvements, public plazas, public park improvements and other improvements that are called for in the Specific Plan. In this case, the project would be required to contribute a significant amount of money (10% of the project valuation) towards off -site improvements (e.g. curb, gutter, and sidewalk). In addition, the project is providing significant landscape improvements, including street trees, along the property frontage, thus improving the current area's aesthetics. Findings for Denial of the Consistency Review 1. While the use itself is consistent with the Downtown Specific Plan, the proposed project does not meet all of the required development standards; the minimum FAR for Development Zone 1A is 3:1. The project also requires a street wall of at least 75% and a maximum street frontage setback of 10 feet, both aspects that the project does not meet. 2. The project does not include a significant public amenity that would otherwise not be required or be achievable with the strict enforcement of the standards contained in the Downtown Specific Plan 3. The project does not make a significant contribution to off -site public space in downtown National City, such as public plazas, public park improvements and other improvements that are called for in the Specific Plan, with the exception of required street improvements generally included as conditions of any development project. Alcohol Sales Section 18.30.050 of the LUC allows for the off -site sale of alcoholic beverages with 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 '190 occupants and owners. Community Meeting, - Pursuant to LUC Section 18.30.050 (C), a community meeting is required to be held by the applicant prior to a public hearing at Planning Commission. 51 285 of 392 Housing Advisory Committee — Planning Commission Meeting Meeting of June 1, 2020 Page 7 Because of the social distancing requirements necessary due to the COVID-19 pandemic, it was not possible to hold a traditional community meeting, as required. However, the applicant worked with Planning staff on finding an alternative solution to meet the requirement. The applicant posted a pre-recorded project description on YouTube and included the presentation link in the mailer informing all owners and occupants of the project. Comments received via the email address were forward to Planning staff for inclusion in the staff report. The video was uploaded on Monday, April 20, 2020 and the owners and occupants were given two weeks (May 4, 2020) to view the video and provide comment. There were 100 views of the video and, two emails received on the project, which were forwarded to staff. The meeting advertisement and comments are attached (Attachment 5). According to the applicant, the same 190 occupants and owners that were notified of the Planning Commission meeting were notified of the community meeting. One of the responses to the video is discussed above. The other was from a community member who supported the current business and stated they wished it to remain. 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, which is over 3,000 feet away. Alcohol Sales Concentration/Location — Per The California Department of Alcoholic Beverage Control, there are currently seven off -sale permits issued in the subject census tract (219). These permits are: Name Address Type License CUP Close Arco Gas Station 133 W 8th St. 20 Yes 11 p.m. Valero Gas Station 10 Osborn St. 20 Yes 12 a.m. One Ten Liquor & Market 110 National City Blvd. 21 No 2 a.m. Big B Market 1540 Coolidge Ave. 20 No 2 a.m. Cozine's Grocery 402 Civic Center Dr. 21 Yes 10 p.m. My Goody's 2424 Hoover Ave. Ste. `E' 20 Yes 9 p.m. Shell Gas Station 3230 National City Blvd. 20 Yes 10 p.m. * Type 20 - Off -Sale Beer and Wine Type 21 - Off -Sale General Three of the off -sale licenses are gas stations, and the remaining four are markets. The attached census tract map shows the location of the subject tract. ABC recommends 52 286 of 392 Housing Advisory Committee — Planning Commission Meeting Meeting of June 1, 2020 Page 8 that a total of four off -sale alcohol permits be issued in this census tract, where seven exist. However, there will be no net increase in the number of licenses, due to the existing license carrying over to the new business. It should be noted that, while there is no existing CUP for the property, and thus no City conditions on the ABC license (as with conditionally -permitted businesses), conditions included in this CUP application will be placed on the ABC license when it is transferred to the new operator. It should be noted that there are nine other 7 Eleven locations in the City. All but one have an ABC Type 20 (off -sale beer and wine) license. Only the location at 3100 East Plaza Blvd. has a Type 21 (off -sale general) license, as is being requested in this case. Hours of operation As noted in the table above, only the two existing ABC licenses without a CUP (of which this CUP would replace one) have a closing time after midnight (the maximum allowed by the state is 2 a.m.). One of the five outlets with a CUP closes at 12 a.m. and is located across the street to the north of the project (10 Osborn Street). The remaining outlets close at 11 p.m. or before. The most recent CUP approval (3230 National City Blvd.), which was approved in 2019, has alcohol sales hours ending at 10 p.m. In order to be consistent with recent approvals, it is suggested that the proposed 7-Eleven have alcohol sales hours no later than midnight. Conditions of approval reflect this time (No. 8). Police Department Based on a Risk Assessment provided by the Police Department, 7-Eleven has a risk factor of 15 points, which is a medium risk (13-18 points) out of 24. Each category has a maximum of three points possible. The business received three points for hours of operation (closing after 11:00 pm), three points for crime rate (high), and three points for alcohol businesses per census tract. Institute for Public Strategies (IPS) IPS stated that they had no concerns in regards to the project and as such had no comments on the project. Required Findings for Approval of the CUP 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. 53 287 of 392 Housing Advisory Committee — Planning Commission Meeting Meeting of June 1, 2020 Page 9 The use is allowable within Development Zone 1A pursuant to a CUP, and the proposed use meets the required guidelines in the LUC for the sale of alcoholic beverages, as discussed in the staff report. 2. The proposed use is consistent with the General Plan and any applicable specific plan. The commercial use is consistent with the General Plan and Downtown Specific Plan designation of Development Zone 1A, which allows for retail uses. 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 existing use of the property is a local market/liquor store, which is practically the same as the proposed use; there would be little change in operating characteristics related to alcohol sales other than the use corning into compliance with City Council Policy 707, which regulates alcohol sales. 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 proposed 2,700 square -foot building can accommodate the proposed alcohol sales, without resulting in an increase in demand for parking on the property. 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 alcohol sales and establishing operating regulations, which increase the compliance of the proposed business over the previous business, which did not have a CUP and was only regulated by ABC license requirements. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA). 54 288 of 392 Housing Advisory Committee — Planning Commission Meeting Meeting of June 1, 2020 Page 10 The alcohol sales portion of this application is not subject to CEQA, as it is not a considered a project per section 15378. The sale of alcohol would not result in a physical impact. The following conditions also apply to this CUP: 7, The proposed use is deemed essential and desirable to the public convenience or necessity. The alcohol sales will contribute to the viability of the convenience store, an allowed use in Development Zone 1A. Alcohol sales would also add to the convenience of the consumer, in that customers would be able to purchase alcohol at the same outlet that they are purchasing other products and not need to visit multiple locations, thus reducing vehicle trips. 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 of the CUP 1. That 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, because increased alcohol sales may contribute to the high crime rate in the area. 2. The proposed use is not deemed essential and desirable to the public convenience and necessity because there are six other off -sale alcohol outlets located in the same census tract as the subject property where alcohol can be purchased. 3. That based on findings 1 and 2 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. Conditions of Approval Comments were received from the Engineering and Fire departments; the comments focused on Building and Fire Code requirements. All comments are included as 55 289 of 392 Housing Advisory Committee — Planning Commission Meeting Meeting of June 1, 2020 Page 11 Conditions of Approval. In addition, standard Council Policy 707 conditions for off -site alcohol sales have been included with this permit (hours of operation, employee training, accessory sales, etc.). In addition to the alcohol -related conditions, there are also Planning Division conditions related to development standards that will be reviewed during the building permit process (e.g. building design, site design, and landscaping. Summary The proposed convenience store meets all of the requirements of the LUC in regards to alcohol sales for off -site consumption due to the use being conditionally -allowed in Development Zone 1A. The project is not consistent with all of the development standards of the LUC and Downtown Specific Plan in regards to setbacks and FAR. However, it should be mentioned that the parcel suffers from an irregular shape and from access issues stemming from it being adjacent to a major access point to National City from the freeway (National City Boulevard). In addition, the alley adjacent to the westerly property line affects its ability to meet these standards. Furthermore, the project will contribute jobs and sales tax to the City. 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 hours of alcohol sales, as recommended by staff, are from 6:00 a.m. to 12:00 a.m. daily. Staff is recommending approval based on the findings of this report. OPTIONS 1. Approve 2020-05 CUP, DSP subject to the conditions listed below, based on attached findings; or 2. Deny 2020-05 CUP, DSP based on attached findings and findings to be determined by the Planning Commission; or, 3. Continue the item for additional information. 56 290 of 392 Housing Advisory Committee — Planning Commission Meeting Meeting of June 1, 2020 Page 12 ATTACHMENTS 1. Recommended Findings 2. Recommended Conditions 3. Overhead 4. Applicant's Plans (Exhibit A Case File No. 2020-05 CUP, DSP, dated 3/9/2020) 5. Public Hearing Notice (Sent to 190 property owners and occupants) 6. Community meeting advertisement and comments 7. Police Dept. comments 8. Census Tract and Police Beat maps 9. City Council Policy 707 10. CEQA Notice of Exemption 11. Resolutions CHRIS STANLEY Assistant Planner ARMANDO VERGARA Director of Community Development 57 291 of 392 RESOLUTION NO. 2020-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY. CALIFORNIA APPROVING A CONDITIONAL USE PERMIT FOR THE OFF -SITE SALE OF ALCOHOL AND A CONSISTENCY REVIEW FOR A NEW 7-ELEVEN LOCATED AT 110 NATIONAL CITY BOULEVARD CASE FILE NO. 2020-05 CUP, DSP APN: 555-020-15 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for the off -site sale of alcohol and a consistency review for a new 7-Eleven located at 110 National City Blvd. at a duly advertised public hearing held on June 1, 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. 2020-05 CUP, DSP 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 June 1, 2020, support the following findings: Findings for Approval of the Consistency Review 1. 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 new and will improve upon the existing convenience store design by moving it to a location on the property that allows for more function and accessibility. 2. 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 proposed use is the same as that existing on -site and is a permitted use per the zoning. The project is also under the maximum permissible floor area ratio and provides excess parking on site. In addition, the existing infrastructure is capable of handling the new development. 58 292 of 392 3. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and is considered to be categorically exempt from CEQA analysis per Section Class 32, Section 15332 (In -Fill Development Projects). The proposed development replaces the existing use with the same type of use and the property can be adequately served by all required utilities and public services. Findings for Approval of the Exemptions from Development Standards 1. The project would be required to contribute a significant amount of money (10% of the project valuation) towards off -site improvements (e.g. curb, gutter, sidewalk). In addition, the project is providing significant landscape improvements, including street trees, along the property frontage, thus improving the current area's aesthetics. Findings for Approval of the Conditional Use Permit 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 Development Zone 1A pursuant to a CUP, and the proposed use meets the required guidelines in the LUC for the sale of alcoholic beverages, as discussed in the staff report. 2. The proposed use is consistent with the General Plan and any applicable specific plan, because the commercial use is consistent with the General Plan and Downtown Specific Plan designation of Development Zone 1A, which allows for retail uses. 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 existing use of the property is a local market/liquor store, which is practically the same as the proposed use; there would be little change in operating characteristics related to alcohol sales other than the use coming into compliance with City Council Policy 707, which regulates alcohol sales. 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 proposed 2,700 square -foot building can accommodate the proposed alcohol sales, without resulting in an increase in demand for parking on the property. 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 59 293 of 392 located, because issuance of the discretionary permit will increase the compliance of the proposed business over the previous business, which did not have a CUP and was only regulated by ABC license requirements, because they can lose the right to sell if all conditions are not met 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA), because the alcohol sales portion of this application is not subject to CEQA, as it is not a considered a project per section 15378. The sale of alcohol would not result in a physical impact. 7. The proposed use is deemed essential and desirable to the public convenience or necessity, because the alcohol sales will contribute to the viability of the convenience store, an allowed use in Development Zone 1A. Alcohol sales would also add to the convenience of the consumer, in that customers would be able to purchase alcohol at the same outlet that they are purchasing other products and not needing to visit multiple locations for their needs, thus reducing vehicle trips. 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 and Downtown Specific Plan Consistency Review authorizes the sale of alcohol for off -site consumption at 110 National City Blvd. Plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2020-05 CUP, DSP dated 3/9/2020. 2. Before this Conditional Use Permit and Downtown Specific Plan Consistency Review 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 and Downtown Specific Plan Consistency Review. 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 and Downtown Specific Plan Consistency Review are binding 60 294 of 392 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. 6. Violation of the ABC license for the business located at this property shall constitute a violation of this Conditional Use Permit. Planning 7. The sale of alcohol shall be permitted only between the hours of 6 a.m. to 12 a.m. daily. 8. Coolers containing alcohol products shall be locked and made inaccessible to the public between the hours of 12:00 a.m. and 6:00 a.m. 9. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 10. No beer products shall be sold of less than manufacturer's pre -packaged three -pack quantities of 24 ounce cans per sale. There shall be no sale of single cans or bottles. 11. No sale of wine shall be sold in containers of less than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 12. Flavored malt beverages, also known as premium malt beverages and flavored malt coolers, and sometimes commonly referred to as wine coolers, may be sold only by four -pack or other manufacturer's pre -packaged multi -unit quantities. 13. The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the applicant. 14.AII cups and containers shall be sold at or above prevailing prices and in their original multi -container packages of no fewer than 12, and no cups and containers shall be given free of charge. 15. Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge. 61 295 of 392 16.The display of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit A, Case File No. 2020-05 CUP, DSP, dated 3/9/2020. 17. Permittee shall post signs on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Additionally, the permittee shall post signs, to be approved by the Planning Division, at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "No open alcoholic beverage containers are allowed on these premises." b. "No loitering is allowed." 18.Containers of alcohol may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 19. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 20. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. 21.AI1 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. 22.A landscape and underground irrigation plan shall be submitted as part of the construction permitting process. All landscaping and irrigation improvements shall be maintained for the life of the project. 23.Plans submitted for construction shall conform to Land Use Code Sections 18.42.040 (Screening mechanical equipment and elevator housing), 18.42.050 (Commercial and institutional building design standards.), and 18.46 (Outdoor Lighting). 62 296 of 392 24.Security lighting shall be installed on the west elevation of the building along the alley. The lighting shall be shielded so as not to shine directly towards adjacent residential properties. 25. Plans submitted for construction permits shall show that a non-combustible cover for all trash enclosures be provided. Trash enclosure gates shall not open into the City right-of-way (i.e. alley). 26.AII proposed business signage shall be in conformance with Land Use Code requirements. Signs are limited to one sign per frontage along a street, freeway, parking lot, or alley. Engineering 27.A drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared by a Registered Civil Engineer, or other qualified professional, and shall be in accordance with the City requirements. 28.The Storm Water BMP Requirements Applicability Form 1-1 and if required 1-2 checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Division web site at the link below *. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. *http://www.nationalcityca.gov/city-government/engineering-public- works/engineering-division/online-services-forms-fees. 29.AII existing and proposed curb inlet on property shall be provided with a "No Dumping" signage in accordance with the NPDES program. 30.A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of- way shall be of 6-inch size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 63 297 of 392 31.Separate street and sewer plans prepared by Registered Civil Engineer, shall be submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements. 32.The deteriorated portions of the existing street improvements along the property frontages shall be removed and replaced. Those portions of the alley and sidewalk adjacent to the property as marked in the field. 33. The existing street improvements along the property frontage(s) shall be kept free from weed growth by the use of special weed killers, or other approved methods. 34.AII existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall restore them after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the City of National City Engineering Department as soon as filed. 35.A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 36. Street improvements shall be in accordance with the City Standards. All missing street improvements shall be constructed. Abandoned driveway aprons shall be replaced with curb, gutter, and sidewalks. 37.A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 38. The existing sewer lateral is not of the minimum size required by the City. The building shall have a new six inch lateral installed to the street main. Fire 39. Project shall be designed to the current editions of NFPA, CFC and CCR. Building 40. Plans submitted for demolition or construction improvements must comply with the current editions of the California Building, Electrical, Plumbing, Mechanical, and Fire Codes. 64 298 of 392 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. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of June 1, 2020, by the following vote: AYES: Dela Paz, Sendt, Natividad, Flores NAYS: Yarnane, Garcia ABSENT: None. ABSTAIN: None. `I�� - CHAIRPERSON 65 299 of 392 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City extending the Urgency Ordinance enacting a temporary moratorium on evictions due to non-payment of rent for residential and commercial tenants as a result of the state of emergency related to the novel coronavirus disease, COVID-19, through September 30, 2020 from August 31, 2020. (Housing Authority) Please scroll down to view the backup material. 300 of 392 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 4, 2020 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City extending the Urgency Ordinance enacting a temporary moratorium on evictions due to non-payment of rent for residential and commercial tenants as a result of the state of emergency related to the novel coronavirus disease, COVID-19, through September 30, 2020 from August 31, 2020. PREPARED BY: Carlos Aguirre, Director PHONE: (619) 336-4391 EXPLANATION: See Attachment No. 1. DEPARTMENT: Housing Authority APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: MIS Not applicable. Finance ENVIRONMENTAL REVIEW: An extension of the Urgency Ordinance is not a Project pursuant to the California Environmental Quality Act of 1970. ORDINANCE: INTRODUCTION: I FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: Not applicable. ATTACHMENTS: 1. Explanation 2. Resolution 301 of 392 Attachment No. 1 City of National City August 4, 2020 Staff Report Explanation Resolution of the City Council of the City of National City extending the Urgency Ordinance enacting a temporary moratorium on evictions due to non-payment of rent for residential and commercial tenants as a result of the state of emergency related to the novel coronavirus disease, COVID-19, through September 30, 2020 from August 31, 2020. The novel coronavirus, COVID-19, is an infectious disease and was first detected on December 2019. COVID-19 symptoms include fever, cough, and shortness of breath, and those afflicted have experienced anything from mild illness to death. The Centers for Disease Control and Prevention considers COVID-19 to be a severe public health threat, and the World Health Organization declared the COVID-19 outbreak to be a pandemic. COVID-19 is expected to have severe economic impacts on the residents and businesses of National City. These include the substantial loss of income due to the loss of compensable work hours or wages, layoffs, and business closures. On February 19, 2020, the San Diego County Board of Supervisors ratified a declaration of local health emergency related to COVID-19. On March 4, 2020, Governor Gavin Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On March 16, 2020, Governor Newsom issued Executive Order N-28-20 suspending any provision of state law that would preempt or otherwise restrict a local government's exercise of its police power to impose substantive limitations on residential and commercial evictions when the basis for eviction is nonpayment of rent arising out of a documented substantial decrease in a household or business income or substantial out-of-pocket medical expenses caused by COVID-19 or by any local, state, or federal government response to COVID-19. On March 17, 2020, the City Council of the City of National City ("City Council") adopted a Resolution ratifying the Declaration of the Existence of a Local Emergency that was proclaimed on March 12, 2020, in the City of National City ("City") as a result of COVID-19. On March 19, 2020, Governor Newsom also issued Executive Order N-33-20, ordering all individuals living in the State of California to stay home or at their residence, except to obtain essential services. On March 27, 2020, Governor Newson issued Executive Order N-37-20 which bans the enforcement of eviction orders for renters affected by COVID-19 through May 31, 2020, prohibits landlords from evicting tenants for nonpayment of rent and prohibits enforcement of evictions by law enforcement or courts, and requires tenants to declare in writing, no more than seven days after the rent comes due, that the tenant cannot pay all or part of their rent due to COVID-19. On May 29, 2020, Governor Newsom extended evictions moratorium authority by issuing Executive Order N-66-20 that allows local governments to extend prohibitions on landlords from evicting tenants for nonpayment of rent for an additional 60 days from the date the executive order was signed. On June 16, 2020, the City Council extended the temporary moratorium to remain in effect through August 31, 2020 by adoption of Resolution 2020-123. 1o12 302 of 392 Attachment No. 1 At a State level on June 30, 2020, Governor Newsom issued Executive Order N-71-20, additionally extending evictions moratorium to help reduce the spread of COVID-19, through September 30, 2020. As of July 22, 2020, Coronavirus cases in San Diego County are still occurring, with a total number of 410,000. Staff recommends extending the Urgency Ordinance through September 30, 2020 from August 31, 2020 to continue implementing a temporary moratorium on residential and commercial evictions due to nonpayment of rent arising out of a substantial decrease in income or substantial out-of-pocket medical expenses caused by either the novel coronavirus, COVID-19, or any governmental response to COVID-19. The proposed action would keep in place the adopted emergency ordinance which applies to all residential and commercial tenants renting within the City of National City. If amended, National City's Urgency Ordinance would extend the temporary ban on residential and commercial evictions whereby no landlord could take action to evict a tenant for not paying rent that was due on or after March 17, 2020, if the tenant provided written notice to the landlord, on or before the date the rent was due or within a reasonable period not to exceed seven days, that the tenant is unable to pay rent due to financial impacts or other financial reasons related to COVID-19 not limited to the following: • The tenant was unavailable to work because the tenant was sick with a suspected or confirmed case of COVID-19 or caring for a household or family member who was ill with a suspected or confirmed case of COVID-19; • The tenant experienced a layoff, loss of hours, or other income reduction resulting from COVID-19, the state of emergency, or related government response; or • The tenant needed to miss work to care for a child whose school was closed in response to COVID-19. As used in the Urgency Ordinance, "financial impacts" mean a substantial decrease in household income for a residential tenant, or business income for a commercial tenant, due to business closure and loss of compensable hours of work or wages, layoffs, or substantial out-of-pocket medical expenses. A financial impact is "related to COVID-19" if it is caused by the COVID-19 pandemic or any government response to the COVID-19 pandemic. This includes complying with any public health orders or recommended guidance related to COVID-19 from local, state, or federal governmental authorities. Tenants who are afforded eviction protection under the Urgency Ordinance would have up to six months from the date when the Ordinance becomes effective or the withdrawal of Governor Newsom's Executive Order N-28-20, whichever occurs soonest, to pay their landlords all unpaid rent. The proposed Urgency Ordinance also suspends statutory causes of action such as a judicial foreclosure that could be used to evict a residential or commercial tenant when the basis for eviction is due to a substantial loss of income caused by COVID-19. The Ordinance would be retroactive to March 17, 2020, following the City Council's ratification of the Declaration of the Existence of Local Emergency and in accordance the California Governor Executive Order N-28-20and would remain in effect through September 30, 2020, unless extended by Executive Order issued by the Governor of the State of California. Adoption of the Urgency Ordinance requires the affirmative vote of least four of the five members of the City Council. 2 of 2 303 of 392 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Mayor to execute a Maintenance and Operating Agreement for a Community Garden at Paradise Creek Park between the City of National City and ICF Center for Cross Border Philanthropy, D.B.A. Olivewood Gardens and Learning Center, to operate a community garden to benefit the well-being of National City residents, located on the northern half of Paradise Creek Park, for a term of one year with the option to extend up to two additional two year terms. (Community Services) Please scroll down to view the backup material. 304 of 392 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 4, 2020 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a Maintenance and Operating Agreement for a Community Garden at Paradise Creek Park between the City of National City and ICF Center for Cross Border Philanthropy, D.B.A. Olivewood Gardens and Learning Center, to operate a community garden to benefit the well-being of National City residents, located on the northern half of Paradise Creek Park, for a term of one year with the option to extend up to two additional two year terms. PREPARED BY: Audrey Denham DEPARTMENT: PHONE: 619-336-4243 APPROVED BY: EXPLANATION: See attached. FINANCIAL STATEMENT: APPROVED: FINANCE ACCOUNT NO. APPROVED: MIS No financial impact. ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION n FINAL ADOPTION STAFF RECOMMENDATION: Adopt the resolution of the City Council of the City of National City authorizing the Mayor to execute a Maintenance and Operating Agreement for a Community Garden at Paradise Creek Park between the City of National City and ICF Center for Cross Border Philanthropy, D.B.A. Olivewood Gardens and Learning Center. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Staff report 2. Paradise Creek Community Garden Maintenance and Operating Agreement 3. Professional Services Agreement between CHW and Olivewood Gardens 305of39 CALIFORNIA NN ;tirI O NAL CI IV o mo INCORPORATED City Council Staff Report August 4, 2020 ITEM Staff Report: Resolution of the City Council of the City of National City authorizing the Mayor to execute a Maintenance and Operating Agreement for a Community Garden at Paradise Creek Park between the City of National City and ICF Center for Cross Border Philanthropy, D.B.A. Olivewood Gardens and Learning Center, to operate a community garden to benefit the well- being of National City residents, located on the northern half of Paradise Creek Park, for a term of one year with the option to extend up to two additional two year terms. BACKGROUND The City and Community HousingWorks (CHW) share an interest in promoting the initiation and sustainability of a community garden at Paradise Creek Park. CHW's role springs from its commitment to housing as a platform for the future success of CHW residents, who live in the Paradise Creek Apartments affordable housing community just across from the Paradise Creek Park site. The funding of $40,000, through CHW, will be available on an annual basis to support the operations of the community garden. The purpose of the garden will be to offer a space where residents can learn to grow and use fresh produce. During the September 17, 2019, City Council meeting Community HousingWorks (CHW) announced its intention to conduct an RFP process for the operation of a community garden located on the northern half of Paradise Creek Park. The RFP was issued on September 25, 2019, and responses were due October 31, 2019. CHW received two proposals, one from Mongol Tribe and the other a joint proposal from Olivewood Gardens and Learning Center, Mundo Gardens, and Paradise Creek Educational Park. Both proposals were provided to five individuals who had been asked to serve as independent evaluators, because of their knowledge of National City and/or food systems, and who had no conflict of interest, such as a financial stake in the outcome. The independent evaluators were selected from CHW senior management, National School District, City of National City, County of San Diego Health and Human Services, and the local business community. Evaluations were completed by November 15, 2020. One of the independent evaluators declined to participate in the process due to workload not related to the RFP process. CHW verified the selection of the Olivewood Gardens and Learning Center, Mundo Gardens, and Paradise Creek Educational Park proposal. Each party was provided written notice of the decision at the end of November and City staff were informed that an operator had been selected. Here is a summary of the evaluations: 306 of 392 Page 2 Staff Report — Paradise Creek Community Garden Maintenance and Operating Agreement August 4, 2020 Evaluator Mongol Tribe Mundo/Olivewood Gardens County of SD Health and Human Services Rep 80 90 City of National City Rep 59 89 National School District Rep 85 95 CHW Senior Manager 44 79 Local Business Rep NA NA AVERAGE 67 88 DISCUSSION In January 2020, as the fiscal sponsor, Olivewood Gardens and Learning Center (Olivewood), entered into a Professional Services Agreement with CHW for operation of the community garden and $40,000 in funding. However, Olivewood will receive no funding from CHW to operate the garden until the Maintenance and Operating Agreement with the City becomes effective. The Maintenance and Operating Agreement with the City is effective once the agreement has been fully executed and the Land Use Covenant has been recorded. At this time, we are waiting for the State to record the Land Use Covenant, but City staff are doing what they can to expedite the process. Paradise Creek Park, including the community garden, is scheduled to be completed by mid -September. Following is a summary of key terms: • Term: The term of the agreement shall be for twelve months, with the option to extend for two additional twenty-four month periods, if Olivewood is not in default. • Purpose: The purpose of this Agreement is to create a collaborative project where children, parents, and residents will share the maintenance and products of the community garden. In addition, the community garden will benefit the National City community by providing programming and services that improve the health and quality of life, provide residents access to fresh or organic healthy foods, foster community interaction through the cultivation of fresh food, and offer educational opportunities through teaching the importance of environmental sustainability. • Programs: Olivewood will provide for and facilitate programs covering a variety of topics, such as basic gardening, composting, food production, food supply chain, vermiculture, permaculture, farm -to -table, and water conservation. • Hours of Operation: The community garden will be open to the public on Saturdays and Sundays from 8:00 am to sunset, and Monday through Friday by appointment or for scheduled programs. • Service Fees: Olivewood will not provide any programs and services for profit. However, Olivewood may charge user fees for classes and programs offered to school groups and the community to offset operating and maintenance costs. Any fees charged must be approved by the City Manager. The public shall pay no fee to gain access to the community garden on Saturday and Sunday during hours of operation. • Reporting: Olivewood will provide quarterly reports including the total number of: National City residents, participants, and volunteers that participate in events; events and programs coordinated; and capital projects completed. Quarterly reports will also explain Olivewood's operating and maintenance plans and any other pertinent statistics. 307 of 392 Page 3 Staff Report — Paradise Creek Community Garden Maintenance and Operating Agreement August 4, 2020 • Annual Budget: Olivewood will provide the City with a proposed budget for estimated maintenance and operating expenses for the Premises by July 1st of each year. Olivewood will also provide an accounting of actual expenses, revenues and grants received, 45 days following June 30 of each year. • Alcohol Use: Olivewood or third parties, may not hold events at the community garden where alcoholic beverages are served. Alcoholic beverages are not allowed at the community garden. • Utility Services: The City shall pay for electricity, water, and trash services for the community garden. RECOMMENDATION Adopt the resolution of the City Council of the City of National City authorizing the Mayor to execute a Maintenance and Operating Agreement for a Community Garden at Paradise Creek Park between the City of National City and ICF Center for Cross Border Philanthropy, D.B.A. Olivewood Gardens and Learning Center. 308 of 392 MAINTENANCE AND OPERATING AGREEMENT FOR A COMMUNITY GARDEN AT PARADISE CREEK EDUCATIpNAL PARK by and between CITY OF NATIONAL CITY • and ICF CENTER FOR CROSS BORDER PHILANTROPY, D.B.A. OLIVEWOOD GARDENS & LEARNING CENTER Dated as of August 4, 2020 309 of 392 SECTION HEADING Recitals ARTICLE 1 ARTICLE 2 ARTICLE 3 ARTICLE 4 ARTICLE 5 ARTICLE 6 ARTICLE 7 ARTICLE 8 ARTICLE 9 ARTICLE 10 ARTICLE 11 ARTICLE 12 ARTICLE 13 ARTICLE 14 ARTICLE 15 ARTICLE 16 ARTICLE 17 ARTICLE 18 ARTICLE 19 ARTICLE 20 ARTICLE 21 ARTICLE 22 TABLE OF CONTENTS Terms of Agreement The Premises Permitted Uses Utilities Repairs and Maintenance Improvements; Alterations Mechanics' Liens; Stop Notices Taxes Indemnifications and Insurance Termination Hazardous Materials Assignment Defaults by OPERATOR or by City; Remedies Abandonment Damage or Destruction Eminent Domain Sale or Mortgage by City City's Right of Access Notices Nondiscrimination Records, Accounts, and Audits Administrative Provisions PAGE 1 2 2 3 5 5 6 7 8 8 12 12 14 14 15 15 16 17 17 17 18 18 19 310 of 392 MAINTENANCE AND OPERATING AGREEMENT FOR A COMMUNITY GARDEN AT PARADISE CREEK EDUCATIONAL PARK BY AND BETWEEN THE CITY OF NATIONAL CITY AND ICF CENTER FOR CROSS BORDER PHILANTROPY, D.B.A. OLIVEWOOD GARDENS & LEARNING CENTER This Maintenance and Operating Agreement for a Community Garden ("Community Garden") at Paradise Creek Educational Park (the "Agreement") is entered into as of August 4, 2020 by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and ICF Center for Cross -Border Philanthropy a California non-profit corporation, d.b.a. Olivewood Gardens & Learning Center ("OPERATOR"). RECITALS A. WHEREAS, the CITY owns the real property commonly known as Paradise Creek Educational Park located in National City, California. B. The CITY desires to increase the production and distribution of locally grown food within the community, as a means to improve access to healthy food and the quality of life for National City residents, consistent with the National City General Plan. C. OPERATOR seeks to develop a Community Garden in National City and increase the production and distribution of locally grown food to benefit the well-being of National City residents. D. The CITY has determined that OPERATOR is a qualified, non-profit experienced in empowering students and families from diverse backgrounds to be healthy and active citizens through organic gardening, environmental stewardship, and nutrition education. E. The CITY has identified a site for a Community Garden located within Paradise Creek Educational Park. The CITY desires to maximize public access and enhance recreational opportunities within Paradise Creek Educational Park; the development of a community garden provides an optimal use of the site and increases public access and recreational opportunities. F. The CITY finds that the development of a community garden at Paradise Creek Educational Park enhances the public's pleasure and enjoyment of the park and OPERATOR agrees not to exclude members of the public. G. The CITY wishes to have OPERATOR maintain and operate a Community Garden for the community's benefit, located on a portion of Paradise Creek Educational Park as the described in Exhibit A (collectively, the "Premises"). Maintenance & Operating Agreement Page 1 of 27 City of'National City and August 4, 2020 ICE Center for Cross -Border Philanthropy d.b.a. Olivewood Gardens & Learning Center 311 of 392 NOW, THEREFORE, in consideration of the foregoing facts, and in consideration of the promises and covenants hereinafter set forth, the parties agree as follows: 1.1 ARTICLE 1 TERM OF AGREEMENT Term. The Agreement shall be effective once the agreement has been executed with signatures and the Land Use Covenant has been recorded (the "Commencement Date"). The term of the agreement shall be for twelve (12) months from the Commencement Date. 1.2 Option to Extend Tenn. If OPERATOR is not in default of any provision of this Agreement upon the expiration of the term described in Article 1.1, the City Manager or designee and OPERATOR may extend the Term for up to two (2) additional twenty-four (24) month periods. The initial term, and any extension pursuant to this Article 1.2, shall collectively be referred to hereafter as "Term." ARTICLE 2 THE PREMISES 2.1 License for Use of Premises. For the purpose of operating the public center for the benefit of the residents and visitors of National City, the CITY grants OPERATOR a revocable license to enter and operate the Premises, subject to the covenants and conditions hereinafter set forth, as of the Commencement Date. 2.1.1 Parking. OPERATOR shall neither have reserved parking nor exclusive on -site parking. 2.2 Ownership of Personal Premises and Improvements. The rights and obligations of the parties regarding the ownership of personal property and improvements on the Premises shall be as follows: 2.2.1 Ownership of Personal Premises. All improvements existing on the Premises (Improvements), together with all fixtures permanently attached to the Premises (Fixtures), as of the Commencement Date shall remain the property of the CITY during the Term. OPERATOR shall not remove any Improvements or Fixtures from the Premises and shall also not waste, destroy, or modify any improvements or Fixtures on the Premises, except as permitted by this Agreement. 2.2.2 Ownership of Improvements and Equipment. All improvements made to the property by OPERATOR shall become the property of the CITY. This includes, but is not limited to, any greenhouse, shed, entrance arbor, kiosk, windmill/water tower, outdoor kitchen, irrigation, raised beds, composting area, fruit trees, or established produce OPERATOR may install at the Premises. All equipment, Maintenance & Operating Agreement Page 2 of 27 City of National City and August 4, 2020 ICF Center for Cross -Border Philanthropy d.b.a. Olivewood Gardens & Learning Center 312 of 392 tools, and gardening supplies brought to the Premises by the OPERATOR shall remain property of OPERATOR. ARTICLE 3 PERMITTED USE 3.1 Purpose. The purpose of this Agreement is to create a collaborative project where children, parents, and residents will share the maintenance and products of the garden located on the Premises, including healthy fresh fruits and vegetables. The purpose of this Agreement is also to benefit the National City community. "Benefit", as described in the Recitals, and in this Article 3, means providing programming and services that: (a) improve the health and quality of life of National City residents; (b) provide National City residents access to fresh or organic healthy foods; (c) foster community interaction through the cultivation of fresh food; and (d) offer educational opportunities through teaching the importance of environmental sustainability. 3.2 Programs. OPERATOR will operate the Premises by providing for and facilitating proposed programs covering a variety of topics, some of which may include basic gardening, composting, food production, food supply chain, vermiculture, permaculture, farm -to -table, and water conservation. 3.2.1 Gardening Principles and Practices. OPERATOR will follow earth - friendly principles and practices by selecting appropriate plants, nurturing the soil, practicing responsible pest management, protecting wildlife, conserving water, protecting water quality, conserving energy, protecting air quality, reducing waste and growing food. OPERATOR may use Organic Materials Review Institute listed herbicides and insecticides as part of an integrated pest management program developed by OPERATOR. 3.2.2 Good Faith Meet and Confer. By written notice referring to this Article, either party may inform the other of any dispute or action perceived to conflict with the terms of this Agreement ("Dispute"). Upon receipt of such a notice, the other party shall respond in writing within ten (10) business days. The parties shall cooperate by providing information and answering questions to facilitate an informed discussion to resolve the Dispute. Such cooperation may involve a site visit by representatives of both parties to inspect the Premises. If the parties are unable to agree between themselves on a resolution within (30) business days of the responding party's written response to any notice, resolution of such Dispute shall then proceed pursuant to Article 13. 3.3 Hours of Operation. OPERATOR will open the Premises to the public on Saturdays and Sundays from 8:00 am to sunset so the public may enjoy the Premises and assist with minor gardening or interact with onsite volunteers. The Premises shall be open to the public Monday through Friday by appointment or for scheduled programs. No member of the public shall be denied entry to the Premises for any discriminatory basis described in Article 20. Maintenance & Operating Agreement Page 3 of 27 City of National City and August 4, 2020 ICF Center for Cross -Border Philanthropy d.b.a. Olivewood Gardens & Learning Center 313 of 392 3.4 service Fees. OPERATOR shall not provide any programs and services for profit. However, OPERATOR may charge user fees for classes and programs offered to school groups and the community to offset costs incurred by OPERATOR in its maintenance and operation of the Premises. Any fees charged under this Article 3.4 must be approved by the City Manager or designee. The public shall pay no fee to gain access to the Premises Saturday through Sunday during hours of operation. 3.5 Reporting by OPERATOR. OPERATOR shall provide quarterly reports to the City Manager recording the total number of: (a) National City residents, participants, and volunteers that participate in OPERATOR events; (b) events and programs coordinated; and (c) capital projects completed. These quarterly reports shall also explain any of OPERATOR's operating and maintenance plans and any other pertinent statistics regarding OPERATOR's use of the Premises. Upon reasonable notice by the City Manager, or designee, OPERATOR may be required to present all information required by this Article 3.5 at a meeting of the City Council. 3.6 Annual Budget. OPERATOR shall provide the CITY with a proposed budget for OPERATOR's estimated maintenance and operating expenses for the Premises by July 1st of each year during the Term, OPERATOR shall provide to the CITY an accounting of actual expenses, revenues and grants received for operation of the Premises, forty-five (45) days following June 30 of each year during the Term. 3.7 Volunteer Management. OPERATOR may utilize volunteers to operate the Premises, and in providing the projects and services required by this Agreement. OPERATOR is responsible for recruiting, training, and managing all volunteers on the Premises. Volunteers are considered the responsibility of OPERATOR for the purpose of workers compensation and general liability. 3.8 Alcohol Use. OPERATOR, or third parties with permission from OPERATOR, may not hold events on the Premises where alcoholic beverages are served. Alcoholic beverages are not allowed on the Premises. 3.9 Compliance with Laws. OPERATOR, at its sole expense, shall procure, maintain, and. hold available for the CITY'S inspection any governmental license or permit required for the proper and lawful conduct of OPERATOR's operation of the Premises. OPERATOR shall not use the Premises for any use or purpose in violation of the laws of the United States of America, or the laws, ordinances, regulations, orders, or requirements of the State of California, the County of San Diego, the CITY, or of other lawful regulatory authorities. OPERATOR shall, at its sole expense, comply with all applicable statutes, laws, ordinances, rules, regulations, orders, covenants and restrictions of record, and requirements in effect during the Term (Laws or Orders), regulating the use by OPERATOR of the Premises. 3.9.1 Compliance with Regulatory Agency Directives. OPERATOR shall not disturb the soil cap located above remediated soil at the Premises. OPERATOR shall Maintenance & Operating Agreement Page 4 of 27 City of National City and August 4, 2020 ICF Center for Cross -Border Philanthropy d.b.a. Olivewood Gardens & Learning Center 314 of 392 comply with any regulatory agency's directives or restrictions regarding the soil cap. OPERATOR shall also comply with any conditions imposed on the Premises through a recorded Land Use Covenant, which will be incorporated into this agreement once received. The City may terminate this Agreement if: (a) OPERATOR violates any provision referenced in Article 3.10.1; (b) the State of California or any other governmental agency does not allow the Premises to be used as a community garden. 3.9.2 There are various restrictions on the Premises that include, but are not limited to, conveyance of the property, soil management, prohibited activities, and land - use. The OPERATOR must comply with the restrictions and limitations in Exhibit B. 3.9.3 CEOA Compliance. The Department of Toxic Substances Control is in the process of completing a CEQA review for the new improvements made to the Paradise Creek Educational Park which include the development of the Community Garden. In the event that DTSC does not approve the use of the Community Garden, the City may terminate this Agreement. 3.9.4 Cannabis Cultivation Prohibited. Notwithstanding any other provision in this Agreement, or in this Article 3.10, OPERATOR shall neither: (a) cultivate; (b) allow the cultivation of; (3) sell; nor (4) allow the sale of cannabis at the Premises. ARTICLE 4 UTILITIES 4.1 Utility Services. The CITY shall pay for electricity, water, and trash services at the Premises. If the CITY determines, in its sole discretion, that OPERATOR is negligent in its use of the utilities, CITY may hold a good faith meet and confer meeting with OPERATOR to discuss its utilities usage. ARTICLE 5 REPAIRS; MAINTENANCE 5.1 OPERATOR's Repair and Maintenance Obligations. OPERATOR acknowledges that it has made a thorough inspection of the Premises and that it accepts the Premises "as -is" as of the construction completion date. At OPERATOR's own cost and expense, OPERATOR shall repair, replace, and maintain the Premises in good, tenable condition as necessary. OPERATOR shall maintain the Premises in an accessible manner for use by individuals with disabilities and comply with federal and state law regarding accessibility, including but not limited to the Americans with Disabilities Act and California's Disabled Persons Act. Other than repair work in emergency situations not exceeding Three Thousand and no/100 Dollars ($3,000), OPERATOR shall not perform any repair work without the CITY's prior written consent. As used in this Article 5.1, "emergency" means a sudden, unexpected occurrr ence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services. All emergency repairs performed by the City on the Premises are governed by Public Contract Code Section 22050. OPERATOR's obligations under Maintenance & Operating Agreement Page 5 of 27 City of National City and August 4, 2020 ICF Center for Cross -Border Philanthropy d.b.a. Olivewood Gardens & Learning Center 315 of 392 this Article shall apply regardless of whether the repairs, restorations, and replacements are ordinary or extraordinary, foreseeable or unforeseeable, capital or noncapital, the fault or not the fault of OPERATOR, its agents, employees, volunteers, invitees, visitors, or contractors. All replacements made by the OPERATOR shall be of like size, kind, and quality to the items replaced. 5.2 CITY Repair and Maintenance Obligations. For any repair and maintenance work exceeding Three Thousand and no/100 Dollars ($3,000), the CITY will consider the nature and priority of the work and available funding to determine whether the CITY may pay for such repairs. However, the CITY is under no obligation to replace any equipment the CITY purchases or installs after such equipment exceeds its useful life. The CITY may also provide mulch from its surplus one (1) to two (2) times per year; however, the amount and type will be determined by the CITY based on availability. 5.3 CITY Right to Inspect; CITY Not Obligated to Repair or Maintain. OPERATOR shall permit the CITY to enter the Premises at all times during usual hours of operation, or other hours in case of an emergency, to inspect the Premises. Any entry pursuant to this Article 5.3 shall not unreasonably interfere with OPERATOR's operation of the Premises. However, nothing contained in this Article 5 shall create any duty on the part of the CITY to do any work which, under any provision of this Agreement, OPERATOR may be required to do. ARTICLE 6 IMPROVEMENTS; ALTERATIONS 6.1 Improvements by OPERATOR. OPERATOR shall be responsible for all aspects of planting and supplying materials for the Premises which may include, for example: premium soil, potted fruit trees, seeds, seedlings, fertilizers, tools, irrigation supplies, and greenhouse supplies. Any improvements made by OPERATOR shall be accessible for use by individuals with disabilities and comply with federal and state law regarding accessibility, including but not limited to the Americans with Disabilities Act and California's Disabled Persons Act. OPERATOR will secure funding through grants and other means to fund improvements to the Premises. 6.2 Improvements by CITY. The CITY may undertake certain improvements at the Premises, in this Article 6.2. The CITY's ability to undertake any improvements is dependent upon its annually -approved budget, as well as the annually -approved capital improvement program. The CITY, at its sole discretion, may undertake those improvements described in this Article 6.2 at the CITY's own cost and expense. No representations, warranties, or assurances are made that funding will exist for the following capital improvement projects: 6.3 Alterations. OPERATOR may alter, replace, add to, change, or construct additional improvements to the Premises (collectively, "Alterations") as OPERATOR may find necessary or convenient for its operation of the Premises. Any Alterations performed by OPERATOR under this Article 6.3 shall be performed: (a) at OPERATOR's sole cost Maintenance & Operating Agreement Page 6 of 27 City of National City and August 4, 2020 ICF Center for Cross -Border Philanthropy d.b.a. Olivewood Gardens & Learning Center 316 of 392 and expense; (b) with the CITY's prior written consent; and (c) in accordance with construction plans submitted to and approved by the CITY. 6.4 Construction Permits and Licenses. At all times during the Term, OPERATOR shall procure, at its sole cost and expense, all permits and licenses that are necessary or required from any local governmental agency for the proposed construction of any Alterations. The CITY may, in its sole discretion, waive CITY permitting fees where applicable. 6.5 Proposed Plans. In its sole discretion, the CITY may require OPERATOR to do any of the following: 6.5.1 Submit a complete set of proposed plans of any Alterations to the CITY; 6.5.2 Apply for and receive a permit from the Building Department to complete any Alterations; 6.5.3 Within sixty (60) days of a written request, furnish the CITY with a complete set of "as -built" plans for any CITY -approved Alterations. 6.6 Prevailing Wages. OPERATOR shall comply with prevailing wage statutes for any work not performed by volunteers. ARTICLE 7 MECHANICS' LIENS; STOP NOTICES 7.1 Mechanics' Liens; Stop Notices, OPERATOR shall pay, or cause to be paid, the total cost and expense of all works of improvement, as that phrase is defined in the Mechanics Lien Law in effect at time and place of construction, done by it, or caused to be done by it, on the Premises, and for all materials furnished for or in connection with any such work. If any lien or stop notice is filed against the Premises, OPERATOR shall cause the lien or stop notice to be discharged of record within one hundred eighty (180) days after it is filed. OPERATOR shall indemnify, defend, and hold the CITY harmless from any and all liability, loss, damage, costs, attorneys' fees, and all other expenses on account of claims of lien of laborers, materialmen, or others for work performed, or materials or supplies furnished for OPERATOR or persons claiming under OPERATOR. 7.2 Notice of Lien or Stop Notice. Should any claim of lien or stop notice related to OPERATOR's work of improvement of the Premises be filed against the Premises, or any action be filed against the Premises, or any action affecting the title to the Premises be commenced, the party receiving notice of such lien or stop notice or action shall immediately give the other party written notice thereof. 7.3 Notice of Non -Responsibility. The CITY or its representatives shall have the right to post and keep posted on the Premises notices of Non -Responsibility or such other notices which the CITY may deem to be proper for the protection of the CITY's interest in the Maintenance & Operating Agreement Page 7 of 27 City of National City and August 4, 2020 TCF Center for Cross -Border Philanthropy d.b.a. Olivewood Gardens & Learning Center 317 of 392 Premises. OPERATOR shall, before the commencement of any work which might result in any such lien or stop notice, give to the CITY written notice of its intention to do so with sufficient time to enable posting of such notices. ARTICLE 8 TAXES 8.1 Definition. "Taxes" shall mean all taxes, governmental bonds, special assessments, charges, or transfer taxes, license and transaction fees, including, but not limited to, (a) any state, local, federal income tax, or any real or personal property tax, (b) increases in taxes attributable to OPERATOR's operation of the Premises, or (c) any taxes which are essentially payments to a governmental agency, other than the CITY, for the right to make improvements to the Premises. 8.2 Possessory Interest. Notwithstanding Article 2.1, OPERATOR acknowledges that this Agreement may create a possessory interest subject to property taxation and that OPERATOR may be subject to the payment of taxes levied on such interest. OPERATOR shall pay, before delinquency, all taxes, assessments, and fees assessed or levied upon the Premises. 8.3 Responsibility for Payment of Taxes. The CITY shall not be obligated to pay any Taxes accruing against any interest in OPERATOR's use of the Premises at any time before and during the Term. OPERATOR shall pay any Taxes that accrue against any interest in their use of the Premises. Additionally, OPERATOR shall pay any Taxes levied upon any Improvements, Fixtures, or Personal Premises located on the Premises to the extent such Taxes result from OPERATOR's operations or other activities held upon, or in connection with, the Premises. ARTICLE 9 INDEMNIFICATION AND INSURANCE 9.1 OPERATOR Indemnity, The CITY shall not be liable for, and OPERATOR shall defend, indemnify, and hold harmless the CITY, its officers, officials, agents, employees, and volunteers from any and all claims, costs, liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims resulting from, related to, or arising out of OPERATOR's improvement, operation or use of the Premises, or arising either directly or indirectly from any act, error, omission, or negligence of OPERATOR or its contractors, licensees, invitees, members, agents, servants or employees; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers, officials, employees, or volunteers. CITY will cooperate reasonably in the defense of any action, and OPERATOR shall employ competent counsel, reasonably acceptable to the City Attorney. Maintenance & Operating Agreement Page 8 of 27 City of National City and August 4, 2020 ICF Center for Cross -Border Philanthropy d.b.a. Olivewood Gardens & Learning Center 318 of 392 The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 9.1.1 Third Party Indemnity. OPERATOR shall not invite third party organizations onto the Premises until said third party organization furnishes CITY a written agreement in which it indemnifies and holds CITY harmless, upon terms satisfactory to CITY. 9.1.2 Waivers from Third Parties. OPERATOR agrees to obtain from all guests, invitees, or third party organizations whose participants visit the Premises, a waiver of liability and hold harmless agreement upon terms satisfactory to the CITY. 9.1.3 Immunity. Consistent with Civil Code section 846.2, no cause of action shall arise against the CITY for injuries to any person who has been expressly invited onto the Premises to glean agricultural or farm products for charitable purposes, unless that person's injuries were caused by the gross negligence or willful and wanton misconduct of OPERATOR, in which case OPERATOR expressly indemnifies the CITY pursuant to this Article 9. The immunity provided by this section does not apply if the owner, tenant, or lessee received any consideration for permitting the gleaning activity. 9.2 Employee Payments & Indemnification. 9.2.1 OPERATOR'S employees providing service under this Agreement shall not: (1) qualify for any compensation and benefit under the California Public Employees Retirement System ("PERS"); (2) be entitled to any benefits under PERS; (3) enroll in PERS as an employee of CITY; (4) receive any employer contributions paid by CITY for PERS benefits; or (5) be entitled to any other PERS-related benefit that would accrue to a CITY employee. OPERATOR's employees hereby waive any claims to benefits or compensation described in this Article 9.2. This Article 9.2 applies to OPERATOR notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary. 9.2.2 PERS Eligibility Indemnification. If OPERATOR's employee(s) providing services under this Agreement claims, or is determined by a court of competent jurisdiction or PERS to be eligible for enrollment in PERS of the CITY, OPERATOR shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY. 9.2.3 Limitation of CITY Liability. The payment made to OPERATOR under this Agreement shall be the full and complete compensation to which OPERATOR Maintenance & Operating Agreement Page 9 of 27 City of National City and August 4, 2020 ICF Center for Cross -Border Philanthropy d.b.a. Olivewood Gardens & Learning Center 319 of 392 and OPERATOR's officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither OPERATOR nor OPERATOR's officers, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax withholdings on behalf of OPERATOR. The CITY shall not be required to pay any workers' compensation insurance on behalf of OPERATOR. 9.2.4 Indemnification for Employee Payments. OPERATOR agrees to defend and indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to PERS, social security, salary or wages, overtime payment, or workers' compensation payment which the CITY may be required to make on behalf of (1) OPERATOR, (2) any employee of OPERATOR, or (3) any employee of OPERATOR construed to be an employee of the CITY, for work performed under this Agreement. This is a continuing obligation that survives the termination of this Agreement. 9.3 Insurance. OPERATOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, and third -party organizations OPERATOR invites onto the Premises, to purchase and maintain throughout the Term, the following insurance policies: 9.3.1 Commercial General Liability Insurance, with minimum limits of $2,000,000 per occurrence and $4,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location." The Commercial General Liability required by this Article, and any other excess policy OPERATOR procures in connection with this Article, must include Sexual Misconduct Liability coverage as well as pesticide or herbicide applicator limited pollution coverage . 9.3.2 Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. 9.3.3 Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of OPERA.TOR's employees, and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. Maintenance & Operating Agreement Page 10 of 27 City of National City and August 4, 2020 ICF Center for Cross -Border Philanthropy d.b.a. Olivewood Gardens & Learning Center 320 of 392 9.3.4 If OPERATOR has no employees subject to the California Workers' Compensation and Labor laws, OPERATOR shall execute a Declaration to that effect. The form of said Declaration shall be provided to OPERATOR by the CITY. 9.3.5 The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY's Risk Manager, at the address listed in Article 9,2.7 below, of cancellation or material change. 9.3.6 If required insurance coverage is provided on a "claims made" rather than "occurrence" form, OPERATOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. 9.3.7 The Certificate Holder for all policies of insurance required by this Article 9.3 shall be: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 9.3.8 Insurance shall be written with only insurers authorized to conduct business in California that hold a current policy holder's alphabetic and financial size category rating of not less than A: VIII according to the current Best's Key Rating Guide, or a company of equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent List of Approved Surplus Line Insurers ("LASLI") and otherwise meet rating requirements. 9.3.9 This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If OPERATOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 9.3.10 All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. CITY reserves the right to modify the insurance requirements of this Article 9.2, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. CITY shall provide (60) days' notice for OPERATOR to meet any modified insurance requirements. Maintenance & Operating Agreement Page 11 of 27 City of National City and August 4, 2020 ICF Center for Cross -Border Philanthropy d.b.a. Olivewood Gardens & Learning Center 321 of 392 9.3.11 If OPERATOR maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY shall be entitled to the broader coverage or higher limits (or both) maintained by OPERATOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. ARTICLE 10 TERMINATION 10.1 This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to OPERATOR. During this 60-day period, OPERATOR shall perform all services in accordance with this Agreement. This Agreement may also be terminated immediately by the CITY, for cause, if OPERATOR materially breaches this Agreement, misrepresents information regarding the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. Termination with or without cause shall be effected by delivery of written Notice of Termination to OPERATOR as provided for in this Agreement. The CITY further reserves the right to immediately terminate this Agreement upon: (a) the filing of a petition in bankruptcy affecting OPERATOR; (b) a reorganization of OPERATOR for the benefit of creditors; or (c) a business reorganization, change in business name or change in business status of OPERATOR. ARTICLE 11 HAZARDOUS MATERIALS Hazardous Materials Laws; Definition. As used in this Article, the term "Hazardous Materials' Laws" means any and all federal, state or local laws or ordinances, rules, decrees, orders, regulations or court decisions (including the so-called "common law") relating to hazardous substances, hazardous materials, hazardous waste, toxic substances, environmental conditions on, under, or about the Premises, soil and ground water conditions, or other similar substances or conditions. The following legal authority is a non -exhaustive list of the legal authority that applies to the definition of the term "Hazardous Materials Laws": • The Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C., Section 9601 et seq.) • The Hazardous Materials Transportation Act, as amended (49 U.S.C., Section 1801 et seq.), and • The Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C., Section 6901 et seq.) 11.2 Hazardous Materials - Definition. As used in this Article the tern "Hazardous Materials" means any chemical, compound, material, substance or other matter that: Maintenance & Operating Agreement Page 12 of 27 City of National City and August 4, 2020 ICF Center for Cross -Border Philanthropy d.b.a. Olivewood Gardens & Learning Center 322 of 392 11.2.1 is a flammable, explosive, asbestos, radioactive nuclear medicine, vaccine, bacteria, virus, hazardous waste, toxic, overtly injurious or potentially injurious material, whether injurious or potentially injurious by itself or in combination with other materials; 11.2.2 is controlled, referred to, designated in or governed by any Hazardous Materials Laws; 11.2.3 gives rise to any reporting, notice or publication requirements under any Hazardous Materials Laws, or; 11.2.4 is any other material or substance giving rise to any liability, responsibility or duty upon the CITY or the OPERATOR with respect to any third person under any Hazardous Materials Law. 11.3 OPERATOR Representations and Warranties. OPERATOR represents and warrants that, during the Term or any extension thereof, OPERATOR shall comply with the following provisions of this Article unless otherwise specifically approved in writing by the CITY, subject to the terms and conditions of the OPERATOR's maintenance obligations provided elsewhere in this Agreement: 11.3.1 OPERATOR shall not cause or permit any Hazardous Materials to be brought, kept or used in or about the Premises by OPERATOR, its agents, employees, assigns, contractors or invitees, except as required by OPERATOR's permitted use of the Premises in the normal course of operations; 11.3.2 Any handling, transportation, storage, treatment, or usage by OPERATOR of Hazardous Materials that is to occur on the Premises following the Commencement Date shall be in compliance with all applicable Hazardous Materials Laws; 11.3.3 Any leaks, spills, release, discharge, emission or disposal of Hazardous Materials which may occur on the Premises following the Commencement Date shall be promptly and thoroughly cleaned and removed from the Premises by OPERATOR at its sole expense, and any such discharge shall be promptly reported in writing to the CITY, and to any other appropriate governmental regulatory authorities; 11.3.4 No friable asbestos shall be constructed, placed on, deposited, stored, disposed of, or located by OPERATOR on the Premises; 11.3.5 No underground improvements, including but not limited to treatment or storage tanks, or water, gas or oil wells shall be located by OPERATOR on the Premises without the CITY's prior written consent; Maintenance & Operating Agreement Page 13 of 27 City of National City and August 4, 2020 ICE Center for Cross -Border Philanthropy d.b.a. Olivewood Gardens & Learning Center 323 of 392 11.3.6 OPERATOR shall promptly supply the CITY with copies of all notices, reports, correspondence, and submissions made by OPERATOR to the United States Environmental Protection Agency, the United Occupational Safety and Health Administration, and any other local, state or federal authority which requires submission of any information concerning environmental matters or hazardous wastes or substances pursuant to applicable Hazardous Materials' Laws; and 11.3.7 OPERATOR shall promptly notify the CITY of any liens threatened or attached against the Premises pursuant to any Hazardous Materials' Law. If such a lien is filed against the Premises, then, within the earlier of (i) twenty (20) days following such filing, or (ii) before any governmental authority commences proceedings to sell the Premises pursuant to the lien, OPERATOR shall either: (a) pay the claim and remove the lien from the Premises, or (b) furnish either: (1) a bond or cash deposit reasonably satisfactory to the CITY in an amount not less than the claim from which the lien arises, or; (2) other security satisfactory to the CITY in an amount not less than that which is sufficient to discharge the claim from which the lien arises. 11.3.8 At the end of this Agreement, OPERATOR shall surrender the Premises to the CITY free of any and all Hazardous Materials and in compliance with all Hazardous Materials' Laws affecting the Premises. ARTICLE 12 ASSIGNMENT 12.1 Assignment; CITY's Consent Required. OPERATOR shall not voluntarily or involuntarily assign or otherwise transfer all or any portion of its rights and duties under this Agreement without the City Manager's's prior written consent. For example, the City Manager must consent to any third party or parties that OPERATOR wishes to engage in providing special services or programming at the Premises. Any attempted assignment or transfer without the City Manager's prior written consent shall be void. ARTICLE 13 DEFAULTS BY OPERATOR OR BY CITY; REMEDIES 13.1 Events of Default; Remedies. The following sub -articles shall apply if either OPERATOR or the CITY neglects, fails to perform, or fails to observe any of their respective obligations under the terms, covenants, or conditions contained in this Agreement ("Default"): Maintenance & Operating Agreement Page 14 of 27 City of National City and August 4, 2020 ICF Center for Cross -Border philanthropy d.b.a. Olivewood Gardens & Learning Center 324 of 392 13.1.1 Thirty -Day Correction of Default. If either OPERATOR or the CITY determines that the other party is in Default, then the non -defaulting party must provide the defaulting party written notice of the Default and thirty (30) days to correct the Default. 13.1.2 Extended Correction of Default. If the defaulting party determines that more than thirty (30) days is required to correct the Default, the defaulting party must provide the other party written notice of the reasons why additional time is required to correct such Default. The defaulting party must use diligent efforts to correct a Default under this Article 13.1.2 and, in any case, must correct such Default within ninety (90) days from the date of the written notice of default. 13.1.3 Remedies for Failure to Correct Default. If the defaulting party fails to comply with Article 13.1.1. or 13.1.2, then the non -defaulting party may immediately terminate this Agreement. The defaulting party shall be liable to the non -defaulting party for any and all damages sustained by the non -defaulting party as a result of the defaulting parties' breach. ARTICLE 14 ABANDONMENT 14.1 Abandonment. OPERATOR shall not vacate or abandon the Premises at any time during the Term nor permit the Premises to remain unoccupied for a period of longer than five (5) consecutive days during the term of this Agreement. These provisions shall not apply if the Premises is closed and operation is temporarily discontinued therein on account of strikes, lockouts, acts of nature, or similar causes beyond the reasonable control of OPERATOR. Any exceptions must be submitted in writing to the City Manager or designee for approval. ARTICLE 15 DAMAGE OR DESTRUCTION 15.1 OPERATOR's Duty to Repair Casualty. OPERATOR shall, as expeditiously as reasonably possible, repair any damages to the Premises caused by fire, earthquake, or any other identifiable event of a sudden, unexpected, or unusual nature ("Casualty"), and repair, restore, and replace any such damaged or destroyed Fixtures, Improvements or Personal Premises ("Casualty Repairs"). Any Casualty Repairs .made under this Article 15 are: (a) To be performed at OPERATOR's sole cost and expense; (b) To be performed except as otherwise provided in this Article 15; and are (c) Subject to all other terms and conditions of this Agreement. 15.2 Construction Provisions. In the event of any reconstruction of the Premises, Fixtures or Improvements required of OPERATOR pursuant to this Article, OPERATOR shall repair Maintenance & Operating Agreement Page 15 of 27 City of National City and August 4, 2020 ICF Center for Cross -Border Philanthropy d.b.a. Olivewood Gardens & Learning Center 325 of 392 the Premises, and repair or rebuild such Fixtures and Improvements, to substantially the same condition they were in immediately preceding such Casualty. 15.3 No Abatement. In the event of reconstruction, replacement, or repair by OPERATOR pursuant to this Article, OPERATOR shall continue its operations on the Premises during any such period to the extent reasonably practicable from the standpoint of prudent business management, and in continuing compliance with applicable laws and regulations. OPERATOR shall not be entitled to any compensation or damages from CITY for: (a) loss of use of the whole or any part of the Premises; (b) OPERATOR's Personal Property; or (c) any inconvenience or annoyance occasioned by such damage, reconstruction, or replacement. 15.4 Major Destruction. Notwithstanding any of the foregoing provisions of this Article to the contrary, if, at any time after the Commencement Date, (a) the Improvements are damaged or destroyed to the extent of more than twenty-five percent (25%) of their replacement cost, or (b) the damage is such that the Improvements cannot be repaired and restored within one hundred and eighty (180) days after the Casualty, then OPERATOR shall have the right to terminate this Agreement upon thirty (30) days' prior written notice to the CITY. ARTICLE 16 EMINENT DOMAIN 16.1 Condemnation. OPERATOR may terminate this Agreement within twenty (20) days after the date that a condemning authority (by a party other than the CITY) takes possession of the Premises by delivery of written notice of such condemnation if: (a) If all of the Premises is taken under eminent domain proceedings; or (b) less than all of the Premises is taken under such eminent domain proceeding and the part taken substantially impairs the ability of OPERATOR to use the remainder of the Premises for the purposes permitted by this Agreement. In the absence of such written notice from a condemning authority, OPERATOR may terminate this Agreement within twenty (20) days after the condemning authority shall have taken possession. 16.2 Continuation of Operating Agreement after Condemnation. If this Agreement is not terminated by OPERATOR, it shall remain in full force and effect as to any portion of the Premises remaining, and this Agreement will end as of the date possession of the part taken by the public entity as to the part of the Premises that is taken. 16.3 Award. All monies awarded in any condemnation shall belong to the CITY. The CITY shall have no liability to OPERATOR for any award not provided by the condemning authority. Maintenance & Operating Agreement Page 16 of 27 City of National City and August 4, 2020 ICF Center for Cross -Border Philanthropy d.b.a. Olivewood Gardens & Learning Center 326 of 392 ARTICLE 17 •SALE OR MORTGAGE BY CITY 17.1 Sale or Mortgage. The CITY may, pursuant to existing and subsequently enacted CITY ordinances and State laws, at any time, and without the consent of OPERATOR, vacate, sell, purchase, exchange, transfer, assign, lease, encumber or convey the CITY's interest in whole or in part, in the Premises (collectively referred to in this Article as a "Sale"). The CITY shall provide to OPERATOR written notice of the CITY's intent to a Sale or discontinuance pursuant to this Article at least ninety (90) days prior to said proposed transfer. 17.2 Release on Sale. From and after a Sale or discontinuance of the CITY's entire interest in the Premises, the CITY shall be released from all liability to OPERATOR and OPERATOR successors and assigns. arising from this Agreement because of any act, occurrence, or omission of the CITY occurring after such Sale. ARTICLE 18 CITY'S RIGHT OF ACCESS 18.1 Right of Entry. CITY, its agents, employees, and contractors may enter the Premises at any time with or without notice to OPERATOR to: (a) respond to health and safety concerns; (b) inspect the Premises and Improvements; (c) determine whether OPERATOR is complying with its obligations in this Agreement (including its obligations with respect to compliance with Hazardous Materials Laws) (d) post notices of non -responsibility or similar notices (e) inspect the progress of construction of any improvement; or (f) make repairs that this Agreement requires or allows CITY to make, or make repairs to any adjoining space or utility services, or make repairs, alterations, or improvements to any other portion of the Premises All work enumerated in Article 18 must be done as promptly as reasonably possible and so as to cause as little interference to OPERATOR as reasonably possible. Personal storage space for volunteers of OPERATOR, the personal effects of OPERATOR volunteers and staff, and the OPERATOR volunteers and staff themselves are not subject to search by the CITY, absent cause. ARTICLE 19 NOTICES 19.1 Notices. Whenever in this Agreement it shall be required or permitted that notice or demand be given or served by either party to this Agreement to or on the other, such notice or demand shall be in writing, mailed or personally delivered to the other party at the addresses specified below. Mailed notices shall be sent by United States Postal Maintenance & Operating Agreement Page 17 of 27 City of National City and August 4, 2020 ICF Center for Cross -Border Philanthropy d.b.a. Olivewood Gardens & Learning Center 327 of 392 Service, postage prepaid and shall be deemed to have been given, delivered, and received three (3) business days after the date such notice or other communication is posted by the United States Postal Service. All other such notices or other communications shall be deemed given, delivered, and received upon actual receipt. Either party may, by written notice delivered pursuant to this provision, at any time designate a different address to which notices shall be sent. CITY: City of National City Attention: City Manager 1243 National City Boulevard National City, CA 91950-4397 With a copy to: OPERATOR: City of National City Attention: Director of Community Services 140 East 12th Street, Suite B National City, CA 91950 Olivewood Gardens & Learning Center Attention: Executive Director 2525 N Avenue National City, CA 91950 ARTICLE 20 NONDISCRIMINATION 20.1 Nondiscrimination, OPERATOR hereby covenants by and for itself, its successors, assigns and all persons claiming under or through it, that this Agreement is made and accepted upon and subject to the condition that there shall be no discrimination against, or segregation of, any person or group of persons on account of race, age, color, creed, religion, sex, sexual orientation, marital status, national origin, physical handicap, medical condition, ancestry, or any other legally protected category, in the use, operation, or enjoyment of the Premises. ARTICLE 21 RECORDS, ACCOUNTS, AND AUDITS 21.1 OPERATOR's Duty to Keep Records. OPERATOR shall, at all times during the Term, and for a period of five (5) years following expiration or earlier termination of this Agreement, keep or cause to be kept, true and complete books, records and accounts of all (a) construction undertaken pursuant to the rights conferred on OPERATOR under Maintenance & Operating Agreement Page 18 of 27 City of National City and August 4, 2020 ICF Center for Cross -Border Philanthropy d.b.a. Olivewood Gardens & Learning Center 328 of 392 this Agreement, and (b) financial transactions in the operation of all business activities, of whatever nature, conducted pursuant to the rights granted by this Agreement. Such records shall also include the source and disposition of all trash and other waste collected and disposed of by OPERATOR in the operation of its business. Said records must be supported by source documents such as receipts, invoices, sales slips, cash register tapes, purchase invoices or other pertinent documents. 21.2 CITY's Right to Audit. All OPERATOR books, accounts, and records shall be kept and made available at one location within the limits of the County of San Diego. The CITY shall have the right at any reasonable time to examine and perform audits of OPERATOR's records pertaining to (a) construction undertaken pursuant to the rights conferred on OPERATOR under this Agreement, and (b) its operations on the Premises, including, without limitation, any records pertaining to OPERATOR's use of utilities on the Premises. The cost of said audits shall be borne by the CITY, except that OPERATOR shall provide to the CITY, at OPERATOR's expense, necessary data to enable the CITY to fully comply with each and every requirement of the State of California or by the United States of America for information or reports relating to this Agreement and to OPERATOR's use of the Premises. ARTICLE 22 ADMINISTRATIVE PROVISIONS 22.1 Authority. OPERATOR represents and warrants that it has full power and authority to execute and fully perform its obligations under this Agreement pursuant to its governing instruments, without the need for any further action, and that the person executing this Agreement on behalf of OPERATOR is the duly designated agent of OPERATOR and is authorized to do so. 22.2 Captions. The captions and headings appearing in this Operating Agreement are inserted for convenience only and in no way define, limit, construe, or describe the scope or intent of the provisions of this Agreement. 22.3 CITY Approval. Except where stated in this Agreement to the contrary, the phrases "CITY approval", and "CITY's written approval" or such similar phrases shall mean approval of the City Manager or designee, which approval shall not be unreasonably withheld. 22.4 Cumulative Remedies. In the event of a default under this Agreement, each party's remedies shall be limited to those remedies set forth in this Agreement. Any such remedies are cumulative and not exclusive of any other remedies under this Agreement to which the non -defaulting party may be entitled. 22.5 Entire Agreement. This Agreement, together with all addenda and exhibits attached hereto, constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior or contemporaneous agreements, understandings and representations, oral or written, are superseded. Maintenance & Operating Agreement Page 19 of 27 City of National City and August 4, 2020 ICF Center for Cross -Border Philanthropy d.b.a. Olivewood Gardens & Learning Center 329 of 392 22.6 Exhibits. All exhibits referred to herein are attached hereto and incorporated by reference: Exhibit "A": Proposed Area for Community Garden at Paradise Creek Park Exhibit "B": Garden Limitations 22.7 Force Majeure. If either party is prevented or delayed from performing any act or discharging any obligation hereunder, because of any and all causes beyond either party's reasonable control, including unusual delays in deliveries, abnormally adverse weather conditions, unavoidable casualties, strikes, labor disputes, inability to obtain labor, materials or equipment, acts of God, governmental restrictions, regulations or controls, any hostile government actions, acts of terrorism, civil commotion and fire or other casualty, legal actions attacking the validity of this Agreement or the CITY or OPERATOR' s operations of the Premises, or any other casualties beyond the reasonable control of either party ("Force Majeure"), performance of such act shall be excused for the period of such delay, and the period for performance of such act shall be extended for a period equivalent to the period of such delay. Force Majeure shall not include any bankruptcy, insolvency, or other financial inability on the part of either party hereto. 22.8 Governing Law. This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of California. The venue for any legal action arising under this Agreement shall be in either state or federal court in the County of San Diego, State of California. 22.9 Independent Contractor. OPERATOR acknowledges that it is an independent contractor; that it alone retains control of the manner of conducting its activities in furtherance of this Agreement; and that it, as well as any persons, contractors or agents it may employ, are not employees of CITY for any purpose. 22.10 Interpretation. The provisions of this Agreement shall be liberally construed to effectuate its purpose. The language of all parts of this Agreement shall be construed simply according to its plain meaning and shall not be construed for or against either party. 22.11 OPERATOR's Agreement Administration. OPERATOR confirms that OPERATOR's Agreement Administrator has been given full operational responsibility for compliance with the terms of this Agreement. OPERATOR shall provide the CITY with a written schedule of its normal hours of business operation on the Premises, and OPERATOR's Agreement Administrator, or a representative designated thereby, shall be available to the CITY during OPERATOR's normal business hours, to resolve problems or answer question pertaining to this Agreement and OPERATOR's operations on the Premises. 22.12 Modification. The provisions of this Agreement may not be modified, except by a written amendment signed by both parties. Maintenance & Operating Agreement . Page 20 of 27 City of National City and August 4, 2020 ICF Center for Cross -Border Philanthropy d.b.a. Olivewood Gardens & Learning Center 330 of 392 22.13 Partial Invalidity. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. Each provision shall be valid and enforceable to the fullest extent permitted by law. 22.14 Successors & Assigns. This Agreement shall be binding on and inure to the benefit of the parties and their successors and assigns, except as may otherwise be provided herein. OPERATOR shall not assign this agreement to any other party unless approved in writing by the CITY. 22.15 Time of Essence. Time is of the essence of each and every provision of this Agreement. 22.16 Waiver. No provision of this Operating Agreement or the breach thereof shall be deemed waived, except by written consent of the party against whom the waiver is claimed. [END OF AGREEMENT — SIGNATURES APPEAR ON NEXT PAGE] Maintenance & Operating Agreement Page 21 of 27 City of National City and August 4, 2020 ICF Center for Cross -Border Philanthropy d.b.a. Olivewood Gardens & Learning Center 331 of 392 IN WITNESS WHEREOF, the CITY and OPERATOR have duly executed this Agreement as of the day and year first above written. CITY OF NATIONAL CITY (CITY) By: Alejandra Sotelo-Solis, Mayor APPROVED AS TO FORM: By: Angil P. Morris -Jones Deputy City Attorney Maintenance & Operating Agreement August 4, 2020 OLIVEWOOD GARDENS (OPERATOR) By: (Print) aVGI (Title) Ck�i 1% (Name) `? Pry (Print) 1 R-t?A j 2-6 Z -- (Title) Page 22 of 27 City of National City and ICF Center for Cross -Border Philanthropy d.b.a. Olivewood Gardens & Learning Center 332 of 392 EXHIBIT A m Proposed Area for Community Garden at Paradise Creek Park The proposed are for the community garden at Paradise Creek Park will be approximately 9,160 square feet (.21 acres) of open area located on the northern half of Paradise Creek Park. The finished surface material will be decomposed granite, consistent with the Plaza area of the park. Proposed garden amenities include planter beds, a storage shed, other site furnishings and an 8 foot tall galvanized mesh fence along the perimeter. Maintenance & Operating Agreement Page 23 of 27 August 4, 2020 City of National City and ICF Center for Cross -Border Philanthropy d.b.a. Olivewood Gardens & Learning Center 333 of 392 6£ to t7€£ v E P ow +O. 2219 0021:400.3 EA2,202. (124)\P014P ARM: u\dx PAH.:2V,m2IF GHIF IPrv1ceW+arms-te 000.9.2 ENGINEERING DEPARTMENT S 500& CONSTRUCTION RECORDS SURVEYOR, SAMPO AS -DUVET BY APPROVED DATE ELECTRIC, MIRE BONO 1FAfFIG SIGNALS & U011000. LINDA DUSTARU (656) 635-5716 (B56] 659-0364 DATF SINNED: GO% CDIADOGA1IG0S. RA01MA CLELERS (612] 222-5432 REVISIONS INSPECTOR: BENCHMARK: STANDARD 2.5. BRASS DISK STAMPED 220 1977 1232 , LaCATEO IN SIANDANO MONIMENT 1VEL1. IN INE I lE ECRON tl HOOVER AYFZDE & 161H STREET. DAMP NCVD29 ELEVAO19.34' 201 DATE GP SURVEY: NOWLIBER 2014 AT&T SUB51RUC111RE5. fREO KRUSE (BIB) 574-2610 Itl co F OA FOP 111410 120, g sr I-+ O SM£E5WAIER AUINDRIIY, OAS VAIDEZ CRO0NCASRE NEIN0DtS, PETER 216590 SW SBLON 1Y EN30 (610) 400-6751 5626) 320-0996 DAZE COMPLETED: HORIZONTAL CONTROL: THE BANS OF BEARINGS FOR THIS SURVEY IS N E CALIFORNIA COORDINATE SYSTEM NAB 6J, ZONE G. POINT 11UMSERS 1232 AID 3246 A5 511011N ON R05 14422. I i iitiE 1 . , 1 HI Ili 11 Ii2 i A TIN g 1q�FAI qg gy qr, S S I 1111 BS i1 6 Al i 1114 R gR 1 Stagy all i i _ 111 It ? pi i i i S > SF. a sX s CIP 18-16 - PARADISE CREEK EDUCATIONAL PARK - BID SET - 3 JUNE 2019 6E Jo SEE va:b Sc0 30* 10. 7019 07.10:0900 e:yrw1o. (1+LA1\rrolec .\noy. Ia\un rreryeleferemce Gee. ranACOVA2_rcv_L-0.0 6rt vllv.arp ENC1NEERING DEPARTMENT UTTER DERARIMENIS Si/OBE TFIEPHONE- CONSTRUCTION RECORDS SURVEYOR: SANPO BY APPROVED DAZE ELECTRIC, HIKE NURID TRAFFIC SIGNALS & LIGHTING. LINDA BUSTARD CUM 601.9.IUNCATIONS. RAHIMA Q£VERS (636) 636-5716 (656) 659-6364 (619) 266-5470 RATE STARTED; INSPECTOR: RELICNNARK: STANDARD 2.6" BRASS DISK STAMPED 220 1077 (1232). LOCATED IN SIAIIOARO MONUMENT WELL n THE INTERSECTION OF HOOVER AVENUE @ 1BTH STREET. DATUM: NGV0217 ELEVATOR: 19.39' DATE OF SURVEY: NOVEMBER ROLA REVISIONS AT&T SUBSTRUCTURES, FRED KOUS (619) 5i4-2616 SW£ETYAIER AUTHORITY. LUIS YALDEZ (6191 969-6754 DATE COMPLETED: CROWNCASTLE NETWORKS, PETER 1.176KOWSW rn thqi 19i1 (626 320-0996 HORIZONTAL CON1RUl1 111E RA51S OF 6EAR11105 FOR 11113 SURVEY IS T11E CALIF071214A CDOININA1E ST316M RAD 63. ZONE 6. POINT NUMBERS 1232 AND 3246 AS SHOWN DN R05 44492. • CIP 18-16 - PARADISE CREEK EDUCATIONAL. PARK - BID SET- 3 TUNE 2019 V .L1fiI1IX 1 EXIIIBIT B — Garden Limitations As part of the environmental regulatory closure for the Paradise Creek Park (Subject Property), the City has entered a Land Use Covenant (LUC) with the Department of Toxic Substances Control (DISC). The intent of the LUC is to restrict future land use and or site development activities on the Subject Property that could impact the integrity of the cap or disturb the impacted soil below the cap. In the event that land use activities change or redevelopment activities occur on the Subject Property, the LUC also provides requirements for notifying DTSC in writing of any such changes that could result in any activity that would disturb the ground surface (e.g., trenching, excavating, grading, pot holing, etc.). As part of the new park development plans, the City is planning to construct a community garden that would be managed and operated by a third party approved by the City. The proposed community garden is planned to be constructed in the northwestern area of the Subject Property. The following paragraphs address requirements and limitations associated with building the community garden in compliance with the LUC. Background Historic environmental studies that have been conducted on the Subject Property and under the. authority of the DTSC have determined that lead is the primary chemical of concern that could present an unacceptable risk to human health based on residential land use scenario. In consideration that the Subject Property is not being redeveloped for residential purposes, DTSC approvedleaving higher concentrations of lead on site and required that the upper three (3) feet of soil be excavated and hauled off -site. DTSC further required that three (3) feet of clean soil be placed above the native soils to serve as a cap to eliminate direct exposure to the lead -impacted soils. Additionally, DTSC required the City to enter a LUC with DTSC that would restrict future reuse activities on the Subject Property. Conditions of the LUC The LUC provides for various restrictions on the property that include conveyance of the property, soil management, prohibited activities, and land -use just to name a few. As the LUC pertains to the construction, operation, maintenance and management of the community garden, the following restrictions or limitations should be considered. 1. No activities thatwill disturb soil deeper than three feet (e.g., excavating, grading, soil removal, trenching, filling, earth movement, or drilling) shall be allowed on the property unless pre -approved by DTSC in writing. 2. Extraction or removal of groundwater is prohibited. 3. Activity that may alter, interfere with, or otherwise affect the impacted soil located below three feet are prohibited unless pre -approved by DTSC in writing. 4. All planting/growing activities must be conducted in a raised planter bed. 5. No plants may be planted directly into the cap or ground surface. 6. No plant with a root system that would penetrate below the bottom of the raised bed may be planted. 7. Irrigation or watering activities shall be conducted such that these activities do not contribute to erosion to the three feet cap. Drip irrigation is recommended to control runoff and erosion. Maintenance & Operating Agreement Page 24 of 27 City of National City and August 4, 2020 ICF Center for Cross -Border Philanthropy d.b.a. Olivewood Gardens & Learning Center 336 of 392 8. The community garden shall be inspected annually by the City verifying compliance with the LUC. The inspection report shall be submitted to DTSC for its approval by January 31 of each year. In the event that any activity that could have the potential of disturbing the impacted soil located below the three feet cap or that could compromise the integrity of the camp must be reported to DTSC for pre -approval in writing. Maintenance & Operating Agreement Page 25 of 27 City of National City and August 4, 2020 1CF Center for Cross -Border Philanthropy d.b.a. Olivewood Gardens & Learning Center 337 of 392 OLIVGAR-01 VSZAFRANSKI .gee' CERTIFICATE OF LIABILITY INSURANCE L..----- � DATE DIYYYYj 7/7/2/7/2o2a 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(les) 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 License # 0525512 Teague Insurance Agency, Inc, 4700 Spring 5t„ #4aD La Mesa, CA 91942-0275 CONTACT PHONE FAX (A/c, Na, ext): (619) 464-6851 I (Am, No):(619) 668-4715 a oREss: info@teaguoins.com INSURER(S) AFFORDING COVERAGE NAIC If INSURER A: Nonprofits' Insurance Alliance of California INSURED Olivewood Gardens & Learning Center 2505 N. Avenue National City, CA 91950 INSURER B : Nova CaSUalty Company 42552 INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN iS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE AD➢L INSD SUBR AYVD POLICY NUMBER POLICY EFF IMMIDDJYYYY1 POLICY EXP fMM!DDIYYYYL LIMITS A X COMMERCIAL GENERAL LIABILITY X 201926382 9/20/2019 9/20/2020 EACH OCCURRENCE $ 1,000,000 DAMAGETORENT rr PREMISES (Ea occurrence) 500,000 $ CLAMS -MADE X OCCUR X Pollution Included MEDEXP (Any one person) $ 20,000 PERSONAL&ADVINJURY $ 1,000,000 GENII. X L JEer- LOC GENERAL AGGREGATE $ 3,000,000 PRODUCTS-COMP/OPAGG $ 3,000,000 LIQUOR LIABILIT $ 1,000,000 A AUTOMOBILE x LIABILITY AUTO OWNED AUTOSIONLY AUTOS ONLY X SCHEDULED AUTOS AUTOS ONLYY 201926382 9/20/2019 9/20/2020 CO aacidEDeISINGLE LIMIT (EANY $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident)— $ O (Perr accident) DAMAGE $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 201926382UMB 9/20/2019 9/20/2020 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 $ DED RETENT ON $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITYER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y!N NIA X CFI-WK-10000235-02 9/20/2019 9/20/2020 X PER OTH E,L, EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE 1 aOO,OOO $ E.L. DISEASE - POLICY LIMIT 1,000,000 $ A Sexual Misconduct 201926382 9/20/2019 9/20/2020 each claim/aggregate 1,000,000 DESCRIPTION OF OPERATIONS ! LOCATIONS ! VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) RE: Paradise Creek Community Garden The City of National City, its officials, agents, employees and volunteers are included as additional insured for ongoing operations with respects to General Liability, when required by written contract or agreement, and with waiver of subrogation with respects to the workers compensation, per attached forms. Pollution liability is included within the general liability policy, per form attached. CERTIFICATE HOLDER CANCELLATION I Cityof National City y c/o Risk Manager 1243 National City Boulevard National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights resnrvad The ACORD name and logo are registered marks of ACORD 338 of 392 POLICY NUMBER: 2019-26382 COMMERCIAL GENERAL LIABILITY Named Insured: ICF Center for Cross -Border Philanthropy* CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED 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) Location(s) Of Covered Operations The City of National City and its officers, agents, employees and volunteers Paradise Creek Community Garden All insured premises and operations. 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: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. 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 additiona[ insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or CG20100413 © Insurance Services Office, Inc., 2012 Page 1 of 2 339 of 392 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional 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. CG20100413 © Insurance Services Office, Inc., 2012 Page 2 of 2 340 of 392 POLICY NUMBER: 2019-26382 COMMERCIAL GENERAL LIABILITY Named Insured: ICF Center for Cross -Border Philanthropy* CG 2012 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: Subdivision: Any state or political subdivision that issues a permit or authorization to the named insured. 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 any state or governmental agency or subdivision or political subdivision shown in the Schedule, subject to the following provisions: 1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b, 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. 2. This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b. "Bodily injury" or "property damage" included within the "products -completed operations hazard". B. With respect to the insurance afforded to these additional 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. CG20120413 © Insurance Services Office, Inc., 2012 Page 1 of 1 341 of 392 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC040306 (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 5 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION CITY OF NATIONAL CITY C/O RISK MANAGER 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 ON -SITE FOR SUPERVISION, TO HELP MAKE SURE THE GARDEN WAS UP AND RUNNING, RUNNING WORKSHOPS, ETC This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 03-03-20 Policy No. CF1—WK-10000235-02 Endorsement No. 001 Insured OLIVEWOOD GARDENS & LEARNING Premium $ INCL. Insurance Company Nova Casualty Company Countersigned By © 1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's California Workers' Compensation insurance Forms Manual © 1999. INSURED 342 of 392 Policy Number: 2019-26382 COMMERCIAL GENERAL LIABILITY CG 22 64 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PESTICIDE OR HERBICIDE APPLICATOR - LIMITED POLLUTION COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description Of Operations: Application of Soap/Water Information required to compiee this Schedule, if not shown above, will be shown in the Declarations. With respet to the operations shown in the Schedule, Paragraph (1)(d) of Exclusion f. of Section 1- Coverage A - Bodily Injury And Property Damage Liability does not apply if the operations met all standards of any statute, ordinance, regulation or license requirement of any federal, state or local government which apply to those operations. CG22640413 © Insurance Services Office, Inc., 2012 Page 1 of 343 of 392 A� o® VEHICLE OR EQUIPMENT CERTIFICATE OF INSURANCE DATE (MMIDDIYYYY) 03/03/2020 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. This form is used to report coverages provided to a single specific vehicle or equipment. Do not use this form to report liability coverage provided to multiple vehicles under a single policy. Use ACORD 25 for that purpose. PRODUCER StateFarm Lazaro Insurance Agency, Inc. El Cajon Blvd CONTACT NAME: Lazaro Neto (PHONrr , Ext): 619-229-6799 FAX(NC Not: 619 229 6796 E-MAILDRESS: lazaro.neto.m36f@statefarm.com ADDRESS: le San Diego, CA 92105 g NATIONAL CITY CA 91950-6019 PRODUCER CUSTOMER ID #: INSURER(S) AFFORDING COVERAGE NAIC # INSURED INTERNATIONAL COMMUNITY FOUNDATION 2525 N AVE NATIONAL CITY CA 91950-6019 INSURER A : State Farm Mutual Automobile Insurance Company 25178 INSURER B: INSURER C : INSURER D : INSURER E : DESCRIPTION OF VEHICLE OR EQUIPMENT YEAR 2006 MAKE! MANUFACTURER TOYOTA MODEL TUNDRA BODY TYPE PICKUP VEHICLE IDENTIFICATION NUMBER 5TBJU32156S470409 DESCRIPTION VEHICLE/EQUIPMENT VALUE $ SERIAL NUMBER COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICY(IES) OF INSURANCE LISTED BELOW HAS/HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD(S) 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 POLICY(IES) DESCRIBED HEREIN IS/ARE SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICY(IES). INSR LTR AOD'L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YYYY) POLICY EXPIRATION DATE (MM/DD/YYYY) LIMITS Y X VEHICLE LIABILITY 279 9438-813-55B 02/13/2020 08/13/2020 COMBINED SINGLE LIMIT $ BODILY INJURY (Per person) $ 1,000,000 BODILY INJURY (Per accident) $ 1,000,000 PROPERTY DAMAGE $ 1,000,000 GENERAL LIABILITY OCCURRENCE CLAIMS MADE EACH OCCURENCE $ GENERAL AGGREGATE $ $ INSR LTR Loss PAYEE TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DDIYYYY) POLICY EXPIRATION DATE (MM/OD[YYYY) LIMITS ! DEDUCTIBLE X VEH COLLISION LOSS 279 9438-B13-55B 02/13/2020 08/13/2020 ❑x ACV ❑ AGREED AMT ❑ ❑ STATED AMT $ $ 250 LIMIT DED X VEH COMP VEH OTC 279 9438-B13-55B 02/13/2020 08/13/2020 0 ACV ❑ AGREED AMT ❑ ❑ STATED AMT $ $ 250 LIMIT DED EQUIPMENT BASIC SPECIAL BROAD ❑ ACV ❑ AGREED AMT ❑ RC ❑ STATED AMT ❑ $ $ LIMIT DED — — — — REMARKS (INCLUDING SPECIAL CONDITIONS / OTHER COVERAGES) (Attach ACORD 101, Additional Remarks Schedule, if more space is required) ADDITIONAL INTEREST CANCELLATION Select one of the following: The additional interest described below has been added to the policy(ies) listed herein by policy number(s). request has been submitted to add the additional interest described below to the policy(ies) listed herein by policy number(s). SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. XA VEHICLE / EQUIPMENT INTEREST: LEASED FINANCED DESCRIPTION OF THE ADDITIONAL ADDITIONAL INSURED LENDER'S LOSS PAYEE INTEREST LOSS PAYEE NAME AND ADDRESS OF ADDITIONAL INTEREST CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 91950 I X LOAN / LEASE NUMBER AUTHORIZED REPRESENTATIVE ,, // 1 #7o12.16.� ACORD 23 (2016/03) © 1997-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1004361 142£ 344 of 392 c tj-1 - :.1 Community - - L, HousingWorks CHW PROFESSIONAL. SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into this 27th day of _January , 2020("Effective Date"), by and between CHW, a California non-profit organization and Olivewood Gardens, a California tax-exempt, charitable organization ("Contractor") that will serve as fiscal agent for Mundo Gardens, also a California tax-exempt, charitable organization. 1. Contractor agrees to ensure performance of the Scope of Services detailed in Exhibit A (the 'Work") for CHW, at Paradise Creek Community Garden in National City, CA. Contractor agrees to submit a narrative update and financial report at the six month and one-year marks indicating specifically what activities have been undertaken as part of the Scope of Services, and also how funds have been spent with an explanation for any variance from the proposed budget. Contractor will report garden viability to CHW staff, City staff and Council as requested, to inform the ongoing development of National City's urban agriculture -related efforts. 2. Term. This Agreement shall be effective on the date first written above and shall remain in effect for one year, unless otherwise terminated pursuant to the provisions herein. 3. Compensation/Payment. Contractor shall perform the Services under this Agreement for the total sum not to exceed $40,000 payable in accordance with the terms set forth in Exhibit "B." Said payment shall be made in accordance with CHW"s usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to CHW at the address set forth in Section 4 hereof. 4. Notices. Any notices required to be given, hereunder shall be in writing and shall be personally served or given by mail. Any notice given by mail shall be deemed given when deposited in the United States Mail, certified and postage prepaid, addressed to the party to be served as follows: Susan Reynolds, Chief Executive Officer Community HousingWorks 3111 Camino del Rio North, Suite 800 San Diego, CA 92123 5. Contract Administration. A designee of CHW will be appointed in writing by CHW Manager or Department Director to administer this Agreement on behalf of CHW and shall be referred to herein as Contract Administrator. P. 619.282.6647 I F. 619.640.71 19 31 1 1 Camino del Rio North, Suite 800 I San Diego CA 92.108 chworks,org 345 of 392 CHW Community HousingWorks 6. Personnel. Contractor shall furnish all personnel necessary to perform the Services and shall be responsible for their performance and compensation. Contractor recognizes that the qualifications and experience of the personnel to be used are vital to professional and timely completion of the Services. 7. Assignment and Subcontracting. Neither party shall assign any right, interest, or obligation in or under this Agreement to any other entity without prior written consent of the other party. In any event, no assignment shall be made unless the assignee expressly assumes the obligations of assignor under this Agreement, in a writing satisfactory to the parties. Contractor shall not subcontract any portion of the work required by this Agreement without prior written approval by the responsible Contract Administrator. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 10. The Contractor acknowledges and agrees that CHW is an intended beneficiary of any work performed by any subcontractor for purposes of establishing a duty of care between any subcontractor and CHW. 8. Independent Contractor. In the performance of this Agreement, Contractor, and Contractor's employees, subcontractors and agents, shall act in an independent capacity as independent contractors, and not as officers or employees of CHW. Contractor acknowledges and agrees that CHW has no obligation to pay or withhold state or federal taxes or to provide workers' compensation or unemployment insurance to Contractor, or to Contractor's employees, subcontractors and agents. Contractor, as an independent contractor, shall be responsible for any and all taxes that apply to Contractor as an employer. 9. Indemnification. Except for CHW sole negligence or willful misconduct, Contractor shall indemnify and hold CHW, its employees and Contractors harmless from all damages, costs and expenses, including attorneys' fees, in law or equity, including damage to property or personal injury, including death, that may arise or be incurred due to intentional or negligent acts, errors or omissions of Contractor or any of Contractor's employees, substitute Contractors or agents committed while rendering services pursuant to this Agreement. The parties expressly agree that any payment, attorney fee, cost or expense CHW incurs or makes to or on behalf of an injured CHW employee are included as a loss, expense or cost for the purposes of this paragraph. The provisions of this paragraph shall survive the expiration or early termination of this Agreement. P. 619.282.6647 F. 619,640.71 19 31 1 1 Camino del Rio North, Suite 800 l San Diego, CA 92101 chworks.org 346 of 392 CHW _L]Community HousingWorks 10. Insurance. See Exhibit C — CHW Insurance Requirements and Document Compliance memo. The Commercial General Liability, Automobile Liability, and policies shall be endorsed to include CHW, Property Manager, and each of their respective subsidiaries, affiliates, members, investors, lenders, trustees, officers, directors, employees and agents (collectively, the "Additional Insureds") as additional insureds under the commercial general liability, and commercial automobile liability policies required of Contractor, as described in the City of National City's Maintenance and Operating Agreement which must be agreed to prior to work commencing. The additional insured coverage shall not include any special limitations on the scope of protection afforded to Owner or any of the other Additional Insureds. With regard to the commercial general liability policy, the additional insured protection required above shall apply to ongoing and completed operations coverage, which shall be maintained continuously throughout the statutory period applying to claims arising out of the Work after substantial completion, protecting CHW and Additional Insureds for completed operations continuously throughout such period. 11. Right to Employ Other Contractors. CHW reserves the right to employ other Contractors in connection with the Project. If CHW is required to employ another Contractor to complete Contractor's work, due to the failure of the Contractor to perform, or due to the breach of any of the provisions of this Agreement, CHW reserves the right to seek reimbursement from Contractor. 12. Accounting Records. Contractor shall maintain complete and accurate records with respect to costs incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of CHW during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor, except as otherwise directed by the Contract Administrator. Nothing furnished to Contractor which is otherwise known to the Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use CHW's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production, website, or other similar medium without the prior written consent of CHW. P.619.282.6647 i F.619.640.7119 31 t I Camino del Rio North. Suite f300 i San Diego. CA 9210E3 chworks.org 347 of 392 Community HousingWorks CHW 14. Ownership of Documents. All reports, maps, drawings and other contract deliverables prepared under this Agreement by Contractor shall be and remain the property of CHW. Contractor shall not release to others information furnished by CHW without prior express written approval. Materials created prior to this agreement by Contractor, such as designs or drawings, will remain the property of the Contractor. 15. Copyrights. Contractor agrees that any work prepared for CHW which is eligible for copyright protection in the United States or elsewhere shall be a work made for hire. If any such work is deemed for any reason not to be a work made for hire, Contractor assigns all right, title and interest in the copyright in such work, and all extensions and renewals thereof, to CHW, and agrees to provide all assistance reasonably requested by CHW in the establishment, preservation and enforcement of its copyright in such work, such assistance to be provided at CHW's expense but without any additional compensation to Contractor. Contractor agrees to waive all moral rights relating to the work developed or produced, including without limitation any and all rights of identification of authorship and any and all rights of approval, restriction or limitation on use or subsequent modifications. 16. Conflict of Interest. Contractor represents and warrants that by the execution of this Agreement, they have no interest, present or contemplated, in the Project affected by the above -described Services. Contractor further warrants that neither Contractor, nor individuals employed by or otherwise associated with Contractor, have any real property, business interests or income interests that will be affected by this project or, alternatively, that Contractor will file with CHW an affidavit disclosing any such interest. 17. Solicitation. Contractor warrants that Contractor has not employed or retained any person or agency to solicit or secure this Agreement, nor has it entered into any agreement or understanding for a commission, percentage, brokerage, or contingent fee to be paid to secure this Agreement. For breach of this warranty, CHW shall have the right to terminate this Agreement without liability and pay Contractor only for the value of work Contractor has actually performed, or, in its sole discretion, to deduct from the Agreement price or otherwise recover from Contractor the full amount of such commission, percentage, brokerage or commission fee. The remedies specified in this section shall be in addition to and not in lieu of those remedies otherwise specified in this Agreement. 18. General Compliance With Laws. Contractor shall keep fully informed of federal, state and local laws and ordinances and regulations which in any manner arlfect those employed by Contractor, or in any way affect the performance of services by Contractor pursuant to this Agreement. Contractor shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to P. 619.282.6647 I F. 619.640.71 19 311 1 Con -lino del Rio North, Suite 800 I San Diego, CA 92108 chworks,org 348 of 392 014Community HousingWorks CHW comply with all applicable laws, ordinances and regulations. Contractor represents and warrants that Contractor has obtained all necessary licenses to perform the Scope of Services and that such licenses are in good standing. Contractor further represents and warrants that the services provided herein shall conform to all ordinances, policies and practices of CHW. 19. Waiver. No action or failure to act by CHW shall constitute a waiver of any right or duty afforded CHW under this Agreement, nor shall any such action or failure to act constitute approval of or acquiescence in any breach thereunder, except as may be specifically, provided in this Agreement or as may be otherwise agreed in writing. 20. Amendments. This Agreement may be modified or amended only by a written agreement and/or change order executed by the Contractor and CHW. 21. Termination. CHW, by notifying Contractor in writing, shall have the right to terminate any or all of Contractor's services and work covered by this Agreement at any time. In the event of such termination, Contractor may submit Contractor's final written statement of the amount of Contractor's services as of the date of such termination based upon the ratio that the work completed bears to the total work required to make the report complete. In ascertaining the work actually rendered through the termination date, CHW shall consider completed work, work in progress and complete and incomplete reports and other documents only after delivered. 21.1 Other than as stated below, CHW shall give Contractor thirty (30) days prior written notice prior to termination. 21.2 CHW may terminate this Agreement upon fifteen (15) days written notice to Contractor, in the event: 21.2.1 Contractor substantially fails to perform or materially breaches the Agreement; or 21.2.2 CHW decides to abandon or postpone the Project. 21.3 If the Contractor wishes to terminate the Agreement, Contractor will notify CHW in writing, in detail, of the circumstances for exiting the agreement, and immediately return unused funds with a full and substantiated accounting of funds spent through the date of the notice of intent to terminate. Ongoing work with subcontractors or other parties associated with the agreement will also terminate, and a new operator selection process will be undertaken. 22. Offsets. Contractor acknowledges and agrees that with respect to any business tax or penalties thereon, utility charges, invoiced fee or other debt which Contractor owes or may owe to CHW, CHW reserves the right to withhold and offset said amounts from P. 619.282.6647 j F. 619.640.71 19 3111 Camino del Rio North. Suite 800 Son Diego, CA 92108 chworks.org 349 of 392 1 , Community l ' Li HousingWorks CHW payments or refunds or reimbursements owed by CHW to Contractor. Notice of such withholding and offset, shall promptly be given to Contractor by CHW in writing. In the event of a dispute as to the amount owed or whether such amount is owed to CHW, CHW will hold such disputed amount until either the appropriate appeal process has been completed or until the dispute has been resolved. 23. Successors and Assigns. This Agreement shall be binding upon CHW and its successors and assigns, and upon Contractor and its permitted successors and assigns, and shall not be assigned by Contractor, either in whole or in part, except as otherwise provided in paragraph 7 of this Agreement. 24. Venue and Attorneys' Fees. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county. In the event either party hereto shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition of this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs thereof, including reasonable attorneys' fees. However, the recovery of attorneys' fees by the prevailing party is limited to individual actions or proceedings in which CHW elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fee. In no action shall an award of attorneys' fees to the prevailing party exceed the amount of reasonable attorneys' fees incurred by CHW in the action or proceeding. 25. Nondiscrimination. During Contractor's performance of this Agreement, Contractor shall not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sex, genetic information, gender, gender identity, gender expression, or sexual orientation, in the selection and retention of employees and subcontractors and the procurement of materials and equipment, except as provided in Section 12940 of the California Government Code. Further, Contractor agrees to conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement. 26. Severability. Each provision, term, condition, covenant and/or restriction, in whole and in part, of this Agreement shall be considered severable. In the event any provision, term, condition, covenant and/or restriction, in whole and/or in part, of this Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part thereof P. 619.282.6647 i F. 619.640.71 19 1 1 I C<smino del Rlo North, Suite 800 Son Diego, CA 9210:' cllworks.org 350 of 392 CiW Community HousingWorks shall be severed from this Agreement and shall not affect any other provision, term, condition, covenant and/or restriction of this Agreement, and the remainder of the Agreement shall continue in full force and effect. 27. Authority. The individuals executing this Agreement and the instruments referenced herein on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof and thereof. 28. Entire Agreement. This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings or agreements of the parties. Neither party has been induced to enter into this Agreement by and neither party is relying on, any representation or warranty outside those expressly set forth in this Agreement. 29. Interpretation. CHW and Contractor acknowledge and agree that this Agreement is the product of mutual arms -length negotiations and accordingly, the rule of construction, which provides that the ambiguities in a document shall be construed against the drafter of that document, shall have no application to the interpretation and enforcement of this Agreement. 29.1 Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of the Agreement or any of its terms. Reference to section numbers, are to sections in the Agreement unless expressly stated otherwise. 29.2 This Agreement shall be governed by and construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement. 29.3 In the event of a conflict between the body of this Agreement and Exhibit "A" - Scope of Services hereto, the terms contained in Exhibit "A" shall be controlling. 30. Exhibits. The following exhibits attached hereto are incorporated herein to this Agreement by this reference: Exhibit "A" - Scope of Services Exhibit "B" — Compensation Exhibit "C" — CHW Insurance Requirements and Document Compliance Memo P. 619.282.6647 I F. 619.640.71 19 31 1 1 Camino del Rio North, Suite 800 I San D ego, CA 92108 chworks.org 351 of 392 Community " 4 lJ HousingWork. CHW IN WITNESS WHEREOF, CHW and Contractor have caused this Agreement to be duly executed the day and year first above written. Signed: Jorge Riquelme, Senior VP CHW JeNation, Executive Director Oiivewood Gardens (Fiscal Agent) P. 619.282.6647 i F. 619.640,7119 3111 Camino del Rio North, Suite 800 1 San Diego, CA 92108 chworks,org 352 of 392 Community HousingWorks CHW EXHIBIT "A" REP SCOPE OF SERVICES Public engagement is crucial to this project and the Contractor is expected to involve members of the public throughout the duration of the project, including existing community garden committee members and local residents. Contractor is expected to complete outreach work according to the goals, plans, and needs stated by CHW. The overall goal is to have a well -maintained, productive garden that is accessible to all community members. Activities: • Developing and following a planting and maintenance calendar • Ensuring the ability of the garden to thrive • Securing seeds, fertilizer and other materials • Hosting community groups and engaging with visitors to the garden • identifying and delivering opportunities for educational programming to a range of age groups, including partnering with other non -profits and educational providers • Delivery of technique demonstration and ongoing technical support for those growing home gardens • Engaging in resourceful and sustainable water and energy management • Ensuring funds are spent only on community garden related activities and efforts and are stewarded in an effective manner • Acquiring additional funds from other sources to build on a successful garden program • Working with CHW and City Staff to ensure development of a sustainable and community -accessible resource Deliverables: Contractor will submit six month and annual progress reports to CHW detailing outcomes and accomplishments in both urban farming and community outreach and engagement at Paradise Creek Community Garden. Contractor must also agree to submit a financial report at the six month and one-year marks indicating specifically how funds have been spent and explaining any variance from the proposed budget. Contractor will report garden viability to City staff and Council as requested, to inform the ongoing development of National City's urban agriculture -related efforts. P. 619.282.6647 1 F. 619.640.71 19 31 1 1 Camino del Rio North, Suite 800 i Son Diego, CA 92108 chworks.org 353 of 392 gilt Community HousingWorks CHW Following is the Scope of Services proposed by Olivewood and Mundo Gardens: Form and manage a Steering Committee made up of residents from Paradise Creek apartments and the Old Town community who will assist with site planning and development. Work collaboratively and in partnership the steering committee, other residents, Community Housing Works, Paradise Creek Educational Park Inc., Olivewood Gardens and Learning Center, and the City of National City. Assign two paid staff as garden coordinators to be responsible for daily operation of the garden, including establishing and communicating farming models, guidelines, and best practices; record keeping; distributing required documents and waivers for all gardeners and volunteers; recording hours and assigning tasks to volunteer gardeners and interns; maintaining a clean and attractive garden year-round, including creating a system for periodic clean-ups, crop rotation, winterization, and work requirements; keeping a written waiting list of potential gardeners so that vacant garden beds can be easily filled; recruiting and involving neighbors to help in a garden or park; maintaining a list of the gardeners' names, mail and email addresses, phone numbers, and emergency contacts; creating a sign contact information and hours; securing the garden; and, administrative duties such as, but not limited to accounting, grant writing, filing, etc. Create formal rules and regulations to serve as an agreement with community members who are interested in leasing a garden bed at the community garden, as well as for visitors and volunteers. The document will include pest control guidelines; water & utilities guidelines; standard fee/duration/location for garden bed lease; maintenance and clean-up requirements. Resolve any garden bed or site -related problems and/or concerns that cannot be resolved privately, in consultation with CHW and City staff. Engage in clear, respectful, culturally responsive, and regular two-way communication with the community including through bulletin board posts; website information; social media; on -site signage; Steering Committee meetings; and via email. Staff the garden for operating hours on Saturday - Sunday from 8am to sundown, and Monday - Friday for scheduled educational programs or by appointment; any changes will be posted at the earliest possible notice at the garden and on social media. P. 619.2E32,6647 i F. 619.640.71 19 I I 1 Conlin() Rio North. Suile 800 I San Diego, CA 92108 chworks.org 354 of 392 Community t= =� LI HousingWorks CHW Work with City planners to determine the number of garden beds that can be installed, and with CHW to determine the number that will be made available for lease and the number that will be used as teaching beds, Manage the lease application process and assign to qualified gardeners on a first come/first serve basis. Garden beds will be leased for one year or until such a time that the operators determine the lessee is not fulfilling the lease agreement, or determines that the lessee is fulfilling the terms and renews their lease on the garden bed. Manage the waiting list and engage those on it in preparatory events at the garden. Allocation of beds will be based on participation, knowledge and commitment to garden policies and determined by management of the operating organizations. Conduct a minimum of one, 1-hour training session to review guidelines on composting, cover crops, planting and best practices including energy and water conservation procedures and the use of the planned catchment system. Post an emergency evacuation plan, First Aid Kit and emergency phone number at the garden site. Plan and execute formal and informal learning opportunities, including gardening classes, arts and culture events, leadership training/workshops, healthy food demos, and community celebrations. Provide a monthly activities calendar to residents, CHW staff and the City a minimum of 6 weeks prior to the start of each month. Identify and build programs and partnerships to increase access to healthy foods, including those related to production, yield and distribution of produce; count, weigh, and measure said produce for reporting purposes and resource development. Attend Community Housing Works meetings, community events, health fairs, school presentations at the PTAs and PTOs; outreach to Kimball Elementary to help children learn how to prepare healthy snacks, as well as to middle and high school students throughout the district. Track and report the following outreach indicators: volunteer sign ins, Facebook page likes, Twitter followers, Instagram followers, fnstagram Likes, Yelp reviews, Networking events, Published articles, Newsletters mailed, and Email marketing subscribers. Track and report program attendance and budget indicators, as well as anecdotal feedback on program content and garden structure and usage. P. 619. 282.664 7 I F. 619.640.7119 31 1 1 Camino del 17io North, Suite 800 I San Diego, CA 92108 chworks.org 355 of 392 ,°`F ' Community 4 U HousingWorks CHW EXHIBIT "B" RFP COMPENSATION Cost of Services and Budget: The budget should reflect a total not to exceed $40, 000 for the Contractor portion of Community Garden Operation for one year (note the total amount of funding available for each year of the five years of potential operations is anticipated to be between $30,000 and $40,000). The Contractor should provide a basic budget justification which demonstrates proposed use of the project fee. Costs over and above that amount should be allocated to an identified revenue source. The garden space will be built out with raised beds, irrigation, bench seating, decomposed granite ground cover, a storage shed and secure enclosure. Funding will be provided for initial purchase of gardening supplies but there is no additional funding for large equipment or operations. Olivewood/Mundo Gardens Paradise Creek Community Garden 2020-2021 Twelve Month Budget Item Amount REVENUE CHW Operator Funding $ 39,420 TOTAL REVENUE $ 39,420 EXPENSE Personnel $ 26,000 Taxes $ 2,600 Payroll $ 720 Fiscal Agent/Consulting $ 4,000 Subcontractor Partner $ 1,000 Infrastructure/repairs $ 1,000 Supplies/equipment $ 2,000 Insurance $ 1,600 Printing/marketing $ 500 TOTAL EXPENSE $ 39,420 P.61'1,282.6647 F.619,640,7119 3 11 Camino del Rio North, Suite 800 i Son Diego, CA 92108 chworks.org 356 of 392 FI , rpvt;-- I Community `-"-- 1J HousingWorks CHW TO: Prospective Providers, Vendors, Consultants and Contractors RE: Exhibit "C" - CHW Insurance Requirements & Document Compliance Before an engagement with Community HousingWorks ("CHW") to provide services or perform work at any of our properties, we must first obtain the following documents and forms which MUST be completed and submitted to CHW prior to any work being started: • Certificate of Insurance, currently dated, with applicable endorsements • Compliance with our Insurance Requirements Exhibit • Copy of contractor's license (if applicable) • Completed IRS form W-9 (Payer's Request for Tax Identification Number & Certification) Your Certificate of Insurance must include the following when evidenced: 1. Commercial General Liability insurance 2. Commercial Automobile Liability insurance 3. Worker's Compensation & Employers Liability Insurance; however, if you are a sole owner/proprietor/partnership with no employees and exempt yourself from Workers Comp in compliance with the California statute, please confirm so in writing to us. 4. Additional Insured Endorsements for #1 and #2 above, protecting CHW Entities in #6 5. Waiver of Subrogation Endorsements for #1, #2 & #3 above, protecting CHW Entities in #6 6. CHW Entities Protected — Additional Insured & Waiver of Subrogation Endorsements must identify and protect the following CHW Entities, including each of their respective members, partners, investors, lenders, directors, officers, employees and agents: • Community HousingWorks • Property Manager • Paradise Creek Housing Partners, L.P. • Paradise Creek II Housing Partners, L.P. 7. Contractor's License must be provided (if applicable) P. 619.282,6647 1 F. 619.640.71 19 31 1 1 Camino del Rio North, Suite 800 1 San Diego, CA 92106 chworks.org 357 of 392 358 of 392 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City confirming and ratifying an order of the Emergency Services Director relaxing certain regulations related to outdoor use by restaurants, places of worship, and personal services businesses due to the COVID-19 pandemic. (Planning) Please scroll down to view the backup material. 359 of 392 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 4, 2020 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City confirming and ratifying an order of the Emergency Services Director relaxing certain regulations related to outdoor use by restaurants, places of worship, and personal services businesses due to the COVID-19 pandemic. PREPARED BY: Martin Reeder, AICP — Principal Planner DEPARTMENT: Com i evelopment PHONE: 619-336-4313 APPROVED BY: EXPLANATION: As a result of Public Health Orders issued by the Governor of the State of California, as of July 15, 2020, a vast majority of restaurants, places of worship, and personal services businesses in the City of National City were forced to cease all indoor operations for a potentially prolonged period of time. These businesses are important to the physical and mental wellbeing of the residents of National City and surrounding communities, and these closures will result in a significant loss of business for personal service businesses located in the City of National City. In order to ensure that local businesses survive during this public health emergency, the Emergency Services Director (City Manager) issued an emergency order on July 21, 2020 temporarily relaxing certain regulations to provide important services to local residents, support local businesses, promote economic stability, and to promote a stable business and job market for employers and employees to return to once the local emergency is abated. Municipal Code section 2.48.060 (A)(6) requires that such rules and regulations must be confirmed at the earliest practicable time by the City Council. Tonight is the first opportunity for confirmations and ratification of the Order. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Not subject to the California Environmental Quality Act. APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Emergency Order 2. Resolution I 360 of 3921 AN ORDER OF THE EMERGENCY SERVICES DIRECTOR RELAXING CERTAIN REGULATIONS RELATED TO OUTDOOR USE BY RESTAURANTS, PLACES OF WORSHIP, AND PERSONAL SERVICES BUSINESSES DUE TO THE COVID-19 PANDEMIC The Emergency Services Director does hereby find and order as follows: 1„ Findings. A. On January 31, 2020, the Secretary of the United States Department of Public Health and Human Services declared a public health emergency as a result of the discovery of the novel coronavirus ("COVID-19"). B. On March 4, 2020, Governor Newsom proclaimed a State of Emergency to exist in the State of California as a direct result of the threat presented by COVID-19. C. On March 12, 2020 the City of National City's ("City") Emergency Services Director declared a local emergency as a result of the continued spread of COVID-19. The City Council ratified the declaration of local emergency. D. On March 19, 2020, Governor Newsom issued Executive Order N-33-20. This order required all individuals living in the State of California to stay home or at their place of residence except as needed to maintain the continuity of operations of the federal critical infrastructure sections. E. On May 4, 2020, Governor Newsom issued Executive Order N-60-20 which allowed non -essential businesses to reopen in phases and in compliance with criteria set by the California Public Health Officer, and based on certain public health criteria being met on a county -by -county basis. F. On May 27, 2020, places of worship, salons, and barber shops in the City of National City were allowed to reopen for business. G. On June 12, 2020, restaurants and fitness centers in the City of National City were allowed to reopen for business. H. On June 19, 2020, spas, nail salons, massage, and tattoo parlors in the City of National City were allowed to reopen for business. I. On July 13, 2020, the State of California issued a Public Health Order and on July 14, 2020, the County of San Diego County issued a Public Health Order (collectively, "Public Health Orders") that required businesses engaged in personal care services, including nail salons, massage parlors, tattoo parlors, hair salons and barber shop services, gym and fitness services (hereinafter collectively referred to as "personal services businesses"), restaurants, and places of worship to close indoor operations. J. As a result of the Public Health Orders, as of July 15, 2020, a vast majority of restaurants, places of worship, and personal service businesses in the City of National City will be forced to cease all indoor operations for a potentially prolonged period of time. These businesses are important to the physical and mental wellbeing of the residents of National City and surrounding communities, and these closures will ATTACHMENT 1 1 361 of 392 result in a significant loss of business for personal service businesses located in the City of National City. K. It is in the public interest to take steps to ensure local businesses survive during this public health emergency, and this Order temporarily relaxes certain regulations to provide important services to local residents, support local businesses, promote economic stability, and to promote a stable business and job market for employers and employees to return to once the local emergency is abated. L. Adopting this Order is necessary and appropriate to address the immediate threats to the public health, safety, and welfare of residents and local businesses related to the significant economic impacts of the COVID-19 pandemic, to support businesses to be successful in their reopening in compliance with public health criteria, and to support compliance with the Public Health Orders and criteria related to COVID-19 to continue to mitigate the spread of COVID-19 in the City. 2. Order Text Pursuant to the powers granted to the Emergency Services Director pursuant to National City Municipal Code section 2.48.060(A)(6)(a), I hereby order as follows: SECTION 1. Notwithstanding the requirements of National City Municipal Code Chapters 18.22, 18.25, and 18.45, and space permitting, restaurants, places of worship and personal services businesses may temporarily relocate some or all of their existing business operations to an adjacent outdoor area under the following conditions: A. Maximum Outdoor Space Available for Outdoor Business Use. Restaurants, places of worship. and personal services businesses may collectively utilize up to twenty-five percent (25%) of the parking lot adjacent to their retail center or building to continue the conduct of their businesses in Tight of the Public Health Orders. All designated handicapped parking spaces must always remain open and available for use by handicapped drivers. Said businesses are responsible for obtaining any necessary permissions from the landlord of the property and/or the landlord's property management company for the use of adjacent privately -owned outdoor areas, such as landscaped areas or parking lots. B. Outdoor Layout Review and Site Inspection. An Outdoor Layout Review and Site Inspection is required to relocate some or all of a restaurant, places of worship or personal services business to an adjacent privately -owned outdoor area that was not originally permitted for said outdoor use, such as landscaped areas and parking lots, and in adjacent public areas such as sidewalks within the public right-of-way. The Outdoor Layout Review and Site Inspection shall be conducted by a City Fire Inspector who will review and either approve or require modifications to the proposed outdoor layout based on the following criteria: . Outdoor use layout does not create a safety risk and adequate pedestrian and vehicular separation is maintained, including with movable barriers as appropriate where outdoor use will take place in parking lots. 2 362 of 392 ii. The outdoor layout must accommodate appropriate vehicle and pedestrian circulation and maintains adequate paths of travel and complies with accessibility requirements of the Americans with Disabilities Act. iii. Any canopies, pop -ups, overhead shelters (collectively, "canopies") and the like must comply with fire codes, the Public Health Orders and safety standards set forth by the National Fire Protection Association and must include an affixed manufacturer's label stating the canopies meets NFPA requirements. A State Fire Marshal seal on the canopies or a certificate is needed to prove treatment. iv. Any placement or installation of temporary improvements, including but not limited to chairs and tables; pedestrian safety lights; heat lamps, fans, or other temperature control devices; canopies or other overhead shelter; posted signage; and other items that support table service or outdoor dining are subject to all applicable provisions of the California Building Code. v. No discharge of any types of solids or liquids, including water, can be made or caused to be made into any storm water drain. C. No Fee. No fee will be charged for conducting an Outdoor Layout Review and Site Inspection. D. Occupancy. Total occupancy of any outdoor space by a restaurant, places of worship or personal services business shall not exceed that business's maximum allowed indoor occupancy limit. E. Trash and Debris Removal. Temporary outdoor use areas, including any adjacent landscaped areas, sidewalks, and parking areas, shall be kept free of trash and debris at all times. Each restaurant, places of worship or personal services business shall ensure the cleanup and removal of any trash and debris at the conclusion of its operation on each and every day of operation. F. Other Regulations and Approvals. Restaurants, places of worship or personal services businesses requesting an Outdoor Layout Review and Site Inspection from the City are responsible for maintaining compliance with Municipal Co.de and all other applicable regulations, in general and for their industry, and obtaining any approvals required from other agencies, including, but not limited to, the San Diego County Department of Environmental Health, the San Diego County Health and Human Services Agency, the California Board of Barbering and Cosmetology, and the California Department of Consumer Affairs. SECTION 2. Upon the expiration or termination of this Order, the relaxation of regulations related to outdoor use contained herein shall be of no further force and effect. Regulations relating to outdoor use shall revert back to the regulations as written and/or codified in the National City Municipal and Development Code. All improvements used for temporary outdoor use shall be removed immediately 3 363 of 392 at the expense of the personal services businesses. All outdoor spaces utilized pursuant to this Order shall be returned to the condition they were in just prior to their use for outdoor business purposes. SECTION 3. Effective Date. This Order shall take immediately and shall remain in effect for the duration of the local emergency or until revoked by the Emergency Services Director. SECTION 4. Confirmation. This Order shall be confirmed at the earliest practicable time by the City Council, per Municipal Code section 2.48.060 (A)(6)(a). SECTION 5. California Environmental Quality Act. This action is statutorily exempt under California Environmental Quality Act (CEQA) section 20180(b)(4) (specific actions necessary to prevent or mitigate an emergency) and is categorically exempt from CEQA under CEQA Guidelines 15301 (existing facilities), 15304(e) (minor temporary use of land having negligible or no permanent effects on the environment). SECTION 6. Severability. If any provision of this Order is held invalid by a court of competent jurisdiction, such provision shall be considered a separate, distinct, and independent provision and such holding shall not affect the validity and enforceability of the other provisions of this Order. IT IS SO ORDERED. Dated: July 21, 2020 ATTEST: fLe, Michlael R. Dalla, City Clerk APPROVED AS TO FORM: o ris-Jones Attorney By: n Emergency Services Director 4 364 of 392 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City adopting the Censure of Councilmember Ron Morrison for violation of City Council Policy #119. (City Attorney) Please scroll down to view the backup material. 365 of 392 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 4, 2020 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City Adopting the Censure of Councilmember Ron Morrison for violation of City Council Policy #119. PREPARED BY: Angil P. Morris -Jones DEPARTMENT: City Attorney PHONE: 619 336-4220 APPROVED BY: EXPLANATION: Attached is a Resolution Adopting the Censure of Councilmember Ron Morrison for violation of City Council Policy #119. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Resolution 366 of 392 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City reducing the property tax rate for the Library General Obligation Bonds for fiscal year 2021 from 0.67 cent per $100 of assessed valuation to 0.59 cent. (Finance) Please scroll down to view the backup material. 367 of 392 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 4, 2020 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City reducing the property tax rate for the Library General Obligation Bonds for fiscal year 2021 from 0.67 cent per $100 of assessed valuation to 0.59 cent. PREPARED BY: Arnold Ocana, Acting Finance Manager DEPARTMENT: Fina PHONE: 619-336-4342 APPROVED BY: EXPLANATION: In the special municipal election held on March 5, 2002, more than two-thirds of National City's eligible voters approved the issuance of general obligation bonds to fund the construction of the new National City Library. In April 2003, the City issued the general obligation bonds in the aggregate principal amount of $6 million. Those bonds mature on August 1st of each of the years 2004 through 2028. In 2012, the City refinanced the bonds to lower the interest rate on the bonds and to decrease the tax burden required for repayment. The amount of principal and interest to be paid each year is generated through the proceeds of property taxes received from the County of San Diego. Each year, the City must establish the property tax rate that is needed to raise the revenue required to service its annual bonded indebtedness. For fiscal year 2021, the calculated property tax rate is 0.59 cent per $100 of assessed value. This is a 10.41% reduction from the prior year rate of 0.67 cent and the 10th consecutive tax rate reduction since fiscal year 2011. The total tax rate reduction since fiscal year 2011 is approximately 53.55%. FINANCIAL STATEMENT: APPROVED: FINANCE ACCOUNT NO. APPROVED: MIS NA ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Adopt the resolution, reducing the property tax rate for the Library General Obligation Bonds for fiscal year 2021 from 0.67 cent per $100 of assessed valuation to 0.59 cent. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. General Obligation Bond Tax Rate Computation for fiscal year 2021 2. Resolution General Obligation Bond Debt Service (Fund 259) Tax Rate Computation for Fiscal Year 2021 National City Secured Valuation Unsecured Valuation HO Exemption 1 Net Secured Valuation 3 Less Delinquency Allowance 4 Net after Delinqency 5 Plus HOPTR 6 Prelim Adj Secured Valuation 7 Less Redevelopment Impact 8 Adj Sec Valuation Less Redevelopment Impact 9 Anticipated Roll Corrections 10 Adj Sec Val for Rate Computation 16 Computed Rate (per $100) 17 Plus .0001 Rate per $100 0.0059400 0.0066300 Assessed Valuation 4,334,267,643 247,774,739 28,582,737 4,334,267,643 4,334,267,643 28,582,737 4,362,850,380 4,362,850,380 4,362,850,380 0.00584000 0.00594000 FY20/21 Est. Revenue 257,455 16,427 273,883 Fund No. 6065-50 PY Rate Change: 10.4072% 11 Amount to be raised 12 Unsecured HOPTR 14 Unsecured Delinquency 15 Less Unsecured Redevelopment Impact 16 Amount to be raised by Secured Taxes 18a Tax rate times #4 18b Tax rate times HOPTR 19 Secured Proof 20 Raised by 1/100th mil 21,23 Taxes Raised I CERTIFY THAT THE ABO E UTED RATE + 1/100 H MIL IS A REASONABLE TAX RATE FOR THIS FUND 7/22/2020 Arnold Ocana Acting Finance Manager Date 270,779 16,099 254,680 253,121 1,669 254,790 4,363 275,252 G:\FINANCE\GO Bond Property Tax Rate for Indebtedness\FY 2021 Go Library Bond Tax Rate\GO Bond Rate Calculation - 2021 Tax Roll.xlsx Tab: Attachment FY21 369 of 392 The following page(s) contain the backup material for Agenda Item: Notice of Decision — Planning Commission approval of a Conditional Use Permit (CUP) for indoor commercial recreation (basketball gym) located at 1840 Wilson Avenue, Suite 'A'. (Applicant: Justin Tate) (Case File No. 2020-08 CUP) (Planning) Please scroll down to view the backup material. 370 of 392 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 4, 2020 AGENDA ITEM NO. ITEM TITLE: Notice of Decision — Planning Commission approval of a Conditional Use Permit (CUP) for indoor commercial recreation (basketball gym) located at 1840 Wilson Ave. Ste. 'A'. (Applicant: Justin Tate) (Case File No. 2020-08 CUP) PREPARED BY: Chris Stanley — Assistant Planner C. �• PHONE: '619-336-4381 DEPARTMENT: APPROVED BY: ty Development EXPLANATION: The business has applied for a CUP to operate a basketball gym (Dog Hours Athletics) to train youth at a vacant industrial suite located at 1840 Wilson Ave. The proposed hours of operation were 11:00 a.m. to 9:00 p.m. daily, but the Planning Commission voted to expand the hours of operation to 7:00 a.m. to 9:00 p.m. daily. The Planning Commission also voted to omit a condition requiring the doors of the gym to be closed during the hours of operation. The Planning Commission conducted a public hearing on July 20, 2020. Commissioners asked questions regarding air quality, potential job opportunities, and the hours of operation. The Commission voted to approve the CUP based on required findings and subject to Conditions of Approval. The attached Planning Commission staff report describes the proposal in detail. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: The project is categorically exempt as defined in Class 1, Section 15301 Existing Facilities. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Natividad, DelaPaz, Flores, Yamane, Garcia, Sendt ATTACHMENTS: 1. Overhead 3. Resolution No. 2020-07 2. Planning Commission Staff Report 4. Reduced Plans 1371 of 3921 2020-08 CUP — 1840 Wilson Ave. — Overhead It MO iiiiiiiiiiii illetimitem, iiiii i 811111 III $ I ATTACHMENT 1 N 1 372 of 392 Title: CALIFORNIA }-f NATIONAL CIf, i'IT +INCORPORATED COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING DIVISION 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Item no. 3 July 20, 2020 PUBLIC HEARING — CONDITIONAL USE PERMIT FOR COMMERCIAL RECREATION INDOOR (BASKETBALL GYM) TO BE LOCATED AT 1840 WILSON AVENUE Case File No.: 2020-08 CUP Location: Northwest corner of Wilson Avenue and West 19th Street Assessor's Parcel Nos.: 559-101-02 Staff report by: Chris Stanley, Assistant Planner Applicant: Justin Tate Zoning designation: Limited Commercial (CL) Adjacent use and zoning: North: Residential / Limited Commercial (CL) East: Residential and Parking across Wilson Ave. / Mixed -Use Commercial — Residential -1 (MCR-1) South: Commercial and Residential / Limited Commercial (CL) West: Personal Storage and the Interstate 5 Freeway / Limited Commercial (CL) Environmental review: Categorical Exemption Class 1, Section 15301 Existing Facilities Staff recommendation: Approve ATTACHMENT 2 2 373 of 392 Planning Commission Meeting of July 20, 2020 Page 2 Staff Recommendation Staff recommends approval of the basketball gym at an existing warehouse located at 1840 Wilson Ave. Commercial Recreation, Indoor is conditionally -allowed in the Limited Commercial (CL) zone. The proposed hours of operation are 11:00 a.m. to 9:00 p.m. daily. Executive Summary The business has applied for a Conditional Use Permit (CUP) to operate a basketball gym at an existing warehouse. While noise can be a concern for gym - like uses, in this case, it is not expected to be an issue due to the proposed hours of 11:00 a.m. to 9:00 p.m. and the mostly non-residential uses in the immediate vicinity (Interstate 5 Freeway and personal storage to the west, commercial to the south, and church parking to the east). Site Characteristics The project location is an existing 2,332 square -foot warehouse located at 1840 Wilson Ave. The suite is 50 feet wide by 43 feet deep. The surrounding uses for the property are single-family residential to the north, church parking and single-family residential to the east across Wilson Ave., commercial and residential to the south, and personal storage and the Interstate 5 Freeway to the west. Proposed Use The proposed basketball gym would include a half court, an office/reception area, restroom, and workout area. The hours of operation would be from 11:00 a.m. to 9:00 p.m. daily. The academy would be a training space for young athletes in the area. Specific Plan The General Plan Land Use Element designates the area in which the property exists as Specific Plan. The proposed gym use is consistent with the intent of the Specific Plan land use designation described above, as the gyms are a conditionally -permitted use in the Westside Specific Plan. Additionally, the project is consistent with multiple General Plan policies, as follows: 3 374 of 392 Planning Commission Meeting of July 20, 2020 Page 3 • Policy HEJ-3.5: Raise awareness about the importance of healthy behaviors and physical fitness to overall well-being. The proposal is consistent with this policy, as the basketball gym provides a location for fitness instruction and classes. • Policy LU-5.1: Support, stimulate, and foster increased activity of existing businesses within the city through the establishment of mixed -use areas that will promote activity during more hours of the day. The gym's proposed operation hours of 11:00 a.m. to 7:00 p.m. daily will bring some much needed activity to the area. The General Plan designates the use as Specific Plan; the Westside Specific Plan designates the area as commercial. The basketball gym will bring in activity that the surrounding uses do not (personal storage, warehousing, etc.), which will provide more of a neighborhood feeling. Westside Specific Plan 1840 Wilson Ave. is zoned CL in the Westside Specific Plan. The basketball gym is classified as an indoor commercial recreation use that requires a CUP in the CL zone. Parking Requirement —Unfortunately there is no category for the parking requirement for gym facilities in the Westside Specific Ran; there is however a category for industrial uses. The site is a legal non -conforming structure that was previously used for a welding business and warehousing; both of which are considered industrial uses. Industrial uses require two parking spaces per 1,000 square feet of floor area. At approximately 4,500 square feet of floor area, the site would have required nine parking spaces; six parking spaces are provided at the rear of the parcel. There are two suites within the building, with the basketball gym in the suite facing Wilson Ave. While parking is provided, it is unclear if the parking spaces are for just the rear suite, shared, or for just the front suite. There is also street parking in front of the business for up to three parking spaces (60 feet). While the parking does not meet the required amount, Land Use Code (LUC) Section 18.11.080 states that non -conforming parking facilities shall not require an addition or change in off-street parking facilities unless it is an entertainment or public assembly use, which the basketball gym is not. 4 375 of 392 Planning Commission Meeting of July 20, 2020 Page 4 The applicant has stated that there will usually be around one to two athletes on - site at a time, with a maximum of four. The applicant works with the athletes individually, so there would not be many athletes at any one time; he expects the athletes to be dropped off. At some point, if the business is popular enough, there is the possibility of school classes or camps, which would be approximately 15 to 20 athletes, but they would also be dropped off. With the athletes being dropped off, there would be no concern for parking. Noise — Although gyms can be considered noisy, the limited amount of athletes and proposed hours should alleviate any concerns. The neighboring uses are personal storage, parking, and commercial. There is a residence directly north of the subject site, but along with limiting the number of athletes and operation hours, the use would be conducted indoors and must adhere to the noise limitations of the National City Municipal Code. There are two doors facing Wilson Ave., and a roll up door on the south side of the suite, but none facing the residence directly to the north of the parcel. The two front doors do not face a residence, but rather a church parking lot and the south -facing roll -up door faces an industrial building, which should further help alleviate any noise concerns, in addition, a condition has been place requiring the doors to be shut at all times. Mailing — All property owners and occupants within a distance of 300 feet are required to be notified of a public hearing for CUP applications, as such, 69 notices were mailed out. Required findings The Municipal Code contains six required findings for a CUP: 1. The proposed use is allowable within the applicable zoning district pursuant to a CUP and complies with all other applicable provisions of the LUC. Commercial recreation indoor is permitted in the CL zone, subject to a CUP, per Appendix A of the Westside Specific Plan, and the gym complies with all provisions of the LUC as discussed in the staff report. 2. The proposed use is consistent with the General Plan and any applicable specific plan. 5 376 of 392 Planning Commission Meeting of July 20, 2020 Page 5 The General Plan refers to the Westside Specific Plan, which permits commercial recreation indoor with a CUP. 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 proposed gym is located in a commercial zone that allows for such a use. A gym would help to create more of a neighborhood feel more than the previous industrial use. The limited size of the site and proposed one-on-one training assures that the number of people on -site would be limited. 4. The site is physically suitable for the type, density, and intensity in use being proposed, including access, utilities, and the absence of physical constraints. The site is capable of highly intensive uses and is proposed to be converted to a less intensive use in an existing building located on a property that has suitable access and utilities. 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. The proposed commercial recreation indoor use would not be injurious or detrimental to the public, as it is located in a commercial zone in and surrounded by uses that primarily operate during the day; the proposed gym would also operate during the day. All training will be conducted indoors to prevent impacts on neighboring uses. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA). Staff has determined that the proposed use is categorically exempt from a CEQA environmental review as defined in Categorical Exemption Class 1, Section 15301 Existing Facilities. 6 377 of 392 Planning Commission Meeting of July 20, 2020 Page 6 Department Comments The application was routed to the Building Division and Fire Department. The Building Division provided a standard comment that the construction meet current building codes. The Fire Department provided a similar comment, that the project be designed to Fire code. Conditions of Approval Conditions have been added to mitigate any potential issues including: prohibiting outdoor training, requiring the doors to be shut at all times to alleviate potential noise issues, and requiring that the suite adhere to the noise limitations contained in Table III of Title 12 (Noise) of the National City Municipal Code. Summary The proposed use is consistent with the General Plan and the Westside Specific Plan; a gym is a conditionally -permitted use that would provide a conforming use in a non -conforming building; the building previously housed an industrial use, which would not conform to the current zoning. The gym would help to provide a feeling more consistent with a neighborhood by providing youth with a safe place to be active. Potential issues with parking and noise are mitigated by the fact that the gym would operate no later than 9:00 p.m., is not required to provide additional parking, and would have one-on-one training, limiting the number of athletes in the building at the same time. 7 378 of 392 Planning Commission Meeting of July 20, 2020 Page 7 Options 1. Approve 2020-08 CUP subject to the conditions listed within, based on the attached findings, or findings to be determined by the Planning Commission; or 2. Deny 2020-08 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 of Approval 3. Overhead 4. Applicant's Plans (Exhibit A, Case File No. 2020-08 CUP, dated 6/9/2020) 5. Public Hearing Notice (Sent to 69 property owners & occupants) 6. Resolutions CHRIS STANLEY Assistant Planner ARMANDO VERGARA Director of Community Development 8 379 of 392 RECOMMENDED FINDINGS FOR APPROVAL 2020-08 CUP — 1840 Wilson Ave. 1. The proposed use is allowable within the applicable zoning district pursuant to a CUP and complies with all other applicable provisions of the LUC because Indoor Commercial Recreation is permitted in the CL zone, subject to a CUP, per Appendix A of the Westside Specific Plan, and the gym complies with all provisions of the LUC as discussed in the staff report. 2. The proposed use is consistent with the General Plan and any applicable specific plan because the General Plan refers to the Westside Specific Plan, which permits commercial recreation indoor with a CUP. 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 proposed gym is located in a commercial zone that allows for such a use. A gym would help to create a neighborhood feel more than the previous industrial use. The limited size of the site and proposed one-on-one training assures that the number of people on -site would be limited. 4. The site is physically suitable for the type, density, and intensity in use being proposed, including access, utilities, and the absence of physical constraints because the site is capable of highly intensive uses and is proposed to be converted to a Tess intensive use in an existing building located on a property that has suitable access and utilities. 5. Granting the permit would not constitute a nuisance, 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 the proposed commercial recreation indoor use would not be injurious or detrimental to the public, as it is located in a commercial zone in and surrounded by uses that primarily operate during the day; the proposed gym would also operate during the day. All training will be conducted indoors to prevent impacts on neighboring uses. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) because staff has determined that the proposed use is categorically exempt from a CEQA environmental review as defined in Categorical Exemption Class 1, Section 15301 Existing Facilities. 9 380 of 392 RECOMMENDED CONDITIONS OF APPROVAL 2020-08 CUP —1840 Wilson Ave. General 1. This Conditional Use Permit authorizes a basketball gym at 1840 Wilson Avenue. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File No. 2020-08 CUP, dated 6/9/2020). 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall 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 City Manager or assignee prior to recordation. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Division. 4. 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 Section 18.12.040 of the Municipal Code. Building 5. Plans submitted for improvements must comply with the current edition of the California Building Codes. Fire 6. Project shall be designed to current Fire Codes. Planninq 7. The gym shall be permitted only between the hours of 11:00 a.m. and 9:00 p.m. daily. 8. All training and gym -related activities must be conducted within the building. 9. Doors to the suite must be closed at all times to mitigate any potential noise impacts. 10 381 of 392 10.All activities shall abide by the limitations contained in Table III of Title 12 (Noise) of the National City Municipal Code. 11. Any tournaments or public events would require a permitted Temporary Use Permit from the Neighborhood Services Division. 12.A business license shall be obtained before the business can operate. 13. Any necessary building permits for construction or demolition work in the suite shall be obtained from the Building Division prior to the work. 11 382 of 392 +' CALIFORNIA NATIONAL C l-i INCORPORATED COMMUNITY DEVELOPMENT DEPARTMENT- PLANNING DIVISION 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR COMMERCIAL RECREATION INDOOR (BASKETBALL GYM) TO BE LOCATED AT 1840 WILSON AVENUE CASE FILE NO.: 2020-08 CUP APN: 559-101-02 The National City Planning Commission will hold a public hearing at their regular online meeting after the hour of 6:00 p.m. Monday, July 20, 2020 on the proposed request. The meeting will be LIVE WEBCAST from the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California. (Applicant: Justin Tate) Due to the precautions taken to combat the spread of coronavirus (COVID-19), City Hall, including the City Council Chambers, are closed to the public. Anyone interested in this public hearing may observe it on the City's website at http://www.nationalcityca.gov/government/city- clerk/council-webcast. This application has been submitted for Planning Commission consideration. The project site is an existing warehouse located in the Westside Specific Plan area. The applicant is proposing to operate a basketball gym in the 2,332 square -foot space. The proposed hours of operation are 11 a.m. to 7 p.m. daily. 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., July 20, 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. NATIONAL CITY PLANNING DIVISION ARMANDO VERGARA Director of Community Development 12 383 of 392 RESOLUTION NO. 2020-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA APPROVING A CONDITIONAL USE PERMIT FOR COMMERCIAL RECREATION INDOOR (BASKETBALL GYM) TO BE LOCATED AT 1840 WILSON AVENUE CASE FILE NO. 2020-08 CUP APN: 559-101-02 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for a basketball gym for the property located at 1840 Wilson Avenue at a duly advertised public hearing held on July 20, 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. 2020-08 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 July 20, 2020, support the following findings: 1. The proposed use is allowable within the applicable zoning district pursuant to a CUP and complies with all other applicable provisions of the LUC because Indoor Commercial Recreation is permitted in the CL zone, subject to a CUP, per Appendix A of the Westside Specific Plan, and the gym complies with all provisions of the LUC as discussed in the staff report. 2. The proposed use is consistent with the General Plan and any applicable specific plan because the General Plan refers to the Westside Specific Plan, which permits commercial recreation indoor with a CUP. 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 proposed gym is located in a commercial zone that allows for such a use. A gym would help to create a neighborhood feel more than the previous ATTACHMENT 3 13 384 of 392 industrial use. The limited size of the site and proposed one-on-one training assures that the number of people on -site would be limited. 4. The site is physically suitable for the type, density, and intensity in use being proposed, including access, utilities, and the absence of physical constraints because the site is capable of highly intensive uses and is proposed to be converted to a less intensive use in an existing building located on a property that has suitable access and utilities. 5. Granting the permit would not constitute a nuisance, 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 the proposed commercial recreation indoor use would not be injurious or detrimental to the public, as it is located in a commercial zone in and surrounded by uses that primarily operate during the day; the proposed gym would also operate during the day. All training will be conducted indoors to prevent impacts on neighboring uses. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) because staff has determined that the proposed use is categorically exempt from a CEQA environmental review as defined in Categorical Exemption Class 1, Section 15301 Existing Facilities. 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 basketball gym at 1840 Wilson Avenue. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File No. 2020-08 CUP, dated 6/9/2020). 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall 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 14 385 of 392 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 City Manager or assignee prior to recordation. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Division. 4. 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 Section 18.12.040 of the Municipal Code. Building 5. Plans submitted for improvements must comply with the current edition of the California Building Codes. Fire 6. Project shall be designed to current Fire Codes. Planning 7. The gym shall be permitted only between the hours of 7:00 a.m. and 9:00 p.m. daily. 8. All training and gym -related activities must be conducted within the building. 9. All activities shall abide by the limitations contained in Table III of Title 12 (Noise) of the National City Municipal Code. 10.Any tournaments or public events would require a permitted Temporary Use Permit from the Neighborhood Services Division. 11.A business license shall be obtained before the business can operate. 12.Any necessary building permits for construction or demolition work in the suite shall be obtained from the Building Division prior to the work. 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 15 386 of 392 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. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of July 20, 2020, by the following vote: AYES: Flores, Dela Paz, Sendt, Yamane, Garcia, Natividad NAYS: None. ABSENT: None. ABSTAIN: None. l Lc d—dj pl.c,_ CHAIRPERSON 16 387 of 392 DOG HOURS ATHLETICS 1840 WILSON AVE, UNITA NATIONAL CITY, CA 91950 CONDITIONAL USE PERMIT CLIENT - DOG HOURS ATHLETICS ARCHITECT - SF JONES ARCHITECTS INC. KEY TO SYMBOLS 0- A DMf D 0 GETAI01618ER SHEET NUM3ER WAIL ELE'11500C11011 10 SHEET NuME•_Y INTERIOR ELEVATION DETAIL NUMBER SHEET NUMBER 11EL•.T515XOW3 COLUMN GRID LINES I REVISIONNUMEER _ AREA OF REVISION PROM NCRM fRr-PERENCE • Vh' -'WE — DRA1SiNG SPECIFIC KEY'10TE O_.ST51GN EXIT 51G'I 'WALL-110UIT ED INSULATED 'MALL 4�cVa — ME ROOM NAME n00 ROW NU03F.R l0 O DOOR 'SAGER •NOIDOW NUMEEI DATUM PONT DETAIL 3UO3LE VICINITY MAP Q -0 NORTH SEPARATE PERMITS & PLANCHECKS PROJECT DESCRIPTION -NONE BUILDING DATA PROJECT ADDRESS 1840 WILSON AVE, UNITA NATIONAL CITY, CA 91950 ZONING CL (LIMITED COMMERCIAL) BUILDING AREA (GBA) F A.R BUILO)NG HT 2.3325F 2A' - SINGLE STORY CONSTRUCTION TYPE TYPE v-NON SPRINKLERED APN X 559.101.02-00 TENANT INFORMATION TENANT NAME TENANT SPACE DOG HOURS TENANT SPACE AREA OF REMODEL NEW INTERIOR AREA 0 S.F TENANT INTERIOR AREA 2.332 S.F TOTAL TENANT SPACE AREA 2.332 S.F THE PROJECT IS TO CONVERT AN EXISTING 2332 COMMERCIAL SPACE INTO NEW BASKETBALL PRIVATE TRAINING FACILITIES NO ADDITIONAL FLOOR AREA OR BUILDING AREA. INTERIOR WALL REMOVED AND NEW WOOD FLOOR INSTALLED PROJECT DIRECTORY PROJECT LANDLORD/ OWNER WITHOUSKI ENTERPRISES 3960 W POINT LOMA BLVD, 001f c H15 SAN DIEGO. CA 9210 TENANT DOG HOURS ATHLETICS, LLC. 184 WILSON AVE, UNIT A NATIONAL CRY, CA 91950 ARCHITECT 5F JONES ARCHITECTS 4318 GLENCOE AVE , STUDIO TWO MARINA DEL REY. CA 90292 CONTACT SANDRA SAUDASIWITE TEL 619.302.081E E-MAIL. TEL 619.305-7617 E-MAIL TEL (3101622..1822 EXT 150 E-MAIL SFJONES1il5FJONES COM DRAWING INDEX .A-0 0 COv0R SHEET. BLDG DATA. SYMBOLS & DIRECTORY A-1 1 SITE PLAN 8. PROPOSED FLOOR PLAN A-12 RCPB ENLARGED FRAMING PLAN EXHIBIT: A CASE FILE NO.: 7,020 - 0 ' (AP DATE. .- 4 - 2rj ATTACHMENT 4 DO NOT SCALE ORAW01G5 CONIRACTOR TO VERIFY ALL EXISTING CONDITIONS AND 0P.0N510NSUIOT1FY ARCI111 EOT MANY DISCREPANCIES PRIOR TO EEGNUING CONSTRUCTION DOG HOURS Har,s inz ..o Colo 00F. F+o'• COVER SHEET, BLDG. DATA, SYMBOLS & DIRECTORY Prc,t{1110. 16010 Sots AS NOTED IAv.e DY aE10 —I.i.as idY A-0.0 AT-10F THIS PRIMING -Tu.o ':, Jl.ro5.2020 FILE PAT,-3ILVca_c SF1cres,sa1eds-31 :Iec..1 _ate _ Ia1RCHICAD 2120.E-3) R.t0tslb1l C..•to1 17 388 of 392 PARKING NOT A PART W 19TH ST DOG HOURS ATHLETICS INTERIOR AREA: 2,332 S.F. 1840 WILSON AVE, UNITA NATIONAL CITY, CA , SITE PLAN 2 i Scale: 3437 A A pRTNTINO • A BAZA Pi, P..T, • ,ABA-Buc W 19TH ST NOT A PART -1)01 WILSON AVE WII EX ABOVE I 6.-8" I' 1 EX ABOVE —) ) ) —) -"i • XJ RESTROOM42sqRI N L'ot —TILE REMOVE AND — FILL IN DOOR OFFICE) RECEPTION 160 sq(1 CARPET EX ABOVE 1 '- FLOOR PLAN LEGEND INC 10'4' 25'.1" 2V-11 1/2" NEW BASKETBALL —1 HOOP 1 10%9 112" • 5:5" (5) 72"X2,1' RED PANELS I— 2" WIDE LINES '.. 4 _ ..1,,{1., II \ _ \ ' - ‘ iii.rzitiEril m 1/ ..9 II — 1 1,964 sq ft $1 BKETBALL LURT *'! 11----1..4---11 .11 0 AS WOOD il, _ :.--,...... __--I----;(' .--- I ' - - I 1 14. 2" ' 1 „ 3%0- .,, 3.-0.* h 3'-0" ,.1-8, . I I , (8) 72-X24RED PANELS (5) 72X24, RED PANELS -3, RELIOVE WALLS AND CEILING T -1-1— WORKOUT AREA 135 sq n RUBBER CBI METER . TO REMAIN IE0J 11 71 PROPOSED FLOOR PLAN •A II1' • If ) .1.1"E 11.0, iN CNN MAC I .NA,, cerAisBAVNAAL 1,E.N iNTERION WAAL EXiSTAAG BITEANOR 'NALL CAiSENO 000I2 00 NOT Ara A BRAVAINGS CONTRACTOR TO VERIKB EXiSTINOCONOINONS AND OIRENSPONSANONPA ARCHITECT OF ANY DISCREPANCIES PRIOR TO BEGINARNO CONNOR/CRON SAANABA SITE PLAN & PROPOSED FLOOR PLAN WANNI ItON) SAWA NOTE0 s,Raa ,e-BABA. 11, ft A-1.1 389 of 392 f/z) - E- r-Q_ a At--1 ,6/p AI GR9vr�rtl� b Ar xi 6' PERSPECTIVE VIEW REMOVE WALLS �! AND CEILING CUT EXISTING FRAME (EX) METER TO REMAIN NEW (2) 2X10 HEADER NEW 4X4 POST EXISTING FRAMING TO REMAIN 13v1LD _Wco(7 PRA-vvt, (EX). J EX 1; I I I I I I I rAIFiLL_ IEx, pair-. OFFICE/ 1 RECEPTION 1 ! I ! I I I I I I A-0 D 9_ 4- 6.Y4,40 F-A r IL / —'Gv l-f / '‘--P ,fa- - tri342 yf c- JIe jJ p41 cvnGL ?WO 2- 2)</Orr Fax- GJ&('1 off 7 e•U ! SKETCH SECTION DETAIL EX NEW BASKETBALL HOOP NEW BASKETBALL HOOP 1 D' 4" ( ) CBIuII O RED I �rl NEW BASKETBALL HOOP EX.I (EX STEEL BEAI1 - BELOW TO REMAIN NEW 21'-1111,2" BASKETBALL HOOP EX X1( TO R EILING :MAIN ( EX) I (N) 18' PENDANT -- LIGHT FIXTURE +22'A.F.F (EX) CEILING -- WOOD BEAMS TO REMAIN I EX ) (EXI CEILING TO REMAIN �I _ EX) CEILING - TO RETAIN DO NOT SCALE DRAWINGS CONTRACTOR TO VERIFY ALL EXISTING CONOI11ON5 0N001MENSIONS-NOTIFY ARCHITECT OF ANY DISCREPANCIES ERICA TO BEGINNING CONSTRUCTION w',ne". Da.e 0=:canna RCP & ENLARGED FRAMING PLAN Pro9:1.Ne. 190,19 Sae AS NOTED raaue Oa* Mal C n aAx CrMH afN Saruv+rw 18d 55 ENLARGED FRAMING PLAN ATE Of MIS PRCRI.NG-Tn_Y.Lune 92070 FILE PATH -?P.1CNA,E 5F199e.A/014u:2;-010149A Sas.: ARCHICAO_02C A03890e¢sl C,niml — REFLECTING CEILING PLAN 19 A-1.2 r390 of 392 The following page(s) contain the backup material for Agenda Item: Focused General Plan Update (FGPU) web -based public workshops and online survey. (Housing Authority) Please scroll down to view the backup material. 391 of 392 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 4, 2020 AGENDA ITEM NO. ITEM TITLE: Focused General Plan Update (FGPU) web -based public workshops and online survey. PREPARED BY: Carlos Aguirre, Director DEPARTMENT: PHONE: (619) 336-4391 APPROVED BY: EXPLANATION: The City's General Plan contains land use and development policies that serve as the foundation for all planning decisions. Due to changes since the last update in 2011, the scope of the Focused General Plan Update (FGPU) will concentrate on policy updates; support updates to codes, ordinances, and development standards; and conduct an environmental review. Housing Authority Due to ongoing public health concerns related to COVID-19, the surveys and workshops will be hosted online and virtually on Zoom. Survey and additional information will be available on the City's website at www.nationalcityca.gov/FGPU. A post card will go out to National City residents informing them of the workshops and survey as well. The web -based workshops (webinars) will be hosted on Zoom on the following dates to allow for public input: August 24, 2020 at 1:00 PM to 2:30 PM August 27, 2020 at 5:00 PM to 6:30 PM August 29, 2020 at 9:00 AM to 10:30 AM FINANCIAL STATEMENT: ACCOUNT NO. Not applicable. ENVIRONMENTAL REVIEW: Not applicable. ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Not applicable. BOARD / COMMISSION RECOMMENDATION: Not applicable. ATTACHMENTS: None. 392 of 392