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Draft Agenda Packet - 10-19-2021 CC HA Agenda
CALIFORNIA NATIONAL Mr IN CORPORATED ai INCORPORATED ALEJANDRA SOTELO-SOLIS Mayor JOSE RODRIGUEZ Vice Mayor MARCUS BUSH Councilmember RON MORRISON Councilmember MONA RIOS 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, OCTOBER 19, 2021 — 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: There are multiple ways you can make sure your opinions are heard and considered by our City Council as outlined below: Submit your public comment prior to the meeting: To submit a comment in writing, email PublicComment(c�nationalcityca.gov, provide the agenda item number and title of the item in the subject line of your email. Public comments or testimony is limited to up to three (3) minutes. If the comment is not related to a specific agenda item, 1 of 213 indicate General Public Comment in the subject line. All email comments received by 4:00 p.m. on the day of the meeting will be emailed to the City Council Members and made a part of the official record. Register online and participate in live public comment during the meeting: To provide live public comment during the meeting, you must pre -register on the City's website at https://www.nationalcityca.qov/publiccomment by 4:00 p.m. on the day of the regular meeting to join the City Council Meeting. ***Please note that you do not need to pre -register to watch the meeting online, but you must pre -register if you wish to speak. Once registered, you will receive an email with a link from Zoom to join the live meeting. You can participate by phone or by computer. Please allow yourself time to log into Zoom before the start of the meeting to ensure you do not encounter any last-minute technical difficulties. ***Please note that members of the public will not be shown on video; they will be able to watch and listen and speak when called upon. Public microphones will be muted until it is your turn to comment. Each speaker is allowed up to three (3) minutes to address the City Council. Please be aware that the Mayor may limit the comments' length due to the number of persons wishing to speak or if comments become repetitious or unrelated. All comments are subject to the same rules as would otherwise govern speaker comments at the meeting. Speakers are asked to be respectful and courteous. Please address your comments to the City Council as a whole and avoid personal attacks against members of the public, City Council, and city staff. Questions about public comment or City Council protocols? Please contact the City Clerk's Office at (619) 336-4228 or via email at Clerk(c�nationalcityca.gov. INTERPRETATION SERVICES: To use the Zoom interpretation feature you must first Pre -Register on Zoom. Once logged into Zoom to use the interpretation feature, please scroll to the bottom of the Zoom screen (where the meeting controls are), click on the interpretation icon (world), and select English as your language. If you are joining using the Zoom mobile app (cell phone, tablet, etc.), please press the ellipsis (...), then Interpretation, and then choose your language. 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 2 of 213 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 pandemic 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 publicos, 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 to 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 to 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.gov. COMENTARIOS PUBLICOS: Hay varias formas en las que puede asegurarse de que sus opiniones sean escuchadas y consideradas por nuestro Concejo Municipal como se describe a continuacion: Envie su comentario publico antes de la sesion: Para enviar un comentario por escrito, envie un correo electronico a PublicCommentnationalcityca.qov, proporcione el numero del tema o asunto de la agenda y el titulo del tema o asunto en la linea de asunto de su correo electronico. Los comentarios o testimonios publicos se limitan a tres (3) minutos. Si el comentario no se relaciona con un tema o asunto especifico de la agenda, indique Comentario Publico General en la linea de asunto. Todos los comentarios por correo electronico recibidos antes de las 4:00 p.m. del dia de la sesion se enviaran por correo electronico a los miembros del Concejo Municipal y formaran parte del acta oficial. Registrese en linea y participe en los comentarios publicos en vivo durante la sesion: Para proporcionar comentarios publicos en vivo durante la sesion, debe registrarse previamente en el sitio web del Ayuntamiento en 3 of 213 https://www.nationalcityca.qov/publiccomment antes de las 4:00 p.m. del dia de la junta ordinaria para incorporarse a la sesion del Concejo Municipal. ***Tenga presente que no necesita registrarse previamente para ver la sesion en linea, pero debe registrarse previamente si desea hablar. Una vez registrado, recibira un correo electronico con un enlace de Zoom para integrarse a la sesion en vivo. Puede participar por telefono o por computadora. Tomese el tiempo necesario para iniciar la reunion en Zoom antes del inicio de la sesion para asegurarse de no encontrar dificultades tecnicas de ultimo momento. ***Tenga presente que las personas del publico no se mostraran en video; podran observar, escuchar y hablar cuando se les solicite. Los microfonos publicos se silenciaran hasta que sea su turno de comentar. Cada orador tiene hasta tres (3) minutos para dirigirse al Concejo Municipal. Tenga en cuenta que la Alcaldesa puede limitar la extension de los comentarios debido a la cantidad de personas que deseen hablar o si los comentarios se vuelven repetitivos o no relacionados. Todos los comentarios estan sujetos a las mismas reglas que de otro modo regirian los comentarios de los oradores en la sesion. Se pide a los oradores que sean respetuosos y corteses. Dirija sus comentarios al Concejo Municipal en su conjunto y evite ataques personales contra personas del publico, el Concejo Municipal y el personal del Ayuntamiento. ,Preguntas sobre comentarios publicos o protocolos del Concejo Municipal? Comunrquese con la Oficina de la Secretaria del Ayuntamiento al telefono (619) 336-4228, o por correo electronico a Clerk(nationalcityca.gov. SERVICIO DE INTERPRETACION: Para utilizar la funcion de interpretacion zoom primero debe registrarse previamente en el sitio web de Zoom. Una vez que haya iniciado sesion en zoom para utilizar la funcion de interpretacion, favor de desplazarse a la parte inferior de la pantalla de Zoom (donde aparecen los controles). Naga clic en el icono de interpretacion (globo terraqueo), y seleccione "Spanish" (espanol). Si esta utilizando la aplicacion movil de Zoom (celular, tableta, etc.), presione los puntos suspensivos (...), luego "interpretation" y luego el idioma. AGENDA ESCRITA: Con contadas excepciones, el Organo Electo puede tomar medidas unicamente sobre los temas que aparecen en la 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 la 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 la 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. 4 of 213 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 la Oficina del Secretario del Ayuntamiento para solicitar una modificacion o adaptacion de acceso relativa a la discapacidad. Notificar 24 horas antes de la sesion permitira al Ayuntamiento hacer arreglos razonables para garantizar la accesibilidad a esta junta. 5 of 213 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 PRESENTATIONS (FIVE-MINUTE TIME LIMIT) INTERVIEWS / APPOINTMENTS REGIONAL BOARDS AND COMMITTEE REPORTS (FIVE-MINUTE TIME LIMIT) CONSENT CALENDAR 1. 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) 2. Approval of Meeting Minutes: City Council and Community Development Commission - Housing Authority of the City of National City Virtual Regular Meeting - September 21, 2021 Special Meeting of the City Council of the City of National City Virtual Special Closed Session Meeting - September 21, 2021. (City Clerk) 3. Resolution of the City Council of the City of National City to authorize the Chief of Police to enter into an Agreement with the County of San Diego for the National City Police Department to use the San Diego Sheriff's Department's Firing Range and Firearm's Facilities. (Police) 4. Resolution of the City Council of the City of National City ratifying and authorizing the City Manager to execute a one year agreement between the City of National City, Alpha Project, and City of Chula Vista to provide a homeless emergency assistance program; and appropriate PLHA funds to the Alpha Project in the amount of $60,000. (Housing Authority) 6 of 213 5. Resolution of the City Council of the City of National City authorizing the installation of 50 feet of parallel "15-minute" parking and 25 feet of parallel "Loading or Unloading" parking on the north side of E. 8th Street, in front of the future "Market on 8th" at 41 E. 8th Street to increase parking turnover for customers (TSC No. 2020-13). (Engineering/Public Works) 6. Resolution of the City Council of the City of National City authorizing the Mayor to execute Program Supplement Agreement (PSA) No. F011 Rev. 1 with the State of California Department of Transportation (Caltrans) for the El Toyon-Las Palmas Bicycle Corridor Project to allow for reimbursement of up to $1,544,000 in eligible project expenditures through the Federal Active Transportation Program (ATP). (Engineering/Public Works) 7. Resolution of the City Council of the City of National City authorizing a Fiscal Year 2022 budget adjustment to establish appropriations in the amount of $55,000 for Capital Improvement Program (CIP) Fleet Vehicle Equipment and Accessories for the Public Works Streets and Wastewater Division and the National City Police Department. (Engineering/Public Works) 8. Temporary Use Permit — Milk & Honey Outdoor Event hosted by Outpouring Outreach Ministry at 1920 Sweetwater Road on December 4, 2021 from 9 a.m. to 4:30 p.m. with no waiver of fees. (Community Development) 9. Warrant Register #10 for the period of 9/01/21 through 9/07/21 in the amount of $3,816,368.09. (Finance) 10. Warrant Register #11 for the period of 9/08/21 through 9/14/21 in the amount of $462,311.81. (Finance) PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS 11. Public Hearing and the Introduction of an Ordinance of the City Council of the City of National City establishing community choice aggregation in the city of National City. (Engineering/Public Works) 12. Public Hearing and Introduction of an Ordinance of the City Council of the City of National City amending Sections 18.20.020, 18.21.040, 18.21.050, 18.45, and 18.50, and addition of Sections 18.30.380 and 18.30.390 of Title 18 (Zoning) of the National City Municipal Code. (Applicant City -Initiated) (Case File 2021-18 A) (Planning) NON CONSENT RESOLUTIONS 13. Approval of the 2021 Pension Obligation Bonds. (Finance) NEW BUSINESS B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY 7 of 213 CONSENT RESOLUTIONS - HOUSING AUTHORITY PUBLIC HEARINGS: RESOLUTIONS - HOUSING AUTHORITY NON CONSENT RESOLUTIONS - HOUSING AUTHORITY NEW BUSINESS - HOUSING AUTHORITY C. REPORTS STAFF REPORTS 14. City Manager Report. (City Manager) 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 - November 2, 2021 - 6:00 p.m. - Council Chambers - National City, California. 8 of 213 The following page(s) contain the backup material for Agenda Item: Motion of the City Council of the City of National City approving the waiving of the reading of the text of the Ordinances or Resolutions that are having a Public Hearing considered at this meeting and providing that such Ordinances or Resolutions shall be introduced and/or adopted after a reading of the title only. (City Clerk) Please scroll down to view the backup material. 9 of 213 Item # 10/19/21 MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE WAIVING OF THE READING OF THE TEXT OF THE ORDINANCES OR RESOLUTIONS THAT ARE HAVING A PUBLIC HEARING CONSIDERED AT THIS MEETING AND PROVIDING THAT SUCH ORDINANCES OR RESOLUTIONS SHALL BE INTRODUCED AND/OR ADOPTED AFTER A READING OF THE TITLE ONLY. (City Clerk) 10 of 213 The following page(s) contain the backup material for Agenda Item: Approval of Meeting Minutes: City Council and Community Development Commission - Housing Authority of the City of National City Virtual Regular Meeting - September 21, 2021 Special Meeting of the City Council of the City of National City Virtual Special Closed Session Meeting - September 21, 2021. (City Clerk) Please scroll down to view the backup material. 11 of 213 Item # 10-19-2021 APPROVAL OF MEETING MINUTES CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY VIRTUAL REGULAR MEETING - September 21, 2021 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY VIRTUAL SPECIAL CLOSED SESSION MEETING - September 21, 2021 (City Clerk) 12 of 213 CALIFORNIA N,NTIONAL CITY MCOAPOP.ATEO MINUTES OF THE VIRTUAL REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY September 21, 2021 This meeting was conducted utilizing teleconferencing and electronic means consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic. The City Council minutes are prepared and ordered to correspond to the City Council Agenda. Agenda Items can be taken out of order during the meeting. The Agenda Items were considered in the order presented. A. CITY COUNCIL CALL TO ORDER The meeting was called to order at 6:04 p.m. by Mayor Sotelo-Solis. ROLL CALL Councilmembers present: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis Other Elected Officials present: Beauchamp, Molina Administrative Officials present: Raulston, Winney, Bell Jr., Chapel, Gilman, Williams, Meteau, Aguirre, Yano, Barrera, Ryan, and Brennan. Interpretation in Spanish provided by Carlos Diaz and Luisa Diaz de Leon. PLEDGE OF ALLEGIANCE TO THE FLAG Councilmember Bush led the Pledge of Allegiance. PUBLIC COMMENTS Mayor Sotelo-Solis summarized the process for acceptance of live public comment allowing two (2) minutes per comment and introduced City Clerk Molina. Thirteen (13) spoken comments were registered and spoken into the record: Diane Grace, Aida Castaneda, Jovita Arellano, Carol Green, Peggy Walker, Jose Gomez, Norma Acosta, Henry Joiner, Ruben Covarrubias, John Moore, Deanna Garcia, Sofia Toral, and Leticia Carrancio. Two (2) written comments were received and read into the record: Kathleen Lippitt and Ted Godshalk. Page 1 of 9 13 of 213 City of National City — City Council Regular Meeting Minutes September 21, 2021 PROCLAMATIONS AND CERTIFICATES 1. A Proclamation of the City of National City Celebrating Latino Heritage Month and Recognizing Father Edmundo Zarate. Mayor Sotelo-Solis presented the proclamation to Father Edmundo Zarate. Public Comment: None Received and filed. 2. A Proclamation of the City of National City Declaring September as National Disaster Preparedness Month. Mayor Sotelo-Solis presented the proclamation to Walter Amedee, Management Analyst III with the National City Fire Department. AWARDS AND RECOGNITIONS 3. Employee of the Quarter 2021 - Christopher Garcia, Supervising Custodian. Mayor Sotelo-Solis presented the proclamation to Christopher Garcia. Director of Public Works Yano and Facility Maintenance Supervisor Gonzalez accepted on his behalf. PRESENTATIONS 4. Library Board of Trustees Annual Report 2020-2021. Mayor Sotelo-Solis introduced Director of Library and Community Services Joyce Ryan and Chair of the Board of Library Trustees Sherry Gogue. Ms. Gogue gave the report as a PowerPoint presentation entitled Library Board of Trustees Annual Report FY 2020-2021 and received comments from the Councilmembers. Public Comment: None Received and filed. 5. School Resource Officer Program. Mayor Sotelo-Solis introduced Police Captain Alex Hernandez who provided a PowerPoint presentation entitled National City Police Department Staff Report on the School Resources Officer Program. School Representatives Dr. Vernon Moore and Alma Sarmiento responded to questions of the City Council. Public Comment: None Received and filed. Page 2 of 9 14 of 213 City of National City — City Council Regular Meeting Minutes September 21, 2021 INTERVIEWS / APPOINTMENTS 6. Appointments: City Boards, Commissions, and Committees - Mayoral Appointments. Mayor Sotelo-Solis introduced City Clerk Molina who provided the report and recited City Council Policy #107 Section D8 regarding the interview process. Staff recommended that the previously advertised vacancy for the Community and Police Relations Committee will return to the City Council at a future meeting date as the City Attorney brought a possible conflict between the Operating Procedures and the Bylaws of the Committee to the attention of the Office of the City Clerk that may require an additional step in the appointment process. City Clerk Molina informed the City Council that Staff recommends that the appointment for the Housing Advisory Committee be delayed as Staff has determined a conflict between City Council Policy #107 and the National City Municipal Code. Public Comment: None. ACTION: Mayor Sotelo-Solis motioned to appoint Coyote Moon to the Board of Library Trustee for a term ending 9/30/2024, seconded by Councilmember Bush. Motion carried by unanimous vote. Mayor Sotelo-Solis motioned to appoint H. Bradley Bang to the Board of Library Trustees for a term ending 9/30/2024, seconded by Councilmember Bush. Motion carried by unanimous vote. Mayor Sotelo-Solis motioned to appoint Anzueth G. Zambrano to the Board of Library Trustee for a term ending 09/30/2024, seconded by Councilmember Bush. Motion carried by unanimous vote. Mayor Sotelo-Solis motioned to appoint Florfina Arce to the Park, Recreation & Senior Citizens Advisory Committee for a term ending 9/30/2024, seconded by Councilmember Bush. Motion carried by unanimous vote. Mayor Sotelo-Solis motioned to appoint Reuben Felizardo to the Park, Recreation & Senior Citizens Advisory Committee for a term ending 9/30/2024, seconded by Councilmember Rios. Motion carried by unanimous vote. Mayor Sotelo-Solis motioned to appoint Jose A. Lopez as a primary member to the Public Art Committee for a term ending 9/30/2024, seconded by Councilmember Rios. Motion carried by unanimous vote. Mayor Sotelo-Solis motioned to appoint Natalia Valerdi-Rogers to the Public Art Committee for a term ending 9/30/2024, seconded by Councilmember Bush. Motion carried by unanimous vote. Mayor Sotelo-Solis motioned to appoint Marisa Rosales to the Traffic Safety Committee for a term ending 9/30/2024, seconded by Councilmember Bush. Motion carried by unanimous vote. Page 3 of 9 15 of 213 City of National City — City Council Regular Meeting Minutes September 21, 2021 Mayor Sotelo-Solis motioned to appoint Javier Alvarado to the Traffic Safety Committee for a term ending 9/30/2024, seconded by Councilmember Bush. Motion carried by unanimous vote. Mayor Sotelo-Solis motioned to appoint Jhoana Alvarado to the Veterans & Military Families Advisory Committee for a term ending 9/30/2025, seconded by Councilmember Rios. Motion carried by unanimous vote. 7. Appointments: City Boards, Commissions and Committees - City Council Appointment. Mayor Sotelo-Solis introduced City Clerk Molina who gave the report and recited City Council Policy #107 Section D8 regarding the interview process. Civil Service Commission: One (1) vacancy for a term through September 30, 2022. The City Council considered two (2) applicants for this position. City Council conducted public interviews of one of the two (2) applicants: Javier Alvarado. Applicant Dr. Gonzalo Quintero was not available for interview but did submit written comment to the City Council for consideration. Public Comment: One (1) written Public Comment: Dr. Gonzalo J. Quintero ACTION: Councilmembers cast their vote virtually by holding up the name of the applicant who received their vote. Councilmember Bush voted for Dr. Gonzalo Quintero Councilmember Morrison voted for Javier Alvarado Councilmember Rios voted for Dr. Gonzalo Quintero Vice -Mayor Rodriguez voted for Javier Alvarado Mayor Sotelo-Solis voted for Dr. Gonzalo Quintero Dr. Gonzalo Quintero was appointed to the Civil Service Commission by 3-2 vote. REGIONAL BOARDS AND COMMITTEE REPORTS Mayor Sotelo-Solis reported that San Diego Association of Governments (SANDAL) will hold an upcoming meeting to discuss the Regional Transportation Plan. She also reported that San Diego Metropolitan Transit System (MTS) is updating the access to restrooms. Councilmember Rios announced that Sweetwater Authority appointed Carlos Quintero as General Manager. She also reported on San Diego County Water Authority's announcement in response to the State Water Resources Control Board announcement of water conservation figures for July. San Diego County water users have done a good job of reducing water waste. Councilmember Bush reported on the business of the San Diego Air Pollution Control District (APCD). Councilmember Morrison stated that his next meeting will be held next quarter. Page 4 of 9 16 of 213 City of National City — City Council Regular Meeting Minutes September 21, 2021 Vice -Mayor Rodriguez stated that his next meeting will be held next month. CONSENT CALENDER Public Comment: None. ACTION: Motion by Councilmember Rios, seconded by Councilmember Morrison, to approve the Consent Calendar Items 8 through 21. Motion carried by unanimous vote. 8. 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. 9. Adopted Resolution 2021-132. Resolution of the City Council of the City of National City ratifying a First Amendment extending the term to September 30, 2021 and authorizing a Second Amendment extending the term to June 30, 2022 to the Agreement with the County of San Diego for the administration of COVID-19 vaccinations via mobile service units (Mutual Aid Agreement) and authorizing the City Manager to execute future amendments extending the term of the Mutual Aid Agreement. 10. Adopted Resolution 2021-133. Resolution of the City Council of the City of National City approving the one (1) year ratified Agreement and Authorizing the Mayor to execute the ratified Agreement with the National School District for partial funding of the School Resource Officer Program for FY 2022. The City of National City will be reimbursed $77,068 for FY 2022. 11. Adopted Resolution 2021-134. Resolution of the City Council of the City of National City approving the one (1) year ratified Agreement and Authorizing the Mayor to execute the ratified Agreement with the Sweetwater Union High School for partial funding of the School Resource Officer Program for FY 2022. The City of National City will be reimbursed $105,000 for FY 2022. 12. Adopted Resolution 2021-135. Resolution of the City Council of the City of National City approving the settlement between Cheryl Newell and the City of National City. 13. Adopted Resolution 2021-136. Resolution of the City Council of the City of National City approving the settlement and release agreement between Mauquieta McNeil and Taneka McNeil and the City of National City. 14. Adopted Resolution 2021-137. Resolution of the City Council of the City of National City authorizing the Mayor to execute a First Amendment to the Agreement with Vortex Industries, Inc., increasing the not -to -exceed amount by $60,000, for a total Agreement amount of $120,000, due to the demand and continuous need for assistance with specialized services for commercial roll -up doors and gates. 15. Adopted Resolution 2021-138. Resolution of the City Council of the City of National City authorizing the Mayor to execute a First Amendment to the Agreement with 24 Hour Elevator, Inc., increasing the not -to -exceed amount by $100,000, for a total Agreement Page 5 of 9 17 of 213 City of National City — City Council Regular Meeting Minutes September 21, 2021 amount of $160,000, due to the demand and continuous need for assistance with specialized elevator services. 16. Adopted Resolution 2021-139. Resolution of the City Council of the City of National City authorizing the installation of red curb "No Parking" at the intersection of Stancrest Lane and E. 14th Street in order to enhance safety and visibility for drivers exiting Stancrest Lane onto E. 14th Street (TSC No. 2021-17). 17. Adopted Resolution 2021-140. Resolution of the City Council of the City of National City authorizing the installation of a blue curb disabled persons parking space with sign in front of the residence located at 1510 Harding Avenue (TSC No. 2021-18). 18. Filed Investment transactions for the month ended July 31, 2021. 19. Ratified Warrant Register #5 for the period of 7/28/21 through 8/03/21 in the amount of $1,321,040.70. 20. Ratified Warrant Register #6 for the period of 8/04/21 through 8/10/21 in the amount of $2,265,977.29. 21. Ratified Warrant Register #7 for the period of 8/11/21 through 8/17/21 in the amount of $976,085.85. Mayor Sotelo-Solis called fora recess at 8:27 p.m. and returned to open session at 8:40 p.m. with all members present. PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS NON CONSENT RESOLUTIONS 22. Adopted Resolution No. 2021-141. Resolution of the City Council of the City of National City: 1) acknowledging the Preliminary Update of Climate Action Plan and; 2) directing staff to return to City Council with a CCA ordinance and Joint Powers Agency agreement with San Diego Community Power. City Clerk Molina read the title of the Resolution into the record. Mayor Sotelo-Solis introduced Director of Public Works Yano, who presented the report and gave a PowerPoint presentation titled "Climate Action Plan Preliminary Update / CCA Recommendation". Mr. Yano invited Stephanie Whitmore, Director with WSP, and Cody Hooven with San Diego Community Power and received comments from the Councilmembers. Public Comment: Ten (10) spoken comments were registered and spoken into the record: Karinna Gonzalez, Matthew Vasilakis, Sean Ellis, Kori Ellis, James Hardie, Angel Del Rosario, MacCollin Pelayo, Adam Paris, Cristina Marquez, and Madison Coleman. Five (5) written comment was received and read into the record: Moon Coyote, Kelvin Barrios, John Bennett, Kyle Heiskala, and Vi Nguyen. Page 6 of 9 18 of 213 City of National City — City Council Regular Meeting Minutes September 21, 2021 ACTION: Motion by Councilmember Bush, seconded by Councilmember Rios, to adopt the Resolution. Ayes: Bush, Rios, Rodriguez, Sotelo-Solis Nays: Morrison Motion passed by 4 to 1 vote. Substitute motion by Vice -Mayor Rodriguez, seconded by Councilmember Morrison, to direct Staff to bring back to Council options to purchase energy from this community power agreement and discuss other potential electrical sources. Ayes: Morrison, Rodriguez Nays: Bush, Rios, Sotelo-Solis Motion failed by 3 to 2 vote. Original motion by Councilmember Bush, seconded by Councilmember Rios, to adopt the Resolution. Ayes: Bush, Rios, Rodriguez, Sotelo-Solis Nays: Morrison Motion passed by 4 to 1 vote. NEW BUSINESS 23. Adopted Resolution No. 2021-142. Resolution of the City Council of the City of National City authorizing the acceptance of the Library Access on the Go Grant from the State Library in the amount of $16,421 to cover the costs associated with creating an app for National City Public Library and the establishment of Library Grants Fund appropriations of $16,421 and corresponding revenue budget for Library Access on the Go with no matching funds required. City Clerk Molina read the title of the Resolution into the record. Mayor Sotelo-Solis introduced Director of Library and Community Services Joyce Ryan who gave a PowerPoint presentation entitled Library Access On the Go Mobile App. Public Comment: None. ACTION: Motion by Councilmember Rios, seconded by Councilmember Morrison, to adopt the Resolution. Motion passed by unanimous vote. B. COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY No agenda items. C. REPORTS STAFF REPORTS 24. City Manager Report. Page 7 of 9 19 of 213 City of National City — City Council Regular Meeting Minutes September 21, 2021 City Manager Raulston provided a report on the upcoming policy from OSHA to require private employers to adopt an employee vaccinate mandate. He stated that our organization's vaccination rate is 79%. He continues to promote vaccination as the safest and most effective way for residents and employees to avoid serious illness and hospitalization. Also, the Fire Department will begin their flu vaccination clinics soon. MAYOR AND CITY COUNCIL City Clerk Molina acknowledged National Hispanic Heritage Month. She also mentioned the United Nations General Assembly meeting focused on vaccination, climate change, and sustainable development goals. City Treasurer Beauchamp provided comments concerning the lowrider community's interests. He spoke about sea -level rise and the potential impacts. He mentioned that the City's finances are good due to bonds. Councilmember Bush thanked the ad hoc committee on the lowrider issues and the community members in support of repealing the cruising ordinance. Councilmember Morrison spoke about the private event for the lowrider community. Councilmember Rios acknowledged efforts for a cleaner National City. Vice -Mayor Rodriguez spoke about the misinformation campaign concerning the Covid-19 vaccine. He acknowledged the nurses and other workers that continue their work during the pandemic. He acknowledged Hispanic Heritage Month. Mayor Sotelo-Solis wished a happy Hispanic Heritage Month to the community. She acknowledged the diversity within the Police Department. She spoke about the Paradise Creek clean-up and thanked the volunteers. She also acknowledged the Miracle Babies diapers event, the lowriders event, and the National City Movies in the Park. She wished National City a happy 134' birthday and thanked Baked by Brodic for the special birthday cake. CLOSED SESSION CLOSED SESSION REPORT Mayor Sotelo-Solis introduced City Attorney Bell who provided the report. 1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Government Code Section 54956.9(d)(1) Name of Case: Tammy Davis v. City of National City, et al. United States District Court, Southern District of California — Case No. 19-CV-534-BEN- BGS City Attorney Bell reported that there was direction given by City Council by unanimous vote. 2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Government Code Section 54956.9(d)(1) Name of Case: Camillo Gutierrez v. City of National City Page 8 of 9 20 of 213 City of National City — City Council Regular Meeting Minutes September 21, 2021 Workers' Compensation Appeal Board Case No. Claim: 13324860 City Attorney Bell reported that there was direction given by City Council by unanimous vote. 3. CONFERENCE WITH LEGAL COUNSEL — LIABILITY CLAIM Government Code Section 54956.95 Claimant: Elva Garcia-Aguilera, et al. Agency Notice of Potential Liability Claim Against: City of National City City Attorney Bell reported that direction was given by a vote of 4 to 0 vote with Mayor Sotelo-Solis as absent. Mayor Sotelo-Solis returned to the meeting at 3:51 p.m. prior to Item 4 Closed Session Item. 4. PUBLIC EMPLOYEE EMPLOYMENT Government Code Section 54957 Performance Evaluation: City Attorney No report. 5. CONFERENCE WITH LABOR NEGOTIATORS Government Code Section 54957.6 Employee Organizations: Municipal Employees' Association (SEIU, Local 221), National City Firefighters Association (Local 2744), Police Officers Association (POA) Unrepresented Groups: Executive, Confidential, and Management Agency Designated Representatives: Eddie Kreisberg (Labor Negotiator), Brad Raulston (City Manager), Tony Winney (Assistant City Manager), Molly Brennan (Administrative Services Director), Jose Tellez (Chief of Police), Paul Valadez (Budget Manager - Finance), Lilia Munoz (Human Resources Manager) No report. ADJOURNMENT Mayor Sotelo-Solis adjourned to the Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City to be held Tuesday, October 5, 2021 at 6:00 p.m. via teleconference. The meeting adjourned at 10:34 p.m. Luz Molina, City Clerk The foregoing minutes were approved at the Regular Meeting of October 19, 2021. Alejandra Sotelo-Solis, Mayor Page 9 of 9 21 of 213 - CALIFORNIA NATIONAL CITY 13131 .. l coRronAT80 MINUTES OF A SPECIAL MEETING NATIONAL CITY COUNCIL September 21, 2021 This meeting was conducted utilizing teleconferencing and electronic means consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic. OPEN SESSION CALL TO ORDER The meeting was called to order at 3:04 p.m. by Mayor Sotelo-Solis. ROLL CALL Councilmembers present: Bush, Morrison, Rios, Rodriguez, and Sotelo-Solis. Administrative Officials present: Raulston, Winney, Bell Jr., Chapel, Brennan, Meteau, Munoz, Tellez, Valadez, and Yano. Consultants/Advisors: Rod Coppedge and Eddie Kreisberg. PUBLIC COMMENTS None. Members retired into Closed Session at 3:06 p. m. CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Government Code Section 54956.9(d)(1) Name of Case: Tammy Davis v. City of National City, et al. United States District Court, Southern District of California — Case No. 19-CV-534-BEN-BGS Members retired into Closed Session at 3:06 p.m. and returned at 3:45 p.m. with all members present in attendance: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis, Raulston, Winney, Bell Jr., and Jose Tellez 2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Government Code Section 54956.9(d)(1) Name of Case: Camillo Gutierrez v. City of National City Workers' Compensation Appeal Board Case No. Claim: 13324860 Members retired into Closed Session at 3:45 p.m. and returned at 3:47 p.m. with all members present in attendance: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis, Raulston, Winney, Bell Jr., Meteau, Brennan, and Outside Counsel Rod Coppedge. Page 1 of 3 22 of 213 City of National City — Special Meeting Minutes (Closed Session) September 21, 2021 Rod Coppedge, Outside Counsel and Robert Meteau, Director of Human Resources left the meeting at 3:48 p.m. Mayor Sotelo-Solis left the Meeting at 3:48 p.m. and returned at 3:51 p.m. Vice -Mayor Rodriguez chaired the meeting during the next Closed Session item. 3. CONFERENCE WITH LEGAL COUNSEL — LIABILITY CLAIM Government Code Section 54956.95 Claimant: Elva Garcia-Aguilera, et al. Agency Notice of Potential Liability Claim Against: City of National City Members retired into Closed Session at 3:48 p.m. and returned at 3:51 p.m. with all members present in attendance: Bush, Morrison, Rios, Rodriguez, Raulston, Winney, Bell Jr., Brennan, and Yano. Robert Yano, Director of Public Works left the meeting at 3:51 p.m. 4. PUBLIC EMPLOYEE EMPLOYMENT Government Code Section 54957 Performance Evaluation: City Attorney Members retired into Closed Session at 3:51 p.m. and returned at 4:00 p.m. with all members present in attendance: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis, and Bell Jr. 5. CONFERENCE WITH LABOR NEGOTIATORS Government Code Section 54957.6 Employee Organizations: Municipal Employees' Association (SEIU, Local 221), National City Firefighters Association (Local 2744), Police Officers Association (POA) Unrepresented Groups: Executive, Confidential, and Management Agency Designated Representatives: Eddie Kreisberg (Labor Negotiator), Brad Raulston (City Manager), Tony Winney (Assistant City Manager), Molly Brennan (Administrative Services Director), Jose Tellez (Chief of Police), Paul Valadez (Budget Manager - Finance), Lilia Munoz (Human Resources Manager) Members retired into Closed Session at 4:02 p.m. and returned at 5:42 p.m. with all members present in attendance: Morrison, Rios, Rodriguez, Sotelo-Solis, Raulston, Winney, Bell Jr., Brennan, Valadez, and Munoz. Guest: Eddie Kreisberg (Labor Negotiator) CLOSED SESSION REPORT PROVIDED AT END OF REGULAR MEETING Members returned from Closed Session at 5:42 p.m. with all members present. Page 2 of 3 23 of 213 ADJOURNMENT Mayor Sotelo-Solis adjourned to the Special Meeting to the Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City to be held Tuesday, September 21, 2021, at 6:00 p.m. via teleconference. The meeting adjourned at 5:42 p.m. Shelley Chapel, Deputy City Clerk The foregoing minutes were approved at the Regular Meeting of October 19, 2021. Alejandra Sotelo-Solis, Mayor Page 3 of 3 24 of 213 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City to authorize the Chief of Police to enter into an Agreement with the County of San Diego for the National City Police Department to use the San Diego Sheriff's Department's Firing Range and Firearm's Facilities. (Police) Please scroll down to view the backup material. 25 of 213 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 19, 2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City to authorize the Chief of Police to enter into an Agreement with the County of San Diego for the National City Police Department to use the San Diego Sheriff's Department's Firing Range and Firearm's Facilities. PREPARED BY: Christopher A. Sullivan, Lieutenant DEPARTMENT: Police PHONE: (619) 336-4451 APPROVED BY: EXPLANATION: The National City Police Department requests that the City Council authorize the Chief of Police to enter into an Agreement to use the San Diego Sheriff's Department's Facility located at 440 Alta Road, San Diego, and to approve all future extensions of the agreement under the same terms and conditions of the current agreement. This agreement includes an indemnification and self-insurance provision to use the firing range and other training facilities as specified. The costs of using the facility is listed in the Agreement under Exhibit B, and has been the standard costs from the previous agreement. FINANCIAL STATEMENT: ACCOUNT NO. The costs remain the same as the previous agreement, which are listed in Exhibit B, and are accounted for in the fiscal year 2022 adopted budget. ENVIRONMENTAL REVIEW: This action is not subject to review under the California Environmental Quality act (CEQA). ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Approve the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: County of San Diego Firearms Range Use Agreement and Exhibits A-E City of National City required insurance coverage documents. 26of213� LICENSE SAN DIEGO REGIONAL FIREARMS TRAINING CENTER This license agreement ("License") is entered into between the County of San Diego, a political subdivision of the State of California ("County'), and the City of National City Police Department ("Licensee"). RECITALS A. County owns and maintains a training facility (defined as "Facility" in Section 1) on County -owned property located at 440 Alta Road, San Diego, California. B. Licensee is a public entity that desires permission for the use of the Facility. C. The Director, Department of General Services ("Director''), finds that grant of a license to Licensee for use of the Facility is in the public interest of promoting public safety and use of the training Facility by Licensee will not substantially conflict or interfere with the use of the Facility by the County as the Licensee's use is non-exclusive. D. County agrees to the use of the Facility and grants permission for use of the training facility by Licensee upon the following terms and conditions. LICENSE 1. Facility. The property subject to this License is located at 440 Alta Road, San Diego, California and includes land for shooting ranges ("Range'') and structures ('`Training Rooms") that comprise the "San Diego Regional Firearms Training Center" ("Facility'). The Facility is further described in EXHIBIT "A" FACILITY MAP of this License 2. Use. Licensee is hereby given a non-exclusive license to use the Facility for meeting and training purposes only upon the terms and conditions contained in this License. 3. Term. The term ("Term") of this License shall commence upon execution of this License by the Director ("Commencement Date"),and shall expire ten (10) years from the Commencement Date unless earlier terminated by County or Licensee upon ten (10) days written notice to the other party. 4. FacilityReservations. Licensee shall request in writing specific days and specific times for the use of the Facility at least ten (10) days prior to the date of requested use. Written requests shall be e-rnailed to the San Diego Regional Firearms Training Center at rangerequest.otaysdsheriff.org or made by telephone at 619-661-2757 or 619-661-2758. County will provide a written confirmation of a reservation, provided the Facility is available for use at the day and time requested. Ifthe day and time requested is not available, notification will be provided to the Licensee within three (3) business days via e-mail or telephone. Licensee agrees and understands that the Facility may be reserved only if the Facility is not in use by 1 [rev. 619/21] 27 of 213 County or other parties under a license with County and that reasonable accommodation of all parties using the Facility is the desired objective. Reservations for Structured Training Events (defined in EXHIBIT "C") will require additional information as described in EXHIBIT "C" RULES AND REGULATIONS of this License. 5. Fees. Licensee shall pay fees for use of the Facility as described in EXHIBIT "B" FEE SCHEDULE of this License. County reserves the right to revise the fee schedule from time to time during the Term. County shall provide ninety (90) days written notice to Licensee of any change to the fee schedule. 6. County Use of Facility. County reserves the right to use the Facility at all times and to close the Facility during times of emergency or when needed for County activities. 7. Access. Licensee and Licensee's employees, guests and invitees shall not impede the flow of vehicular traffic on, or restrict public access to or from, the Facility. Licensee shall not interfere with County operations at the Facility. When on the Facility, Licensee and Licensee's employees, guests and invitees shall drive only on established roadways and driveways. 8. License. This License is not a lease, does not create or convey an easement and does not convey any interest or estate in real property to Licensee. County may enter the Facility covered by this License at any time during the Term. 9. Maintenance,_Cleanup and Repair. Licensee shall conduct Licensee's operations in an orderly manner and shall leave the Facility in as clean and good a condition as when Licensee first entered the Facility pursuant to this License. If Licensee damages any County property or facilities or incurs excessive cleanup of the Facility, Licensee shall promptly inform the Range office and shall promptly reimburse County for the full costs that County incurs to clean the Facility, repair the damage, or replace the damaged property. 10. Storm, Licensee shall not store or leave any personal property or equipment on or in the Facility without obtaining the prior written consent of the Range office. 1 1. License on Site. Licensee shall have a copy of this License available at all times when Licensee is using the Facility. Licensee shall show a copy of this License to County staff upon request. 12. Compliance with Laws. Licensee shall comply with all federal, state and local laws, statues, ordinances, rules or regulations, including all provisions of the Occupational Safety and Health Act of 1979 ("Act") and all amendments to the Act, that apply to Licensee's use of the Facility. 13. Rules and_Regulations. Licensee shall comply with the rules and regulations for the Facility attached as EXHIBIT "C" RULES AND REGULATIONS of this License. 14. Safety. Lessee shall comply with all applicable federal, state and local safety 2 [rev. 6/9/21] 28 of 213 regulations including the regulations attached as EXHIBIT "C" RULES AND REGULATIONS, EXHIBIT "D" RANGE SAFETY OFFICER QUALIFICATIONS and EXHIBIT "E" RANGE SAFETY POLICY of this License. 15. Compliance with Stormwater Laws. Licensee's use of the Facility is subject to all present or future federal, state and local laws, statutes, regulations, ordinances, policies, guidelines and orders ("Stormwater Laws") regarding the discharge of pollutants into the stormwater conveyance system. As applicable to the Licensee's use of the Facilities, Licensee's compliance with Stormwater Laws may include requirements for Licensee to develop, install, implement and maintain pollution prevention measures, source control measures and Best Management Practices ("BMPs"). BMPs can include operational practices, water or pollutant management practices, physical site features, or devices to remove pollutants from stormwater, to affect the flow of stormwater or to infiltrate stormwater to the ground. BMPs applicable to Licensee's use of the Facility may include a requirement that all materials, wastes or equipment with the potential to pollute urban runoff be stored in a manner that either prevents contact with rainfall and storrnwater, or contains contaminated runoff for treatment and disposal. Licensee is required to and shall use, operate, maintain, develop, redevelop and retrofit the Facility, as necessary, in accordance with Stormwater Laws restricting the discharge of non-stormwater at or from the Facility and Stormwater Laws requiring pollution prevention measures, source control measures, or the installation or use of BMPs. Licensee shall develop, install, implement and/or maintain at Licensee's sole cost and expense, any BMPs or similar pollution control devices required by Stormwater Laws and any implementing regulations or guidance. Licensee understands and acknowledges that the Stormwater Laws applicable to Licensee's use of the Facility may be changed from time to time by federal, state and/or local authorities, and that additional requirements may become applicable based on changes in Licensee's activities or development or redevelopment by Licensee or County. Licensee shall conduct stormwater training and perform regular stormwater selfinspectfons, and maintain records of all stormwater training and self -inspections and provide all necessary documentation to County upon request. Licensee shall develop, install, implement, and maintain any additional BMPs and/or other pollution control practices at the Facility at Licensee's sole expense. To the extent there is a conflict between any federal, state or local law, Licensee shall comply with the more restrictive provision. If County receives any fine or fines from any regulatory agency as a result of Licensee's failure to comply with Stormwater Laws, Licensee shall reimburse County for the entire amount of the fine(s). 16. Hazardous Substances. Licensee shall be solely responsible for fully complying with all present or future federal, state and local laws, statutes, regulations, ordinances, policies, guidelines and orders of any governmental entity regarding contaminated soils, hazardous materials or environmental cleanup, regardless of whether or not the obligation to comply is an obligation of the landowner. If any hazardous substance spills, leaks or is discharged from any facility an the Facility, Licensee shall immediately make all repairs necessary to prevent further spills, leaks or discharges and shall immediately clean up and promptly dispose of the spilled hazardous substance and any soil contaminated by the spill. If Licensee fails to make the required repairs, to clean up the spill or to properly dispose of any contaminated soil, County may after written notice to Licensee take all steps County deems necessary to make the necessary repairs, to clean up the spill and to dispose of any contaminated soil. Licensee shall 3 [rev. 6/9/21] 29 of 213 reimburse County for the cost of all repair and cleanup work performed by County. Licensee shall reimburse the County for the cost of any work, plus administrative expenses, within thirty (30) days of receiving a bill for the work from the County. Licensee shall be solely responsible for paying all fines, damages and penalties imposed by any governmental agency regarding the production, storage, distribution, processing, handling, disposing, spilling, leaking or discharging of any hazardous substance. Without limiting Licensee's indemnification obligations to County under Section 18 and excluding material expended from ammunition or ordnance by Licensee pursuant to the terms and conditions of this License, Licensee shall indemnify, defend, reimburse and hold harmless County, its elected officials, officers, employees and agents from any and all liability, claims, damages or injuries to any person, including injury to the County or any of County's elected officials, officers, employees, agents, representatives, guests, licensees, invitees, patrons, or of any other person, and all expenses of investigating and defending against all liability, claims, damages or injuries, arising from or alleged to have arisen from or in connection with the presence of hazardous substances, toxic materials or hazardous waste upon, about or beneath the Facility or migrating to or from the Facility or arising in any manner out of the violation of any governmental regulation pertaining to hazardous substances, toxic materials or hazardous waste which condition exists after the execution of this License. 17. County Access. County, or County's representatives or agents, may enter the Facility at any and all reasonable times during the Term of this License for the purpose of determining whether Licensee is complying with the terms and conditions of this License, or for any other purpose incidental to the rights of County. 18. Indemnification. County shall not be liable for, and Licensee shall defend and indemnify County and County's elected officials, officers, employees and agents (collectively "County Parties") against, any and all claims, demands, liability, judgments, awards, fines, mechanics liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees and court costs (collectively "Claims"), related to this License or Licensee's use of the Facility and arising either directly or indirectly from any act, error, omission or negligence of Licensee or its contractors, agents, volunteers, servants or employees, including, without limitation, Claims caused by the concurrent negligent act, error or omission, whether active or passive, of County Parties. Licensee shall have no obligation, however, to defend or indemnify County Parties from a Claim if it is determined by a court of competent jurisdiction that the Claim was caused by the sole negligence or willful misconduct of County Parties. 19. Insurance. a. Self-insurance. Licensee is fully self -insured for damage resulting from liability of Licensee or any of Licensee's agents or employees. Licensee's utilization of self- insurance shall not in any way limit liabilities assumed by Licensee under this License. If Licensee ceases to be self -insured during the Term of this License, Licensee shall furnish to County proof of insurance in form and amounts satisfactory to County. County's requirements shall be reasonable, but shall be designed to insure protection from risks that exist at the time a change in insurance is required. b. Workers Compensation Insurance. Licensee shall provide Workers 4 [rev. 6/9/211 30 of 213 Compensation insurance at Licensee's sole cost and expense. Licensee and its insurance carrier shall not be entitled to recover any costs, settlements or expenses of Workers Compensation claims arising out this License. If Licensee is a Federal Agency, the Federal Employees Compensation Act (FECA) would be acceptable to County's Risk Management Division regarding this coverage. 20. Accidents. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this License, Licensee shall immediately notify the Sheriff's Communication Center at 858-5655O3O. Licensee shall promptly submit to County a written report, in any form required by County, of any accidents that occur in connection with this License. The report must include the following information: (i) the name and address of the injured or deceased person(s); (11) the name and address of Licensee's liability insurance carrier; and (iii) a detailed description of the accident and whether any of County's equipment, tools, material or staff was involved. 21. Assignment. Licensee shall not assign or transfer any interest in this License. 22. Notices. Any notice, other than the Facility reservationsdescribed in Section 4 of this License, that is required or permitted to be given pursuant to this License shall be written and shall be effective (1) when personally delivered to the recipient or sent by facsimile transmission, or (ii) on the third business day after being sent by the United States Postal Service, postage prepaid and addressed to the party as follows: If to County: Sheriff Weapons Training Unit 440 Alta Road San Diego, California 92154 With a copy to: If to Licensee: County of San Diego Department of General Services Asset Management Division 5560 Overland Avenue Suite 410 San Diego, California 92123 City of National City Police Department Attention: Captain Graham Young 1200 National City Boulevard National City, California 91950 Telephone Number: 6194-336-4514 Email: gyoungnationa1c ityca.gov If Licensee's contact information changes during the term of this License, Licensee shall notify County in writing within five (5) business days of the change. 23. Entire Agreement. This License constitutes the entire agreement between County 5 [rev. 619/21] 31 of 213 and Licensee with respect to the subject matter of this License, and all prior or contemporaneous agreements, understandings and representations, oral or written, are superseded. 24. Interpretation. This License shall be governed by the laws of the State of California. However, the provisions of this License shall be strictly construed against Licensee. 25. Authority to Sign. Licensee represents and warrants that Licensee has full power and authority to execute and fully perform Licensee's obligations under this License without the need for any further action, and that the person executing this License on behalf of Licensee is the duly designated agent of Licensee and is authorized to act on behalf of Licensee. 26. Business Days. The term "business days" as used in this License means any calendar day other than a Saturday, Sunday, or official County holiday. 27. Exhibits. All exhibits referred to in this License are attached to this License and incorporated into this License by reference. 28. Effective Date. County and Licensee have executed this License as of the day and year written below. This License shall be effective as of the date of its execution by the Director. 29. Counterparts; Electronic Transmittal; Electronic Signatures. This License may be executed in counterparts, and County and Licensee agree that each counterpart shall constitute one agreement binding on County and Licensee, notwithstanding that County and Licensee are not signatory to an original or same counterpart. Executed counterparts of this License may be transmitted electronically, and County and Licensee agree that each counterpart of a fully executed License transmitted electronically via pdf attachment shall be binding as if the signatures transmitted electronically were original signatures. This License may be executed using electronic signatures, and County and Licensee agree that each electronic signature shall have the same legal effect and enforceability as a manually executed signature to the extent provided for in the Uniform Electronic Transactions Act codified in State of California Civil Code Sections 1633.1 - 1633.17. THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. THE SIGNATURES ARE ON THE FOLLOWING PAGE. 6 [rev. 6/91211 32 of 213 SIGNATURES Licensee: City of National City Police Department By: Jose Tellez, Chief of Police Date: 7 County: County of San Diego, a political subdivision of the State of California BY: . . Marko Medved, P.E., CEM, Director, Department of General Services Date: [rev. 6/9/211 33 of 213 EXHIBIT "A" FACILITY MAP Location Map LOrESTAR RD — Ea I INTERSTATE STATE ROUE 905 11 We 9Os ',AIRWAY, RD a cc w X STATE ROUTE 11 EB »SIEMPR San Diego Regional Firearms Training Center RP Parcel No. 2017-0237-A to'e 9 yds — ed o ix au E VIVA RD ()TAY LA FUENTE MESA R D1-1 :al 4* 9: 1412, 4) 440 73. 2Or 74237-A A-1 34 of 213 EXHIBIT "A" FILITY MAP Site Map Otay Region& Park East Mesa Weapons Facility Noise Buffer, 2017-0237-A San Diego Regional Firearms Training Canter RP Parcel No. 2017-0237-A Geo, , eyEest •Mesa D FacJliy PRIVATE RD A-2 35 of 213 EXHIBIT "A" FACILITY MAP Site Plan 36 of 213 EXHIBIT "B" FEE SCHEDULE SAN DIEGO REGIONAL FIREARMS TRAINING CENTER EFFECTIVE 12/04/2017 ..... STRUCTURED TRAINING EVENTS 4-hours 8-hours Range 1 Combat/Drive-on, 50- and $200.00 $300.00 rane Range 2, Range 3, Range 4 Turning Target, 50-year ranges $200.00 $300.00 Range 5 200-yard Rifle Range $200.00 $300.00 ** Night Shoot/After Hours Premium (16:30-21:30 Monday to Friday by appointment only) $300.00 _ N/A 1 4-hours I 8-hours SIMS House $200.00 $300.00 ..... $200.00 $300.O0 i Live Fire House ....... Defensive Tactics House $200.00 $300.00 4-hours 8-hours Auditorium Maximum - 200 occu. anc $100.00 $150.00 Classroom A 25 $100.00 $150.00 (Maximum - occu anc _ _ Classroom B (Maximum - 25 occupancy) _ $100.00 $150.00 Classroom C (Maximum - 25 occupancy) $100.00 _ $150.00 Classroom D (Maximum - 25 occupancy) $100.00 $150.00 $100.00 $150.00 Classroom E (Maximum - 25 occupancy) OPEN SHOOTING (see Exhibit "C" for Open Shoot definition) I 1-hour Additional hours upon availability All Ran:es when available No char.e No ehar:e Revised 12/04/2017 B-1 37 of 213 EXHIBIT "C" RULES AND REGULATIONS Use of the Facility falls into two categories: (1) "Open Shooting" (individual shooting) and (li) "Structured Training Events' (group training). The use of the Facility is subject to the rules and regulations below, which is subject to change during the Term of this License. Any changes will be communicated by County personnel at the Range office at the time when appointments are made and/or at check -in for Range use. Open Shooting Open Shooting is designed to allow law enforcement officers the opportunity to train individually. The officer must adhere to the following protocols when using the Range. Failure to adhere to the protocols may result in loss of Range privileges and notification of the loss of shooting range privileges to the officer's employer. If more than three individual Open Shooters of Licensee use the Range at the same time, the use will be categorized as a group and shall require payment of Structured Training Reservation fees. 1. The officer shall report to the Range office prior to shooting. 2. The officer shall read and acknowledge the Range safety rules. 3. All firearms being used during training shall be listed on the sign -in log. 4. The officer may be required to provide eye and ear protection and tape at the time of check -in. 5. Open shooting shall only be conducted on the Range designated by the Range office. 6. Only stationery, presented targets shall be used. 7. The officer shall provide cardboard target backing. 8. No steel shooting is allowed without prior coordination with the Range office and approval from the Sheriffs Weapons Training Lieutenant. 9. No automatic firearms shall be fired during open shooting without prior coordination with the Range office and approval from the Sheriffs Weapons Training Lieutenant. 10. The officer shall check out with the Range office prior to leaving the Facility. I I . All damage and injuries must be reported to Range office at the time of check out and reported pursuant to Section 22 of this License. 12. Licensee and its employees, guests, and invitees shall not clean weapons at the Facility using solvents or other hazardous substances. The Facility does not provide disposal of C-1 38 of 213 rags or other materials used for cleaning weapons. Pursuant to Section 16 of this license, the Licensee is responsible for fully complying with all federal, state, and local laws pertaining to hazardous substances. Structured Training Events To reserve a Range or use a Training Room for a Structured Training Event, the requesting agency must: 1. Contact the Facility's scheduling office to check availability at 619-661-2757 or 619- 661-2758. 2. Submit a request via email at rangerequest.otaycZjsdsherifforg or to 619-661-2757 or 619-661-2758 a minimum of two (2) weeks prior to requested date. The written request must include the following information: a. Name of the Range Safety Officer (defined in EXHIBIT "D") who will oversee the training. b. identification of the Range or Training Room being requested. c. Date and time of requested use and number of trainees. d. Synopsis of the course of fire or nature of training or event being conducted. e. Types of firearms and ammunition to be used. f. Indication if automatic weapons are to be used. This must be approved by Range office prior to the training. 3. Confirm that that Range Safety Officer that will oversee the training meets the qualifications listed in EXHIBIT "D" RANGE SAFETY OFFICER QUALIFICATIONS. 4. The Range Safety Officer shall conduct a pre -use inspection of the Facility. Any maintenance discrepancy should be brought to the attention of the Range office prior to use. 5. The Range Safety Officer, at the conclusion of training, shall sign out at the Range office. Any damage or injuries shall be reported prior to leaving the Facility out and reported pursuant to Section 22 of this License. G2 39 of 213 EXHIBIT "D" RANGE SAFETY OFFICER QUALIFICATIONS Any agency wanting to schedule the use of a Range at the Facility for a Structured Training Activity shall: 1. Be a law enforcement agency or military entity authorized to use the Facility. 2. Have a "Range Safety Officer" who has completed a "Police Officer Standards and Training" [POST] approved firearms instructor certification course or equivalent. 3. Submit a letter indicating the certification course attended by the Range Safety Ofticer and the date of the certification. 4. Have the Range Safety Officer attend an annual update course or review of updated Facility policy as dictated by the Sheriff's "Range Master''. D-1 40 of 213 EXHIBIT "E" RANGE SAFETY POLICY It is the responsibility of the Sheriff's Range Master, Facility staff and the Licensee's Range Safety Officer to ensure a safe training environment by enforcing and obeying the following safety guidelines: General .Safety J..uies 1. Safety is everyone's responsibility. 2. Authorization to use the Facility is restricted to law enforcement and military personnel only. 3. Civilian guests, accompanied by a law enforcement/military host, may use the Facility. However, this use must be scheduled in advance and supervised by Weapons Training Unit staff. 4. Signing in and out at the Range office is mandatory. 5. No person under the age of 18 will be allowed on the facility without prior authorization of Range office. 6. Any person displaying symptoms of intoxication will not be allowed at the Facility. Any person using prescription drugs must report this to the Range Safety Officer or Facility staff prior to using the Range. If the individual's sobriety or ability to operate weapons safely is questionable, Facility staff will reserve the right to deny access to the Facility. The individual will be released to a competent guardian and shall leave the Facility. 7. Smoking is not allowed at the Facility. 8. Individuals using the Range are restricted to a 9Ominute use period when other personnel are waiting to use the Range. Aiming, discharging and all loading and unloading of weapons must be done on the firing line of the Range and not in the parking area of the Facility, with the firearm pointed in a safe direction (down range). 10. Automatic firearms will be fired only during supervised training and only after notifying Range office. 11. Use of eye and ear protection is required of all personnel while shooting is in progress. 12. All expended ammunition casings and trash will be cleared from the Range following use. E-1 41 of 213 13. Pursuant to Section 9 and Section 22 of this license, all damage must be promptly reported to the Range office. 14. All injuries must be reported to the Range office immediately. Any response to medical emergencies shall be in compliance with the "Medical Response Procedures" set forth in the San Diego County Regional Firearms Training Center Policy & Procedures Manual. 15. No ammunition is allowed in firearms cleaning areas. 16. No diversionary devises (flash bangs) are allowed at the Facility, unless authorized in advance by Facility staff. 17. No chemical agents may be used at any time. 18. No walking is allowed on any dirt impact area or protective berms at any time. 19. No dogs are allowed at the Facility, unless they are enclosed/secured within a law enforcement vehicle. Dogs shall not leave a vehicle while at the Facility. No "breaking" of a dog will be allowed at the Facility. 20. All vehicles will be driven in a safe and reasonable manner not to exceed 15 miles per hour. In addition to the general safety rules, the following rules apply to the use of the specified ranges: Range One (Combat Range) 1. Steel target systems are to be used only after being approved by the Range office. Firing only at authorized targets is allowed. 2. Vehicles may be brought onto the range for training purposes upon prior approval of the Range office. 3. Use of eye and ear protection is mandatory for all personnel while shooting is in progress. A baseball -style cap is recommended. 4. At no time shall a shooter fire at steel targets closer than 10-yards and the shooters must be as close to a 90-degree angle to the target as possible, to avoid damage and deflection. Range Two, Range Three. Range Four(P is.to! Ranges 1. Rifle training is permitted only in a semiautomatic mode. No firing at moving targets or E-2 42 of 213 shooting on the move is allowed. No caliber greater than .223 is allowed on any pistol range. 2. No steel target systems are allowed. 3. No vehicles are allowed on the Range. 4. Automatic fire (controlled), unless otherwise authorized, will be conducted within 15 yards of the targets. RangeFiv.e (RiRange) 1. All targets will be posted at the 200-yard target system. The 100-yard system shall not be used. 2. No vehicles are allowed on the Range. 3. No steel target systems are allowed. 4. Only firing at authorized targets is allowed. 5. Automatic fire (controlled), unless otherwise authorized, will be conducted within 25 yards of the targets. E-3 43 of 213 CERTIFICATE NO. ISSUE DATE GL117454 Al CERTIFICATE OF COVERAGE Public Risk Innovation, Solutions, and Management CIO ALLIANT INSURANCE SERVICES, INC. PO BOX 6450 NEWPORT BEACH, CA 92658•6450 PHONE (949) 756-0271 / FAX (619) 699-0901 LICENSE #0C36861 Member CITY OF NATIONAL CITY MICHAEL GOMEZ 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 91950 1 09/23/2021 TI-AS CER11F1CATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RJGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFCCATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BELOW. THIS CERTIFICATE OF COVERAGE OOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS}, AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER IMPORTANT: If the oertificate holder is an ADDITIONAL INSURED and/or requesting a WAIVER OF SUBROGATION, the Memorandums of Coverage must be endorsed. A statement on this certificate does not confer rights to the certificate hofder in lieu of such endorsement(s). COVERAGE A Public Risk Innovation, Solutions, and Management AFFORDED COVERAGE AFFORDED B COVERAGE AFFORDED C COVERAGE AFFORDED D Coverages THIS IS TO CERTIFY THAT THE MEMORANDUMS OF COVERAGE LISTED BELOW HAVE BEEN ISSUED TO THE MEMBER NAMED ABOVE FOR THE 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 COVERAGE AFFORDED BY THE MEMORANDUMS DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH MEMORANDUMS. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, CO LTR A TYPE OF COVERAGE MEMORANDUM NUMBER COVERAGE EFFECTIVE DATE COVERAGE EXPIRATION DATE X Excess General Liability X General Liability Aggregate X Auto Liability PRISM PE 21 EL-102 07101/2021 07/01/2022 Description of Operations/LocationsNe hicles/Special Items: LIABILITY LIMITS $1,000,000 $2,000,000 $1,000,000 Limits inclusive of the Members Self -Insured Retention of $250,000 AS RESPECTS LICENSE AGREEMENT BETWEEN CITY OF NATIONAL CITY POLICE DEPARTMENT AND SAN DIEGO COUNTY FOR USE OF PROPERTY LOCATED AT 440 ALTA ROAD, SAN DIEGO, CA AND INCLUDES LARD FOR SHOOTING RANGES AND STRUCTURES THAT COMPRISE SAN DIEGO REGIONAL FIREARMS TRAINING CENTER. SAN DIEGO COUNTY IS INCLUDED AS AN ADDITIONAL COVERED PARTY, BUT ONLY INSOFAR AS THE OPERATIONS UNDER THIS CONTRACT ARE CONCERNED. THE AUTHORITY WAIVES ITS RIGHTS OF SUBROGATION AGAINST THE ADDITIONAL COVERED PARTY(IES) PURSUANT TO ENDORSEMENT NUMBER OE8. Certificate Holder SAN DIEGO COUNTY DEPARTMENT OF GENERAL SERVICES ASSET MANAGEMENT DIVISION 5560 OVERLAND AVE, STE 410 SAN DIEGO, CA 92123 Cancellation SHOULD ANY OF THE ABOVE DESCRIBED MEMORANDUMS OF COVERAGES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WIL BE DELIVERED IN ACCORDANCE WITH THE MEMORANDUMS OF COVERAGE PROVISIONS. AUTHORIZED REPRESENTATIVE dip Pub!ic Risk InnovatIon, Solutions, and Management PAGE 1 OF 2 44 of 213 ENDORSEMENT NO. U-1 PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT GENERAL LIABILITY 1 ADDITIONAL. COVERED PARTY AMENDATORY ENDORSEMENT It is agreed that the `Covered Party, Covered Persons or Eritities" section of the Memorandum is amended to include the person or organization named on the Certificate of Coverage, but only with respect to liability arising out of premises owned by or rented to the Member, or operations performed by or on behalf of the Member or such person or organization so designated. Coverage provided under this endorsement is limited to the lesser of the limits stated on the Certificate of Coverage or the minimum limits required by contract. ADDITIONAL COVERED PARTY NAME OF PERSON OR ORGANIZATION SCHEDULED PER ATTACHED CERTIFICATE OF COVERAGE AS RESPECTS: PER ATTACHED CERTIFICATE OF COVERAGE It is further agreed that nothing herein shall act to increase PR1SM's limit of liability. This endorsement is part of the Memorandum and takes effect on the effective date of the Memorandum unless another effective date is shown below. All other terms and conditions remain unchanged. Effective Date Issued to: ALL MEMBERS Issue Date: June 25. 2021 A � orized Representative Public Risk Innovation, Solutions, and Management Memorandum No. PRISM 21 EL-0O PAGE2OF2 45 of 213 ENDORSEMENT NO. Ma PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT GENERAL LIABILITY 1 AMENDATORY ENDORSEMENT - WAIVER OF SUBROGATION It is understood and agreed that Condition 8. SUBROGATION, of the Memorandum to which it is attached, is deleted in its entirety and replaced by the following: 8. SUBROGATION PRISM shall be subrogated to the extent of any payment hereunder to all the covered party's rights of recovery therefore; and the covered party shall do nothing after loss to prejudice such rights and shall do everything necessary to secure such rights. Any amount so recovered shall be apportioned as follows: Any interest (including the covered pa's) having paid an amount in excess of the self - insured retention, plus the limit of liability, hereunder shall be reimbursed first to the extent of actual payment. PRISM shall be reimbursed next to the extent of its actual payment hereunder. If any balance then remains unpaid, it shall be applied to reimburse the covered party. The expenses of all such recovery proceedings shall be apportioned in the ratio of respective recoveries. If there is no recovery in proceedings conducted solely by PRISM, it shall bear the expenses thereof. Notwithstanding the above, PRISM waives its rights of subrogation against any person or organization with whom the covered party has entered into a written agreement that includes a waiver of subrogation, but only if the agreement is in effect before the injury, damage or liability occurs. It is further agreed that nothing herein shall act to increase PRISM's limit of liability. This endorsement is part of the Memorandum and takes effect on the effective date of the Memorandum unless another effective date is shown below. All other terms and conditions remain unchanged. Effective Date: Issued To: ALL MEMBERS Issue Date: June 25, 2021 A'trthorized Representative Public Risk Innovation, Solutions, and Management Memorandum No. PRISM 21 ELOO 46 of 213 CERTIFICATE NO. ISSUE DATE WC4239 CERTIFICATE OF COVERAGE 09/23/2021 PUBLIC RISK INNOVATIONS SOLUTIONS, AND CIO ALLIANT INSURANCE MANAGEMENT SERVICES, INC. THIS RIGHTS AFFIRMATIVELY AFFORDED CONTRACT PRODUCER, CERTCFICATE UPON BELOW. BETWEEN AND THE OR THE IS CERTIFICATE NTHS ISSUED CERTIFICATE THE O VELY ERTIFICATE ISSUING AS A HOLDER. AMEND, MATTER INSURER(S), BOLDER OF EXTEND OF THIS COVERAGE INFORMATION CERTIFICATE OR AUTHORIZED ALTER DOES THE ONLY NOT DOES REPRESENTATIVE AND NOT COVERAGE CONSTITITUE CONFERS NO A OR 1 POBOXB45O NEWPORT BEACH, CA 926584450 PHONE (949) 7564)271 / FAX (619) 699O9O1 IMPORTANT: Memorandums rights to the certificate If the of certificate Coverage ho!derrnkeuofsuchendorsement(s). must holder be is endorsed. requesting a A statement WAIVER on OF this SUBROGATION, the certificate does not confer 11 LICENSE #0C36861 I COVERAGE A - See attached schedule of insurers AFFORDED Member: COVERAGE AFFORDED B . . .- CITY OF NATIONAL CITY MICHAEL GOMEZ COVERAGE 1243 NATIONAL NATIONAL CITY, CITY CA 91950 BLVD. C AFFORDED COVERAGE D AFFORDED Coverages THIS IS TO CERTIFY THAT THE MEMORANDUMS OF COVERAGE AND POLICIES LISTED BELOW HAVE BEEN ISSUED TO THE MEMBER NAMED ABOVE FOR THE 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 COVERAGE HEREIN THE TERMS, EXCLUSIONS, AND AFFORDED BY THE MEMORANDUMS AND POLICIES DESCRIBED IS SUBJECT TO ALL OF SUCH AHD POLICIES. CONDITIONS MEMORANDUMS CO 1 MEMORANDUM/ COVERAGE COVERAGE I TYPE OF COVERAGE LIABILITY LIMITS LTR I, POLICY NUMBER EFFECTIVE DATE EXPIRATION GATE ! A EXCESS WORKERS' ' See attached 07/01/2021 07/01/2022 WORKERS' , COMPENSATION & Schedule of COMPENSATION: Insurers for 1 Difference between EMPLOYER'S LIABILITY policy 1 numbers _ ______.----------------- Statutory $500000Retention EMPLOYERS' LIABILITY: Difference $5000,000 Retention and between and Member's Members L[MITS APPLY PER OCCURRENCE FOR ALL PROGRAM MEMBERS COMBINED. Description of Operations/LocationsNehicles/Special Items AS RESPECTS AGREEMENT BETWEEN NATIONAL CITY POLICE DEPARTMENT AND SAN EVIDENCE OF COVERAGE FOR LIICENSE CITY OF DIEGO COUNTY FOR USE OF PROPERTY LOCATED AT 440 ALTA ROAD, SAN DIEGO, CA AND INCLUDES LAND FOR SHOOTING RANGES TRAINING AND STRUCTURES THAT COMPRISE SAN DIEGO REGIONAL FIREARMS CENTER. THE AUTHORITY WAIVES ITS RIGHTS OF SUBROGATION AGAINST SAN DIEGO COUNTY PURSUANT TO ENDORSEMENT NUMBER U4-2. Certificate SAN DIEGO Holder COUNTY Cancellation SHOULD BE ACCORDANCE CANCELLED ANY _ OF WITH THE BEFORE THE ABOVE THE MEMORANDUMS DESCRIBED EXPIRATION MEMORANDUMS THEREOF, OF COVERAGE/POUCIES NOTICE OF COVERAGEIPOLICIES WILL BE DELIVERED PROVISIONS. IN 1 AUTHORIZED Public Risk Innovation, REPRESENTATIVE So1utons, and Management DEPARTMENT OF GENERAL SERVICES ASSET MANAGEMENT DIVISION 5560 OVERLAND AVE, STE 410 SAN DIEGO, CA 92123 47 of 213 PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT EXCESS WORKERS' COMPENSATION PROGRAM 2021/2022 SCHEDULE OF INSURERS CITY OF NATIONAL CITY PROVIDER Public Risk Innovation, Solutions, and Management Liberty Insurance Corporation MEMORANDUM / POLICY NUMBER PRISM PE 21 EWC58 EW7-64N-444785-01 1 LIMIT Workers' Compensation: $50,000,000 each accident/each employee for disease (Difference between $50,000,000 and the individual member's retention) Employers' Liability: $5,000,000 each accident/each employee for disease (Difference between $5,000,000 and the individual members retention) Statutory each accident/each employee for disease excess of $50,000,000 48 of 213 ENDORSEMENT NO. U-2 PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT EXCESS WORKERS' COMPENSATION WAIVER OF SUBROGATION ENDORSEMENT It is understood and agreed that Section VIII. SUBROGATION of the CONDITIONS section of the Memorandum of Coverage is deleted in its entirety and replaced by the following: VIII. SUBROGATION: In the event of any payment under this Memorandum, PRISM shall be subrogated, to the extent of such payment, to all the Covered Party's rights of recovery therefore, and the Covered Party shall execute all papers required and shall do everything that may be necessary to secure such rights. Any amount recovered as a result of such proceedings, together with all expenses necessary to the recovery of any such amount shall be apportioned as follows: PRISM shall first be reimbursed to the extent of its actual payment hereunder. If any balance then remains, said balance shall be applied to reimburse the Covered Party. The expenses of all proceedings necessary to the recovery of such amount shall be apportioned beeen the Covered Party and PRISM in the ratio of their respective recoveries as finally settled. If there should be no recovery in proceedings instituted solely on the initiative of PRISM, the expenses thereof shall be borne by PRISM. However, in the event of any loss payment under this Memorandum for which you have waived the right of recovery in a written contract entered into prior to the loss, we hereby agree to also waive our right of recovery but only with respect to such loss. It is further agreed that nothing herein shall act to increase PRISM's limit of indemnity. This endorsement is part of the Memorandum of Coverage and takes effect on the effective date of the Memorandum of Coverage unless another effective date is shown below. All other terms and conditions remain unchanged. Effective Date: Issued to: Issue Date: orized Representative Public Risk Innovation, Solutions, and Management ALL MEMBERS June 25, 2021 Memorandum No.: PRISM 21 EWG-0O 49 of 213 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City ratifying and authorizing the City Manager to execute a one year agreement between the City of National City, Alpha Project, and City of Chula Vista to provide a homeless emergency assistance program; and appropriate PLHA funds to the Alpha Project in the amount of $60,000. (Housing Authority) Please scroll down to view the backup material. 50 of 213 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 19, 2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, California, ratifying and authorizing the City Manager to execute a one year agreement between the City of National City, Alpha Project, and City of Chula Vista to provide a homeless emergency assistance program; and appropriate PLHA funds to the Alpha Project in the amount of $60,000. PREPARED BY: Angelita Palma Housing Programs Manager PHONE: (619) 336-4219 EXPLANATION: See attached explanation. DEPARTMENT: Housing Authority APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: Finance APPROVED• MIS Revenue Account: 501-45477-3463 - Permanent Local Housing Allocation - $60,000 Expenditure Account: 501-419-477-* - Permanent Local Housing Allocation- $60,000 Funds are available through appropriations authorized by City Council Resolution 2021-90 on June 15, 2021. There is no match required from the City's General Fund for the agreement with the Alpha Project. ENVIRONMENTAL REVIEW: No CEQA Exemption - This action is not subject to review under the California Environmental Quality Act (CEQA). ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: Not applicable to this report. ATTACHMENTS: 1. Background 2. Agreement 3. Resolution 51 of 213 Attachment No. 1 City of National City October 5, 2021 Staff Report Explanation Resolution of the City Council of the City of National City, California, ratifying and authorizing the City Manager to execute a one year agreement between the City of National City, Alpha Project, and City of Chula Vista to provide a homeless emergency assistance program; and appropriate PLHA funds to the Alpha Project in the amount of $60,000. In 2018, the State enacted HEAP as part of California Senate Bill (SB) 850, which provided grants to cities and counties to address homelessness throughout the State. HEAP funds provided one- time, flexible funds to address immediate homelessness challenges, including prevention, criminal justice diversion programs to unsheltered individuals with mental health needs, and emergency aid. Recognizing the effects of homelessness were felt regionally, a new partnership was formed with the City of Chula Vista to identify issues impacting our respective cities and develop solutions in the same manner. In May 2019, the City successfully applied for the Chula Vista -National City Regional Homeless Outreach Program. As a result, the City was awarded $905,958 in HEAP funds over two years, ending May 31, 2021. In 2019, to continue the mission of addressing the homelessness crisis, the State enacted Assembly Bill 101. This action created the Homeless Housing Assistance Program (HHAP), providing additional funding to support local jurisdictions further and continue building on regional collaboration developed through previous rounds of HEAP funding. The Regional Task Force on Homelessness (RTFH) awarded $179,000 in HHAP funds to the City of Chula Vista in partnership with the City of National City. On June 15, 2021, the City Council approved Resolution 2021-90, the First Amendment to the Permanent Local Housing Allocation (PLHA) Plan. Section 3 of the Resolution approved entering into an agreement with Alpha Project subject to City Council ratification to implement stated goals in the PLHA Plan. Over the past two years, the Alpha Project has established supportive relationships and enhanced the participation in the necessary services of National City's homeless population. The 3-Party Agreement with the use of HHAP and PLHA funding, leveraged with Housing dollars, further enhances the ongoing efforts by the National City Police Department's (NCPD) Homeless Outreach Team (HOT), the McAlister Institute, and various social service agencies. The 3-Party Agreement will allow the Alpha Project to continue outreach, engage unsheltered individuals and families, and provide case management, housing navigation, and transportation. While the ultimate goal is to have a homeless person move into permanent housing, steps towards stability in housing look different for each person. Participation in each of those steps, which might include obtaining an identification card, signing up for benefits, or seeking health care, represents an achieved goal. Each outreach touchpoint builds trust and relationships that allow our homeless to re-engage with hope for self-sufficiency and more stable housing. Through this action, staff is seeking Council's approval to enter into a 3-Party Agreement between the City, Alpha Project, and City of Chula Vista, and appropriate $60,000 in PLHA funds to the Alpha Project, all of which are necessary to implement and administer services. Page 1 of 1 52 of 213 Attachment No. 2 CITY OF CHULA VISTA AND CITY OF NATIONAL CITY CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT WITH ALPHA PROJECT This Agreement is entered into effective as of August 24, 2021 ("Effective Date") by and between the City of Chula Vista, a chartered municipal corporation, ("City") and the City of National City, a chartered municipal corporation, ("National City") and Alpha Project ("Contractor/Service Provider") (collectively, the "Parties" and, individually, a "Party") with reference to the following facts: RECITALS WHEREAS, the City of Chula Vista, National City, and Alpha Project partnered to submit a Homeless Housing Assistance Program ("HHAP") funding application with the Regional Task Force for Homeless ("RTFH") to provide services to address homelessness; and WHEREAS, the application for HHAP was approved by the RFTH, but for an amount lower than requested, with the City of Chula Vista acting as the funding "pass through" entity under the terms of a subrecipient agreement with RFTH (Agreement No. HHAP-2021-City of Chula Vista -1); and, WHEREAS, THE City, National City, and Alpha Project desire to implement the programs/projects to be funded by the HHAP grant, with the services required to be provided by Contractor/Service Provider under this agreement split equally between City and National City; and, WHEREAS, Contractor/Service Provider warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Contractor/Service Provider to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] 1 City of Chula Vista Agreement No.: 2021-076 Consultant Name: Alpha Project' Rev. 10/24/17 Page 1 of 19 53 of 213 Attachment No. 2 OBLIGATORY PROVISIONS NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City, National City, and Contractor/Service Provider hereby agree as follows: 1. SERVICES 1.1 Required Services. Contractor/Service Provider agrees to perform the services, and deliver to City and National City the "Deliverables" (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the "Required Services." 1.2 Reductions in Scope of Work. City may independently, or upon request from Contractor/Service Provider, from time to time, reduce the Required Services to be performed by the Contractor/Service Provider under this Agreement. Upon doing so, City, and Contractor/Service Provider, as applicable, agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City's Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Contractor/Service Provider provide additional services related to the Required Services ("Additional Services"). If so, City and Contractor/Service Provider agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, "Additional Services" shall also become "Required Services" for purposes of this Agreement. 1.4. Reduction in Scope of Work/Additional Services. Should National City desire a reduction in the Scope of Work or wish to add Additional Services, the City and Alpha Project agree to meet and confer in good faith to negotiate an Amendment of this agreement to add or reduce services under this Agreement. 1.5 Standard of Care. Contractor/Service Provider expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.6 No Waiver of Standard of Care. Where approval by City or National City is required, it is understood to be conceptual approval only and does not relieve the Contractor/Service Provider of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Contractor/Service Provider or its subcontractors. 1.7 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Contractor/Service Provider to provide additional security for performance of its duties under this 2 City of Chula Vista Agreement No.: 2021-076 Consultant Name: Alpha Project) Rev. 10/24/17 Page 2 of 19 54 of 213 Attachment No. 2 Agreement, Contractor/Service Provider shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney for the City of Chula Vista. 1.8 Compliance with Laws. In its performance of the Required Services, Contractor/Service Provider shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code and the National City Municipal Code. 1.9 Business License. Prior to commencement of work, Contractor/Service Provider shall obtain business licenses from City and National City. 1.10 Subcontractors. Prior to commencement of any work, Contractor/Service Provider shall submit for City's and National City's information and approval a list of any and all subcontractors to be used by Contractor/Service Provider in the performance of the Required Services. Contractor/Service Provider agrees to take appropriate measures necessary to ensure that all subcontractors and personnel utilized by the Contractor/Service Provider to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Contractor/Service Provider under this Agreement, Contractor/Service Provider shall ensure that each and every subcontractor carries out the Contractor/Service Provider's responsibilities as set forth in this Agreement. 1.11 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Contractor/Service Provider's commencement of the Required Services hereunder, and shall terminate when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 1.11 RTFH Agreement. This Agreement is subject to the terms of the related subrecipient agreement with RFTH (Agreement No. HHAP-2021-City of Chula Vista-1; referred to as "Subrecipient Agreement") which is hereby fully incorporated by reference into this Agreement. In the event of any conflict of terms between this Agreement and the Subrecipient Agreement, the Subrecipient Agreement shall govern. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services, City, as the fiscal agent pursuant to HHAP agreement number HHAP-2021-City of Chula Vista-1, agrees to compensate Contractor/Service Provider in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoicing. Contractor/Service Provider agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Contractor/Service Provider must 3 City of Chula Vista Agreement No.: 2021-076 Consultant Name: Alpha Project) Rev. 10/24/17 Page 3 of 19 55 of 213 Attachment No. 2 obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Contractor/Service Provider. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed to the Satisfaction of City and National City, City shall pay Contractor/Service Provider for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City's discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced. 2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed on each invoice (the "holdback amount"). Upon City review and determination of Project Completion, the holdback amount will be issued to Contractor/Service Provider. 2.5 Reimbursement of Costs. City may reimburse Contractor/Service Provider's out-of- pocket costs incurred by Contractor/Service Provider in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Contractor/Service Provider shall be responsible for any and all out-of-pocket costs incurred by Contractor/Service Provider in the performance of the Required Services. 2.6 Exclusions. City shall not be responsible for payment to Contractor/Service Provider for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Contractor/Service Provider, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Contractor/Service Provider understands and agrees that payment to the Contractor/Service Provider or reimbursement for any Contractor/Service Provider costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Contractor/Service Provider of the terms of this Agreement. If City determines that Contractor/Service Provider is not entitled to receive any amount of compensation already paid, City will notify Contractor/Service Provider in writing and Contractor/Service Provider shall promptly return such amount. 3. INSURANCE 3.1 Required Insurance. Contractor/Service Provider must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the "Required Insurance"). The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 4 City of Chula Vista Agreement No.: 2021-076 Consultant Name: Alpha Project) Rev. 10/24/17 Page 4 of 19 56 of 213 Attachment No. 2 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best's rating of no less than A X. For Workers' Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Contractor/Service Provider must include all sub-Contractor/Service Providers/sub- contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-Contractor/Service Providers must also comply with the terms of this Agreement. 3.5 Additional Insureds. City and National City, including their officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City's Risk Manager. The general liability additional insured coverage must be provided in the form of an endorsement to the Contractor/Service Provider's insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be "Primary." Contractor/Service Provider's general liability coverage must be primary insurance as it pertains to City and National City, their officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City or National City, their officers, officials, employees, or volunteers is wholly separate from the insurance provided by Contractor/Service Provider and in no way relieves Contractor/Service Provider from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days' prior written notice to City and National City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Contractor/Service Provider must procure and put into effect equivalent coverage(s). 3.8 Waiver of Subrogation. Contractor/Service Provider's insurer(s) will provide a Waiver of Subrogation in favor of the City and National City for each Required Insurance policy under this Agreement. In addition, Contractor/Service Provider waives any right it may have or may obtain to subrogation for a claim against City and National City. 3.9 Verification of Coverage. Prior to commencement of any work, Contractor/Service Provider shall furnish City and National City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City and National City that Contractor/Service Provider has obtained the Required Insurance in compliance with the terms of this Agreement. The words "will endeavor" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives" or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City and National City reserve the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements 5 City of Chula Vista Agreement No.: 2021-076 Consultant Name: Alpha Project) Rev. 10/24/17 Page 5 of 19 57 of 213 Attachment No. 2 evidencing the coverage required by these specifications. 3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following requirements also apply: a. The "Retro Date" must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a "Retro Date" prior to the effective date of this Agreement, the Contractor/Service Provider must purchase "extended reporting" coverage for a minimum of five (5) years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Contractor/Service Provider's obligations under this Agreement, including Indemnity. 3.12 Additional Coverage. To the extent that insurance coverage provided by Contractor/Service Provider maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Contractor/Service Provider shall protect, defend, indemnify and hold harmless City and National City, their elected and appointed officers, agents, employees and volunteers (collectively, "Indemnified Parties"), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys' fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Contractor/Service Provider, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Contractor/Service Provider, its employees, agents or officers, or any third party. 4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by California Civil Code section 2782.8, as may be amended 6 City of Chula Vista Agreement No.: 2021-076 Consultant Name: Alpha Project) Rev. 10/24/17 Page 6 of 19 58 of 213 Attachment No. 2 from time to time, the defense and indemnity obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8. 4.3 Costs of Defense and Award. Included in Contractor/Service Provider's obligations under this Section 4 is Contractor/Service Provider's obligation to defend, at Contractor/Service Provider's own cost, expense and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Contractor/Service Provider shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. 4.4. Contractor/Service Provider's Obligations Not Limited or Modified . Contractor/Service Provider's obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Contractor/Service Provider. Furthermore, Contractor/Service Provider's obligations under this Section 4 shall in no way limit, modify or excuse any of Contractor/Service Provider's other obligations or duties under this Agreement. 4.5. Enforcement Costs. Contractor/Service Provider agrees to pay any and all costs City and National City incur in enforcing Contractor/Service Provider's obligations under this Section 4. 4.6 Survival. Contractor/Service Provider's obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONTRACTOR/SERVICE PROVIDER. 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and Contractor/Service Providers performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Contractor/Service Provider shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 5.2 Disclosures; Prohibited Interests. Independent of whether Contractor/Service Provider is required to file a Form 700, Contractor/Service Provider warrants and represents that it has disclosed to City any economic interests held by Contractor/Service Provider, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Contractor/Service Provider warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Contractor/Service Provider, to solicit or secure this Agreement. Further, Contractor/Service Provider warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Contractor/Service Provider, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor/Service Provider further warrants and represents that no officer or employee of City, has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Contractor/Service Provider or 7 City of Chula Vista Agreement No.: 2021-076 Consultant Name: Alpha Project) Rev. 10/24/17 Page 7 of 19 59 of 213 Attachment No. 2 Contractor/Service Provider's subcontractors. Contractor/Service Provider further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 5.3 National City Requirements. National City may also require to Contractor/Service Provider to abide by the terms of this Section 5 by providing written notice to Contractor/Service Provider of such requirement. 6. REMEDIES 6.1 Termination for Cause. If for any reason whatsoever Contractor/Service Provider shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Contractor/Service Provider shall violate any of the other covenants, agreements or conditions of this Agreement (each a "Default"), in addition to any and all other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Contractor/Service Provider. Such notice shall identify the Default and the Agreement termination date. If Contractor/Service Provider notifies City of its intent to cure such Default prior to City's specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Contractor/Service Provider up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Contractor/Service Provider shall immediately provide City any and all "Work Product" (defined in Section 7 below) prepared by Contractor/Service Provider as part of the Required Services. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Contractor/Service Provider may be entitled to compensation for work satisfactorily performed prior to Contractor/Service Provider's receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Contractor/Service Provider of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Contractor/Service Provider shall immediately cease all work under the Agreement and promptly deliver all "Work Product" (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Contractor/Service Provider shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily 8 I City of Chula Vista Agreement No.: 2021-076 Consultant Name: Alpha Project Rev. 10/24/17 Page 8 of 19 60 of 213 Attachment No. 2 performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City's value under the Agreement. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Contractor/Service Provider hereby expressly waives any and all claims for damages or compensation as a result of such termination against both the City and National City except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Contractor/Service Provider shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. This paragraph applies to National City if it is pursuing any suit or arbitration against City. In additional, this section applies to Contractor/Service Provider is pursuing any suit of arbitration against National City. 6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. 6.6 Service of Process. Contractor/Service Provider agrees that it is subject to personal jurisdiction in California. If Contractor/Service Provider is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Contractor/Service Provider irrevocably consents to service of process on Contractor/Service Provider by first class mail directed to the individual and address listed under "For Legal Notice," in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing. 7. OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance of the Required Services (collectively "Work Product") shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Contractor/Service Provider in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Contractor/Service Provider, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Contractor/Service Provider shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 9 ity of Chula Vista Agreement No.: 2021-076 onsultant Name: Alpha Project E Rev. 10/24/17 Page 9 of 19 61 of 213 Attachment No. 2 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by all Parties. 8.2 Assignment. City and National City would not have entered into this Agreement but for Contractor/Service Provider's unique qualifications and traits. Contractor/Service Provider shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City's prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authority. The person(s) executing this Agreement for Contractor/Service Provider warrants and represents that they have the authority to execute same on behalf of Contractor/Service Provider and to bind Contractor/Service Provider to its obligations hereunder without any further action or direction from Contractor/Service Provider or any board, principle or officer thereof. 8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Contractor/Service Provider agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City and National City, including such records in the possession of sub-contractors/sub- Contractor/Service Providers. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties. 8.8 Independent Contractor. Contractor/Service Provider is and shall at all times remain as to City and National City a wholly independent contractor. Neither City and National City nor any of their officers, employees, agents or volunteers shall have control over the conduct of Contractor/Service Provider or any of Contractor/Service Provider's officers, employees, or agents ("Contractor/Service Provider Related Individuals"), except as set forth in this Agreement. No Contractor/Service Provider Related Individuals shall be deemed employees of City or National City, and none of them shall be entitled to any benefits to which City or National City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, neither City or National City will withhold state or federal income tax, social security tax or any other payroll tax with respect to any Contractor/Service Provider Related Individuals; instead, Contractor/Service Provider shall be solely responsible for the payment of same and shall hold the City and National City harmless with respect to same. Contractor/Service Provider shall not at any time or in any manner represent that it or any of its Contractor/Service Provider Related Individuals are employees or agents of City , rity of Chula Vista Agreement No.: 2021-076 onsultant Name: Alpha Project Rev. 10/24/17 Page 10 of 19 62 of 213 Attachment No. 2 or National City. Contractor/Service Provider shall not incur or have the power to incur any debt, obligation or liability whatsoever against City or National City, or bind City or National City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. (End of page. Next page is signature page.) i i ity of Chula Vista Agreement No.: 2021-076 onsultant Name: Alpha Project Rev. 10/24/17 Page 11 of 19 63 of 213 Attachment No. 2 SIGNATURE PAGE CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City, National City, and Contractor/Service Provider agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. ALPHA PROJECT BY: Bob McElroy, President and CEO CITY OF CHULA VISTA CITY OF NATIONAL CITY BY: BY: Maria Kachadoorian, Brad Raulston Chula Vista City Manager National City City Manager ATTEST BY: BY: Kerry K. Bigelow, MMC Luz Molina Chula Vista City Clerk National City City Clerk APPROVED AS TO FORM BY: BY: Glen R. Googins Gabriela M. Torres Chula Vista City Attorney National City Deputy City Attorney z rity of Chula Vista Agreement No.: 2021-076 onsultant Name: Alpha Project Rev. 10/24/17 Page 12 of 19 64 of 213 Attachment No. 2 1. EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS Contact People for Contract Administration and Legal Notice A. City Contract Administration: Angelica Davis, Sr Management Analyst 276 Fourth Avenue; Building C 619-691-5036 adavis@chulavistaca.gov For Legal Notice Copy to: City of Chula Vista City of Chula Vista - City Attorney Glenn Googins, City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 ggoogins@chulavistaca.gov And, City Contract Administration: Housing Programs Manager City of National City Housing Authority 1243 National City Blvd. National City, CA 91950-430 619-336-4219 E-mail: apalma@nationalcityca.gov For Legal Notice Copy to: City of National City: City of National City - City Attorney 1243 National City Blvd. National City, CA 91950-430 619-336-4220 E-mail: cao@nationalcityca.gov B. Contractor/Service Provider Contract Administration: ALPHA PROJECT Karen Pucci, Director of Special Projects 3737 5th Ave Ste 203, San Diego, CA 92103 619-542-1877 karenp(aalphaproi ect.org 2. Required Services A. General Description and Reporting Requirements: The Contractor shall provide services to City and National City related to the Homeless Emergency Assistance Program including, but not limited to: outreach; case management; and, housing navigation. The Required Services required under this Agreement are to be shared between the City and National City equally and consistently with the grant application and award. City and National City 13 ity of Chula Vista Agreement No.: 2021-076 consultant Name: Alpha Project Rev. 10/24/17 Page 13 of 19 65 of 213 Attachment No. 2 shall meet and confer in good faith, as needed, to ensure the required services are shared equally and consistent with the grant application and award. Services shall meet the requirements of the Permanent Local Housing Allocation (PLHA) Program. Reporting Requirements: A year-end and monthly Performance Report spreadsheet will be used to report on the deliverables of the grant. Monthly and year-end quantitate reports of the tasks detailed above will be due 15 days following the end of the previous month and 15 days following the expiration of the Agreement. Narrative summary reports, found in the Performance Report spreadsheet, are due on a bi-annual and annual basis. All reports should be emailed to the City's Contract Administer. B. Detailed Description: Task Description Deliverables Completion Date 1 Outreach Establish supportive relationships with approximately 250 persons to enhance access necessary services and supports that will help them move off the streets 06/30/2022 2 Case Management Case Management of approximately 50 homeless individuals and families in need of housing assistance 06/30/2022 3 Housing Navigation Housing -focused Case Management and Supportive Services for approximately 50 homeless individuals (households) in need of housing assistance and housing stabilization services while they are successfully referred to, matched to, and/or enrolled in permanent housing programs. 06/30/2022 4* Hotel/Motel Voucher Program Provide 50 one-time assistance to fund security deposits and/or short-term rental assistance for bridge or temporary housing stays hotel/motel vouchers rental subsidies. 06/30/2022 5* Tenant Based Rental Assistance Program Provide 30 individuals (or households) with permanent housing rental subsidies 06/30/2022 *Items with the asterisk are for the City of Chula and paid for with ESG and HOME funds. The City of National City will have the Hotel/Motel Voucher Program and Tenant Based Rental Assistance Program administered through separate service providers. 14 ity of Chula Vista Agreement No.: 2021-076 onsultant Name: Alpha Project Rev. 10/24/17 Page 14 of 19 66 of 213 Attachment No. 2 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin August 24, 2021 and end on June 30, 2022 for completion of all Required Services. 4. Compensation: A. Form of Compensation 0 Invoiced or agreed -upon amounts as follows: Agreed -Upon Cost Reimbursements are itemized under Sub: Alpha Project. Reimbursements are retroactive to July 1, 2021. Project Revenue Lead Agency (Chula Vista) Agency Two (National City) Sub: Alpha Project Total of all Agencies RTFH HHAP $ 179,000.00 $ - $ - $ 179,000.00 Other (Emergency Solutions Grant) $ 60,000.00 $ - $ - $ 60,000.00 Other (PLHA) $ - $ 60,000.00 $ - $ 60,000.00 Other (PLEASE DESCRIBE) $ - $ - $ - $ - Total Project Revenue $ 239,000.00 $ 60,000.00 $ - $ 299,000.00 Project Expenses HHAP Lead Agency (Chula Vista) HHAP Agency Two (National City) Sub: Alpha Project Total of all Agencies Personnel $ - $ - $ 203,000.00 $ 203,000.00 Fringe Benefits $ - $ - $ 50,750.00 $ 50,750.00 Operations $ - $ - $ 30,000.00 $ 30,000.00 Transportation $ - $ - $ 15,250.00 $ 15,250.00 Total Project Expenses $ - $ - $ 299,000.00 $ 299,000.00 Total $ - $ - $ 299,000.00 $ 299,000.00 ity of Chula Vista Agreement No.: 2021-076 onsultant Name: Alpha Project Rev. 10/24/17 Page 15 of 19 67 of 213 Attachment No. 2 Notwithstanding the foregoing, the maximum amount to be paid to the Contractor/Service Provider for services performed through Enter End of Contract Date shall not exceed Enter Amount. 5. Special Provisions: El Permitted Sub-Contractor/Service Providers: List Permitted Sub-Contractor/Service Providers or Indicate "None" ❑ Security for Performance: See City Attorney or Indicate "None" if Not Applicable ❑Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for Insert Number of Terms additional terms, defined as a one-year increment or Enter a Specific Date. if applicable_The City Manager or Director of Finance/Treasurer shall be authorized to exercise the extensions on behalf of the City. If the City exercises an option to extend, each extension shall be on the same terms and conditions contained herein, provided that the amounts specified in Section 4 above may be increased by up to Insert Percentage of Increase or Actual Dollar Amount for each extension. The City shall give written notice to Contractor/Service Provider of the City's election to exercise the extension via the Notice of Exercise of Option to Extend document. Such notice shall be provided at least 30 days prior to the expiration of the term. ❑ Other: Describe Special Provisions (Delete Line If Not Applicable) CI None 15 ity of Chula Vista Agreement No.: 2021-076 onsultant Name: Alpha Project Rev. 10/24/17 Page 16 of 19 68 of 213 Attachment No. 2 EXHIBIT B INSURANCE REQUIREMENTS Contractor/Service Provider shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form f General Liability: Including products and completed operations, personal and advertising injury $2,000,000 per occurrence for bodily injury, personal injury (including death), and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement or Blanket AI Endorsement for City and National City* Waiver of Recovery Endorsement Insurance Services Office Form CG 00 01 *Must be primary and must not exclude Products/Completed Operations 0 Automobile Liability $1,000,000 per accident for bodily injury, including death, and property damage Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned 0 Workers' Compensation Employer's Liability $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee Waiver of Recovery Endorsement Other Negotiated Insurance Terms: "NONE" ib ity of Chula Vista Agreement No.: 2021-076 onsultant Name: Alpha Project Rev. 10/24/17 Page 17 of 19 69 of 213 Attachment No. 2 EXHIBIT C CONTRACTOR/SERVICE PROVIDER CONFLICT OF INTEREST DESIGNATION The Political Reform Act2 and the Chula Vista Conflict of Interest Code3 ("Code") require designated state and local government officials, including some Contractor/Service Providers, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, Contractor/Service Providers designated to file the Form 700 are also required to comply with certain ethics training requirements.4 ❑ A. Contractor/Service Provider IS a corporation or limited liability company and is therefore EXCLUDEDS from disclosure. ❑ B. Contractor/Service Provider is NOT a corporation or limited liability company and disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of- interest-code.) Name Email Address Applicable Designation Enter Name of Each Individual Enter email address(es) ■ A. Full Disclosure Who Will Be Providing Service Under the Contract — If • B. Limited Disclosure (select one or more of individuals have different the categories under which the Contractor shall disclosure requirements, file): duplicate this row and complete separately for each individual • 1. •2. •3. •4. •5. •6. •7. Justification: 1Z1 C. Excluded from Disclosure 1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of "Contractor/Service Provider," pursuant to FPPC Regulation 18700.3, must file a Form 700. 2.Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the 2 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704.3 Chula Vista Municipal Code §§2.02.010-2.02.040. 4 Cal. Gov. Code § § 5 3234, et seq. 5 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Ca1.App.4tt' 261; FPPC Reg. 18700.3 (Consultant defined as an "individual" who participates in making a governmental decision; "individual" does not include corporation or limited liability company). rty of Chula Vista Agreement No.: 2021-076 onsultant Name: Alpha Project Rev. 10/24/17 Page 18 of 19 70 of 213 Attachment No. 2 Contractor/Service Provider will provide. Notwithstanding this designation or anything in the Agreement, the Contractor/Service Provider is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2. Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the Contractor's requirement to comply with the disclosure requirements set forth in the Code. Completed by: Angelica Davis, Sr Management Analyst 9 ity of Chula Vista Agreement No.: 2021-076 onsultant Name: Alpha Project Rev. 10/24/17 Page 19 of 19 71 of 213 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the installation of 50 feet of parallel "15- minute" parking and 25 feet of parallel "Loading or Unloading" parking on the north side of E. 8th Street, in front of the future "Market on 8th" at 41 E. 8th Street to increase parking turnover for customers (TSC No. 2020-13). (Engineering/Public Works) Please scroll down to view the backup material. 72 of 213 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 19, 2021 AGENDA► ITEM NO. ITEM TITLE: Resolution of theCity Council of the City of National City authorizing the installation of 50 feet of parallel "15-minute" parking and 25 feet of parallel "Loading or Unloading" parking on the north side of E. 8th Street, in front of the future "Market on 8th" at 41 E. 8th Street to increase parking turnover for customers (TSC No. 0 0-13 . PREPARED BY: Carla Hutchinson, Assistant Engineer - CivilC,H. DEPARTMENT: Engin •- ring/P blic Works PHONE: 619-336-4388 APPROVED BY: EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: NIA ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Resolution authorizing installation of parallel "15-minute" parking and parallel "Loading or Unloading" parking in front of 41 E. 8th Street. BOARD 1 COMMISSION RECOMMENDATION: At their meeting on October 14, 2020, o, the Traffic Safety Committee approved staffs recommendation to install parallel "15-minute" parking and parallel "Loading or Unloading" parking in front of 41 E. 8th Street. ATTACHMENTS: 1. Explanation w' Exhibit 2. Staff Report to the Traffic Safety Committee on October 14, 2020 (TSC No. 2020-13) 3. Resolution 73 of 213 EXPLANATION The owner of "Market on 8th", located at 41 E. 8th Street, has requested time restricted parking on the north side of E. 8th Street, west of "A" Avenue, in front of "Market on 8th" in order to increase parking turnover for customers. The property owner stated that the installation of "1 -minute" and "Loading or Unloading" spaces will increase parking turnover for her customers and allow for more efficient parking enforcement. Staff visited the site and verified that "Market on th" does not have off-street parking. There are approximately 75 feet of "-hour" restricted parallel parking, equal to three (3) parking spaces, in front of the building located in front of 41 E. 8th Street, on the north side of E. 8th Street.. Staff spoke with the property owner and confirmed the "Market on th" will be a food hall concept, featuring 10 food stalls, a coffee shop, a tap room, and 2 retail vendors all with a communal dining area. The proposed parking restrictions on E. 8th Street will allow for the following: two (2) "1 -minute" parking spaces for to -go order pick-up services (Door Dash, Libel- Eats, etc.), and one (1) "Loading or Unloading" parking space for ride share pick-up or drop off services. It shall be noted that per National City Municipal Code Sections 11.32.190 and 11. . 00— "Loading or Unloading" parking zones allow for loading / unloading of passengers for up to 3 minutes, and loading / unloading of materials for up to 20 minutes. This item was presented to the Traffic Safety Committee on October 14, 2020. Staff sent notices to area residents inviting them to Zoom -in or call -in to the Traffic Safety Committee Meeting and/or contact staff with any questions. Staff presented the results of the site evaluation and after discussion, the Traffic Safety Committee voted to approve staff's recommendation to install parallel "15-minute" parking and parallel "Loading or Unloading" parking in front of E. 8th Street. If approved by City Council, all work will be performed by City Public Works 74 of 213 Location Map with Recommended Enhancements (TSC Item: 2020-13) Niederfrank's Ice Cream 50' of proposed paring restriction "1 -minute" parking (2 parking spaces) Market on 8th Street - 41 E. 8th Street 25' of proposed parking restriction "Loading or Unloading" parking (1 parking space) p Vee Parts Accessories 172' of existing parking restriction "30-minute" parking (14 parking spaces) p 75 of 213 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR OCTOBER 14, 2020 ITEM TITLE: ITEM NO. 2020-13 REQUEST TO INSTALL 50 FEET OF PARALLEL "15-MINUTE PARKING" AND 25 FEET OF PARALLEL "LOADING OR UNLOADING" PARKING ON THE NORTH SIDE OF E. 8TH STREET, IN FRONT OF THE FUTURE "MARKET ON T"" AT 41 E. 8TH STREET TO INCREASE PARKING TURNOVER FOR CUSTOMERS PREPARED BY: Carla Hutchinson, Assistant Engineer - Civil Engineering & Public Works Department DISCUSSION: Mr. Joel Tubao, owner of "Market on 8th", located at 41 E. 8th Street, has requested time restricted parking on the north side of E. 8th Street, west of "A" Avenue, in front of "Market on 8th" in order to increase parking turnover for customers. Mr. Tubao stated that the installation of "15-minute" and "Loading or Unloading" spaces will increase parking turnover for her customers and allow for more efficient parking enforcement. Staff visited the site and verified that "Market on 8 " does not have off-street parking. There are approximately 75 feet of "2-hour" restricted parallel parking, equal to three (3) parking spaces, in front of the building located in front of 41 E. 8th Street, on the north side of E. 8th Street. Staff spoke with Mr. Tubao and confirmed the "Market on 8th" will be a food hall concept, featuring 10 food stalls, a coffee shop, a tap room, and 2 retail vendors all with a communal dining area. The proposed parking restrictions on E. 8th Street will allow for the following: two (2) "15-minute" parking spaces for to -go order pick-up services (Door Dash, Uber Eats, etc.), and one (1) "Loading or Unloading" parking space for ride share pick-up or drop off services. It shall be noted that per National City Municipal Code Section 11.32.190 — "Loading or Unloading" parking zones allow for loading / unloading of passengers for up to 3 minutes, and loading / unloading of materials for up to 20 minutes. STAFF RECOMMENDATION: Staff recommends the installation of 50 feet of parallel "1 -minute parking" (equal to 2 parking spaces) and 25 feet of parallel "Loading or Unloading" parking located on the north side of E. 8th Street, west of "A" Avenue, in front of "Market on 3th", to increase parking turnover for customers. EXHIBITS: 76 of 213 I. Correspondence 2. Public Notice 3. Location Map 4. Photos 2020-13 77 of 213 Carla Hutchinson From: Sent: To: Subject: n ick1 Tuesday, March 10, 2020 9:50 AM Stephen Manganielio Requesting change to parking spots on lith St CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Stephen, We had spoke yesterday about requesting changes to the 3 parking spots on the north side of 8th St in front orMarket ontht Market on 8th is a food hall concept that we are bringing Into National City, We will be featuring 10 food stalls, a coffee shop, a tap room, and 2 retail vendors all with a communal dining area. Our goal is to bring the community together in 1 market and for locals to be able to experience a variety of cuisines, local art, and shopping in 1 destination. That being said, we would like to make changes to the 3 parking spots on gth St. We would like to request the furthest East parking space to be our ride share pick up/drop off and the other 2 stalls further West to be 15 miry parking to allow for door dash, Uber eats, to go orders, etc. Please let me know if we can accommodate this request as it Will help our business tremendously due to our limited parking. Nick Fischella r 78 of 213 October 7, 2020 Resident/Property Owner CALIFORNIA NATI1NAUri NCtaRl t]R�lf 1 ED Subject: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2020-13 REQUEST TO INSTALL 0 FEET OF PARALLEL "15-MINUTE INUTE PARKING" AND 25 FEET OF PARALLEL "LOADING OR UNLOADING" PARKING ON THE NORTH SIDE OF E. 8TH STREET, IN FRONT OF THE FUTURE "MARKET ON 8TH STREET" AT 41 E. 8TH STREET TO INCREASE PARKING TURNOVER FOR CUSTOMERS. Dear Sir/Madame: The City of National City would like to invite you to our next public Traffic Safety Committee Conference Call scheduled for Wednesday, October 14, 2020, at 1:00 P.M. via Zoom. Please use the following information to call -in to the meeting during the scheduled time: Join Zoom Meeting from computer https:// oom.us/j 1 4?pwd=NTVLIYkx1N2VGVURRNIzJIVTFRRi9rdz09 Join Zoom Meeting by phone + 1 669-900-9128 Meeting ID: 975 1373 '4 Password: 079585 If you have any questions, comments, and/or concerns, please contact the Engineering Department at 619-336-4380 and reference Traffic Safety Committee Item Number 2020-13. Sincerely, Roberto Yano, P.E. City Engineer/Director of Public Works RY:ch Enclosure: Location Map 2020-13 1234 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 336-4397 engineering@nationalcityca.gov 79 of 213 Location Map with Recommended Enhancements (TSC Item: 2020-13) 50' of proposed parking restriction "15-minute" parking (2 parking spaces) Market on Bth Street - 41 E. 8t" Street 25' of proposed parking restriction "Loading or Unloading" parking (1 parking space) N iederfrank's ice Cream gIelo National Sewing Machines "A" Avenue a Vee Parts Accessories 172' of existing parking restriction I, "3-minute" parking (14 parking spaces) Ike 1 80 of 213 50' of proposed parking restriction "IS -minute" parking 25' of proposed parking restriction "Loading or Unloading" parking Location of proposed parking restriction "15-minute" & "Loading or Unloading" parking on E. 8th Street (looking w s Location of proposed parking restriction 'hl 25of proposed parking restriction "Loading or Unloading" parking 50' of proposed parking restriction "1 -minute" parking -minute" & "Loading or Unloading" parking on E. 8th Street (looking east) 81 of 213 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 Program Supplement Agreement (PSA) No. FO11 Rev. 1 with the State of California Department of Transportation (Caltrans) for the El Toyon-Las Palmas Bicycle Corridor Project to allow for reimbursement of up to $1,544,000 in eligible project expenditures through the Federal Active Transportation Program (ATP). (Engineering/Public Works) Please scroll down to view the backup material. 82 of 213 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 19, 2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute Program Supplement Agreement (PSA) No. F01 1 Rev. 1 with the State of California Department of Transportation (Caltrans) for the El Toyon-Las Palmas Bicycle Corridor Project to allow for reimbursement of up to $1,544,000 in eligible project expenditures through the Federal Active Transportation Program (ATP). PREPARED BY: Jose Lopez, Deputy City Eng inee DEPARTMENT: PHONE: 041 ' APPROVED BY: EXPLANATION: jsee attached. Engi ring/Public Works FINANCIAL STATEMENT: ACCOUNT NO. ATP Grant $1,544,000 Revenue Account:296-06579-3463 Expenditure Account: 9 -409- 99- 9 - 9 - $1,544,000 EI Toyon-Las Palmas Bicycle Corridor Project) There is no local match requirement. Finance APPROVED: APPROVED: MIS ENVIRONMENTAL REVIEW: Caltrans Determination of Categorical Exclusion under 23 CFR 771.117(c): activity (c)(3), approved February 13, 2017, and revalidated February 7, 2021. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: baidopt Resolution authorizing the Mayor to execute PSA No. FC 11 Rev. 1 with Caltrans for the El Toyon-Las Palmas Bicycle Corridor Project to allow for reimbursement of up to $1,544,000 in ATP grant funds. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Explanation wi Exhibits 2. Program Supplement Agreement 3. Resolution! 83 of 213 Explanation On December 10, 2014, the California Department of Transportation (Caltrans) awarded a $375,000 Federal Active Transportation Program (ATP) grant for the El Toyon-Las Palmas Bicycle Corridor Project. There is no local match requirement. The State's $37500O allocation was distributed by Project phases as follows: • Project Approval and Environmental Documents (PA&ED) - $50,000 • Plans, Specifications and Estimate (PS&E) — $250000 • Right -of -Way (ROW) - $75,000 On June 21, 2016, City Council adopted Resolution No. 2016-96 authorizing 1) the Mayor to execute Program Supplement Agreement Number F011 with Caltrans to allow for reimbursement of up to $50,000 in eligible project expenditures, and 2) the appropriation of $50,000 for the project. On December 16, 2016, Caltrans awarded a $1,544,000 Federal ATP grant for the construction phase of the Project. There is no local snatch requirement. On November 8, 2017, Caltrans issued an Authorization to Proceed to the City for the PS&E and RV phase, establishing the date for eligible reimbursement. On February 20, 2018, City Council adopted Resolution No. 2018-24 authorizing 1) the establishment of an appropriation in the amount of $325000 and a corresponding revenue budget for the El Toyon-Las Palmas BicycleCorridor Project. On April 2, 2021, Caltrans issued an Authorization to Proceed to the City for the Construction phase, establishing the date for eligible reimbursement. Similar to the PS&E and RAN phase, there is no local match requirement for the construction phase. The El Toyon-Las Palmas Bicycle Corridor Project includes construction of a new bicycle corridor parallel to the east side of IW505 connecting El Toyon Park and Las Palmas Park (see attached exhibit). Improvements along the bicycle corridor will include Class II and III bike route pavement markings (sharrows) and signage; pedestrian curb ramps for ADA compliance; traffic calming measures such as pedestrian refuge islands, corner bulb -outs and pedestrian actuated flashing crosswalk signs; and storm water treatment infiltration areas. City Council Resolution authorizing the Mayor to execute Program Supplement Agreement No. NO11 Rev. 1 to Administering Agency -State Master Agreement No. 11- 5066F15 is required to allow for reimbursement of eligible project expenditures through the Federal ATP grant. 84 of 213 Class 11 Bike Lane 4th Street, National City Cervantes' Avenue 'if) Class lli Bike Route 4th Street, National City Paradise `alley Hospital I Pedestrian Actuated LED, Sign'. & Crosswalk El Toyon Pork 0 �% Elementary csche La Nocion - Elemenk� r z y Division St. ATP Cycle 1 Project !Construction 201 6/2017) 4th Street Community Corridor- Existing Crossing t.4th St & T Ave,National City Pedestrian Actuated LED Sign National City Blvd, National City lid Plaza/.' iarke Windsor Apartments ! .Bicycle Boxes Curb Extensions Plaza Blvd & A Ave, National City e F rr �; Fri■ 1jIY M�r''�' ah i:aw�a, Curb Extensions Pedestrian Actuated LED Sign 4th Street Community Corridor - Existing Crossing 4th St & U Ave, National City Et -To -you. - Las Palmas Bicycle Boxes DAve&18thSt, National Chi .100 Project !mrrovernen' Granger High School Lincoln Acres School Curb Extensions- (Southwest Corner) dLas Palmas Elementary 11 School NMl__ IF' -I 4 o 1 , 18th St. ATP Cycle 1 Project Construction 014/ 017 311M- Las Palmcs Park Map EXISTING BIKE CORRIDOR Class II - Bikelane Class III - Bike Route PROPOSED BIKE CORRIDOR Class II, Ill Regional Bike Boulevard 44410,Connection to Re ional Bicycle Network ( fission ` lle - Chula CITY Vista Bikeway) CI Future Class 'I, II, or III Bikeway* Future Pedestrian Path* - Sidewalk Gap REGIONAL I* Future BRT Station - SBBRT (2030) • BUS Stop Future Class I1 or Class III Bikeway Note: Bicycle Loop Detectors to be installed at all signalized intersections * Refer to Bicycle Master Plan sting Pedestrian aridge 6i,cyc/,o 8o14sv4ct 0ALIPORNIA -� NATIONAL Crry PROGRAM SUPPLEMENT NO. F011 Rev. 1 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO 11-5066F15 Adv Project ct ID Date: 11-1 000 3 Location: Project Number: E.A.Number: Locode: 5066 May , 2021 11-SD-O-NATC ATPL-5066(032) This Program' Supplement hereby adopts and incorporates the Administering Agency -State Agreement for Federal Aid wwwvhich was entered into between the Administering Agency and the State on 0711 1/11 and is subject to all the terms and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Administering Agency on (See copy attached). The Administering Agency further stipulates thz t as a condition to the payment by the State of any funds derived from sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages_ PROJECT LOCATION* El Toyon - Las Palmas Regional Bicycle Boulevard on Grove Street, Paradise Drive, T Avenue, U Avenue, and Beta Street TYPE OF WORK: Construct bicycle boulevard with sharrows, signage, crosswalks, and LENGTH: a .8( MILE ) pedestrian-activa w d signals Estimated Cost Federal Funds S325,000.00 550.000_00 51,544,000.00 J1 ,00100 CITY OF NATIONAL I TY By Title Date Attest Matching Funds LOCAL OTHER O 00 S0,00 STATE OF CALIFORNIA Department of Transportation y Chief, Office of Project Implementation Division of Local Assistance Date hereby certify upon my personal t.novv edge that budgeted funds are available for this encumbrance_ Accounting Officer Date S1.919.000.00 Program Supplement 11-50 6F15-F 11-R1- I TEA Page l of 86 of 213 11-s D-C-NATO ATPL- O 6(� ) SPECIAL COVENANTS OR REMARKS 1. A. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. E . ADIVI\ISTE7,11NG AGENCYAGENGY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further state or Federal funds are needed for those future pllase(s). r C. Award information shall be submitted by the ADMI II TERi G AGENCY to the District Local Assistance Enc ineer immediately after project contract award and prior to the submittal of the ADM FICI ISTE I AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing invoices for the construction phase. Attention is directed to Section 15.7 "Award Package" of the Local Assistance Procedures rvlanual. D. ADMINISTERING IN AGENCY agrees, as a minimum, to subunit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumbrances for State funded projects, as well as to suspend invoice payments for any on -going or future project by ADMINISTERING AGENCY it PROJECT costs have not been invoiced by ADMINISTERING IN AGENCY CY for a six-month period. If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY Y agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING I AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion result in STATE imposing sanctions upon., ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual. E. Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal-= :sisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to 1.)n sure nondiscrimination in the award and administration of Federal -assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. implementation of the DBE Implementation Agreement, including but not limited to timely reporting of D3E commitments and utilization, is a legal Program su pplernent +11-506 F15-FOI 1- 1- ISTEA Page 2 of 8 87 of 213 1 —SD-D-NATO ATPL-5 66(03 ) SPECIAL COVENANTS OR REMARKS KS obligation and failure to carry out its terns shall be treated as a violation of this Agreement. Upon notification to the /Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as proviced for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud civil Remedies Act of 1 (31 U.S.C. 3801 et sect F. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304, all project funds not liquicated within these periods will revert unless an executed cooperative Work Agreement extending these dates is requested by the ADMiNISTE ING AGENCY and approved by the California Cie Dartrnent of Finance. ADMINISTERING IN , ENC` should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the l-,-pse of applicable funds. Pursuant to a directive from the State controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable i,vortc for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliguidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimourserent involving applicable funds that is not received by the Deartment's Local Programs ii_ c.ouriting Office at least 45 days prior to the applicable fixed fund Reversion Date will be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date. G. As a condition for receiving federal -aid highway funds for PROJECT, the Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Exclusion List. 'Txclr_rsions can be found at vww. sale .gov. H. This PROJECT is ro rammed to receive Federal funding from the Active Yee Transportation Program (ATP). Funding may be provided under one or more components. A component(s) specific fund allocation is required, in addition to other requirements. before reimbursable work can occur for the component(s) identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per component(s). This PRO l Arv1 SUPDLEMENT has been prepared to allow reimbursement of eligible PROJECT expenditures for the component(s) allocated. The start of reimbursable expenditures is restricted to the later of either 1) the effective date of thc, component specific allocation or the effective date of the feceral obligation of funds. Program Supplement 11-505 F15-FO 11-RI - 1 -TEA Page 3 of 8 88 of 213 11 -SD-O-NATC ATPL-5066(032) SPECIAL COVENANTS OR REMARKS I. STATE and ADMINISTEI\G AGENCY aoree that any additional funds which micht be made available by future Federal obligations will be encumbered on this 'ROJECT by use of i STATE -approved "Authoriyation to Proceed" and Finance Letter. ADMINISTEF-MG AGENCY also agrees that Federal funds available for reimbursement will he limited to the amounts obligated by the Federal Highway Administration and that STATE funds available for reimbursement will be limited to the amounts allocated by the California Transportation Commission and/or STATE. J. Upon ADMINISTERING AGENCY request, the CTC and/or STATE nay approve supplementary allocations, time extensions, and fund transfers between components. Funds transferred between allocated project components retain their original timely use of funds deadlines, but an approved brie extension will revise the timely use of funds criteria tor the component(s) and allocation(s) requested. Approved supplementary allocations, time extensions, and fund transfers between components made after the execution of this PROGRAM SUPPLEMENT will be documented and considered subject to the terms and conditions thereof. DocurnentaLon will consist of a Federal Highway Administration- -r-ipproved "Authorization to Proceed" notification, j STATE approved Allocation Letter, Fund Transfer Letter, Time E-xtension Letter, and Finance Letter, as appropriate. K. This PROJECT will be administered in accorcance with the applicable OTC STIP guidelines and the Active Transportation Program guidelines as adopted or amended, the Local ,Assistance Procedures Manual (LAPM), the Local Assistance Program Guidelines (LAPG), and this PROGRAM SUPPLEMFNT. L. The submittal of invoices for PROJECT costs shall be in accordance with the above - referenced publications and the following. The ADMINISTERING AGENCY shall invoice STATE for environmental & permits, plans specifications & estimate, and right-of-way costs no later than '180 days after the end of last eligible fiscal year of expenditure. .1.-or construction costs, the ADMINISTE7--)%1NG AGENCY has 180 days after project completion or contract acceptance, whichever occurs first, to make the final payment to the contractor and prepare the final Report of Expenditures and final invoice, ano ,su3r-nit to STATE for verification and payment. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the encumorance of funds under this Agreement. Funding and reimbursement are available only upon the passage of the State 3uc,get Act containing these Federal funds. N. This PROJECT is subject to the timely use of funds provisions enacted by the ATP Guidelines, as adopted or amended, and by approved CTC and State procedures as outlined below. Funds allocated for the environmental & permits (E&P), plan specifications & estimate (PS&E), and right-of-way components are available for expenditure until the end of the second fiscal year following the year n which the funds were allocated, Program Supplement 11-5066F15-F011.R1- ISTEA Page 4 of 8 89 of 213 1 1- D-O- T C ATP Lw5 G (O ) SPECIAL COVENANTS OR REMARKS Funds allocated for the construction component are subject to an award dieadline and contract completion deadline, ADMINISTERING AGENCY agrees to award the contract within 6 months of the construction fund allocation and to complete and accept the construction within 6 months of award. o. By executing this PROGRAM UP1": LEIv1EI T, ADMINISTERING AGENCY agrees to comply with all reporting requirements in accordance with the Active Transportation P rocram Guidelines, as adopted or amended. P . This PROJECT has received funds from Active Transportation Program (ATP). The ADMINISTEING AGENCY agrees to administer the project in accordance with the CTC Adopted B'l Accountability and Transparency Guidelines, 2 A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures (inciuding those set forth in the Local Assistance Procedures rvianual and the Local Assistance Program guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal -aid program, all Title 23 Code of Federal Regulation (CFR) and 2 CFR Part 200 federal recluirer erlts, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project -specific P OG AM SUPPLEMENT. B. Invoices shall be formatted in accordance with LOCAL ASSISTANCE P EDUE, C. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGE\CY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled check showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs, D. Indirect Cost Allocation Plan/Indirect Cost Rate Pr000sals (CAP/!CRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE, ( altraris Audits & Investigations) for review and approval prior to ADMI I TERI AG AGENCY seeing reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. CA- s/I RPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/IP approval procedures established by STATE. E. STATE will withhold the greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $40,00C until ADMINISTERING Program Supplement '1- 0 6F15-F0'11-R1- I TEA Page 5 of 90 of 213 11- D-O ATC ATPL-506+(0) SPECIAL COVENANITS OR REMARKS AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT. FT. Payments to ADiv1INISTERING AGENCY for PROJECT -related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors a11c subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING ING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTFR G AGENCY on demand within thirty (30) days of such invoice. G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Adn inistrative Requirements, Cost Principles and Audit Requirement for Federal Awards, H. ADMINISTEING AGENCY .agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition egulations System, Chapter 1, Part 31, et se ,, shall be used to determine the allowability of incividuai PROJECT cost items. I. Every sub -recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Pubic Contract Code (PCC) 10300-10334 procurement of goods), FCC 1033 -103 1 (non-A&E services), and other applicable STATE and FEDERAL regulations. J. Any PROJECT costs for which ADMINISTERING AGE.\CY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL AL regulations, are subject to repayment by ADMINISTEFRI\JG AGENCY to STATE, K. STATE reserves the right to conduct technical and financial audits of' PROJECT WORK and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate anc relevant P. OJECT records available for audit and cc yiric as required by the following paragraph: AMINISTEIC AGENCY, ADMINISTERING AGENCY contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorizec representative of STATE or the United States all books, documents, papers, accountinc records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above referenced parties shall make such AGREEMENT, PROGRAM AM SUPPLEMENT, and contract materials available at their respective offices at all reasonable tithes durinc the entire PROJECT period and for three Program Supplement 11-506 F15-FOIL -R1- ISTEA Page 6 of 8 91 of 213 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing a Fiscal Year 2022 budget adjustment to establish appropriations in the amount of $55,000 for Capital Improvement Program (CIP) Fleet Vehicle Equipment and Accessories for the Public Works Streets and Wastewater Division and the National City Police Department. (Engineering/Public Works) Please scroll down to view the backup material. 92 of 213 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 19, 2021 AGENDA ITEM No.: ITEM TITLE: Resolution of the City Council of the City of National City authorizing a Fiscal Year 2022 budget adjustment to establish appropriations in the amount of $55,000 for Capital Improvement Program (CIP) Fleet Vehicle Equipment and Accessories for the Public Works Streets and Wastewater Division and the National City Police Department. PREPARED BY: Tirza Gonzales, Management Analyst II EPARTMENT: Enginee PHONE: 19-336-431 APPROVED BY. EXPLANATION: See Staff Report. ublic Works FINANCIAL STATEMENT: APPROVED: FINANCE ACCOUNT NO. APPROVED: MIS 644-411-000-511-0000 (Automotive Equipment) $55,000 Funding source is fund balance in fund 644 - Vehicle Acquisition. ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION ri STAFF RECOMMENDATION: Adopt the resolution authorizing a budget adjustment to establish appropriations in the amount of $55,000. BOARD I COMMISSION RECOMMEN[A►TION ATTACHMENTS: 1. Staff report 2. Resolution 93 of 213 Explanation: Through adoption of the FY19, FY 0, and FYI annual budgets, City Council approved the purchase of these vehicles: One (1) National City Police Department(NCPD) Traffic Truck, one 1 Public Works Streets and Wastewater Division Brush Hog, and three (3) NCPD Interceptors. Due to delays and price increases in the automotive industry, additional funding is required to complete the build -outs of the NCDPD vehicles, which includes accessories and interior and exterior warning and emergency lighting. In addition, the Streets Brush Hog was approved for purchase by council through the FY 0 annual budget and was not purchased due to availability issues. The requested appropriations for the brush hog has not increased since council approved its purchase inFY0. Therefore staff requests City Council authorize a Fiscal Year 2022 budget adjustment to establish appropriations in the amount of $55,000 for Capital Improvement Program (CIP)Fleet Vehicle Equipment and Accessories for the Public Works Streets and Wastewater Division and the National City Police Department from the automotive equipment account as follows: Description of Vehicle/Equipment Funds Needed - NCPD Traffic Truck Build -Out $26,000 - Streets and Wastewater Brush Hog $4,000 2 - NCPD Patrol Interceptor Build -Out $15,000 '1 - NCPD K-9 Interceptor Build -Out $10,000 Total $55,000 94 of 213 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit — Milk & Honey Outdoor Event hosted by Outpouring Outreach Ministry at 1920 Sweetwater Road on December 4, 2021 from 9 a.m. to 4:30 p.m. with no waiver of fees. (Community Development) Please scroll down to view the backup material. 95 of 213 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 19, 2021 AGENDA ITEM NO. ITEM TITLE: Temporary Use Permit — Milk & Honey Outdoor Event hosted by Outpouring Outreach Ministry at 1920 Sweetwater Road on December 4, 2021 from 9 a.m. to 4:30 p.m. with no waiver of fees. PREPARED BY: Dionisia Trejo DEPARTMENT: Community Dev .p ent Department PHONE: (619) 336-4255 APPROVED BY: EXPLANATION: This is a request from Outpouring Outreach Ministry to conduct the Milk & Honey Outdoor Event at 1920 Sweetwater Road on December 4, 2021 from 9 a.m. to 4:30 p.m. Set up for the event will commence at 6 a.m. on the day of the event. This event will include live Christian music, vendors, food trucks and eating areas with tables and chairs. Note: This is the first time this organization has requested a Temporary Use Permit. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS City fee of $272.00 for processing the TUP through various City departments and $191.00 for the Fire Inspection. Total Fees $463.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees or in accordance to City Council Policy 802. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Application for a Temporary Use Permit with recommended conditions of approval. 96 of 213 Type of Event F71 Fair/Festival TUP 1 City of National City Neighborhood Services Department 1243 National City Boulevard • National City, CA 91950 (619) 3364364 fax (619) 336-4217 www. nationalcityca, gov Sp J• vent Ap Parade/March [Iwaik or Run LJ.Concert/Performance Sporting Event p Other (specify) Event Name & Location Event Title Milk & Honey Outdoor Event (Christian Faith Based Event) Event Location (list all sites being requested) Heart Revolution Church 1920 Sweetwater Rd, National Cit Event Times SetL"' C42r4� Date j jk142-1 Time EventStarts g:00am Date12/' f Time 6:OOam Event Ends Date_ fspl��, ` Time Breakdown En.s Date -j`1 1 � � _ Tim432g 3o',yi Day of VJeek . Saturda..y Dayof•Week Saturday Day of Week Saturday Day of Week Saturday Applicant (Your name) Alexia LowerySponsorin.gOutpouring Outreach Minis Organization Event Coordinator (if different from applicant) Alicia Lowery Mailing Address 2817 Desmond Dene Heights Road, Escondido CA 92026 Day Phone760248287 After Hours Phone same Cell 760-224-8287 Public Information Phone 769367003 E-mail outprh17gmaiLcom Fax760-432•-030( Applicant agrees to investigate, defend, indemnify and hold harmless the City, its officers, employees and agents from and against any and all loss, damage, {lability, claims, demands, detriments, costs, charges, expense (including attorneys fees) and causes of action of any character which the City, its officers, employees and agents may incur, sustain or be subjected to on account of foss or damage to property or the loss of use thereof and for bodily injury to or death of any persons (including but not limited to the employees, subcontractors, agents and invitees of each party hereto) arising out of or in any way connected to the occupancy, enjoyment and use of any City premises under this agreement to the extent permitted by law. Applicant understands this TUP/special event may implicate fees for City services, which will have to be paid in the Citys Finance Department 48 hours prior to the event set-up. The undersigned also understands and accepts the City's refund policy for application processing and facility se and that fees and charges are adjusted ann ally and are subject to change. Signature of applicant: _Date 1 Q. if zw--/ 97 of 213 Special Event Application (continued) plate the foliowing sections w as much detail as sible since fees and requirements are teased, on the information you provide us. e Fees/Proceeds/Rep orting Is your organization a "Tax Exempt, nonprofit" organization? Yes Are admission, entry, vendor or participant fees required? Yes if YES, please explain the purpose and provide amount (s): Nonprofit 501 C3 is still pending. Free admission to the public. vendors will pay a small fee. No No $fistirnated Gross Receipts including ticket, product and sponsorship sales from this event. $ 7,000 Estimated Expenses for this event. $ 10,000 What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Description of Event First time event 7 Returning Event 171 include site map with application Note that this description may be published in our City Public Special Events Calendar: Every September we plan on having Milk & Honey Outdoor Market at Heart Revolution Church. This event will showcase all Christian based vendors, t-shirts, artwork, music, books, etc. We will have food trucks and worship music along with local groups showcasing their music. Estimated Attendance Anticipated # of Participants: 200 Anticipated # of Spectators: 300 14, 98 of 213 Traffic Control, Security, First Aid and Accessibility Requesting to close street(s) to vehicular traffic? Yes • f 4 List any streets requiring closure as a result of the event (provide map): Date and time of street closure: Date and time of street reopening: Other (explain) ‘INENNImb. b, Requesting to post "no parking" notices? Yes No viEf 1-7 Requested "No Parking" on city streets and/or parking lots (list streets/parking lots) (provide map)* ElOther (explain) •Security' and Crowd Control Depending on the number of participants, your event may require Police services. Please describe your procedures for both Crowd Control and Internal Securi security, church Deacons. Along with ex -police officers who attend church. We will provide church Have you hired Professional Security to handle security arrangements for this event? YesEl NofJ If YES, name and address of Security Organization Security Director (Name): Phone: If using the services of a professional security firm and the event will occur on City property, please provide a copy of its insurance certificate, evidencing liability with limits of at leas $1 Million dollars per orcurrence42 Million dollars aggregate, as well s and additional insured endorsement naming the C ,of National City, its officers, employees, and agents as additional insureds. Evidence of insurance must be provided by the vendor or its insurer to the Neighborhood Services Department at the time of •submission. s Is this a night event? Yes NoRfl If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: 3 99 of 213 First Aid Depending on the number of participants, our event may require specific First Aid services. First station to be staffed by event staff? Yes NoFirst aid/CPR certified? Yes No First aid station to be staffed by professional company. *4- Company aid 11 using the servtces of a professional medical organization/company and the event will occur an City property, p e provide a copy of its insurance certificate, evidencing Ilabitity with limits of at -_st $1 Mitilon dollars • - r occurrence/$2 Militon dollars aggregate, as well as and additional insured endrsement naming the City of National City, its officers, employees, and agents as additional insureds. Evidence of insurance must be provided by the vendor or its insurer to the Neighborhood Services Department at the time of submission. Accessibility Please describe your Accessibility Plan for access at your event by individuals with disabilities: This event will be held on Church parking lot, no stairs. This will be easy access to wheelchairs along with handicap parking. We will have port of potties for guest with disabilities. 1 Elements of your Event Setting up a stage? Yes n N Requesting City's PA system Requesting City Stage; if yes, which size? Dimensions (13)(28) Applicant providing own stage Ok*' (Dimensions) Setting up canopies or tents? 120 #ofcanopies size lOx1O # of tents size ElNo canopies/tents being set up 4 Dimensions (20x28) 100 of 213 Setting up tables and chairs? Furnished by Applicant or Contractor ElNotables being set up 100 _ # of chairs Ell No chairs being set up I 0 # of tables El (For City Use Only) Sponsored Events — Does not apply to co -sponsored events # of tables # of chairs Contractor Name Contractor Contact Information No tables being set up No chairs being set up Address Setting up other equipment? LISporting Equipment (explain) Other (explain) City/State Phony Number Not setting up any equipment listed above at event Having amplified sound and/or music? ves[/J Nofl 17 Live music 110 LLJSmaH 4-5 piece live band VIOther {explain) Church worship team and DJ If using live music or a DJ. Contractor Name Address PA System for announcements f7'Jco player or DJ music Large 6+ piece live band 5 City/State Phone Number 101 of 213 Using lighting e uipment at your event? Yesri No Bringing in own lighting equipment Using professional lighting company Company Name Address Using electrical power? Yes Using on -site electricity Bringing in generator(s) cif City/State For sound and/or lighting For sound and/or lighting AINIMMIMMEW- r ��. Phone Number Using Kimball Park Bowl Lighting (from,to, , ) For food and/or refrigeration For food and/or refrigeration Vendor Information PLEASE NOTE: You may be = • ulred to apply for a temporary health permit if food or beve aresoldofgiv,newayduringyours. event. Also sae Permits and Corn = _ . ncWon in the Special Event Guide. For additional inforinatlon on obtaining a temporsry health perm pis contact the County of San Diego Envlronmental Health at (619) 3382 : as Having food and non-alcoholic bever.4ges at your event? Yes Q No1J Vendors preparing food on -site ► # Business License # If yes, please describe how food will be served and/or prepared: Ift") UG5 bit I t� t� .Wiesof ou intend to cook food in th GAS ELECTRIC event area please s .ecify the method: CHARCOAL OTHER (Specify): Vendors bringing pre -packaged food Obi' # ► Business License # Vendors bringing bottled, non-alcoholic beverages (i.e., bottled water, can soda, etc.) ► # Vendors selling food # ► Business License #(s) Vendors selling merchandise # Business License #(s) Food/beverages to be handled by organization; no outside vendors iVendors selling services # Business License #(s) 1:P Explain services Vendors passing out information only (no business license needed) #_ ti:P. Explain type(s) of information Church Ministry Services No selling or informational vendors at event 6 2 102 of 213 Having children activities? Yes No SE NGI'E: In the event in ` : =, • -jumps are provided at the event, The C.Ity �. N =_ • nal City requires commercial I ..,.' ity insurance with (units of at least $1 Mitilon d • = s per occurrence/$2 Mililon rs ate. In = • = Mon, the City of Naltonal City must be named as an Additional Insured pursuant to ;. separate endorsement, which shad be provided by the vendor or its insurer to the City's Risk Ma _ • er, along with the Certiflcate of Insurance, for approval prior to the event. The application should be fiied out at {east one week prior to the event. For questions ar to obtain a copy of the "Fadiiiy Use Applicatio.n", Please contact theEngIni•erIngubik. Works De •� rtment at (619) 336:4580. nInflatable bouncer house # _ r]Rock climbing wall Height nInflatable bouncer slide # n Arts & crafts (i.e., craft making, face painting, etc.) Carnival Rides Having fireworks or aerial display? Yes Vendor name and license # Dimensions Number of shells EIJother Duration Max. size PLEASE NOTE: In the event fireworks or another aenat display is planned for your evens, The City of National City requires cammer&I IiabiIi insurance wtth limits of at least $2 Million dollars TzT o�urrence/ $4 Wan doffars a. • r�t.: te. In addition, the City of National City must be named as an Addition insured pu rsuarit to a sepa rate endorsement, wh ich shaft be pro - by the vendor or its insurer to the City's Risk along with the Certificate of Insurance, for approval prior to the event. Depending an the size and/or nature of the fireworks display, the City reser'ves the right to request higher hab ` its. The vendor must also obtain a fireworks it from the N nal City Fire Depae:t and the cast is $545.00 Arranging for media coverage? Yes Non 11 Yes, but media will not require special set-up Yes, media will require special set-up. Describe ) 103 of 213 Event Signage PLEASE NOTE: For Ctty sponsored or C$OflSOr€d events, banners publicizing the event may be ptaced on the exsfing p art the 1800 black and 3100 biock of Natio -: City .uIevard. The bangers must be mane to the City's s t - iflcations. Please refer to the City's Special Event Guidebook and Fee Schedule for additional information, Are you planning to have signage at your event? Yes No II Yes, we will post signage # _ Dimensions Yard signs to 8x2 flags Yes, having inflatable signage # 0*' (complete Inflatable Signage Request form) Yes, we will have banners # Milk & Honey Outdoor Market What will signs/banners say? How will signs/banners be anchored or mounted? On tents with proper secured attachments Location of banners/signage Entrance, on church walls and on fence. Waste Management PLEA$E NOTE: One toilet for eery 250 to is required, un :_�� s the applicant can show that there are �jjafacik� 'itt the immediate area avoi 113"to the pubic duringthe e*t Are you planning toirovJdportahIe restrooms at the event? Yesri— N If yes, please identify the following: 00b Total number of portable toilets: 10P Total number of ADA accessible portable riiContracting with portable toilet vendor. t> Load -in Day & Time Poraabie toilets to be serviced. Tirne Set-up, Breakdown, Clean-up ets: Cotur�i �nvKo�er��(1 ii�. Company 10•* Load -out Day & Time Setting up the day before the event? TlYes, will set up the day before the event. 0*. # of set-up day(s) No, set-up will occur on the event day Requesting vehicle access onto the turf? Yes, requesting access onto turf for set-up and breakdown (complete attached Vehicle Access Request form) No, vehicles will load/unload from nearby street or parking Jot.. 8 104 of 213 NPDESLitter Fence City to install litter fence Applicant to install litter fence E1N/A Breaking down set-up the day after the event? Yes, breakdown will be the day after the event. ,i0E No, breakdown will occur an the event day. How are you a •ling clean-up? LIUsing City crews Using volunteer clean-up crew during and after event. Using professional cleaning company during and after event. Miscellaneous # of breakdown day(s) Please list anything important about your event not already asked on this application: Vendor information is only an estimate. Vendors will have to register and supply information. si Please note if I can not cover my cost event will be canceled and vendors will be reimbursed. Please make a copy of this application for your records. We do not provide copies. 9 105 of 213 pecial Events Pre -Event Sto rm Water Compliance Checklist Special Event Inforrnation Name of Special Event: /�11E-F► a rti4 C Event H o Coordinator: its CJC} CAW� Phone Number. � 'd 1 (1Y1v4/ 01/14Thorz_ atlYr Event Address:, _ /'i2,0 Suitetilthr xpected # ofAttenclees:Event Address:expected # Storm Water Best Managernent radices (BMPs) Review YES NO /A Will Provide e ough trash cans number of trash provided bins: for the I 0 event? Will Provide enough number recycling of bins recycle provided bins: for the (O event? E � l Will for all ADA portable compliant toilets portable have secondary toilets) containment trays? (exceptions _ _ . Do all storm drains fromenterrng? have screens to temporarily protect trash and debris � // x , , Are spill cleanup kits readily available at designated spots? 4 7 , , * A Post-Eveirit Storm Water Co uplian-ce Checklist will be cornpleted by 0 L\ -Staff. 10 106 of 213 City of National City Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold H : rmless Agreement. Certificate of insurance must be attached to this permit. The insurance company issuing the insurance policy must have a A.M. Best's Guide Rating of A:VII and that the insurance company is a California admitted company; if not, then the insurance policy to the issuance of the permit for the event. The Certificate Holder must reflect: City of National City Risk Management Department 1243 National City Boulevard National City, CA 91950 Organization: Person in Charge ofActiyity: Address: diCiq Teleph•one:T7(.0 _ aszm mido) 676 q24_0062(t) 12-02•1 SeditirclaiT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the perrnittee or its agents, employees or contractors. Signature of Applicant: Offici.1 Title: qa•-. For O.fffoe Use .n!y Certificate of Insurance Approved Date I 1 107 of 213 Googie Map 1920 Sweetwater Rd 61 c\lt 0, 5 gtk CtiftcKti-- ts4J dqtticAT Ari7J keACI v tcl‘Q..i (Atli ni S6S1 01w kteN "P1/44/10\iCoe AVO‘ic:› Map data 02021 , Map data ©2021 Google 20 ft e=EM, CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Outpouring Outreach Ministry EVENT: Milk & Honey Outdoor Event DATE OF EVENT: December 4, 2021 APPROVALS: COMMUNITY SERVICES RISK MANAGER PUBLIC WORKS FINANCE FIRE POLICE ENGINEERING COMMUNITY DEVELOPMENT YES [x] YES [x] YES [ x ] YES [x] YES [x] YES [x] YES [x] YES [x] NO NO NO NO NO NO NO NO SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS CONDITIONS OF APPROVAL: PUBLIC WORKS (619)366-4580 No involvement POLICE DEPARTMENT The police department will generate an extra patrol bulletin for our patrol staff. Nothing further from PD. ENGINEERING No comments received COMMUNITY SERVICES No involvement FINANCE No comments received 109 of 213 COMMUNITY DEVELOPMENT Planning 1. Speakers shall face away from residential properties 2. Activities shall comply with Table III of NCMC Title 12 (Noise) Building No comments received Neighborhood Services Neighborhood Notifications — Events are required to notify residents and/or businesses of the surrounding impacted areas by the event. The notice shall include the name of the event, name and phone number of the company/organization producing the event, the dates and times of the event (including set-up and breakdown) and a detailed description of how the residents and/or businesses may be affected, such as by street closures, "No Parking" signs being posted, music at the event, etc. Display of banners -- Banners are allowed on site for event but must be removed immediately thereafter event completion. If you wish to place banners in any location other than on -site, you must get approval from the property/business owner where you intend to display the banner. RISK MANAGER (619) 336-4370 Risk Management has reviewed the above -captioned application for the issuance of a Temporary Use Permit. As much as the event will be held solely on private property, there will be no additional insurance requirements necessary for the issuance of the permit. It should be noted that the applicant properly executed the Hold Harmless and Indemnification Agreement when the Special Event Application was submitted. 110 of 213 FIRE (619) 336-4550 Inspection Required A $191.00 fee will be charged for an After Hour Inspection. Addition fees may charged based on any changes. Stipulations required by the Fire Department for this event are as follows: 1) Access to the area to be maintained at all times, entrances and emergency roadways. No Blocking Off. 2) Fire Department access into and through booth areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 14 feet. 3) Fire Hydrants, Fire Department Connections (FDC) Fire Protection Devices, etc. shall not be blocked or obstructed. 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 6) Provide a 2A:10BC fire extinguisher at stage area. Extinguisher to be mounted in a visible location between 3'/2`to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. 7) Internal combustion power sources that may be used for inflatables, light towers, etc. shall be of adequate capacity to permit uninterrupted operation during normal operating hours. Refueling shall be conducted only when the ride is not in use. 8) Internal combustion power sources shall be isolated from contact with the public by either physical guards, fencing or an enclosure. Internal combustion power shall be at least 20 feet away stage area. 9) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. 10) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all food trucks, cooking areas, vendor booths, etc. 111 of 213 11) If tents or canopies are used, the following information shall apply: • Tents having an area from 0-200 square feet shall be $300.00 • Tents having an area more than 201 square feet shall be $600.00 • Canopies having an area from 0-400 square feet shall be no charge. • Canopies from 401-500 square feet shall be $353.00. • Canopies from 501-600 square feet shall be $394.00. • Canopies from 601 square feet or greater shall be $515.00. • Multiple tents and or canopies placed together equaling or greater than the above stated information shall be charged accordingly. • Tents shall be flame-retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Fees can only be waived by the City Council. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet State Fire Marshal approval for cooking. See Fire Marshal for required explanation. 12) Concession stands utilized for cooking shall have a minimum of 10 feet of clearance on two sides and shall not be located within 10 feet of tents or canopies. 13) All cooking booths or areas to have one 2A:10BC fire extinguisher. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. See Fire Marshal for required explanation. All fire extinguishers to have a current State Fire Marshal Tag attached. 14) First Aid will be provided by the Church. 15) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of one hundred ($191.00) dollars. 16) Food Trucks require a NCFD permit and inspection prior to the event. They most contact NCFD prior to the event and make arraignments for the inspection or they may not be allowed to participate. 17) 10'x10' and be clustered but must be separated to meet code if not flame retardant. Contact the National City Fire Dept. at 619-336-4550 if you need more info. Fire Department fees can only be waived by City Council. 112 of 213 The following page(s) contain the backup material for Agenda Item: Warrant Register # 10 for the period of 9/01/21 through 9/07/21 in the amount of $3,816,368.09. (Finance) Please scroll down to view the backup material. 113 of 213 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 19, 2021 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #10 for the period of 9/01/21 through 9/07/21 in the amount of $3,816,368.09. (Finance) PREPARED BY: Karla Apalategui, Senior Accounting Assistant DEPARTMENT: Finance PHONE: 619-336-4572 EXPLANATION: APPROVED BY: Per Government Section Code 37208, below are the payments issued for period 9/01/21 - 9/07/21. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount City of San Diego 949611 1,513,863.00 Explanation Sewer Transportation — Treatment Fees FY 2022 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $ 3,816,368.09 . 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 $3,816,368.09 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 10 114 of 213 CALIFORNIA NATIONAL Clary - tiVCORPORR'PED - - WARRANT REGISTER # 10 9/7/2021 PAYEE DESCRIPTION ANDERSON RETIREE HEALTH BENEFITS - SEPT 2021 BEARD RETIREE HEALTH BENEFITS - SEPT 2021 BECK RETIREE HEALTH BENEFITS - SEPT 2021 BISHOP RETIREE HEALTH BENEFITS - SEPT 2021 BOEGLER RETIREE HEALTH BENEFITS - SEPT 2021 BULL RETIREE HEALTH BENEFITS - SEPT 2021 CAMEON RETIREE HEALTH BENEFITS - SEPT 2021 CARRILLO RETIREE HEALTH BENEFITS - SEPT 2021 COLE RETIREE HEALTH BENEFITS - SEPT 2021 COLLINSON RETIREE HEALTH BENEFITS - SEPT 2021 CONDON RETIREE HEALTH BENEFITS - SEPT 2021 CORDERO RETIREE HEALTH BENEFITS - SEPT 2021 DALLA RETIREE HEALTH BENEFITS - SEPT 2021 DANESHFAR RETIREE HEALTH BENEFITS - SEPT 2021 DEESE RETIREE HEALTH BENEFITS - SEPT 2021 DESROCHERS RETIREE HEALTH BENEFITS - SEPT 2021 DIAZ RETIREE HEALTH BENEFITS - SEPT 2021 DILLARD RETIREE HEALTH BENEFITS - SEPT 2021 DREDGE RETIREE HEALTH BENEFITS - SEPT 2021 DUONG RETIREE HEALTH BENEFITS - SEPT 2021 EISER III RETIREE HEALTH BENEFITS - SEPT 2021 ESPIRITU RETIREE HEALTH BENEFITS - SEPT 2021 ETZLER RETIREE HEALTH BENEFITS - SEPT 2021 FABINSKI RETIREE HEALTH BENEFITS - SEPT 2021 FERNANDEZ RETIREE HEALTH BENEFITS - SEPT 2021 FIFIELD RETIREE HEALTH BENEFITS - SEPT 2021 GAUT RETIREE HEALTH BENEFITS - SEPT 2021 GELSKEY RETIREE HEALTH BENEFITS - SEPT 2021 GIBBS JR RETIREE HEALTH BENEFITS - SEPT 2021 GONZALES RETIREE HEALTH BENEFITS - SEPT 2021 HANSON RETIREE HEALTH BENEFITS - SEPT 2021 HARLAN RETIREE HEALTH BENEFITS - SEPT 2021 HAUG RETIREE HEALTH BENEFITS - SEPT 2021 HERNANDEZ RETIREE HEALTH BENEFITS - SEPT 2021 HERNANDEZ RETIREE HEALTH BENEFITS - SEPT 2021 HERNANDEZ RETIREE HEALTH BENEFITS - SEPT 2021 HODGES RETIREE HEALTH BENEFITS - SEPT 2021 IBARRA RETIREE HEALTH BENEFITS - SEPT 2021 JONES RETIREE HEALTH BENEFITS - SEPT 2021 JONES RETIREE HEALTH BENEFITS - SEPT 2021 JUNIEL RETIREE HEALTH BENEFITS - SEPT 2021 KIMBLE RETIREE HEALTH BENEFITS - SEPT 2021 KLOS RETIREE HEALTH BENEFITS - SEPT 2021 LAFRENIERE RETIREE HEALTH BENEFITS - SEPT 2021 LEACH RETIREE HEALTH BENEFITS - SEPT 2021 LIMFUECO RETIREE HEALTH BENEFITS - SEPT 2021 MATIENZO RETIREE HEALTH BENEFITS - SEPT 2021 MCCABE RETIREE HEALTH BENEFITS - SEPT 2021 CHK NO DATE AMOUNT 354487 9/7/21 110.00 354488 9/7/21 70.00 354489 9/7/21 140.00 354490 9/7/21 110.00 354491 9/7/21 260.00 354492 9/7/21 580.00 354493 9/7/21 400.00 354494 9/7/21 290.00 354495 9/7/21 165.00 354496 9/7/21 420.00 354497 9/7/21 280.00 354498 9/7/21 520.00 354499 9/7/21 900.00 354500 9/7/21 250.00 354501 9/7/21 660.00 354502 9/7/21 110.00 354503 9/7/21 680.00 354504 9/7/21 480.00 354505 9/7/21 250.00 354506 9/7/21 280.00 354507 9/7/21 250.00 354508 9/7/21 620.00 354509 9/7/21 460.00 354510 9/7/21 220.00 354511 9/7/21 270.00 354512 9/7/21 540.00 354513 9/7/21 700.00 354514 9/7/21 115.00 354515 9/7/21 120.00 354516 9/7/21 480.00 354517 9/7/21 135.00 354518 9/7/21 500.00 354519 9/7/21 120.00 354520 9/7/21 500.00 354521 9/7/21 600.00 354522 9/7/21 400.00 354523 9/7/21 200.00 354524 9/7/21 780.00 354525 9/7/21 60.00 354526 9/7/21 480.00 354527 9/7/21 50.00 354528 9/7/21 300.00 354529 9/7/21 480.00 354530 9/7/21 660.00 354531 9/7/21 600.00 354532 9/7/21 160.00 354533 9/7/21 100.00 354534 9/7/21 280.00 1/3 115 of 213 CALIFORNIA NATIONAL Clary - tiVCORPORR'PED - - WARRANT REGISTER # 10 9/7/2021 PAYEE DESCRIPTION CHK NO DATE AMOUNT MCDANIEL RETIREE HEALTH BENEFITS - SEPT 2021 354535 9/7/21 290.00 MEDINA RETIREE HEALTH BENEFITS - SEPT 2021 354536 9/7/21 105.00 MEEKS RETIREE HEALTH BENEFITS - SEPT 2021 354537 9/7/21 460.00 MENDOZA RETIREE HEALTH BENEFITS - SEPT 2021 354538 9/7/21 290.00 MINER RETIREE HEALTH BENEFITS - SEPT 2021 354539 9/7/21 580.00 MORRISON RETIREE HEALTH BENEFITS - SEPT 2021 354540 9/7/21 520.00 NAGLE RETIREE HEALTH BENEFITS - SEPT 2021 354541 9/7/21 460.00 NOTEWARE RETIREE HEALTH BENEFITS - SEPT 2021 354542 9/7/21 120.00 OLIVARES RETIREE HEALTH BENEFITS - SEPT 2021 354543 9/7/21 280.00 OLIVERIA RETIREE HEALTH BENEFITS - SEPT 2021 354544 9/7/21 360.00 PAUU JR RETIREE HEALTH BENEFITS - SEPT 2021 354545 9/7/21 340.00 PE RETIREE HEALTH BENEFITS - SEPT 2021 354546 9/7/21 300.00 PEASE JR RETIREE HEALTH BENEFITS - SEPT 2021 354547 9/7/21 140.00 PETERS RETIREE HEALTH BENEFITS - SEPT 2021 354548 9/7/21 290.00 POST RETIREE HEALTH BENEFITS - SEPT 2021 354549 9/7/21 280.00 RAY RETIREE HEALTH BENEFITS - SEPT 2021 354550 9/7/21 190.00 ROARK RETIREE HEALTH BENEFITS - SEPT 2021 354551 9/7/21 135.00 RODRIGUEZ RETIREE HEALTH BENEFITS - SEPT 2021 354552 9/7/21 260.00 RUIZ RETIREE HEALTH BENEFITS - SEPT 2021 354553 9/7/21 310.00 SAINZ RETIREE HEALTH BENEFITS - SEPT 2021 354554 9/7/21 300.00 SANCHEZ RETIREE HEALTH BENEFITS - SEPT 2021 354555 9/7/21 330.00 SERVATIUS RETIREE HEALTH BENEFITS - SEPT 2021 354556 9/7/21 340.00 SHOEMAKER RETIREE HEALTH BENEFITS - SEPT 2021 354557 9/7/21 480.00 SILVA RETIREE HEALTH BENEFITS - SEPT 2021 354558 9/7/21 580.00 SMITH RETIREE HEALTH BENEFITS - SEPT 2021 354559 9/7/21 320.00 SMITH RETIREE HEALTH BENEFITS - SEPT 2021 354560 9/7/21 560.00 STEWART RETIREE HEALTH BENEFITS - SEPT 2021 354561 9/7/21 200.00 TIPTON RETIREE HEALTH BENEFITS - SEPT 2021 354562 9/7/21 250.00 VERRY RETIREE HEALTH BENEFITS - SEPT 2021 354563 9/7/21 280.00 VILLAGOMEZ RETIREE HEALTH BENEFITS - SEPT 2021 354564 9/7/21 480.00 WHITE RETIREE HEALTH BENEFITS - SEPT 2021 354565 9/7/21 230.00 WILKINS RETIREE HEALTH BENEFITS - SEPT 2021 354566 9/7/21 520.00 YBARRA RETIREE HEALTH BENEFITS - SEPT 2021 354567 9/7/21 220.00 RETIREE HEALTH BENEFITS 27,935.00 ACME SAFETY & SUPPLY CORP VEST WITH BLACK BOTTOM 354568 9/7/21 454.58 AETNA BEHAVIORAL HEALTH EMPLOYEE ASSISTANCE PROGRAM - SEPTEMBER 354569 9/7/21 984.50 ALDEMCO FOOD AS NEEDED FOR NUTRITION CENTER FY 354570 9/7/21 2,417.89 ALDEMCO CONSUMABLES AS NEEDED FOR NUTRITION 354571 9/7/21 210.93 ALL FRESH PRODUCTS FOR FOOD AS NEEDED FOR NUTRITION CENTER 354572 9/7/21 717.40 ASSI SECURITY INC PROVIDE SECURITY SERVICES AND REPAIRS 354573 9/7/21 1,235.00 AYDELOTTE HOTEL X2 AYDELOTTE & SEGAL 354574 9/7/21 725.64 BROADWAY AUTO GLASS OFF -SITE WINDOW TINT & REPAIR 354575 9/7/21 241.63 CALIFORNIA ASSOCIATION OF CODE CACEO REGISTRATION SORIANO / NSD 354576 9/7/21 350.00 CALIFORNIA ELECTRIC SUPPLY MOP 45698 ELECTRIC SUPPLIES - PW 354577 9/7/21 155.12 COMMERCIAL AQUATIC SERVICE INC MUNICIPAL POOL SUPPLIES & PARTS 354578 9/7/21 716.70 EXPRESS PIPE AND SUPPLY CITYWIDE PLUMBING PARTS, MATERIALS TOOL 354579 9/7/21 1,071.82 FACTORY MOTOR PARTS MOP 82766 AUTO SUPPLIES - PW 354580 9/7/21 19.11 GRAINGER MOP 65179 GENERAL SUPPLIES - PW 354581 9/7/21 52.29 2/3 116 of 213 CALIFORNIA NATIONAL Clary PAYEE HOME DEPOT CREDIT SERVICES INLAND KENWORTH INC LASER SAVER INC LEFORT'S SMALL ENGINE REPAIR NATIONAL CITY AUTO TRIM PADRE JANITORIAL SUPPLIES PARTS AUTHORITY METRO LLC PENSKE FORD POWERSTRIDE BATTERY CO INC PRO BUILD COMPANY PROCHEM SPECIALTY PRODUCTS INC PROFESSIONAL SEARCH GROUP LLC PRUDENTIAL OVERALL SUPPLY SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SEAPORT MEAT COMPANY SHARP REES STEALY MED GROUP SITEONE LANDSCAPE SUPPLY LLC SMART & FINAL SMART SOURCE OF CALIFORNIA LLC SOLANA CENTER FOR SBCS CORPORATION SOUTH COAST EMERGENCY SOUTHWEST SIGNAL SERVICE STAPLES BUSINESS ADVANTAGE SYSCO SAN DIEGO INC THE STAR NEWS TUBAO U S BANK US BANK VALLEY INDUSTRIAL SPECIALTIES WETMORES WOODRUFF, SPRADLIN & SMART APC WIRED PAYMENTS CITY OF SAN DIEGO SECTION 8 HAPS PAYROLL Pay period Start Date 17 8/10/2021 - 04,coaponaerED - - WARRANT REGISTER # 10 9/7/2021 DESCRIPTION GENERAL SUPPLIES NEEDED FOR PARKS MOTOR -BLOWER DBL SHAFT 1SPD 12 INK FOR EL TOYON REC CENTER BLADE OREGON 96-801 R&M CITY VEHICLES AS NEEDED FY 2022 FOR CONSUMABLES AS NEEDED FOR NUTRITION MOP 75943 AUTO SUPPLIES - PW R&M CITY VEHICLES FY 2022 AUTO BATTERIES TO REPLENISH STOCK MLWKE M18 REDLITH 5AH BTTRY 2PK, MFG/FIRE 5GAL PALL CAR GLO PINK CAR WASH SOAP TEMP SVCS/ FINANCE -AP/ CBAUTISTA NUTRITION CENTER LAUNDRY & CLEANING SERVICES SAN DIEGO GAS & ELECTRIC / NUTRITION SAN DIEGO GAS & ELECTRIC / FACILITIES FOOD / NUTRITION CENTER PRE -EMPLOYMENT PHYSICALS MOP 69277 LANDSCAPE SUPPLIES - PW CDBG TEEN SNACKS FOR CENTER BLDG FORMS - SMART SOURCE - MOP 63845 SB 1383 COMPLIANCE SUPPORT SVCS CARES ACT CDBG-CV AGREEMENT REIMBURSEMENT HOSE ASSY, COMPRESS DISCHARGE INTERSERCTION MAINTENANCE MOP 45704 OFFICE SUPPLIES - PW FOR FOOD AS NEEDED FOR NUTRITION CENTER PUBLIC NOTICE - STAR NEWS T&A REFUND FOR 41 E 8TH STREET US BANK CREDIT CARD SERVICES TDA CONSULTING ONLINE TRAINING MOP 46453 BUILDING SUPPLIES - PW AGM31 BATTERY 1150 GEN MGR MONTHLY INV JULY 2021 CHK NO DATE AMOUNT 354582 9/7/21 397.66 354583 9/7/21 137.26 354584 9/7/21 748.97 354585 9/7/21 828.68 354586 9/7/21 208.13 354587 9/7/21 373.97 354588 9/7/21 5.43 354589 9/7/21 375.00 354590 9/7/21 111.93 354591 9/7/21 4,628.60 354592 9/7/21 154.14 354593 9/7/21 6,387.58 354594 9/7/21 957.18 354595 9/7/21 1,876.02 354596 9/7/21 337.61 354597 9/7/21 1,753.85 354598 9/7/21 998.00 354599 9/7/21 298.96 354600 9/7/21 270.40 354601 9/7/21 881.41 354602 9/7/21 17,725.00 354603 9/7/21 1,613.00 354604 9/7/21 433.01 354605 9/7/21 13,788.83 354606 9/7/21 640.16 354607 9/7/21 1,960.16 354608 9/7/21 269.06 354609 9/7/21 413.44 354610 9/7/21 1,596.42 354611 9/7/21 309.99 354612 9/7/21 787.53 354613 9/7/21 1,082.89 354614 9/7/21 2,750.00 A/P Total 102,387.88 SEWER TRANSPORTATION — TREATMENT FEES FY 2022 949611 9/1/21 1,513,863.00 Start Date 9/1/2021 End Date 8/23/2021 End Date 9/7/2021 Check Date 9/1/2021 1,007,304.00 1,192,813.21 GRAND TOTAL $ 3,816,368.09 3/3 117 of 213 The following page(s) contain the backup material for Agenda Item: Warrant Register #11 for the period of 9/08/21 through 9/14/21 in the amount of $462,311.81. (Finance) Please scroll down to view the backup material. 118 of 213 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 19, 2021 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #11 for the period of 9/08/21 through 9/14/21 in the amount of $462,311.81. (Finance) PREPARED BY: Karla Apalategui, Senior Accounting Assistant DEPARTMENT: Finance PHONE: 619-336-4572 EXPLANATION: APPROVED BY: Per Government Section Code 37208, below are the payments issued for period 9/01/21 - 9/07/21. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Health Net 354623 82,902.96 Grp#R1192A — Sept 2021 Health Net Ins Kaiser Foundation 354627 191,461.48 Grp#104220-0002 / Aug 2021 Kaiser Ins FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $462,311.81 . 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 $462,311.81 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 11 119 of 213 r- CALIFORNIA -K+ PAYEE CAPF CALIFORNIA LAW ENFORCEMENT DELTA DENTAL DELTA DENTAL DELTA DENTAL INSURANCE CO DELTA DENTAL INSURANCE CO HEALTH NET HEALTH NET HEALTH NET INC HEALTH NET INC HEALTH NET INC HEALTH NET INC KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS RELIANCE STANDARD RELIANCE STANDARD SASI 2-1-1 SAN DIEGO A/G COLLISION CENTER ALDEMCO ALL FRESH PRODUCTS BAUER COMPRESSORS BOCKS AWARDS INCORPORATED CALIFA GROUP CALIFORNIA ASSOCIATION OF CODE CELLEBRITE INC CRAWFORD CROSSEN-FOWLER CRUZ DEAN GAZZO ROISTACHER LLP DEAN GAZZO ROISTACHER LLP DEAN GAZZO ROISTACHER LLP DEAN GAZZO ROISTACHER LLP DELL MARKETING L P ENTERPRISE FLEET MANAGEMENT FEDEX GARRETT GOVERNMENT FINANCE JONES L C ACTION LASER SAVER INC MAYO SALAS MOSTOFIAN NAPA AUTO PARTS NATIONAL CREDIT REPORTING ATi0N L airy ,O, D TNOOl,pOR onATE0 WARRANT REGISTER # 11 9/14/2021 DESCRIPTION SEPTEMBER 2021 - FIRE LTD SEPTEMBER 2021 - PD LTD GRP#05-0908600000/SEPTEMBER 2021 DENTAL GRP#05-0908601002/SEPTEMBER 2021 COBRA GRP#05-7029600000 - SEPTEMBER 2021 PMI GRP#05-7029600002 - SEPTEMBER 2021 COBRA GRP#N7176F - SEPTEMBER 2021 HEALTH NET INS GRP#R1192R - SEPTEMBER 2021 HEALTH NET INS GRP#R1192A - SEPTEMBER 2021 HEALTH NET INS GRP#57135A - SEPTEMBER 2021 HEALTH NET INS GRP#LB439A - SEPTEMBER 2021 HEALTH NET INS GRP#LB439F - SEPTEMBER 2021 HEALTH NET INS GRP#104220-0002 / AUGUST 2021 KAISER INS GRP#104220-01,06,07 - AUGUST 2021 GRP#104220-0005 / AUGUST 2021 KAISER HD GRP#104220-03, 09 / AUGUST 2021 KAISER GRP#104220-7002 / AUGUST 2021 KAISER RET GRP#VAI826233 - JULY 2021 / VC1801146 GRP#VAI826233 / AUGUST 2021 / VCI801146 REF#119193 / INSURANCE CITIES UNRESTRICTED CONTRIBUTION CITATION REFUNDS - AUGUST 2021 FOOD / NUTRITION CENTER FOOD / NUTRITION CENTER 96-347-1SSMSAQC STATION ADAPTER/FIRE MEDAL OF VALOR & COURAGE AND COURAGE CALIFA INVOICE Q4 FY21 CACEO WEBINAR - NSD FY 22 RENEWAL REIMB / INSURANCE OVERPAYMENT REIMB / INSURANCE OVERPAYMENT TIUTION REIMBURSEMENT LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST DELL P2419H MONITORS ENTERRPISE FLEET LEASE - ENG/PW POSTAGE / FIRE, BOGLE CITATION REFUNDS - AUGUST 2021 GFOA BUDGET AWARD APPLICATION FY2022 REIMB / INSURANCE OVERPAYMENT PEPPERBALL SUPPLIES MOP 04840 PD TONER CITATION REFUNDS - AUGUST 2021 LIABILITY CLAIM COST MOP 45735. SUPPLIES FOR PARKS MARCH-2021 FEE FOR CRIMINAL REPORT CHK NO 354615 354616 354617 354618 354619 354620 354621 354622 354623 354624 354625 354626 354627 354628 354629 354630 354631 354632 354633 354634 354635 354636 354637 354638 354639 354640 354641 354642 354643 354644 354645 354646 354647 354648 354649 354650 354651 354652 354653 354654 354655 354656 354657 354658 354659 354660 354661 354662 DATE 9/14/21 9/14/21 9/14/21 9/14/21 9/14/21 9/14/21 9/14/21 9/14/21 9/14/21 9/14/21 9/14/21 9/14/21 9/14/21 9/14/21 9/14/21 9/14/21 9/14/21 9/14/21 9/14/21 9/14/21 9/14/21 9/14/21 9/14/21 9/14/21 9/14/21 9/14/21 9/14/21 9/14/21 9/14/21 9/14/21 9/14/21 9/14/21 9/14/21 9/14/21 9/14/21 9/14/21 9/14/21 9/14/21 9/14/21 9/14/21 9/14/21 9/14/21 9/14/21 9/14/21 9/14/21 9/14/21 9/14/21 9/14/21 AMOUNT 1,150.50 2,107.00 15,096.30 134.71 2,509.98 100.32 1,598.46 832.36 82,902.96 5,008.61 2,469.88 714.18 191,461.48 18,310.34 10,875.64 6,433.84 2,489.36 8,152.38 3,916.58 42.60 11,716.40 130.00 2,351.43 731.34 161.38 959.62 9,999.22 37.50 4,676.25 158.76 158.76 1,947.00 7,349.45 1,600.00 817.00 200.00 5,091.41 15,595.10 34.06 30.00 575.00 70.00 2,116.83 527.16 10.00 965.00 204.58 581.35 1/2 120 of 213 r- CALIFORNIA -K+ OFFICE SOLUTIONS BUSINESS OPTUM P V HOLDING CORP PRO BUILD COMPANY PRUDENTIAL OVERALL SUPPLY REGISTRAR OF VOTERS RMG COMMUNICATIONS ROMERO ALVAREZ SAFARILAND, LLC SAN DIEGO PET SUPPLY SMART SOURCE OF CALIFORNIA LLC STAPLES BUSINESS ADVANTAGE SYSCO SAN DIEGO INC TARGET TERRY U S BANK WILLY'S ELECTRONIC SUPPLY WSP USA INC WSP USA INC YBARRA NATIONA.L C 1! 1u tNOoi,ponxrEo • WARRANT REGISTER # 11 9/14/2021 MOP #83778 / FIRE, OFFICE SUPPLIES MONTHLY WAIVER SVC FEES FOR APRIL - JUNE CITATION REFUNDS - AUGUST 2021 MOP 20462 PD SUPPLIES BLACK BIB APRON GROCER STYLE PETITION SIGNATURE VERIFICATION RMG COMMUNICATIONS CERTIFICATION PROGRAM - REIMBURSEMENT PE SUPPLIES / PD MOP 02975 PD K9 SUPPLIES NOTICE OF CORRECTION MOP 20468 PD SUPPLIES FOOD / NUTRITION CENTER GUN BUY BACK PROGRAM / PD REFUND -FIRE SAFETY RE -INSPECTION PERMIT MOP 19657 CC PD MOP 00351 PD SUPPLIES WSP USA NTP FOR THE NATIONAL CITY FOCUSED GENERAL PLAN UPDATE REIMB / INSURANCE OVERPAYMENT GRAND TOTAL 354663 9/14/21 8.67 354664 9/14/21 107.25 354665 9/14/21 70.00 354666 9/14/21 64.49 354667 9/14/21 284.60 354668 9/14/21 4,709.00 354669 9/14/21 742.50 354670 9/14/21 372.00 354671 9/14/21 1,870.97 354672 9/14/21 1,741.22 354673 9/14/21 883.49 354674 9/14/21 1,350.17 354675 9/14/21 2,094.71 354676 9/14/21 3,000.00 354677 9/14/21 275.00 354678 9/14/21 8,389.36 354679 9/14/21 68.95 354680 9/14/21 8,740.61 354681 9/14/21 2,277.98 354682 9/14/21 158.76 A/P Total 462,311.81 $ 462,311.81 2/2 121 of 213 The following page(s) contain the backup material for Agenda Item: Public Hearing and the Introduction of an Ordinance of the City Council of the City of National City establishing community choice aggregation in the city of National City. (Engineering/Public Works) Please scroll down to view the backup material. 122 of 213 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 19, 2021 AGENDA ITEM NO. ITEM TITLE: Public Hearing and the Introduction of an Ordinance of the City Council of the City of National City establishing community choice aggregation in the city of National City. Roberto Yano, Director of Public Works / PREPARED BY: City Engineer PHONE: 19-336-4383 EXPLANATION See attached. DEPARTMENT: Engineeri APPROVED BY: Public Wor FINANCIAL STATEMENT: ACCOUNT NO. N/A APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This action is not subject to review under the California Environmental Quality Act (CEQA). ORDINANCE INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Introduce Ordinance of the City Council of the City of National City establishing community choice aggregation. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS: I. Explanation 2. Ordinance (First Reading) 123 of 213 Explanation: In 2019, staff presented a preliminary report on the feasibility of possible Community Choice Aggregation (CCA) models and associated pros and cons with each one. Council gave staff direction to continue to monitor the development ofthe County's CCA and return with an update. On September 21, 2021 Council received a preliminary update to the City's Climate Action Plan (CAP). It outlined the strategies included to achieve the specific state required environmental targets of 40% below 1990 levels by 2030 and 80% below 1990 levels by 2050. Central to the updated CAP recommendations is joining a CCA. On that same night, Council gave direction to return to Council with a CCA ordinance and a Joint Powers Authority (JPA) Agreement with San Diego Community Power (SDCP). The desire to launch CCA service in 2023 has been expressed. Staff has been actively investigating the feasibility of commencing CCA service for electric customers within the city of National City with the objective of making greater renewable electric portfolio content available to customers, providing greater local involvement over the provision of electric commodity services, and promoting competitive commodity rates. Assembly Bill 117 (tat. 2002, ch. 838; see California Public Utilities Code section 366.2; the "Act"), added statutes to the Public Utilities Code authorizing local governmental bodies to individually or .jointly provide retail electric commodity service to an aggregation of customs within their jurisdictions, a service referred to as CCA. Pursuant to Sections 331.1(b) and 366.2 ofthe Act, two or more entities authorized to be a community choice aggregator may participate jointly in a CCA program through a Joint Powers Authority established. pursuant to chapter (commencing with Section 6500) of Division 7 of Title 1 of the Government Code; if each entity adopt the ordinance required by Public Utilities Section 366.2; and The City wishes to implement a CCA program at this time. Under Public Utilities Code section 366.2. customers have the right to opt out of the CCA program and continue to receive electric commodity service from the incumbent utility. A JPA Agreement will be necessary to join SDCP. The JPA agreement with SDCP will be brought to Council for approval following the adoption of the ordinance. in February 2018, the California Public Utilities Commission issued Resolution E-4907 establishing a registration process and timeline for new and expanding CCAs. E-4907 requires a one-year period between submittal of a CCA Implementation Plan, which must occur on or before January 1st of a given year, and program launch/customer enrollment. Thus, in order for SDCP to begin serving National City's customers in. 2023, the City must adopt the required CCA ordinance by the end of October 2021. The proposed ordinance could result in local benefits including the use of renewable energy at levels above the State lenewables Portfolio Standard, the provision of competitive rates to consumers, and economic opportunity in the form of energy projects. 124 of 213 ORDINANCE NO. ORDINANCE OF THE CITY OF NATIONAL CITY ESTA.BLISHIG COMMUNITY CHOICE AGGREGATION IN TI-HE. CFI I OF NATIONAL CITY WHEREAS, Assembly Bill I 1 (Stat. 2002, ch. 838; see California Public Utilities Code section 3 . ; the "Act"), added statutes to the Public Utilities Code authorizing local governmental bodies to individually or Jointly provide retail electric commodity service to an aggregation of customers within their jurisdictions. a service referred to as Community Choice. Aggregation (CCA); and HEF EAS, the City of"National City (City) adopted a Climate Action Plan in 2011, and is in the process of updating it to align with the state mandates of 40% below 1990 levels by 2030 and 80% below 1990 levels by 050; and WHEREAS, since October 2019,, the City has been actively investigating the feasibility of commencing CCA service for electric customers within the City, with the objective: of making greater renewable electric portfolio content available to customers, providing greater local involvement over the provision of electric commodity services, and promoting competitive commodity rates: and WHEREAS, the City completed a CCA investigation which determined that a CCA program could result in local benefits including the use of renewable energy at levels above the State Renewables Portfolio Standard, the provision of competitive rates to consumers, and economic opportunity for the City; and WHEREAS. pursuant to Sections 331.1(b) and 366.2 of the Act, two or more entities authorized to be a community choice aggregator may participate jointly in a CCA program through a Joint Powers Authority established pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code, if each entity adopts the ordinance required by Public Utilities Section 3.; and WHEREAS, the City wishes to implement a CCA program at this time through Joint Powers Authority (JPA) with San Diego Community Power (SDCP); and WHEREAS, the JPA agreement with SDCP will be brought to Council for approval following the adoption of the ordinance; and WHEREAS, under Public Utilities Code Section 366.2, customers have the right to opt out of the CCA program and continue to receive bundled electric commodity service from the incumbent utility; and WHEREAS, Public Utilities Code Section 366.2(0(12) provides that an entity which elects to implement a CCA program within its jurisdiction must do so by ordinance; and 125 of 213 Ordinance No. Page No. WHERE, this ordinance is exempt from the requirements of the California Environmental Quality Act(CEQA) pursuant to the State CEQA Guidelines, as it is not a "project" and has rio potential to result in a direct or reasonably foreseeable indirect physical change to the environment. (14 Cal. Code Regs. § 15378(a).) Further, the ordinance is exempt from CEQA as there is no possibility that the ordinance or its implementation would have a significant negative effect on the environment. (14 Cal. Code Regs.§ 15061(b)(3).) NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City, California, does ordain as follows: SECTION 1. The foregoing recitals are true and correct. SECTION 2. Based upon the findings and declarations set forth in this ordinance, and to provide businesses and residents within the jurisdictional boundaries of the City with a choice of electric commodity providers and with the benefits described in the recitals above, the City Council hereby elects pursuant to Public Utilities Code Section 6.2c(1 to implement a CCA program within the jurisdiction of the National City by participating in the CCA program. SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council of the City of National City hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. SECTIO\ 4. No Mandatory Duty of Care. This Ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City., or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed b,, law. SECTION 5. Conflict. Alt ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 6. Effective Date, This ordinance shall be published pursuant to law and shall become effective thirty (30) days from the date of passage and adoption, Within fifteen(15) days following its adoption, the City Clerk shall publish the title thereof, as a summary as required by State Law. INTRODUCED by the City Council on , 2021. 126 of 213 PASSED AND ADOPTED by the City Council o the City. of National City, State of California, on , 2021 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Alejandra Sotelo-Solis, Mayor Attest: Luz Molina, City Clerk Approved as to Form: Charles E. Bell, Jr. City Attorney 127 of 213 The following page(s) contain the backup material for Agenda Item: Public Hearing and Introduction of an Ordinance of the City Council of the City of National City amending Sections 18.20.020, 18.21.040, 18.21.050, 18.45, and 18.50, and addition of Sections 18.30.380 and 18.30.390 of Title 18 (Zoning) of the National City Municipal Code. (Applicant City -Initiated) (Case File 2021-18 A) (Planning) Please scroll down to view the backup material. 128 of 213 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 19, 2021 AGENDA ITEM NO. ITEM TITLE: Public Hearing and Introduction of an Ordinance of the City Council of the City of National City amending Sections 18.20.020, 18.21.040, 18.21.050, 18.45, and 18.50, and addition of Sections 18.30.380 and 18.30.390 of Title 18 (Zoning) of the National City Municipal Code. (Applicant City -Initiated) (Case File 2021- 18 A) PREPARED BY: David Welch PHONE: 619-336-4224 DEPARTMENT: Community Development APPROVED BY: EXPLANATION: Accessory Dwelling Units (ADUs) are becoming more popular as a way to provide affordable rental opportunities in a time of rapidly increasing housing costs. Construction of ADUs also provide for a range of housing types and the opportunity for property owners to add income. While the City's Municipal Code does allow for second units, the Code is currently out of compliance with recent changes in state law related to ADUs. Staff has developed a new Ordinance to regulate the construction of ADUs and JADU's (Junior Accessory Dwelling Units and to provide consistency with state requirements. Both the Housing Advisory Committee and the Planning Commission provided comments on the proposed amendments and recommended approval of the changes as contained in Attachment No. 3 herein. The City Council held a public hearing on the proposed ordinance on September 7, 2021, and continued it to a later date. The attached background report describes the project in detail. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: This action does not constitute a project under California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(2). ORDINANCE: INTRODUCTION: X FINAL ADOPTION: STAFF RECOMMENDATION: Staff concurs with the Planning Commission's recommendation and recommends that the amendments and additions to Title 18 be introduced. BOARD / COMMISSION RECOMMENDATION: The Planning Commission recommended approval of the Land Use Code amendments. Ayes: Dela Paz, Roman, Sendt, Valenzuela, Yamane Absent: Natividad, Sanchez, ATTACHMENTS: 1. Background report 2. Findings 3. Proposed Code changes 4. Public Hearing Notice 5. Planning Commission Resolution 2021-07 6. Draft PowerPoint presentation 7. Ordinance 129 of 213 BACKGROUND REPORT Staff Recommendation Staff recommends that the City Council recommend approval of the amendments to sections 18.20.020, 18.21.040, 18.21.050, 18.45, and 18.50, and addition of sections 18.30.380 and 18.30.390 of the Land Use Code (LUC). The Planning Commission held a public hearing on the proposed amendments and recommended approval of the changes as contained in the attached proposed Code changes. Overview California's housing production is not keeping pace with demand. In the last decade, less than half of the homes needed to keep up with the population growth were built. This lack of housing that meets the community's needs is impacting affordability and causing average housing costs, particularly for renters in California, to rise significantly. As affordable housing becomes Tess accessible, people drive longer distances between housing they can afford and their workplace or pack themselves into smaller shared spaces, both of which reduce quality of life and produce negative environmental impacts. Beyond traditional construction, widening the range of housing types can increase the housing supply and help more low-income Californians thrive. An ADU (Accessory Dwelling Unit) is a complete independent living facility for one or more persons and has a few variations: • Detached: The unit is separated from the primary structure. • Attached: The unit is attached to the primary structure. • Converted Existing Space: Space (e.g., master bedroom, attached garage, storage area, or similar use, or an accessory structure) on the lot of the primary residence that is converted into an independent living unit. • Junior Accessory Dwelling Unit (JADU): A specific type of conversion of existing space that is contained entirely within an existing or proposed single-family residence. In addition to expanding housing options for National City Residents, a robust ADU Ordinance will help the City to meet its RHNA (Regional Housing Needs Assessment) allocation (5,437). The Ordinance will also be consistent with the goals and policies of the City's Housing Element, which is currently being updated, including creating additional consistency with state ADU regulations. ATTACHMENT 1 130 of 213 Section 18.21.050 of the LUC regulates second units, which are also referred to as Accessory Dwelling Units (ADUs). This section of the LUC is null and void after recent updates to the State of California Government Code (GOV) relating to ADUs and Junior Accessory Dwelling Units (JADUs) became effective on January 1, 2021. ADUs and JADUs in the City of National City are regulated by the requirements in GOV Sections 65852.2 and 65852.22 unless the City adopts an ordinance that complies with each section. Sections 18.30.380 and 18.30.390, as well as related changes within Title 18, are proposed for the regulation of ADUs and JADUs. These ordinance changes are intended to clarify the regulations that permit ADUs and JADUs as well as promote the compatibility of these housing types within existing neighborhoods. It should also be noted that Planning Division staff is concurrently working on a draft ordinance related to Mobile Tiny Homes per direction of the City Council. While not part of the current effort related to ADUs and JADUs, the Council may still provide comments if appropriate. Housing Advisory Committee On July 19, 2021, an update on the draft code amendments and additions related to ADUs and JADUs was presented to the Housing Advisory Committee. Staff received several comments related to the proposed language and made some modifications. The following comments were received and addressed: • A one-story requirement for ADUs would be overly restrictive for smaller lots. An example is a 3,000 square foot lot only having enough area to construct a 300 square foot ADU. o Staff added language to allow two-story ADUs for lots smaller than 5,000 square feet. In addition, proposed language was added to Table 18.21.040 of the LUC to address conflicts with ADU square footage and the standards for accessory structures. • Is there any enforcement of rental duration to keep ADUs from becoming short- term rentals? o Staff added language requiring recorded restrictions for all ADUs. The restrictions must state that the ADU may not be rented for a period of less than 31 days. • The City should review the minimizing setbacks (overly restrictive) including the 20 foot front setback for ADUs. o Staff revised the required front setback to a 15 foot minimum instead of 20 feet. This is consistent with the current front setbacks for medium density residential zones. 2 131 of 213 • Can the landscaping requirement allow for a tree in the back or elsewhere? o Staff revised the location requirement to allow for a tree in the abutting parkway and the required 15 foot front yard setback for ADUs. This provides more flexibility in mixed -use zones, which do not have a front setback area. Planning Commission held a public hearing on August 16, 2021 and recommended approval to the City Council of the amendments. City Council On September 7, 2021, a public hearing was held for the introduction of the proposed code amendments and additions to Title 18 (Zoning) of the National City Municipal Code. At this hearing the City Council continued the hearing to a later date and requested additional information from staff including the following: • Recommendations for promoting the affordability of ADUs and JADUs created under the new ordinance • Information on fees related to the construction of ADUs and JADUs and the use of fee waivers by other jurisdictions • An explanation on how ADUs can be used to meet the City's RHNA allocation • Clarification on which sections of the proposed code amendments and additions are changes from the regulation mandated by state law Staff will incorporate the requested information into the presentation of this item at the public hearing. In addition, clarifications on state law and the proposed changes can be found in the following section. Proposed Changes and State Mandates With the most recent updates to the State of California Government Code relating to ADUs and JADUs, the City has limitations on how it can regulate these types of uses. Within the state law, cities are able to impose standards on ADUs that include, but are not limited to, parking, height, setbacks, landscaping, architectural review, maximum unit size, and standard intended to prevent adverse impacts to historical resources. Cities are also allowed to establish requirements for ADUs that are less restrictive than what is required by the state. This section will address areas where the City has proposed changes that deviate from the current regulation of ADUs and JADUs under state law. Changes to Title 18 that are not highlighted in this section are either mandated by the state to be included in an ADU ordinance or are intended to clean up existing code sections for compatibility. 3 132 of 213 The overall changes that are proposed include deleting Section 18.21.050 of the LUC, which is preempted by GOV Sections 65852.2 and 65852.22, deleting other sections of Title 18 with references to second units, new ordinances under Sections 18.30.380 related to ADUs and 18.30.390 related to JADUs, and other changes to Title 18 that are related to these new sections. These ordinance changes are intended to clarify the regulations that permit ADUs and JADUs as well as promote the compatibility of these housing types within existing neighborhoods. The following are the proposed changes that deviate from the regulations mandated by state law as well as some clarifications on what regulations are permitted. • The maximum size of a detached ADU on a single-family property has been reduced from 1,200 to 1,000 square feet. Cities may not impose a maximum size that is smaller than 1,000 square feet for an ADU with two or more bedrooms. • The maximum size of a detached ADU may be increased to 1,200 square feet if the ADU is constructed behind the front setback of the primary dwelling unit and parking is provided for both units. • The maximum size of a detached multi -family residential ADU has been reduced from 1,200 to 1,000 square feet. • No parking requirement for ADUs is proposed other than for the bonus square footage described above. State law would only allow the city to require parking on a small number of lots in the city due to the existence of transit lines in most areas. • ADUs constructed over garages or on a lot smaller than 5,000 square feet are permitted to have a maximum height of twenty-five feet instead of the height of the primary structure. No other changes to height regulations for ADUs are proposed. • A minimum front setback of fifteen feet and minimum side and rear setbacks of four feet for all ADUs is required. ADUs are permitted in Mixed -Use zones, which currently have no setbacks in the City's code unless they abut a residential zone. The side and rear setbacks are mandated by the state. • A landscape requirement of one tree in the required 15 foot setback for ADUs or abutting parkway is added. There are no landscape requirements mandated by the state. • ADUs are required to conform to the adopted single-family infill standards in Section 18.42.070.0 of the LUC. Building design standards are not mandated by the state. Subjective requirements are not allowed. • An ADU constructed within the footprint of an existing home will not have a maximum size. This clarifies staff's interpretation of state law. 4 133 of 213 • Both ADUs and JADUs shall have restrictions, recorded with the County, that the units may not be sold separately or rented for periods of less than 31 days. This clarifies that all ADUs require a recorded restriction. • JADUs are permitted on lots with an existing single-family dwelling and zoned to allow for residential use. This change will clarify that JADUs are permitted in Mixed -Use zones. • Replacement parking can be required when a JADU is created within an existing attached garage. This is an optional parking requirement permitted by the state. A strikethrough/underline version of the changes are attached to this staff report. Findings There are two findings required for approval of a Code Amendment, one related to General Plan consistency and one related to compliance with the California Environmental Quality Act (CEQA). General Plan Conformance The requested amendments to this section are consistent with the General Plan. The adopted 2013-2021 Housing Element provides both for enhanced quality of existing residential neighborhoods and a range of new housing types. Two goals apply in this case: Goal H-1: Maintain and enhance the quality of existing residential neighborhoods. Goal H-4: Provide a sufficient number of housing units and range of housing types to meet the current and projected needs of all economic segments of the community. In addition, the draft Housing Element for the 2021-2029 cycle is required by GOV Section 65852.2 to promote the development of ADUs to meet housing needs. Draft Policy 1.4 is to "promote the development of accessory dwelling units (ADUs) throughout National City to meet residential housing needs." CEQA Compliance This amendment is not considered to be a project under CEQA as any permits issued in relation to ADUs and JADUs would be ministerial and thus not subject to CEQA. Summary and next steps The proposed amendments are required both to rectify existing inconsistencies between the Municipal Code and state law, and to bring the City's Land Use Code into compliance with state law in general. Both the Housing Advisory Committee and the 5 134 of 213 Planning Commission recommended approval to the City Council of the changes to the City's Municipal Code related to ADUs and JADUs. Staff is also recommending approval of the changes. OPTIONS 1. Introduce the Ordinance approving the amendments to Sections 18.20.020, 18.21.040, 18.21.050, 18.45, and 18.50, and addition of Sections 18.30.380 and 18.30.390 of the Land Use Code based on the attached findings or findings to be determined by the City Council; or 2. Continue the item to a specific date for additional information. 3. File the report (deny the amendments) 6 135 of 213 RECOMMENDED FINDINGS FOR APPROVAL 1 That the proposed amendments to Sections 18.20.020, 18.21.040, 18.21.050, 18.45, and 18.50, and addition of Sections 18.30.380 and 18.30.390 are consistent with the General Plan, as Goal H-1 encourages the maintenance and enhancement of the quality of existing residential neighborhoods and Goal H-4 encourages the provision of a sufficient number of housing units and range of housing types to meet the current and projected needs of all economic segments of the community. 2. That the proposed amendments have been reviewed and been found to comply with the California Environmental Quality Act (CEQA); the amendments are not considered to be a project under CEQA. Any permits issued in relation to Accessory Dwelling Units (ADUs) or Junior Accessory Dwelling Units (JADUs) would be ministerial and thus not subject to CEQA. ATTACHMENT 2 7 136 of 213 Deletions shown as Strikethrough Additions shown as Underline Table 18.20.020 — Allowed Uses Residential Zones. Zone Classification Symbol Zone Classification General Plan Land Use Designation Residential RS-11 Large Lot Residential Low Medium Density Residential RS-21 Small Lot Residential Low Medium Density Residential RS-31 Medium -Low Density Multi -Unit Residential Medium Density Residential RS-41 Residential Single -Family Specific Plan (Westside) RM-11 Medium Density Multi -Unit Residential Medium Density Residential RM-21 High Density Multi -Unit Residential High Density Residential RM-31 Very High Density Multi -Unit Residential High Density Residential Commercial CA Commercial Automotive Commercial Automotive CL Limited Commercial Specific Plan (Westside) CS Service Commercial Service Commercial Mixed -Use MCR-1I Mixed Commercial -Residential Specific Plan (Westside) ATTACHMENT 3 8 137 of 213 Zone Classification Symbol Zone Classification General Plan Land Use Designation MCR-2, Mixed Commercial -Residential (Smart Growth Area) Specific Plan (Westside) MXC-11 Minor Mixed Use Corridor Minor Mixed Use MXC-21 Major Mixed Use Corridor Major Mixed Use MXD-11 Minor Mixed Use District Minor Mixed Use MXD-21 Major Mixed Use District Major Mixed Use Industrial IL Light Industrial Industrial IM Medium Industrial Industrial IH Heavy Industrial Industrial Institutional I Institutional Institutional Open Space OS Open Space Open Space ()SR Open Space Reserve Military M Military Military San Diego Unified Port District UPD Port Master Plan San Diego Unified Port District Specific Plan 9 138 of 213 Zone Classification Symbol Zone Classification General Plan Land Use Designation SP! Specific Plan Specific Plan JADUs and JADUs permitted subject to Sections 18.30.380 and 18.30.390 Table 18.21.040 — Development Standards Residential Zones Development Requirement By Zoning District RS-1 RS-2 RS-3 RS-4 RM-1 RM-2 RM-3 Minimum setbacks, Primary structure Front 20' 20' 15' 10'/ 15(a) 15' 10' 10' Side —Interior 5' 5' 5' 3/0(b) 5' 5' 5' Side —Exterior 10' 10' 5' 10'(a) 5' 5' 10' Rear 25' 25' 10' 15' 5' 5' 5' Minimum setbacks, Accessory structure Front 20' 20' 15' 10/ 15'(c) 15' 10' 10' Side —Interior 5' 5' 5' 3' 5' 5' 5' Side —Corner 5' 5' 5' 10' 5' 5' 5' 10 139 of 213 Development Requirement By Zoning District RS-1 RS-2 RS-3 RS-4 RM-1 RM-2 RM-3 Rear 5' 5' 5' 3' 5' 5' 5' Detached building separation 5' 5' 5' 6' 5' 5' 5' Number of detached buildings 3 per full 5,000 ft 2 of lot area 3 per full 5,000 ft2of lot area 3 per full 5,000 ft2of lot area 3 Minimum lot area 10,000 SF 5,000 SF 5,000 SF 2,500 SF 5,000 SF 5,000 SF 5,000 SF Minimum street frontage (Standard) 60' 50' 50' 25' 50' 50' 50' Minimum street frontage (lots on the bulb of a cul-de- sac) 36' 36' 36' 15' 36' 36' 36' Maximum density One du per lot One du per lot One du per 2,900 SF of lot area One du for each 2,500 SF of lot area One du per 1,900 SF of lot area One du per 900 SF of lot area One du per 580 SF of lot area Minimum usable open space N/A N/A N/A N/A See Section 18.41.040 11 140 of 213 Development Requirement By Zoning District RS-1 RS-2 RS-3 RS-4 RM-1 RM-2 RM-3 Maximum lot coverage 75% 75% 75% N/A 75% 75% 75% Maximum height, primary structure 35' 35' 35' 35' 45' 65' 95' Maximum stories, primary structure 2 2 3 3 4 6 9 Maximum height, accessory structure 35' 35' 35' 35' 45' 65' 95' Shall not exceed the number of stories or height of the primary structure. Shall not exceed the allowed maximum height of accessory structures in adjacent zone within 100-feet of the adjacent zone. Maximum area (total), accessory structures— Excluding up to 400 SF of covered parking and area dedicated to an ADU 10% of lot size (d) 10% of lot size (d) 10% of lot size (d) None None None None Notes: (a) Stoops and porches may extend into the front yard up to the front property line or in the case of a corner parcel, to the side property line. Garages shall maintain a fifteen -foot front yard setback. (b) A zero foot minimum side yard, for one side yard on the parcel, is permitted provided that there is a six-foot separation to the adjacent residential structure and that there is a minimum three-foot side yard setback on the opposite side. (c) Except for stoops and porches, accessory structures shall not be located in the front yard setback. Porches or stoops should be at least six feet deep. (d) No single accessory structure shall have a footprint greater than that of half of the primary structure excluding area dedicated to an ADU. 12 141 of 213 18.21.050 - Second units. accessory dwelling unity in the residential zones. Accessory dwelling unity help advance the city's growth and planning policies by: 1. Accommodating new housing units while preserving the character of existing neighborhoods; 2. Allowing efficient use of the city's existing housing stock and infrastructure; 3. Providing housing options and choices that respond to varying income levels, changing household sizes and lifestyle needs• and , , singles and younger couples, and cmpty ncstc c +„ remain i„ +heir homes and assistance. B. Development Standards. constructed in conjunction with a single-family residence 2. Shall not be allowed where the city manager or his/her designee determines that roadways, public utilities or services are inadequate; 3. Shall not be allowed on Tots that exceed the allowed number of dwelling units; 4. The development standards for accessory structures shall apply to second units, except that the setback requirements for primary structures shall apply and the in no case shall exceed one thousand two hundred square feet. C. Architectural Compatibility. A second dwelling unit shall incorporate the same or substantially similar architectural features with respect to roof pitch, compatible building materials, colors, and design details of the primary dwelling unit. D. Parking. One off street parking space, in addition to that which is rcquircd by this code for 18.30.380 - Accessory Dwelling Units. A. Purpose. The purpose of this section is to provide for the construction of Accessory Dwelling Units (ADUs) in areas zoned to allow residential uses pursuant to Government 13 142 of 213 Code Section 65852.2. ADUs help advance the goals and policies of the City's Housing Element by: 1. Providing an affordable type of home to construct without the cost of acquiring new land, dedicated parking, and costly infrastructure; 2. Accommodating new housing units while preserving the character of existing neighborhoods; 3. Allowing efficient use of the city's existing housing stock and infrastructure; 4. Providing housing options and choices that respond to varying income levels, changing household sizes and lifestyle needs; and, 5. Providing a means for residents —particularly seniors, single parents, young singles, and younger couples —to remain in their homes and neighborhoods, and obtain and preserve income, security, companionship, and assistance. B. Consistency with state law. This section is intended to be consistent with Government Code Section 65852.2. If inconsistency is found with this section and state law, state law shall prevail. C. Definitions. For the purposes of this section Accessory Dwelling Unit (ADU) is defined in Section 18.50.010. D. ADUs permitted. 1. One ADU is permitted on a lot if all the following are met: a.The lot includes a proposed or existing dwelling. b.The lot is in a zone that allows for a residential use as indicated in Table 18.20.020. c.The proposed ADU is located where the city manager or his/her designee has not determined that public utilities or services are inadequate or the ADU will adversely impact traffic flow or public safety. d.The ADU meets the standards of subsection F. 2. Two detached ADUs are permitted on a lot with a multi -family residential use if all the following are met: a.The lot includes an existing multi -family residential dwelling. b.Each ADU does not exceed a total floor area of 1,000 square feet and 16 feet in height. 3. Multiple ADUs are permitted within the portions of existing multi -family residential structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. 14 143 of 213 a.At least one ADU is permitted within an existing multi -family residential structures and up to 25 percent of the existing number of multi -family dwelling units is allowed. E. Review. The approval of an ADU is subject to a ministerial decision process outlined in Section 18.12.030. For the purposes of this subsection, a staff person designated by the city manager shall review and act on a building permit application for an ADU within 60 days after a complete application is received. An ADU proposed with a permit application for a new primary dwelling shall not be approved until the primary dwelling receives approval. An applicant may request a variance subject to Section 18.12.120 in conjunction with an application for an ADU. F. ADU Development Standards. 1. Density. ADUs are consistent with the allowable density for the lot upon which the ADU is located and the ADU is a residential use that is consistent with existing General Plan and zoning designations for the lot. 2. Location. An ADU may be either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing dwelling. An ADU may be attached to, located within, or detached from an existing or proposed primary dwelling unit, including garages and habitable or non -habitable accessory structures. 3. Parking. No additional parking is required for an ADU. If an ADU is constructed within existing garage or covered parking, then no replacement parking spaces may be required. 4. Height. The maximum height of an ADU is as follows: a.On a property with a single-family residential primary dwelling, the height of the ADU, attached or detached, shall not exceed the height of the primary dwelling or 16 feet, whichever is greater. For an ADU constructed above a garage or on a lot smaller than 5,000 square feet, the height shall not exceed 25 feet. b.On a property with a multi -family residential structure, the height of a detached ADU shall not exceed 16 feet. 5. Setbacks. a.For all ADUs, the front setback shall be a minimum of 15 feet. b.For all ADUs, the exterior and interior side yard setback shall be a minimum of four feet and the rear yard setback shall be a minimum of four feet. 15 144 of 213 c.No setback shall be required for an existing living area or permitted accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. 6. Landscaping. a.One 24-inch box tree shall be planted within the required 15 foot front yard setback for ADUs or in the abutting parkway. Existing trees that are at least 15 feet high and 15 feet in width may be used to satisfy this requirement. 7. Building Design Standards. ADUs shall conform to adopted single-family infill standards in Section 18.42.070.C. 8. Size of unit. a.The minimum size of an ADU is a total floor area of 150 square feet. b.The total floor area of an ADU attached to a primary dwelling unit shall not exceed 50% of the total floor area of the existing primary dwelling or 1,000 square feet, whichever is greater, save and except (d) and (e) below. c.The total floor area of a detached ADU shall not exceed 1,000 square feet save and except (d) and (e) below. d.A detached ADU may have a total floor area up to 1,200 square feet if all the following requirements are met: 1. The front setback of the ADU exceeds the front setback of the existing or proposed primary dwelling unit. 2. No existing parking spaces are removed or the existing spaces are replaced with covered parking. 3. One additional parking space is provided for the ADU. e.An ADU constructed within the footprint of an existing dwelling or a detached structure shall not be subject to a maximum square footage of total floor area. f. As provided in state law, an attached or detached ADU with a maximum size of 850 square feet or 1,000 square feet with more than one bedroom shall be permitted in any circumstance subject to a maximum height of 16 feet, four foot side and rear setbacks, and compliance with all building codes. 16 145 of 213 9. A minimum lot size shall not be required for an ADU under this ordinance. 10. No passageway shall be required for an ADU under this ordinance. 11. ADUs are only required to provide fire sprinklers if they are required for the primary residence. G. Limitations and other requirements 1. An ADU shall not be sold or otherwise conveyed separate from the primary residence. 2. An ADU may serve as a rental unit or be occupied by family members, guests, or in -home health care providers and others at no cost. 3. Neither the ADU nor the primary dwelling unit shall be rented for a term of Tess than 31 days. ADUs on multi -family properties shall be subject to this provision, except the restriction shall not apply to existing multi -family units. 4. Owner occupancy of the primary unit or ADU is not required. 5. Trash and recycling. Receptacles are required and shall conform to the requirements of Section 7.10.040 of the Code of Ordinances. 6. Prohibited units. No structure of a temporary nature shall be used as a residence or ADU, neither temporarily nor permanently. Refer to Section 18.20.030.A. 7. Fees. An ADU with less than 750 square feet is exempt from any impact fees imposed by the city. For ADUs 750 square feet or more, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling unit. 8. Before a building permit may be issued for an ADU, the record owner shall enter into an agreement with the City in a form that is approved by the City Attorney. The agreement shall include the following provisions: the ADU may not be sold or conveyed separately from the primary dwelling unit; the agreement may be enforced against future purchasers; and the ADU may not be rented for a period of less than 31 days. The City shall submit the agreement to the County Recorder for recordation. The agreement shall run with the land for life of the ADU. H. Nonconforming zoning conditions. The correction of existing nonconforming uses, structures, or parcels pursuant to Chapter 18.11 shall not be required as a condition of approval for an ADU. 18.30.390 - Junior Accessory Dwelling Units. A. Purpose. The purpose of this section is to provide for the construction of Junior Accessory Dwelling Units (JADUs) in areas zoned to allow residential uses pursuant to Government 17 146 of 213 Code Section 65852.22. JADUs help advance the goals and policies of the City's Housing Element by: 1. Providinq an affordable type of home to construct without the cost of acquiring new land, dedicated parking, and costly infrastructure; 2. Accommodating new housing units while preserving the character of existing neighborhoods; 3. Allowing efficient use of the city's existing housing stock and infrastructure; 4. Providing housing options and choices that respond to varying income levels, changing household sizes and lifestyle needs; and, 5. Providing a means for residents —particularly seniors, single parents, young singles, and younger couples —to remain in their homes and neighborhoods, and obtain and preserve income, security, companionship, and assistance. B. Consistency with state law. This section is intended to be consistent with Government Code Section 65852.22. If inconsistency is found with this section and state law, state law shall prevail. C. Definitions. For the purposes of this section junior accessory dwelling unit (JADU) is defined in Section 18.50.010. D. JADUs permitted. 1. One JADU is permitted on a lot if the following are met: a.The lot includes a proposed or existing single-family dwelling. b.The lot is in a zone that allows for a residential use as indicated in Table 18.20.020. c.The JADU meets the standards of subsection F. d.There is no existing ADU or JADU on the lot or there is an existing detached ADU that does not exceed a total floor area of 800 square feet and does not exceed a height of 16 feet. e.The proposed JADU is located where the city manager or his/her designee has not determined that public utilities or services are inadequate or the JADU will adversely impact traffic flow or public safety. E. Review. The approval of a JADU is subject to a ministerial decision process outlined in Section 18.12.030. For the purposes of this subsection, a staff person designated by the city manager shall review and act on a building permit application for a JADU within 60 days after a complete application is received. A JADU proposed with a permit application for a new primary dwelling shall not be approved until the primary dwelling receives approval. F. Development standards. 18 147 of 213 1. A JADU may have a total floor area of not less than 150 square feet and not more than 500 square feet, and is permitted within an existing or proposed single-family residential dwelling unit. A JADU constructed within an existing structure may construct an additional 150 square feet for ingress and egress only. 2. A JADU shall have a separate exterior entry from the primary dwelling unit and shall provide a kitchen or an efficiency kitchen. 3. Parking. Replacement parking spaces are required when a JADU is created within an existing attached garage. Covered spaces are not required. G. Limitations and other requirements. 1. The owner must occupy the single-family residence in which the JADU will be permitted. The owner may reside in either the remaining portion of the structure or the newly created JADU. Owner -occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization. 2. Before a building permit may be issued for a JADU, the record owner shall enter into an agreement with the City in a form that is approved by the City Attorney. The agreement shall include the following provisions: the JADU may not be sold or conveyed separately from the primary dwelling unit; the agreement may be enforced against future purchasers: the JADU shall not be rented for a period of less than 31 days; and the record owner shall reside on the premises. The City shall submit the agreement to the County Recorder for recordation. The agreement shall run with the land for life of the JADU. Table 18.45.050 — Schedule of Off -Street Parking Requirements by Land Use (partial) Uses and Structures Minimum Parking Spaces Required (Unless Otherwise Specified) Residential Uses Dwelling, single detached (RS-1 zone) 2 covered spaces, plus one additional uncovered space per bedroom greater than four bedrooms or one additional uncovered space for dwellings greater than 2,500 SF, whichever is greater. 19 148 of 213 Uses and Structures Minimum Parking Spaces Required (Unless Otherwise Specified) Dwelling, single detached (all other RS and RM zones, except within the Westside Specific Plan area) One covered space and one uncovered space, plus one additional uncovered space per bedroom greater than four bedrooms or one additional uncovered space for dwellings greater than 2,500 SF, whichever is greater. Dwelling, single attached 1.5 spaces per dwelling unit in a garage or carport Dwelling, multiple 1.3 spaces per 1-bedroom dwelling unit plus 1.5 spaces per 2-bedroom or more unit, and conveniently located guest parking of 1/2 space per unit for 20 units or less, plus % space for each unit over 20. Half of the required guest parking spaces may include parking spaces on dedicated public streets along the sides of the streets that are adjacent to the site. Fraternity, sorority house, or dormitory 1.5 spaces for each sleeping room Mobile home parks 2 spaces per unit Rectory 1 garage space per bedroom Rooming or boarding house 1 space per guest room Second dwelling unit 1 space in addition to residence requirements primary parking Chapter 18.50 — GLOSSARY Second unit. "Second unit" is a small, self contained residential unit built on the same lot as an independent living facilities for one or more persons. Second units are also referred to as "accessory dwelling units," "in law apartments," "granny flats," "ancillary apartments" or 20 149 of 213 "carriage houses." Second units may be attached to or detached from the primacy -residence. Refer to Section 18.21.050 for second unit regulations. Accessory Dwelling Unit (ADU): "Accessory Dwelling Unit" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An ADU also includes an efficiency unit and a manufactured home, as defined in Section 18007 of the Health and Safety Code. Refer to Section 18.030.380 for ADU regulations. Junior Accessory Dwelling Unit (JADU): "Junior Accessory Dwelling Unit" means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A JADU may include separate sanitation facilities, or may share sanitation facilities with the existing structure. Refer to Section 18.030.390 for JADU regulations. 21 150 of 213 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, October 19, 2021, via LIVE WEBCAST from the City Council Chambers, Civic Center, 1243 National City Blvd., National City, CA., to consider: INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTIONS 18.20.020 (ZONE CLASSIFICATIONS), 18.21.040 (DEVELOPMENT STANDARDS RESIDENTIAL ZONES), 18.21.050 (SECOND UNITS), 18.45 (OFF-STREET PARKING AND LOADING), AND 18.50 (GLOSSARY), AND ADDITION OF SECTIONS 18.30.380 AND 18.30.390 OF TITLE 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL CODE RELATED TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS. 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 Interested parties may register to speak during the City Council zoom meeting, but must register by 4:00 p.m. the day of the meeting. The City Council will also accept written public comments regarding this matter via e-mail sent to clerk(a�nationalcityca.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. For information on registering to speak or on submitting written comments, please visit the City Clerk's webpage at https://www. nationalcityca.gov/government/city-clerk/public-comments. 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. October 6, 2021 Shelley Chapel, Deputy City Clerk Published in the Star News: Friday, October 8, 2021. ATTACHMENT 4 22 151 of 213 RESOLUTION NO. 2021-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING ADOPTION TO THE CITY COUNCIL OF A CODE AMENDMENT AMENDING SECTIONS 18.20.020 (ZONE CLASSIFICATIONS), 18.21.040 (DEVELOPMENT STANDARDS RESIDENTIAL ZONES), 18.21.050 (SECOND UNITS), 18.45 (OFF-STREET PARKING AND LOADING), AND 18.50 (GLOSSARY), AND ADDITION OF SECTIONS 18.30.380 AND 18.30.390 OF TITLE 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL CODE. APPLICANT: CITY -INITIATED. CASE FILE NO. 2021-18 A WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the amendment of the National City Municipal Code, per Title 18 (Zoning); and, WHEREAS, the Planning Commission of the City of National City, California, considered said proposed amendment at a duly advertised public hearing held on August 16, 2021 at which time the Planning Commission considered evidence; and, WHEREAS, at said public hearings the Planning Commission considered the staff report provided for Case File No. 2021-18 A, which is maintained by the City and incorporated herein by reference; along with any other evidence presented at said hearing; and, WHEREAS, the Planning Commission recommends adoption to the City Council of the City of National City amendment to Sections 18.20.020 (Zone Classifications), 18.21.040 (Development Standards Residential Zones), 18.21.050 (Second units), 18.45 (Off-street Parking and Loading), and 18.50 (Glossary), and addition of sections 18.30.380 and 18.30.390 of Title 18 (Zoning) of the National City Municipal Code; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, this action is taken in an effort to comply with applicable State and Federal law; and, WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. ATTACHMENT 5 23 152 of 213 NOW, THEREFORE, BE IT RESOLVED by the City Planning Commission of the City of National City, California, that the evidence presented to the Planning Commission at the public hearing held on May 4, 2020, support the following findings: 1. That the proposed amendments to Sections 18.20.020, 18.21.040, 18.21.050, 18.45, and 18.50, and addition of Sections 18.30.380 and 18.30.390 are consistent with the General Plan, as Goal H-1 encourages the maintenance and enhancement of the quality of existing residential neighborhoods and Goal H-4 encourages the provision of a sufficient number of housing units and range of housing types to meet the current and projected needs of all economic segments of the community. 2. That the proposed amendments have been reviewed and been found to comply with the California Environmental Quality Act (CEQA); the amendments are not considered to be a project under CEQA. Any permits issued in relation to Accessory Dwelling Units (ADUs) or Junior Accessory Dwelling Units (JADUs) would be ministerial and thus not subject to CEQA. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of August 16, 2021, by the following vote: AYES: DelaPaz, Roman, Sendt, Valenzuela, Yamane NAYS: ABSENT: Natividad, Sanchez ABSTAIN: Lsa-e CHAIRPERS 24 153 of 213 - CALIFORNIA - NATIONAL Cay INCORPORATED Public Hearing Code Amendments of NCMC Sections 18.20.020, 18.21.040, 18.21.050, 18.45, and 18.50, and Addition of Sections 18.30.380 and 18.30.390 Related to Accessory Dwelling Units and Junior Accessory Dwelling Units Overview: • Housing production not keeping pace with demand • Lack of housing is impacting affordability and causing average housing costs to rise significantly • Widening the range of housing types can increase the housing supply and help more low-income residents thrive • In addition to expanded housing options, a robust ADU Ordinance will help the City to meet its RHNA allocation (5,437) • The Ordinance also consistent with goals and policies of the Housing Element, and with state ADU regulations ATTACHMENT 6 25 154 of 213 Overview (cont.): What is an ADU? • An ADU is a complete independent living facility for one or more persons and has a few variations: ➢ Detached: Separated from the primary structure ➢ Attached: Unit is attached to the primary structure ➢ Converted Existing Space: Space (e.g., attached garage, storage area, or accessory structure) on the lot of the primary residence that is converted into an independent living unit What is a JADU? • A JADU (Junior Accessory Dwelling Unit) is a specific type of conversion of existing space that is contained entirely within an existing or proposed single-family residence Overview (Cont.): • Current regulations related to Accessory Dwelling Units (ADUs) in Section 18.21.050 of the Land Use Code (LUC) are voided by State law Most recent updates to sections related to ADUs and Junior Accessory Dwelling Units (JADUs) took effect January 1, 2021 Approval of ADUs and JADUs in National City are currently regulated by State law unless the City adopts an ordinance in compliance to the most recent changes State law also mandates that cities should encourage ADUs • Staff also working on a draft ordinance related to Mobile Tiny Homes 26 155 of 213 Proposed Changes: Remove Section 18.21.050 of the LUC related to "Second Units" - Adopt new ordinances under Section 18.30.380 for ADUs and Section 18.30.390 for JADUs • Clean up related sections such as land uses, off-street parking, and definitions for consistency with new sections • Intention is to clarify the regulations that permit ADUs and JADUs in the City as well as promote compatibility of these housing types within existing neighborhoods. Proposed Changes (cont.): • Proposed changes for ADUs that are in addition to State requirements include: ➢ Allow ADUs to be constructed over garages ➢ Establish a minimum front setback of 15 feet and side and rear setbacks of four feet Require a tree in the front yard ADU setback or abutting parkway Require conformance with existing single-family infill standards Reduce the maximum size of most detached ADUs to 1,000 square feet. 1,200 square feet is permissible if certain requirements are met An ADU constructed within the footprint of an existing home will not have a maximum size 27 156 of 213 Proposed Changes (cont.): 7. Proposed changes for JADUs that are in addition to State requirements include: Permitting JADUs on lots with an existing single-family dwelling that are zoned to allow residential use. This will clarify that JADUs are permitted in Mixed -Use zones. Findings: General Plan Conformance 7. Consistent with current Housing Element Goal H-1: Maintain and enhance the quality of existing residential neighborhoods Goal H-4: Provide a sufficient number of housing units and range of housing types to meet the current and projected needs of all economic segments of the community. p. Consistent with draft Housing Element for next cycle Policy 1.4: Promote the development of accessory dwelling units (ADUs) throughout National City to meet residential housing needs. CEQA Compliance p. Amendments not considered a project under CEQA 28 157 of 213 Public Comment: Comments were received from a property owner asking that 2-story ADUs be permitted in cases of an existing single -story home The existing and proposed language generally requires ADUs to match design of primary dwelling (e.g. number of stories, roof pitch, etc.) p. Proposed Ordinance allows 2-story ADUs on lots with single -story primary residence for lots < 5,000 ft2 Property owner still wishes to construct 2-story's, regardless of lot size Summary / Next Steps: Adoption of Ordinance Staff will prepare an ADU policy handbook to guide property owners on the ADU/JADU process: Building permits Fire Department requirements y Utility questions (gas/electric, water, sewer) Publish information on City website 29 158 of 213 Options: Introduce the Ordinance approving the amendments to Sections 18.20.020, 18.21.040, 18.21.050, 18.45, and 18.50, and addition of Sections 18.30.380 and 18.30.390 of the Land Use Code based on the attached findings or findings to be determined by the City Council; or Continue the item to a specific date. File the report (Deny amendments) 30 159 of 213 ORDINANCE NO. 2021 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTIONS 18.20.020 (ZONE CLASSIFICATIONS), 18.21.040 (DEVELOPMENT STANDARDS RESIDENTIAL ZONES), 18.21.050 (SECOND UNITS), 18.45 (OFF-STREET PARKING AND LOADING), AND 18.50 (GLOSSARY), AND ADDITION OF SECTIONS 18.30.380 AND 18.30.390 OF TITLE 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL CODE. WHEREAS, pursuant to the terms and provisions of the California Government Code, proceedings were duly initiated for the amendment of the National City Municipal Code (NCMC); and WHEREAS, on August 16, 2021, a noticed public hearing was held by the Planning Commission, and all persons interested were given the opportunity to appear and be heard before the National City Planning Commission; and WHEREAS, the Planning Commission regularly and duly certified its report to the City Council of National City and has recommended approval of amending NCMC Title 18: and WHEREAS, pursuant to a published 10-day notice of the adoption of said ordinance, a public hearing was held by the City Council on September 7, 2021, and at said public hearing, all persons interested were given the opportunity to appear and be heard before the City Council; and NOW, THEREFORE, the City Council of the City of National City does ordain as follows: Section 1. All protests, if any, against said amendment to the Municipal Code and each of them be and hereby are denied and overruled. Section 2. Table 18.20.020 (Allowed Uses Residential Zones) is hereby amended to read as follows: Zone Classification Symbol Zone Classification General Plan Land Use Designation Residential RS-11 Large Lot Residential Low Medium Density Residential ATTACHMENT 7 31 160 of 213 Zone Classification Symbol Zone Classification General Plan Land Use Designation RS-21 Small Lot Residential Low Medium Density Residential RS-31 Medium -Low Density Multi -Unit Residential Medium Density Residential RS-41 Residential Single -Family Specific Plan (Westside) RM-11 Medium Density Multi -Unit Residential Medium Density Residential RM-21 High Density Multi -Unit Residential High Density Residential RM-31 Very High Density Multi -Unit Residential High Density Residential Commercial CA Commercial Automotive Commercial Automotive CL Limited Commercial Specific Plan (Westside) CS Service Commercial Service Commercial Mixed -Use MCR-11 Mixed Commercial -Residential Specific Plan (Westside) MCR-21 Mixed Commercial -Residential (Smart Growth Area) Specific Plan (Westside) MXC-1 1 Minor Mixed Use Corridor Minor Mixed Use MXC-21 Major Mixed Use Corridor Major Mixed Use MXD-11 Minor Mixed Use District Minor Mixed Use Zoning Ordinance NCMC Sections 18.20.020, 18.21.040, 18.21.050 18.45, 18.50, 18.30.380, 18.30.390 Ordinance No. 2021 - (Date) 32 161 of 213 Zone Classification Symbol Zone Classification General Plan Land Use Designation MXD-21 Major Mixed Use District Major Mixed Use Industrial IL Light Industrial Industrial IM Medium Industrial Industrial IH Heavy Industrial Industrial Institutional I Institutional Institutional Open Space OS Open Space Open Space OSR Open Space Reserve Military M Military Military San Diego Unified Port District UPD Port Master Plan San Diego Unified Port District Specific Plan SP1 Specific Plan Specific Plan 1ADUs and JADUs permitted subject to Sections 18.30.380 and 18.30.390 Section 3. Table 18.21.040 (Development Standards Residential Zones) is hereby amended to read as follows: Zoning Ordinance NCMC Sections 18.20.020, 18.21.040, 18.21.050 18.45, 18.50, 18.30.380, 18.30.390 Ordinance No. 2021 - (Date) 33 162 of 213 Development Requirement By Zoning District RS-1 RS-2 RS-3 RS-4 RM-1 RM-2 RM-3 Minimum setbacks, Primary structure Front 20' 20' 15' 10'/ 15(a) 15' 10' 10' Side —Interior 5' 5' 5' 3/0(b) 5' 5' 5' Side —Exterior 10' 10' 5' 10'(a) 5' 5' 10' Rear 25' 25' 10' 15' 5' 5' 5' Minimum setbacks, Accessory structure Front 20' 20' 15' 10/ 15'(c) 15' 10' 10' Side —Interior 5' 5' 5' 3' 5' 5' 5' Side —Corner 5' 5' 5' 10' 5' 5' 5' Rear 5' 5' 5' 3' 5' 5' 5' Detached building separation 5' 5' 5' 6' 5' 5' 5' Number of detached buildings 3 per full 5,000 ft 2 of lot area 3 per full 5,000 ft 2 of lot area 3 per full 5,000 ft 2 of lot area 3 Minimum lot area 10,000 SF 5,000 SF 5,000 SF 2,500 SF 5,000 SF 5,000 SF 5,000 SF Minimum street frontage (Standard) 60' 50' 50' 25' 50' 50' 50' Zoning Ordinance NCMC Sections 18.20.020, 18.21.040, 18.21.050 18.45, 18.50, 18.30.380, 18.30.390 Ordinance No. 2021 - (Date) 34 163 of 213 Development Requirement By Zoning District RS-1 RS-2 RS-3 RS-4 RM-1 RM-2 RM-3 Minimum street frontage (lots on the bulb of a cul-de-sac) 36' 36' 36' 15' 36' 36' 36' Maximum density One du per lot One du per lot One du per 2,900 SF of lot area One du for each 2,500 SF of lot area One du per 1,900 SF of lot area One du per 900 SF of lot area One du per 580 SF of lot area Minimum usable open space N/A N/A N/A N/A See Section 18.41.040 Maximum lot coverage 75% 75% 75% N/A 75% 75% 75% Maximum height, primary structure 35' 35' 35' 35' 45' 65' 95' Maximum stories, primary structure 2 2 3 3 4 6 9 Maximum height, accessory structure 35' 35' 35' 35' 45' 65' 95' Shall not exceed the number of stories or height of the primary structure. Shall not exceed the allowed maximum height of accessory structures in adjacent zone within 100- feet of the adjacent zone. Maximum area (total), accessory structures— Excluding up to 400 SF of covered parking and area dedicated to an ADU 10% of lot size (d) 10% of lot size (d) 10% of lot size (d) None None None None Zoning Ordinance NCMC Sections 18.20.020, 18.21.040, 18.21.050 18.45, 18.50, 18.30.380, 18.30.390 Ordinance No. 2021 - (Date) 35 164 of 213 Notes: (a) Stoops and porches may extend into the front yard up to the front property line or in the case of a corner parcel, to the side property line. Garages shall maintain a fifteen -foot front yard setback. (b) A zero foot minimum side yard, for one side yard on the parcel, is permitted provided that there is a six-foot separation to the adjacent residential structure and that there is a minimum three-foot side yard setback on the opposite side. (c) Except for stoops and porches, accessory structures shall not be located in the front yard setback. Porches or stoops should be at least six feet deep. (d) No single accessory structure shall have a footprint greater than that of half of the primary structure excluding area dedicated to an ADU. Section 4. Section 18.21.050 (Second units) is hereby repealed. Section 5. Section 18.30.380 is hereby added to read as follows: 18.30.380 - Accessory Dwelling Units. A. Purpose. The purpose of this section is to provide for the construction of Accessory Dwelling Units (ADUs) in areas zoned to allow residential uses pursuant to Government Code Section 65852.2. ADUs help advance the goals and policies of the City's Housing Element by: 1. Providing an affordable type of home to construct without the cost of acquiring new land, dedicated parking, and costly infrastructure; 2. Accommodating new housing units while preserving the character of existing neighborhoods; 3. Allowing efficient use of the city's existing housing stock and infrastructure; 4. Providing housing options and choices that respond to varying income levels, changing household sizes and lifestyle needs; and, 5. Providing a means for residents —particularly seniors, single parents, young singles, and younger couples —to remain in their homes and Zoning Ordinance NCMC Sections 18.20.020, 18.21.040, 18.21.050 18.45, 18.50, 18.30.380, 18.30.390 Ordinance No. 2021 - (Date) 36 165 of 213 neighborhoods, and obtain and preserve income, security, companionship, and assistance. B. Consistency with state law. This section is intended to be consistent with Government Code Section 65852.2. If inconsistency is found with this section and state law, state law shall prevail. C. Definitions. For the purposes of this section Accessory Dwelling Unit (ADU) is defined in Section 18.50.010. D. ADUs permitted. 1. One ADU is permitted on a lot if all the following are met: a. The lot includes a proposed or existing dwelling. b. The lot is in a zone that allows for a residential use as indicated in Table 18.20.020. c. The proposed ADU is located where the city manager or his/her designee has not determined that public utilities or services are inadequate or the ADU will adversely impact traffic flow or public safety. d. The ADU meets the standards of subsection F. 2. Two detached ADUs are permitted on a lot with a multi -family residential use if all the following are met: a. The lot includes an existing multi -family residential dwelling. b. Each ADU does not exceed a total floor area of 1,000 square feet and 16 feet in height. 3. Multiple ADUs are permitted within the portions of existing multi -family residential structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. a. At least one ADU is permitted within an existing multi -family residential structures and up to 25 percent of the existing number of multi -family dwelling units is allowed. Zoning Ordinance NCMC Sections 18.20.020, 18.21.040, 18.21.050 18.45, 18.50, 18.30.380, 18.30.390 Ordinance No. 2021 - (Date) 37 166 of 213 E. Review. The approval of an ADU is subject to a ministerial decision process outlined in Section 18.12.030. For the purposes of this subsection, a staff person designated by the city manager shall review and act on a building permit application for an ADU within 60 days after a complete application is received. An ADU proposed with a permit application for a new primary dwelling shall not be approved until the primary dwelling receives approval. An applicant may request a variance subject to Section 18.12.120 in conjunction with an application for an ADU. F. ADU Development Standards. 1. Density. ADUs are consistent with the allowable density for the lot upon which the ADU is located and the ADU is a residential use that is consistent with existing General Plan and zoning designations for the lot. 2. Location. An ADU may be either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing dwelling. An ADU may be attached to, located within, or detached from an existing or proposed primary dwelling unit, including garages and habitable or non -habitable accessory structures. 3. Parking. No additional parking is required for an ADU. If an ADU is constructed within existing garage or covered parking, then no replacement parking spaces may be required. 4. Height. The maximum height of an ADU is as follows: a. On a property with a single-family residential primary dwelling, the height of the ADU, attached or detached, shall not exceed the height of the primary dwelling or 16 feet, whichever is greater. For an ADU constructed above a garage or on a lot smaller than 5,000 square feet, the height shall not exceed 25 feet. Zoning Ordinance NCMC Sections 18.20.020, 18.21.040, 18.21.050 18.45, 18.50, 18.30.380, 18.30.390 Ordinance No. 2021 - (Date) 38 167 of 213 b. On a property with a multi -family residential structure, the height of a detached ADU shall not exceed 16 feet. 5. Setbacks. a. For all ADUs, the front setback shall be a minimum of 15 feet. b. For all ADUs, the exterior and interior side yard setback shall be a minimum of four feet and the rear yard setback shall be a minimum of four feet. c. No setback shall be required for an existing living area or permitted accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. 6. Landscaping. a. One 24-inch box tree shall be planted within the required 15 foot front yard setback for ADUs or in the abutting parkway. Existing trees that are at least 15 feet high and 15 feet in width may be used to satisfy this requirement. 7. Building Design Standards. ADUs shall conform to adopted single-family infill standards in Section 18.42.070.C. 8. Size of unit. a. The minimum size of an ADU is a total floor area of 150 square feet. b. The total floor area of an ADU attached to a primary dwelling unit shall not exceed 50% of the total floor area of the Zoning Ordinance NCMC Sections 18.20.020, 18.21.040, 18.21.050 18.45, 18.50, 18.30.380, 18.30.390 Ordinance No. 2021 - (Date) 39 168 of 213 existing primary dwelling or 1,000 square feet, whichever is greater, save and except (d) and (e) below. c. The total floor area of a detached ADU shall not exceed 1,000 square feet save and except (d) and (e) below. d. A detached ADU may have a total floor area up to 1,200 square feet if all the following requirements are met: 1. The front setback of the ADU exceeds the front setback of the existing or proposed primary dwelling unit. 2. No existing parking spaces are removed or the existing spaces are replaced with covered parking. 3. One additional parking space is provided for the ADU. e. An ADU constructed within the footprint of an existing dwelling or a detached structure shall not be subject to a maximum square footage of total floor area. f. As provided in state law, an attached or detached ADU with a maximum size of 850 square feet or 1,000 square feet with more than one bedroom shall be permitted in any circumstance subject to a maximum height of 16 feet, four foot side and rear setbacks, and compliance with all building codes. 9. A minimum lot size shall not be required for an ADU under this ordinance. 10.No passageway shall be required for an ADU under this ordinance. 11.ADUs are only required to provide fire sprinklers if they are required for the primary residence. G. Limitations and other requirements 1. An ADU shall not be sold or otherwise conveyed separate from the primary residence. 2. An ADU may serve as a rental unit or be occupied by family members, guests, or in -home health care providers and others at no cost. Zoning Ordinance NCMC Sections 18.20.020, 18.21.040, 18.21.050 18.45, 18.50, 18.30.380, 18.30.390 Ordinance No. 2021 - (Date) 40 169 of 213 3. Neither the ADU nor the primary dwelling unit shall be rented for a term of less than 31 days. ADUs on multi -family properties shall be subject to this provision, except the restriction shall not apply to existing multi- family units. 4. Owner occupancy of the primary unit or ADU is not required. 5. Trash and recycling. Receptacles are required and shall conform to the requirements of Section 7.10.040 of the Code of Ordinances. 6. Prohibited units. No structure of a temporary nature shall be used as a residence or ADU, neither temporarily nor permanently. Refer to Section 18.20.030.A. 7. Fees. An ADU with less than 750 square feet is exempt from any impact fees imposed by the city. For ADUs 750 square feet or more, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling unit. 8. Before a building permit may be issued for an ADU, the record owner shall enter into an agreement with the City in a form that is approved by the City Attorney. The agreement shall include the following provisions: the ADU may not be sold or conveyed separately from the primary dwelling unit; the agreement may be enforced against future purchasers; and the ADU may not be rented for a period of less than 31 days. The City shall submit the agreement to the County Recorder for recordation. The agreement shall run with the land for life of the ADU. H. Nonconforming zoning conditions. The correction of existing nonconforming uses, structures, or parcels pursuant to Chapter 18.11 shall not be required as a condition of approval for an ADU. Section 6. Section 18.30.390 is hereby added to read as follows: 18.30.390 - Junior Accessory Dwelling Units. A. Purpose. The purpose of this section is to provide for the construction of Junior Accessory Dwelling Units (JADUs) in areas zoned to allow residential uses Zor y Ordinance NCMC Sections 18.20.020, 18.21.040, 18.21.050 18.45, 18.50, 18.30.380, 18.30.390 Ordinance No. 2021 - (Date) 41 170 of 213 pursuant to Government Code Section 65852.22. JADUs help advance the goals and policies of the City's Housing Element by: 1. Providing an affordable type of home to construct without the cost of acquiring new land, dedicated parking, and costly infrastructure; 2. Accommodating new housing units while preserving the character of existing neighborhoods; 3. Allowing efficient use of the city's existing housing stock and infrastructure; 4. Providing housing options and choices that respond to varying income levels, changing household sizes and lifestyle needs; and, 5. Providing a means for residents —particularly seniors, single parents, young singles, and younger couples —to remain in their homes and neighborhoods, and obtain and preserve income, security, companionship, and assistance. B. Consistency with state law. This section is intended to be consistent with Government Code Section 65852.22. If inconsistency is found with this section and state law, state law shall prevail. C. Definitions. For the purposes of this section junior accessory dwelling unit (JADU) is defined in Section 18.50.010. D. JADUs permitted. 1. One JADU is permitted on a lot if the following are met: a. The lot includes a proposed or existing single-family dwelling. b. The lot is in a zone that allows for a residential use as indicated in Table 18.20.020. c. The JADU meets the standards of subsection F. d. There is no existing ADU or JADU on the lot or there is an existing detached ADU that does not exceed a total floor area of 800 square feet and does not exceed a height of 16 feet. Zoning Ordinance NCMC Sections 18.20.020, 18.21.040, 18.21.050 18.45, 18.50, 18.30.380, 18.30.390 Ordinance No. 2021 - (Date) 42 171 of 213 e. The proposed JADU is located where the city manager or his/her designee has not determined that public utilities or services are inadequate or the JADU will adversely impact traffic flow or public safety. E. Review. The approval of a JADU is subject to a ministerial decision process outlined in Section 18.12.030. For the purposes of this subsection, a staff person designated by the city manager shall review and act on a building permit application for a JADU within 60 days after a complete application is received. A JADU proposed with a permit application for a new primary dwelling shall not be approved until the primary dwelling receives approval. F. Development standards. 1. A JADU may have a total floor area of not less than 150 square feet and not more than 500 square feet, and is permitted within an existing or proposed single-family residential dwelling unit. A JADU constructed within an existing structure may construct an additional 150 square feet for ingress and egress only. 2. A JADU shall have a separate exterior entry from the primary dwelling unit and shall provide a kitchen or an efficiency kitchen. 3. Parking. Replacement parking spaces are required when a JADU is created within an existing attached garage. Covered spaces are not required. G. Limitations and other requirements. 1. The owner must occupy the single-family residence in which the JADU will be permitted. The owner may reside in either the remaining portion of the structure or the newly created JADU. Owner -occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization. 2. Before a building permit may be issued for a JADU, the record owner shall enter into an agreement with the City in a form that is approved by the City Attorney. The agreement shall include the following provisions: Zoning Ordinance NCMC Sections 18.20.020, 18.21.040, 18.21.050 18.45, 18.50, 18.30.380, 18.30.390 Ordinance No. 2021 - (Date) 43 172 of 213 the JADU may not be sold or conveyed separately from the primary dwelling unit; the agreement may be enforced against future purchasers: the JADU shall not be rented for a period of less than 31 days; and the record owner shall reside on the premises. The City shall submit the agreement to the County Recorder for recordation. The agreement shall run with the land for life of the JADU. Section 7. Table 18.45.040 (Schedule of Off -Street Parking Requirements by Land Use) is hereby amended to read as follows: Uses and Structures Minimum Parking Spaces Required (Unless Otherwise Specified) Residential Uses Dwelling, single detached (RS-1 zone) 2 covered spaces, plus one additional uncovered space per bedroom greater than four bedrooms or one additional uncovered space for dwellings greater than 2,500 SF, whichever is greater. Dwelling, single detached (all other RS and RM zones, except within the Westside Specific Plan area) One covered space and one uncovered space, plus one additional uncovered space per bedroom greater than four bedrooms or one additional uncovered space for dwellings greater than 2,500 SF, whichever is greater. Dwelling, single attached 1.5 spaces per dwelling unit in a garage or carport Dwelling, multiple 1.3 spaces per 1-bedroom dwelling unit plus 1.5 spaces per 2-bedroom or more unit, and conveniently located guest parking of space per unit for 20 units or less, plus 1/4 space for each unit over 20. Half of the required guest parking spaces may include parking spaces on dedicated public streets along the sides of the streets that are adjacent to the site. Fraternity, sorority house, or dormitory 1.5 spaces for each sleeping room Mobile home parks 2 spaces per unit Zoning Ordinance NCMC Sections 18.20.020, 18.21.040, 18.21.050 18.45, 18.50, 18.30.380, 18.30.390 Ordinance No. 2021 - (Date) 44 173 of 213 Uses and Structures Minimum Parking Spaces Required (Unless Otherwise Specified) Rectory 1 garage space per bedroom Rooming or boarding house 1 space per guest room Second dwelling unit 1 space in addition to primary residence parking requirements Senior housing 1 space per unit plus 1 guest space for each 10 units RS-4 (Westside Specific Plan): Units greater than 1,200 square feet 2 spaces per unit RS-4 (Westside Specific Plan): Units less than 1,200 square feet 1.7 spaces per unit Commercial and Office Uses Banks and financial institutions 3 spaces per 1,000 square feet floor area Offices, administrative, clerical, and professional Number of required parking spaces varies depending on the amount of floor area as identified in the column to the left. • First 5,000 square feet • 1 space per 200 square feet floor area • 5,000 to 10,000 square feet • 1 space per 250 square feet floor area • 10,000 to 30,000 square feet • 1 space per 300 square feet floor area • 30,000 to 100,000 square feet • 1 space per 350 square feet floor area Zoning Ordinance NCMC Sections 18.20.020, 18.21.040, 18.21.050 18.45, 18.50, 18.30.380, 18.30.390 Ordinance No. 2021 - (Date) 45 174 of 213 Uses and Structures Minimum Parking Spaces Required (Unless Otherwise Specified) • Over 100,000 square feet • 1 space per 400 square feet floor area Offices, medical/dental office or outpatient clinic, veterinary hospitals and clinics 1 space per 300 square feet floor area Lodging - Hotel, motel, bed and breakfast inn 1 for each guest bedroom, plus 1 for the manager's unit Restaurant, bar, nightclub, pool hall, bowling alley, or similar establishment 10 spaces per 1,000 square feet floor area Gasoline service station 1 space per 1,000 square feet of lot area; less the footprint of any convenience store area, plus 3.3 spaces per 1,000 square feet of convenience store area Commercial recreation, indoor 2.5 spaces per 1,000 square feet floor area Retail sales 1 for each 250 square feet of floor area Personal services 1 space per 300 square feet of floor area Shopping centers with multiple tenants 1 space per 200 square feet floor area Vehicle repair or service, including car wash 1 space per 500 square feet floor area Vehicle sales or rental (new and used) 1 space per 500 square feet floor area plus one per every 2,500 square feet outdoor display area Theater/auditorium, stadium/sports arena 1 space per 5 seats Mausoleum/crematory 25 spaces per 1,000 square feet of seating area Zoning Ordinance NCMC Sections 18.20.020, 18.21.040, 18.21.050 18.45, 18.50, 18.30.380, 18.30.390 Ordinance No. 2021 - (Date) 46 175 of 213 Uses and Structures Minimum Parking Spaces Required (Unless Otherwise Specified) CL zone (Westside Specific Plan): Office 2.9 spaces per 1,000 square feet floor area CL zone (Westside Specific Plan): Retail 3.6 spaces per 1,000 square feet floor area CL zone (Westside Specific Plan): Industrial 2 spaces per 1,000 square feet floor area Mixed -Uses in the MXD and MXC Zones Nonresidential uses Minimum: 2 spaces per 1,000 square feet floor area Residential - studio, 1 bedroom, and 2 bedroom units Minimum: 1 space per unit Residential - 3 or more bedroom units Minimum: 1.5 spaces per unit MCR Zones in the Westside Specific Plan Residential units greater than 1200 square feet 1.5 spaces per unit Residential units less than 1200 square feet 1 space per unit Office uses 2.9 spaces per 1,000 square feet floor area Retail uses 3.6 spaces per 1,000 square feet floor area Industrial uses 2 spaces per 1,000 square feet floor area Industrial Uses Industrial manufacturing and processing uses, waterfront related 1 space for each 1,000 square feet of floor area Zoning Ordinance NCMC Sections 18.20.020, 18.21.040, 18.21.050 18.45, 18.50, 18.30.380, 18.30.390 Ordinance No. 2021 - (Date) 47 176 of 213 Uses and Structures Minimum Parking Spaces Required (Unless Otherwise Specified) industry, wholesaling, warehousing, and distribution Industrial/building supplies and equipment, sales and rentals 1 space per 800 square feet floor area Research and development 1 space per 400 square feet of floor area Recycling facilities 2 spaces per 1,000 square feet floor area Animal boarding/kennel 1 space per 500 square feet floor area Trucking and transportation terminal 2 spaces per 1,000 square feet floor area plus 1 space for every 2 fleet vehicles Institutional Uses Hospital or other inpatient medical institution 1 space per 3 beds, excluding bassinets Civic, fraternal, community, and cultural facilities 1 space per every 200 square feet of floor space open to the public plus 1 space per each 300 square feet of administrative office area Public/religious assembly, fraternal lodge or club, banquet fall/facilities, and similar establishments 1 space for every 35 square feet of seating area Convention center 1 space per 50 square feet floor area Child day care center, preschool, or nursery school 2 spaces per 1,000 square feet floor area Zoning Ordinance NCMC Sections 18.20.020, 18.21.040, 18.21.050 18.45, 18.50, 18.30.380, 18.30.390 Ordinance No. 2021 - (Date) 48 177 of 213 Uses and Structures Minimum Parking Spaces Required (Unless Otherwise Specified) Schools, elementary and middle 1.5 spaces per classroom plus area one space for each 300 square feet of office area Schools, high 1 space per each 150 square feet of classroom area plus one space for each 300 square feet office area Schools, trade, college/university, business, adult education 1 space per 40 square feet of classroom area plus 1 space per 300 square feet of office area Open Space/Agriculture Neighborhood and community farms Minimum 2 parking spaces, plus one additional space for every acre of garden site lot area over 2 acres. Each garden site that includes a farm stand shall provide 1 additional space for every 250 feet of floor area and outdoor display space. Section 8. The following definitions in Chapter 18.50 (Glossary) are hereby amended to read as follows: The definition of "Second unit" is hereby repealed. Accessory Dwelling Unit (ADU): "Accessory Dwelling Unit" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An ADU also includes an efficiency unit and a manufactured home, as defined in Section 18007 of the Health and Safety Code. Refer to Section 18.030.380 for ADU regulations. Zoning Ordinance NCMC Sections 18.20.020, 18.21.040, 18.21.050 18.45, 18.50, 18.30.380, 18.30.390 Ordinance No. 2021 - (Date) 49 178 of 213 Junior Accessory Dwelling Unit (JADU): "Junior Accessory Dwelling Unit" means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A JADU may include separate sanitation facilities, or may share sanitation facilities with the existing structure. Refer to Section 18.030.390 for JADU regulations. Section 9. Severability. If any section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this ordinance and adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. Section 10. This Ordinance shall take effect and be in force thirty (30) days from the date of its passage, and before the expiration of fifteen (15) days after its passage, it or a summary of it, shall be published once, with the names of the members of the City Council voting for and against the same in the Star News, a newspaper of general circulation published in the County of San Diego, California. PASSED and ADOPTED this 21st day of September, 2021. ATTEST: Shelley Chapel, Deputy City Clerk APPROVED AS TO FORM: Charles E. Bell Jr., City Attorney Zoning Ordinance NCMC Sections 18.20.020, 18.21.040, 18.21.050 18.45, 18.50, 18.30.380, 18.30.390 Alejandra Sotelo-Solis, Mayor Ordinance No. 2021 - (Date) 50 179 of 213 The following page(s) contain the backup material for Agenda Item: Approval of the 2021 Pension Obligation Bonds. (Finance) Please scroll down to view the backup material. 180 of 213 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 19, 2021 AGENDA ITEM NO.: ITEM TITLE: Approval of 2021 Pension Obligation Bonds (POBs). PREPARED BY: Molly Brennan, Administrative Services Director DEPARTMENT: Finance PHONE: 619-336-4265 APPROVED BY: .-/(A4� EXPLANATION: See attached. FINANCIAL STATEMENT: APPROVED: FINANCE APPROVED: MIS $24.2 million estimated cumulative savings, and savings are projected to average $2.6 million from FY23 —36. Total net present value savings is approximately $23.4 million over the 21-year term of the POBs. Savings are based on current interest rates of 3.10% and assumed average future investment returns of 6.50% by CaIPERS. ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: That City Council move to adopt a resolution confirming the issuance of POBs and related documents. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Staff Report 2. Resolution Confirming Issuance and Approving Bond Documents 3. Preliminary Official Statement 4. Bond Purchase Agreement 181 of 213 \ CALIFORNIA --rt NATIONAL CISTi INCORPORATED City Council Agenda Report October 19th City Council Meeting Approval of 2021 Pension Obligation Bonds ITEM City staff, in conjunction with City Council, have explored the use of pension obligation bonds ("POBs" or "Bonds") to meet several objectives, including: (1) generating cash flow savings to the City and taxpayers using historically low interest rates (currently 3.00% — 3.25%) relative to the current California Public Employees Retirement System (Ca1PERS) discount rate of 7.00%; (2) to create a repayment schedule for the City's unfunded accrued pension liabilities ("UAL") that is more manageable and creates budgetary savings; and (3) enhance budget predictability and long-term fiscal sustainability by creating a smoother repayment shape at a lower level. After an initial workshop on October 6, 2020, to discuss a UAL restructuring (including benefits and risks), City Council approved the base POB documents on October 20, 2020 and approved the initiation of a validation process through the court system. The successful validation process ended in July 2021. As the market for POBs has improved since 2020 (lower interest rates), staff recommended continuing the financing process to issue a POB this fall to secure savings. At a workshop on September 7, 2021, City Council received an update on recent Ca1PERS events (including actions related to recent returns and imminent assumption changes), a preliminary recommendation for the UAL restructuring strategy, and stress testing analysis to help quantify the risk of a POB. Staff and its Municipal Advisor NHA Advisors, LLC have continued to analyze dozens of scenarios since that workshop and have now finalized a recommended plan of finance. City Council is now being asked to adopt a resolution confirming the issuance of POBs to refinance outstanding obligations of the City of National City ("City"), approving an Official Statement and Bond Purchase Agreement and related actions. BACKGROUND/DISCUSSION Over the last 8 years, the City of National City's (the "City") UAL for its Ca1PERS Miscellaneous and Safety Plans has grown 74.6%, from $70.8 million to about $123.7 million as of the 6/30/20 valuation report. The UAL represents the gap between what is needed to pay retiree benefits versus how much the City has in current Ca1PERS assets. Annual payments made to CaIPERS to pay off the UAL have grown rapidly: from $3.9M in FY 2016 to $8.8M in FY 2022 and are projected to grow to $11.3M by FY 2025 and $13.0M by FY 2031 (based on the latest actuarial reports excluding the recent FY 2021 investment return of 21.3%). The $123.7 million UAL is not immediately due to Ca1PERS and will be amortized over time (different components amortized over different time periods, typically between 3 and 28 years) at the discount rate of 7.00%. Pension cost increases are the largest financial challenge facing most 182 of 213 California cities and are primarily due to factors outside of their control such as actuarial assumption changes made by Ca1PERS, below average investment returns over the last 20 years. Update on Recent Ca1PERS Returns and Likely Assumption Changes: While the $123.7 million UAL is based on the latest actuarial reports released in August 2021 and incorporates the 4.70% Ca1PERS returns from FY 2020, the reports do not include the benefit of the recent FY 2021 21.30% return or any new potential assumption changes. Based on existing Ca1PERS policy, the 21.3% rate of return for FY 2021 triggers a discount rate reduction from 7.00% to 6.80%. In November there is a chance that the Ca1PERS board will elect to lower the rate even more based on an updated asset and liability study currently underway. Targets being considered include 6.25%, 6.50% and 6.75%. For purposes of modeling the estimated savings and annual payments from issuing POBs, a 6.50% assumption is being used by the City and its team. 6.50% is a likely outcome according to many experts, and also a more conservative method with which to analyze the potential savings on the POB than the current 7% discount rate. As shown in the chart below, the City's UAL will be reduced from $123.7 million to approximately $111.7 million after incorporating the 21.3% returns and a hypothetical 6.50% discount rate. While the projected reduction is beneficial for the City, the UAL debt would continue to amortize at the 6.50% discount rate and on a repayment schedule that is very un-even, with spikes in the early years and through 2025 (see green line below), ultimately being paid off by FY 2046/47. Payments over the next decade would range from $10M to $13M annually, which is significantly higher than the $8.8M that the City recently paid on its UAL for FY 2022. It should also be noted that a discount rate reduction will not only increase the UAL, but also the City's Normal Cost payments that are required as a percent of payroll for current employees. Under either repayment model (blue bars or green line) the City would need to use reserves or cut expenditures in order have enough funding to make the future required annual payments to Ca1PERS. Current UAL Payments vs. Projected Payments @ 6.501 o $14.0 $13.0 $12.0 $11.0 $10.0 $9.0 $8.0 $7.0 $6.0 $5.0 $4.0 $3.0 $2.0 $1.0 $- $123.7M UAL (Current Payments to Amortize the UAL) $111.7M UAL @ 6.50% Discount Rate & Th:! !1 ;21.3% Returns (Projected New Payments';,Amortize the UAL) 1 11111 111! 1 I111111111111i111 111111111111111:11 11111111111111111i! 1 1 1 1 1 1 1 1 1 1 1 1 1 11 1 11111111 ►_ 11 1 11111111 I1 11 1 11111111 111 m tf1 lD N 00 01 O .--I N M V tf1 l0 N 00 01 0 c--I N MKrtV1 lD N N N N N N N N M M M M M M M M M M d' a' V' V . t 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N N N N UAL Payments (Current Projections) Projected UAL Payments (6.50% Discount Rate) 183 of 213 Benefits of a UAL Restructuring using a POB: The City is considering issuing a POB to pay off a portion of its UAL to achieve several objectives: • Fiscal Sustainability Tool: Ability to "re -shape" the City's overall pension repayment in a way that creates enhanced long-term fiscal sustainability, budgetary predictability, and enhanced resiliency to future economic shocks • Near -Term Budgetary Savings: By modifying the current near term "peak" in scheduled payments into a more predictable (i.e., level) structure, near term cash flow savings are generated • Interest Rate Savings "Arbitrage": City can borrow at rates much lower (currently 3.00% — 3.25% depending on term & credit) than the current Ca1PERS discount rate of 7.00% or the anticipated discount rate of 6.50% • Increase Funded Ratio: Current ratios range from 70.5% (Miscellaneous) to 64.3% (Safety); these could be increased to approximately 95% through the restructuring • Modify Maturity: Shorten or lengthen repayment period as deemed most fiscally appropriate. The recommendation, discussed below, is to shorten the payment term to about 21 years, from the current term of 25 years. Recent Due Diligence and Final Recommended UAL Restructuring Strategy: Since the time of the September 7th workshop, City staff has been working diligently with NHA Advisors and Hilltop Securities to evaluate over a dozen different structuring options for the POB. These included different sizes, different terms/maturities, and evaluating the budgetary impact assuming a variety of discount rates (6.25%, 6.50% and 6.75%) and projected new funding ratios. Staff has also been utilizing this analysis to update the City's long-term financial forecast to ensure that a prudent and affordable structure is executed. Staff's final recommendation is to fund 70% ($83M) of the current UAL, which is about 75% of the projected new UAL assuming a reduction to a 6.50% discount rate. After rigorous discussions and analysis, this strategy is being recommended as it achieves multiple objectives, including: (1) maximizing savings, (2) reducing the risk of overfunding by only paying down 70-75% of the UAL, (3) creating a more affordable annual payment at around $7.6M — in line with FY 2021 levels and significantly below the $10M-$13M annual payments that the City would face without a POB and (4) increasing the funding ratios of the City's pension plans to about 95%. It should be noted that if Ca1PERS reduces its discount rate below 6.50% or underperforms on its investments the City's UAL will go up and annual payments would be higher. For example, annual payments will go to about $9M per year if they lower the discount rate to 6.25%. This is the annual payment level the City budgeted and paid in FY 2022. In this event, the POB would save the City from having to dip into reserves, but there would not be any additional savings available for on- going operating expenditures. Discount rate changes and investment underperformance are factors outside of the City's control, but it is important to conservatively plan for these events while developing long term budget projections. Section 115 Trust and Budget Predictability: The City has also been very disciplined about building its Section 115 Trust, which currently has a balance of $7.2 million. Since there will be fluctuations in the future annual pension payments to Ca1PERS, staff will utilize the funds in the Section 115 Trust as a "shock absorber," funding any amounts (to the extent possible) above the 184 of 213 projected $7.6M level using those monies. This will allow the City to further enhance the predictability of the annual amount of budgeted pension expenditures. Estimated Savings from $83M POB: The table/charts below summarize the estimated savings from the proposed 2021 POB. It is important to note that the interest rate assumptions are estimated based on current market conditions and could change prior to pricing the bonds in late October/early November. It is also important to note that these bonds will be structured with a 10- year call feature, meaning that the City will have the opportunity to pay this debt off early (after 10 years) with no penalty or refinance the debt if interest rates are lower at that time. The City may consider utilizing funds built up in its Section 115 Trust or other reserves to pay off these bonds early if deemed financially strategic in the future. As shown below, cumulative savings are estimated at $24.2 million over the 21-year term of the POBs. Estimated present value savings are projected at approximately $23.4 million or about 26.0% of refinanced UAL. Through FY 2036, the City is expected to benefit from approximately $37.1 million in cash flow savings, or $2.6 million on an average annual basis for the next 15 years. As noted before, the majority of these savings allows the City to avoid having to use reserves to fund the rapidly increasing UAL payments with Ca1PERS. The $7.6M projected annual payment is in line with FY 2021 budgeted figures and brings the City's payments back to a more affordable level. The savings metrics shown below are estimated based on current market conditions and a 6.50% Ca1PERS discount rate and investment returns. Projected savings is ultimately dependent on future Ca1PERS returns and assumption changes, which are unknown at the time of issuance (see "Risks and Considerations" below). Estimated Savings from 2021 POB Metrics 21-Year POB $ UAL Funded (11/16/21) % UAL Funded (Current Asset Valuations) Funded Ratio (Current Asset Valuations) $83,260,000 70% 90% Projected UAL After 6.5% Discount Rate $111,650,223 % UAL Funded (Projected After FY 2021 Returns) 75% Funded Ratio (Projected After FY 2021 Returns) 95% Maturity 21 Years Average Life 11.8 Years All -In Interest Rate 3.10% Present Value Savings (%) 26.01% Present Value Savings ($) $23,417,884 Cumulative Savings $24,243,835 Savings (2023-2036) $37,081,215 Avg. Annual Savings (2023-2036) $2,648,658 Avg. Annual Payments Through Maturity (POB + Unrefunded UAL) $7,599,759 185 of 213 $9 $8 $7 $6 $5 Projected UAL Payments @ 6.50% Discount Rate vs New Aggregate (PO + Unrefunded UAL) Payments 1 111 111 1 1 111 ! 1! 1 1■!■■ 11111111111111 I111111111 1111 1111111111 111111 ri 111111111111111111 11111111111111111111 111111111111111111111 m V LA lD N CO 01 O N N m V LA LD N 00 01 0 I --I N m V L!1 lD N N N N N N N N CO cn m CA CA c» m c» CO m a v0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 v v v N N N N N N N N N N N N N N N N N N N N N N N N N Projected UAL Payments (6.5% Discount Rate) -21-Year POB * All savings estimates assume Ca1PERS earns 6.50% in the future Numerous agencies (e.g., Santa Ana, Commerce, Buena Park, San Fernando, Whittier, Covina, Livermore Recreation & Parks City, Redondo Beach, Willows, Auburn, Corte Madera, Manhattan Beach, Huntington Beach, Orange, Chula Vista, Downey, El Cajon and several others) throughout California have recently refinanced their UAL to restructure the payment pattern and increase the funding level of their pension plans. Since last Spring, over 70 Ca1PERS members have restructured their UAL and many more are expected to do so this Fall. Interest rates set on these recent financings have ranged from about 2.25% to 4.25%, with rates dictated by market conditions at the time of pricing, credit rating of the issuer, and length of term of the bonds. During the last week of September and first week of October, four additional POBs were priced (cities of Corona, Lakeport and two fire districts). Risks and Considerations: The ultimate actual savings from a UAL restructuring is dependent on two factors: (1) actual interest rates at the time of pricing the new bond and (2) future Ca1PERS returns, which is an unknown at the time of bond issuance. The rule of thumb for evaluating the benefit of a UAL restructuring is that the City will be better off (i.e. the UAL refunding will produce positive savings) if Ca1PERS earns more than the interest rate on the Bonds (currently estimated at around 3.10%). While past performance does not guarantee future results, Ca1PERS' historical 30-year returns are 8.4%, 6.9% for the last 20 years on average, 8.5% for last 10 years and 10.3% for the last 5 years. 186 of 213 Stress Testing: In order to better assess the risk of the proposed POB, the City's finance team analyzed the reduction in savings assuming various situations of Ca1PERS investment performance. These "what -if' situations include Ca1PERS reducing the discount rate to (and earning annually) 6.00% and also reducing the discount rate to (and earning annually) 5.00%. In addition, the scenario of a market crash was also calculated. The scenario of a negative 5.00% investment return (z 12% off its target) in the first year after the POB is issued, as well as a negative 15% (( 22% off its target) were also calculated. For both, returns after the initial market crash are assumed to be 6.50%. Estimated UAL 5% Discount Rate Change Sensitivity ($83M 6% Discount Rate Change POB) -5% Market Crash (After Issuance) -15% Market Crash (After Issuance) Baseline PV Savings $23.42 Million $23.42 Million $23.42 Million $23.42 Million Reduction in PV Savings $12.7 Million $7.1 Million $7.4 Million $13.6 Million Net PV Savings ($) $2.5 Million $8.1 Million $7.8 Million $1.6 Million Net PV Savings (%) 4.08% 13.43% 13.06% 2.67% As the table above shows, PV saving is reduced under these stress tests, however, the City would still be better off having issued the POB than if it had not. While reinvestment risk is unavoidable, the stress tests demonstrate that the risks are manageable, and that the City would be better off having issued the POB even under these more pessimistic situations. If there were a future market downturn, and as noted on page 3, the City could use reserves in the 115 pension trust funds to address any new UAL and re -invest those monies at a lower entry point in the stock market (dollar cost averaging). PENSION OBLIGATION BOND DOCUMENTS FOR REVIEW AND APPROVAL On October 20, 2020, the City Council approved a resolution authorizing the issuance of pension obligation bonds to refund a portion of the City's obligation owed to Ca1PERS and to initiate a judicial validation action. With the assistance of bond counsel, the City successfully obtained a default judgment in the action in late June, and the 30-appeal period expired in late July. It is therefore now appropriate and timely to approve the Official Statement and Bond Purchase Agreement so the bonds can be sold via public offering. The resolution (Attachment #2) being recommended for approval tonight authorizes staff to complete the pension obligation financing, and approves forms of the following documents: 1. Preliminary Official Statement (Attachment #3); and 2. Bond Purchase Agreement (Attachment #4) Preliminary Official Statement: Disclosure Counsel prepares a preliminary Official Statement with input from the financing team including tables relating to the City's general fund finances. Following City Council authorization, the preliminary Official Statement will be distributed by the Underwriter (Hilltop Securities) and used as the primary marketing document to prospective bond purchasers. A table of contents identifies critical topics such as the plan of finance, security for the bonds, information on the City, information on the general fund of the City, the continuing disclosure requirements and the form of opinion of bond counsel. The agenda packet includes a 187 of 213 draft of the preliminary Official Statement that the financing team considers to be essentially final. A final Official Statement will be made available shortly after the pension obligation bonds are sold; it will be identical to the preliminary Official Statement except that it will reflect the final bond sale information. The distribution of the preliminary Official Statement and the final Official Statement is subject to the federal securities laws, including the Securities Act of 1933 and the Securities Exchange Act of 1934. These laws require the preliminary Official Statement to include all facts that would be material to an investor in the pension obligation bonds. Material information exists where there is a substantial likelihood that the information would have actual significance in the deliberations of the reasonable investor when deciding whether to buy or sell securities. The Securities and Exchange Commission (SEC), the agency with regulatory authority over compliance with the federal securities laws, has indicated that if a member of a legislative body, like the City Council, has knowledge of any facts or circumstances that an investor would want to know prior to investing in securities, like the pension obligation bonds, whether relating to their repayment, taxable status, undisclosed conflicts of interest with interested parties, or otherwise, he or she should endeavor to discover whether such facts are adequately disclosed in the preliminary Official Statement. The steps that a member of the City Council could take to fulfill this obligation include becoming familiar with the preliminary Official Statement and questioning staff and other members of the financing team about the disclosure of such facts. Bond Purchase Agreement: The bond purchase agreement is between the City and Hilltop Securities Inc., as Underwriter, whereby the Underwriter will agree to purchase the pension obligation bonds contingent upon the City satisfying the obligations imposed within the agreement. The Underwriter agrees to make a bona -fide public offering of the bonds to the general public and to purchase the bonds from the City in an "arms -length" transaction. NEXT STEPS Upon approval of the Preliminary Official Statement and Bond Purchase Agreement, the City's financing team will begin the process of marketing the POBs to investors. It is expected that the City will sell its POBs in late October or early November and close the financing in mid - November. However, it is important to note that the City's financing team is actively monitoring current market conditions and other financing considerations in determining the best time to sell the bonds into the market. Assuming City Council approval, the financing team is prepared to move quickly to sell the POBs at the optimal time and maximize the City's benefit. FISCAL IMPACT Costs to execute the issuance of the POBs is included in the financing and there is no general impact to General Fund budget related to those costs; the only cost that is non -contingent is the credit rating fee, which has an estimated cost of $50,250. However, in the event this transaction was to be delayed, it is anticipated that the credit rating fee can still be financed by the bond issuance at a later financing date. Cumulative savings is estimated at $24.2 million, and savings are projected to average $2.6 million from FY 2023 — 2036. Total net present value savings is approximately $23.4 million over the 21-year term of the POBs. As noted, these savings are based on current interest rates (which could change by the time the City goes to market) and assumed average future investment returns of 188 of 213 6.50% by Ca1PERS. RECOMMENDATIONS That City Council move to adopt a resolution confirming the issuance of POBs and related documents. ATTACHMENTS (this part will go on the cover sheet) 1. Staff Report 2. Resolution Confirming Issuance and Approving Bond Documents 3. Preliminary Official Statement 4. Bond Purchase Agreement 189 of 213 RESOLUTION NO. 2021- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF AN OFFICIAL STATEMENT AND CONTINUING DISCLOSURE CERTIFICATE RELATING TO THE ISSUANCE OF TAXABLE PENSION OBLIGATION BONDS AND APPROVING ADDITIONAL ACTIONS RELATED THERETO WHEREAS, the City of National City (the "City") has previously adopted Resolution No. 2020-201 on October 20, 2020 approving the issuance of the City of National City 2021 Taxable Pension Obligation Bonds in an aggregate principal amount not to exceed $135,000,000 (the "Bonds"), approving the form and authorizing the execution of a Trust Agreement by and between the City and a trustee to be selected by the City (the "Trustee") and a Bond Purchase Agreement by and between the City and an underwriter or underwriters to be selected by the City, and authorizing the filing of judicial validation proceedings relating to the issuance of the Bonds and approving additional actions related thereto; and WHEREAS, the City desires to approve the form of and authorize the execution of an Official Statement and Continuing Disclosure Certificate relating to the Bonds; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: Section 1. The City Council does hereby find and declare that the above recitals are true and correct. Section 2. The form of the Preliminary Official Statement, presented to the City Council at this meeting and on file with the City Clerk, is hereby approved. The City Manager, the Assistant City Manager, the Administrative Services Director, or their written designees (the "Authorized Officers") are hereby authorized to make such changes to the Preliminary Official Statement as are necessary to make it final as of its date and are authorized and directed to execute and deliver a certificate deeming the Preliminary Official Statement final as of its date in accordance with Rule 15c2-12 promulgated under the Securities Exchange Act of 1934. Each of the Authorized Officers is hereby authorized and directed to execute, approve and deliver the final Official Statement, in the form of the Preliminary Official Statement with such changes, insertions and omissions as the Authorized Officer executing said document may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof by one or more of the Authorized Officers. Section 3. The form of the Continuing Disclosure Certificate (the "Continuing Disclosure Certificate"), presented to the City Council at this meeting and on file with the City Clerk, is hereby approved. Each of the Authorized Officers is hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver the Continuing Disclosure Certificate in substantially said form, with such changes therein as the Authorized Officer executing such document may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof. 190 of 213 Section 4. The Authorized Officers are, and each of them hereby is, authorized and directed to execute and deliver any and all documents and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated hereby. Section 5. adoption hereof. This Resolution shall take effect from and after the date of approval and The City Clerk of the City of National City shall certify as to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 19th of October, 2021. ATTEST: LUZ MOLINA, CITY CLERK ALEJANDRA SOTELO-SOLIS, MAYOR 2 191 of 213 CITY OF NATIONAL CITY 2021 TAXABLE PENSION OBLIGATION BONDS BOND PURCHASE AGREEMENT City of National City 1243 National City Blvd. National City, California 91950 Ladies and Gentlemen: , 2021 The undersigned, Hilltop Securities Inc. (the "Underwriter"), offers to enter into this Bond Purchase Agreement (this "Purchase Agreement") with the City of National City, California (the "City"), which, upon the acceptance by the City, will be binding upon the City and the Underwriter. This offer is made subject to acceptance by the City by the execution of this Purchase Agreement and delivery of the same to the Underwriter prior to 11:59 P.M., California time, on the date hereof, and, if not so accepted, will be subject to withdrawal by the Underwriter upon notice delivered to the City at any time prior to the acceptance hereof by the City. Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Trust Agreement (defined herein). Section 1. Purchase and Sale. Upon the terms and conditions and on the basis of the representations, warranties and agreements herein set forth, the Underwriter hereby agrees to purchase from the City, and the City hereby agrees to issue, sell and deliver to the Underwriter all (but not less than all) of the City of National City 2021 Taxable Pension Obligation Bonds (the "Bonds") in the aggregate principal amount of $ . The Bonds shall be dated as of their date of delivery. Interest on the Bonds shall be payable semiannually on June 1 and December 1 in each year, commencing June 1, 2022 (each an "Interest Payment Date") and will bear interest at the rates and on the dates as set forth in Exhibit A hereto. The purchase price for the Bonds shall be $ (which represents the principal amount of the Bonds less an Underwriter's discount of $ ). The Underwriter agrees to make a bona fide public offering of the Bonds at the initial offering yields set forth in the Official Statement (defined herein); however, the Underwriter reserves the right to make concessions to dealers and to change such initial offering yields as the Underwriter shall deem necessary in connection with the marketing of the Bonds. The Underwriter agrees that, in connection with the public offering and initial delivery of the Bonds to the purchasers thereof from the Underwriter, the Underwriter will deliver or cause to be delivered to each purchaser a copy of the final Official Statement prepared in connection with the Bonds, for the time period required under Rule 15c2-12 promulgated under the Securities Exchange Act of 1934, as amended ("Rule 15c2- 12"). Terms defined in the Preliminary Official Statement, and to be set forth in the final Official Statement are used herein as so defined. 4836-0655-4876v2/200640-0016 192 of 213 The City acknowledges and agrees that: (i) the purchase and sale of the Bonds pursuant to this Purchase Agreement is an arm's-length commercial transaction between the City and the Underwriter; (ii) in connection therewith and with the discussions, undertakings and procedures leading up to the consummation of such transaction, the Underwriter is and has been acting solely as a principal and is not acting as a municipal advisor (as defined in Section 15B of the Securities Exchange Act of 1934, as amended), financial advisor or fiduciary; (iii) the Underwriter has not assumed an advisory or fiduciary responsibility in favor of the City with respect to the offering contemplated hereby or the discussions, undertakings and procedures leading thereto (irrespective of whether the Underwriter has provided other services or is currently providing other services to the City on other matters); (iv) the only obligations the Underwriter has to the City with respect to the transaction contemplated hereby expressly are set forth in this Purchase Agreement; and (v) the City has consulted its own financial and/or municipal, legal, accounting, tax, fmancial and other advisors, as applicable, to the extent it has deemed appropriate. Section 2. The Bonds. The Bonds are being issued pursuant to Articles 10 and 11 (commencing with Section 53570) of Chapter 3 of Part 1 of Division 2 of Title 5 of the California Government Code (the "Refunding Law") and the Trust Agreement, dated as of 1 (the "Trust Agreement"), by and between the City and , as trustee (together with any successor as trustee under the Trust Agreement, the "Trustee"). The Bonds shall be obligations of the City payable from any lawfully available funds, shall not be limited as to payment to any special source of funds of the City and the payment thereof shall not be subject to appropriation. The Bonds do not constitute an obligation of the City for which the City is obligated to levy or pledge any form of taxation or for which the City has levied or pledged any form of taxation. The Bonds otherwise shall be as described in the Preliminary Official Statement and the Official Statement, the Refunding Law and the Legal Documents. The Underwriter's agreement to purchase the Bonds from the City is made in reliance upon the City's representations, covenants and warranties and on the terms and conditions set forth in this Purchase Agreement. The City is obligated by the Public Employees' Retirement Law, constituting Part 3 of Division 5 of Title 2 of the California Government Code (the "Retirement Law"), and the contract between the Board of Administration of the California Public Employees' Retirement System ("PERS"), established under Government Code sections 20000 through 21500 of (the "Retirement Law"), and the City Council of the City, effective October 1, 1948 (as amended, the "PERS Contract"), to make contributions to PERS to (a) fund pension benefits for its employees who are members of PERS, (b) amortize the unfunded actuarial liability with respect to such pension benefits, and (c) appropriate funds for the purposes described in (a) and (b). The proceeds of the Bonds will be used to: (i) pay all of the City's unamortized, unfunded accrued actuarial liability with respect to pension benefits under the Retirement Law (the "Unfunded Liability"); and (ii) pay certain costs associated with the issuance and delivery of the Bonds. Section 3. Public Offering. The Underwriter agrees to make an initial public offering of all the Bonds at the public offering prices (or yields) set forth on Exhibit A attached hereto and incorporated herein by reference. Subsequent to the initial public offering, the Underwriter reserves the right to change the public offering prices (or yields) as it deems necessary in connection with the marketing of the Bonds, provided that the Underwriter shall not change the interest rates set forth on Exhibit A. The Bonds may be offered and sold to certain dealers at prices lower than such initial public offering prices. 2 4836-0655-4876v2/200640-0016 193 of 213 Section 4. The Official Statement. By its acceptance of this Purchase Agreement, the City ratifies, confirms and approves of the use and distribution by the Underwriter prior to the date hereof of the Preliminary Official Statement relating to the Bonds, dated , 2021 (including the cover page, all appendices and all information incorporated therein and any supplements or amendments thereto and as disseminated in its printed physical form or in electronic form in all respects materially consistent with such physical form, the "Preliminary Official Statement") that the City has deemed "final" as of its date, for purposes of Rule 15c2-12 promulgated under the Securities Exchange Act of 1934, as amended ("Rule 15c2-12") except for certain omissions permitted to be omitted therefrom by Rule 15c2-12. The City hereby agrees to deliver or cause to be delivered to the Underwriter, within seven (7) business days of the date hereof, copies of the final official statement, dated the date hereof, relating to the Bonds (including all information previously permitted to have been omitted by Rule 15c2-12, the cover page, all appendices, all information incorporated therein and any amendments or supplements as have been approved by the City and the Underwriter (the "Official Statement"), in the designated electronic format to comply with Rule 15c2-12(b)(4) and the rules of the Municipal Securities Rulemaking Board (the "MSRB"). To the extent required by applicable MSRB Rules, the City hereby confirms that it does not object to distribution of the Official Statement in electronic form. Section 5. Closing. At 8:00 a.m., California time, on , 2021, or at such other time or date as the City and the Underwriter mutually agree upon, the City shall deliver or cause to be delivered to the Trustee, and the Trustee shall deliver or cause to be delivered through the facilities of The Depository Trust Company, New York, New York ("DTC"), the Bonds in definitive form, duly executed and authenticated. Concurrently with the delivery of the Bonds, the City shall deliver the documents hereinafter mentioned at the offices of Kutak Rock LLP, Irvine, California ("Bond Counsel") or another place to be mutually agreed upon by the City and the Underwriter. The Underwriter will accept such delivery and pay the purchase price of the Bonds as set forth in Section 1 hereof by wire transfer in immediately available funds. This payment for and delivery of the Bonds, together with the delivery of the aforementioned documents referenced herein, is called the "Closing." The Bonds shall be registered in the name of Cede & Co., as nominee of DTC in denominations of $5,000 and any integral multiple thereof as provided in the Trust Agreement and shall be made available to the Underwriter at least one (1) business day before the Closing for purposes of inspection and packaging. The City acknowledges that the services of DTC will be used initially by the Underwriter to permit the issuance of the Bonds in book -entry form and agrees to cooperate fully with the Underwriter in employing such services. Section 6. Representations, Warranties and Covenants of the City. The City represents, warrants and covenants to the Underwriter as follows. (a) The City is a municipal corporation of the State of California (the "State"), duly organized and validly existing pursuant to the Constitution and laws of the State. (b) The City had full legal right, power and authority to adopt the Resolutions (the "Resolutions") approving and authorizing the execution and delivery of the Bonds, the Trust Agreement, the Purchase Agreement, and the Continuing Disclosure Certificate, and approving and authorizing the issuance of the Bonds and the delivery of the Official Statement and certain other actions of the City, and the City has, and at the Closing Date will have, full legal right, power and authority (i) to execute and deliver the Trust Agreement, the Continuing Disclosure Certificate 3 4836-0655-4876v2/200640-0016 194 of 213 relating to the Bonds (the "Continuing Disclosure Certificate"), and this Purchase Agreement (collectively, the "Legal Documents"), to perform its obligations under the Legal Documents, and has by official action duly authorized and approved the execution and delivery of, and the performance by the City of the obligations on its part contained in the Legal Documents, (ii) to issue, sell and deliver the Bonds to the Underwriter as provided herein, and (iii) to carry out, give effect to and consummate the transactions contemplated by the Legal Documents and the Resolutions. (c) The City Council has duly and validly adopted the Resolutions at meetings of the City Council duly noticed and at which quorums were present and acting throughout, and the Resolutions have not been modified or amended and are in full force and effect, and has duly approved the execution and delivery of the Bonds and the other Legal Documents, and the performance by the City of its obligations contained therein, and the taking of any and all action as may be necessary to carry out, give effect to and consummate the transactions contemplated by each of said documents. (d) The Bonds and the other Legal Documents have been, on or before the Closing Date will be, duly executed and delivered by the City, and, on the Closing Date, the Bonds, when authenticated and delivered to the Underwriter in accordance with the Trust Agreement, and the other Legal Documents will constitute legally valid and binding obligations, enforceable against the City in accordance with their respective terms, except as such enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium, or similar laws or equitable principles relating to or limiting creditors' rights generally, and the Bonds, when duly issued and authenticated in accordance with the Trust Agreement and delivered to the Underwriter as provided herein will be entitled to the benefits of the Trust Agreement and payable from the sources therein specified. (e) The Trust Agreement and the Bonds conform to the descriptions thereof contained in the Preliminary Official Statement and the Official Statement. (f) The City is, and at the Closing Date will be, in compliance, in all respects, with the Legal Documents. (g) The City is not in breach of or default under any applicable law or administrative regulation of the State or the United States of America or any applicable judgment or decree or any loan agreement, indenture, bond, note, resolution, agreement or other instrument to which the City is a party or is otherwise subject, and no event has occurred and is continuing which, with the passage of time or the giving of notice, or both, would constitute a default or an event of default under any such instrument, in each case which breach or default has or may have a material adverse effect on the ability of the City to perform its obligations under the Legal Documents. (h) No consent, approval, authorization or other action by any governmental or regulatory authority having jurisdiction over the City, other than the City Council, that has not been obtained is or will be required for the issuance and delivery of the Bonds or the consummation by the City of the other transactions contemplated by the Trust Agreement. (i) The adoption of the Resolutions and the execution and delivery by the City of the Legal Documents and the approval by the City of the Official Statement and compliance with the provisions on the City's part contained in the Legal Documents, will not conflict with, or result in a violation or breach of, or constitute a default under, any law, administrative regulation, judgment, decree, loan agreement, indenture, trust agreement, bond, note, resolution, agreement or other 4 4836-0655-4876v2/200640-0016 195 of 213 instrument to which the City is a party or is otherwise subject to, which conflict, breach or default has or may have a material adverse effect on the ability of the City to carry out its obligations under the Legal Documents, nor will any such execution, delivery, adoption or compliance result in the creation or imposition of any material lien, charge or other security interest or encumbrance of any nature whatsoever upon any of the properties or assets of City under the terms of any such law, administrative regulation, judgment, decree, loan agreement, indenture, trust agreement, bond, note, resolution, agreement or other instrument, except as provided by the Legal Documents. (j) All approvals, consents and orders of any governmental authority, board, agency, council, commission or other body having jurisdiction which would constitute a condition precedent to the performance by the City of its obligations hereunder and under the Legal Documents have been obtained; provided, that the City makes no representations as to any approvals, consents or other actions which may be necessary to qualify the Bonds for offer and sale under Blue Sky or other state securities laws or regulations. (k) Between the date hereof and the Closing, the City shall not, without the prior written consent of the Underwriter, offer or issue in any material amount any bonds, notes or other obligations for borrowed money, or incur any material liabilities, direct or contingent, except in the course of normal business operations of the City or except for such borrowings as may be described in or contemplated by the Official Statement. (1) The City will furnish such information, execute such instruments and take such other action in cooperation with the Underwriter as the Underwriter may reasonably request to qualify the Bonds for offer and sale under the Blue Sky or other securities laws and regulations of such states and other jurisdictions of the United States as the Underwriter may designate and to provide for the continuance of such qualification; provided, however, that the City will not be required to qualify as a foreign corporation or to file any general or special consents to service of process under the laws of any state. (m) Prior to the date hereof, the City has provided to the Underwriter for its review the Preliminary Official Statement, that the City has deemed final for purposes of Rule 15c2-12, has approved the distribution of the Preliminary Official Statement and the Official Statement, and has duly authorized the execution and delivery of the Official Statement (including in electronic form). The Preliminary Official Statement, at the date thereof, and as of the date hereof, did not and does not contain any untrue statement of a material fact or omit to state any material fact necessary to make the statements therein (other than the information relating to DTC and its book -entry system, as to which no view is expressed), in light of the circumstances under which they were made, not misleading. As of the date hereof and on the Closing, the Official Statement did not and will not contain any untrue statement of a material fact or omit to state any material fact necessary to make the statements therein (other than the information relating to DTC and its book -entry system, as to which no view is expressed), in light of the circumstances under which they were made, not misleading. (n) By official action of the City prior to or concurrently with the acceptance hereof, the City has duly approved the distribution of the Preliminary Official Statement and the distribution of the Official Statement (including in electronic form), and has duly authorized and approved the execution and delivery of, and the performance by the City of the obligations on its part contained, in the Legal Documents. 5 4836-0655-4876v2/200640-0016 196 of 213 (o) The City will advise the Underwriter promptly of any proposal to amend or supplement the Official Statement and will not effect or consent to any such amendment or supplement without the consent of the Underwriter, which consent will not be unreasonably withheld. The City will advise the Underwriter promptly of the institution of any proceedings known to it by any governmental authority prohibiting or otherwise affecting the use of the Official Statement in connection with the offering, sale or distribution of the Bonds. (p) The financial statements relating to the receipts, expenditures and cash balances of the City as of June 30, 2020 as set forth in the Preliminary Official Statement and in the Official Statement fairly represent the financial position and results of operations of the City as of the dates and for the periods therein set forth in accordance with generally accepted accounting principles. Except as disclosed in the Preliminary Official Statement, the Official Statement or otherwise disclosed in writing to the Underwriter, there has not been any materially adverse change in the financial position and results of operations of the City or in its operations since June 30, 2020 and, except as disclosed in the Preliminary Official Statement, the Official Statement or otherwise disclosed in writing to the Underwriter, there has been no occurrence, circumstance or combination thereof which is reasonably expected to result in any such materially adverse change. (q) As of the time of acceptance hereof and as of the date of Closing, no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, government agency, public board or body, is pending or, to the knowledge of the City, threatened (i) in any way questioning the corporate existence of the City or the titles of the officers of the City to their respective offices; (ii) affecting, contesting or seeking to prohibit, restrain or enjoin the execution or delivery of any of the Bonds, or in any way contesting or affecting the validity of the Bonds or the Legal Documents or the consummation of the transactions contemplated thereby or contesting the power of the City to enter into the Legal Documents; (iii) which may result in any material adverse change to the financial condition of the City or to its ability to make payment of principal or redemption price of and interest on the Bonds when due; or (iv) contesting the completeness or accuracy of the Preliminary Official Statement or the Official Statement or any supplement or amendment thereto or asserting that the Preliminary Official Statement or the Official Statement contained any untrue statement of a material fact or omitted to state any material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, and there is no basis for any action, suit, proceeding, inquiry or investigation of the nature described in clause (i) through (iv) of this sentence. (r) In order to assist the Underwriter in complying with Rule 15c2-12, the City will undertake, pursuant to the Continuing Disclosure Certificate, to provide annual reports and notices of the occurrence of specified events. A description of this undertaking is set forth in the Preliminary Official Statement and will also be set forth in the Official Statement. Except as otherwise disclosed in the Preliminary Official Statement, the City has not failed to comply in all material respects with any previous undertakings with regard to Rule 15c2-12 to provide annual reports or notices of enumerated events in the past five years and, the City has been in material compliance during the past five years with its continuing disclosure obligations in accordance with Rule 15c2-12. (s) Any certificate signed by any officer of the City authorized to execute such certificate in connection with the issuance, sale and delivery of the Bonds and delivered to the Underwriter shall be deemed a representation and warranty of the City to the Underwriter as to the statements made therein but not of the person signing such certificate. 6 4836-0655-4876v2/200640-0016 197 of 213 (t) The City will promptly apply the proceeds of the Bonds to refund the Unfunded Liability as of the date of issuance of the Bonds and to pay costs associated with the issuance and delivery of the Bonds. (u) During the period from the date hereof until the Closing Date, the City agrees to furnish the Underwriter with copies of any documents it files with any regulatory authority which are reasonably requested by the Underwriter. (v) The City is not in material default, nor has the City been in material default at any time, as to the payment of principal or interest with respect to a material obligation issued by the City or with respect to a material obligation guaranteed by the City as guarantor. (w) As of the date hereof, the City does not have any revenue bonds, capital lease obligations, installment payment obligations or other material financial obligation, nor other material obligations secured by payments from the general fund of the City, except as disclosed in the Preliminary Official Statement and the Official Statement. (x) The default judgment dated June 15, 2021 entered in favor of the City in connection with City of National City v. All Persons Interested, etc. was duly entered, the appeal period has run without any appeal having been filed, and the default judgment is in full force and effect. (y) The City had, prior to the adoption of the Resolution, and has, in full force and effect, a Debt Management Policy that complies with Government Code Section 8855(i). Section 7. Conditions to the Obligations of the Underwriter. The Underwriter has entered into this Purchase Agreement in reliance upon the representations and warranties of the City contained herein. The obligations of the Underwriter to accept delivery of and pay for the Bonds on the date of the Closing shall be subject, at the option of the Underwriter, to the accuracy in all respects of the statements of the officers and other officials of the City, as well as authorized representatives of the City Attorney, Bond Counsel, Disclosure Counsel and the Trustee made in any certificates or other documents furnished pursuant to the provisions hereof, to the performance by the City of its obligations to be performed hereunder at or prior to the date of the Closing, and to the following additional conditions: (a) The representations, warranties and covenants of the City contained herein shall be true, complete and correct at the date hereof and at the time of the Closing, as if made on the date of the Closing; (b) At the time of Closing, the Legal Documents shall be in full force and effect as valid and binding agreements between or among the various parties thereto, and the Legal Documents and the Preliminary Official Statement and the Official Statement shall not have been amended, modified or supplemented except as may have been agreed to in writing by the Underwriter, and all such reasonable actions as, in the opinion of Bond Counsel, shall reasonably deem necessary in connection with the transactions contemplated hereby; (c) At the time of the Closing, no default shall have occurred or be existing under the Legal Documents, or any other agreement or document pursuant to which any of the City's financial obligations were executed and delivered, and the City shall not be in default in the payment of principal or interest with respect to any of its financial obligations, which default would result in any 7 4836-0655-4876v2/200640-0016 198 of 213 material adverse change to the financial condition of the City or adversely impact its ability to make payment of principal or redemption price of and interest on the Bonds when due; (d) In recognition of the desire of the City and the Underwriter to effect a successful public offering of the Bonds, and in view of the potential adverse impact of any of the following events on such a public offering, this Purchase Agreement shall be subject to termination in the absolute discretion of the Underwriter by notification, in writing, to the City prior to delivery of and payment for the Bonds, if at any time prior to such time, regardless of whether any of the following statements of fact were in existence or known of on the date of this Purchase Agreement: (i) there shall have occurred (1) an outbreak or escalation of hostilities or the declaration by the United States of a national emergency or war or (2) any other calamity or crisis in the financial markets of the United States or elsewhere or the escalation of such calamity or crisis; or (ii) a general banking moratorium shall have been declared by federal, State or New York authorities, or the general suspension of trading on any national securities exchange; or (iii) a general suspension of trading on the New York Stock Exchange or other major exchange shall be in force, or minimum or maximum prices for trading shall have been fixed and be in force, or maximum ranges for prices for securities shall have been required and be in force on any such exchange, whether by virtue of determination by that exchange or by order of the SEC or any other governmental authority having jurisdiction; or (iv) any event shall occur which makes untrue any statement or results in an omission to state a material fact necessary to make the statements in the Preliminary Official Statement and the Official Statement, in the light of the circumstances under which they were made, not misleading, which event, in the reasonable opinion of the Underwriter would materially or adversely affect the ability of the Underwriter to market the Bonds; or (v) any legislation, ordinance, rule or regulation shall be introduced in, or be enacted by any governmental body, department or agency of the State, or a decision by any court of competent jurisdiction within the State shall be rendered which materially adversely affects the market price of the Bonds; or (vi) the marketability of the Bonds or the market price thereof, in the reasonable opinion of the Underwriter, has been materially adversely affected by an amendment to the Constitution of the United States of America or by any legislation in or by the Congress of the United States of America or by the State, or the amendment of legislation pending as of the date of this Purchase Agreement in the Congress of the United States of America, or the recommendation to Congress or endorsement for passage (by press release, other form of notice or otherwise) of legislation by the President of the United States of America, the Treasury Department of the United States of America, the Internal Revenue Service or the Chairman or ranking minority member of the Committee on Finance of the United States Senate or the Committee on Ways and Means of the United States House of Representatives, or the proposal for consideration of legislation by either such Committee or by any member thereof, or the presentment of legislation for consideration as an option by either such Committee, or by the staff of the Joint Committee on Taxation of the Congress of the United States of America, or the favorable reporting for passage of legislation to either House of the Congress of the United States of America by a Committee of such House to which such legislation has been referred for consideration; or 8 4836-0655-4876v2/200640-0016 199 of 213 (vii) an order, decree or injunction shall have been issued by any court of competent jurisdiction, or order, ruling, regulation (final, temporary or proposed), official statement or other form of notice or communication issued or made by or on behalf of the Securities and Exchange Commission, or any other governmental agency having jurisdiction of the subject matter, to the effect that: (i) obligations of the general character of the Bonds, or the Bonds, including any or all underlying arrangements, are not exempt from registration under the Securities Act of 1933, as amended, or that the Trust Agreement is not exempt from qualification under the Trust Indenture Act of 1939; or (ii) the issuance, offering or sale of obligations of the general character of the Bonds, or the issuance, offering or sale of the Bonds, including any or all underlying obligations, as contemplated hereby or by the Preliminary Official Statement and the Official Statement, is or would be in violation of the federal securities laws as amended and then in effect; or (viii) legislation shall be introduced, by amendment or otherwise, or be enacted by the House of Representatives or the Senate of the Congress of the United States of America, or a decision by a court of the United States of America shall be rendered, or a stop order, ruling, regulation or official statement by or on behalf of the Securities and Exchange Commission or other governmental agency having jurisdiction of the subject matter shall be made or proposed, to the effect that the issuance, offering or sale of obligations of the general character of the Bonds, as contemplated hereby or by the Preliminary Official Statement and the Official Statement, is or would be in violation of any provision of the Securities Act of 1933, as amended and as then in effect, or the Securities Exchange Act of 1934, as amended and as then in effect, or the Trust Indenture Act of 1939, as amended and as then in effect, or with the purpose or effect of otherwise prohibiting the issuance, offering or sale of the Bonds or obligations of the general character of the Bonds, as contemplated hereby or by the Preliminary Official Statement and the Official Statement; or (ix) additional material restrictions not in force as of the date hereof shall have been imposed upon trading in securities generally by any governmental authority or by any national securities exchange, which, in the Underwriter's reasonable opinion, materially adversely affects the marketability or market price of the Bonds or the ability of the Underwriter to enforce contracts for the sale of the Bonds; or (x) a material disruption in securities settlement, payment or clearance services affecting the Bonds shall have occurred; or (xi) the New York Stock Exchange, or other national securities exchange or association or any governmental authority, shall impose as to the Bonds, or obligations of the general character of the Bonds, any material restrictions not now in force, or increase materially those now in force, with respect to the extension of credit by or the charge to the net capital requirements of broker dealers; or (xii) any proceeding shall be pending or threatened by the Securities and Exchange Commission against the City; or (xiii) trading in securities on the New York Stock Exchange or the American Stock Exchange shall have been suspended or limited or minimum prices have been established on either such exchange which, in the Underwriter's reasonable opinion, materially adversely affects the marketability or market price of the Bonds or the ability of the Underwriter to enforce contracts for the sale of the Bonds; or 9 4836-0655-4876v2/200640-0016 200 of 213 (xiv) any rating of the Bonds or the rating of any general fund obligations of the City shall have been downgraded, suspended or withdrawn or placed on negative outlook or negative watch by a national rating service, which, in the reasonable opinion of the Underwriter, materially adversely affects the marketability or market price of the Bonds or the ability of the Underwriter to enforce contracts for the sale of the Bonds; or (xv) the marketability of the Bonds or the market price thereof, in the reasonable opinion of the Underwriter, has been materially and adversely affected by disruptive events, occurrences or conditions in the securities or debt markets; or (xvi) any action shall have been taken by any government in respect of its monetary affairs which, in the reasonable opinion of the Underwriter, has a material adverse effect on the United States securities market, rendering the marketing and sale of the Bonds, or enforcement of sale contracts with respect thereto impracticable; or (xvii) the commencement of any action, suit or proceeding described in Section 6(m); or (xviii) a material disruption in securities settlement, payment or clearance services affecting the Bonds shall have occurred, which, in the reasonable opinion of the Underwriter, materially adversely affects the marketability or market price of the Bonds or the ability of the Underwriter to enforce contracts for the sale of the Bonds. (e) at or prior to the Closing, the Underwriter shall receive or have received the following documents, in each case to the reasonable satisfaction, in form and substance, of the Underwriter and Stradling Yocca Carlson & Rauth, a Professional corporation ("Underwriter's Counsel"): (i) a copy of the default judgment, dated June 15, 2021, entered in favor of the City in connection with City of National City v. All Persons Interested, etc., Case No. 37-2020- 00045564-CU-MC-CTL, filed in the Superior Court of California, County of San Diego (the "Validation Action"); (ii) all resolutions relating to the Bonds adopted by the City and certified by an authorized official of the City, authorizing the execution and delivery of the Legal Documents and the delivery of the Bonds and the Official Statement, including the Resolutions; (iii) the Legal Documents duly executed and delivered by the respective parties thereto, with only such amendments, modifications or supplements as may have been agreed to in writing by the Underwriter; and (iv) the approving opinion of Bond Counsel, dated the date of Closing and addressed to the City, in substantially the form attached as Appendix D to the Preliminary the Official Statement and the Official Statement, together with a reliance letter thereon addressed to the Underwriter; (v) a supplemental opinion of Bond Counsel dated the date of Closing and addressed to the Underwriter, to the effect that: 10 4836-0655-4876v2/200640-0016 201 of 213 (A) the statements on the cover of the Official Statement and in the Official Statement under the captions "INTRODUCTION," "THE BONDS," "SECURITY AND SOURCE OF PAYMENT FOR THE BONDS," "TAX MATTERS," and "VALIDATION," and in APPENDIX C — "SUMMARY OF CERTAIN PROVISIONS OF THE TRUST AGREEMENT," APPENDIX D — "PROPOSED FORM OF BOND COUNSEL OPINION" and APPENDIX E — "FORM OF CONTINUING DISCLOSURE CERTIFICATE," and excluding any material that may be treated as included under such captions and appendices by any cross-reference, insofar as such statements expressly summarize provisions of the Bonds, the Trust Agreement, the Validation Action, and Bond Counsel's fmal opinion relating to the Bonds, are accurate in all material respects as of the date of Closing; (B) the Purchase Agreement has been duly authorized, executed and delivered by the City and is the valid, legal and binding agreement of the City enforceable in accordance with its terms, except that the rights and obligations under the Purchase Agreement are subject to bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance and other similar laws affecting creditors' rights, to the application of equitable principles if equitable remedies are sought, to the exercise of judicial discretion in appropriate cases and to limitations on legal remedies against public agencies in the State, and provided that no opinion is expressed with respect to any indemnification or contribution provisions contained therein; and (C) the Bonds are not subject to the registration requirements of the Securities Act of 1933, as amended, and the Trust Agreement is exempt from qualification under the Trust Indenture Act of 1939, as amended; (vi) the Official Statement, executed on behalf of the City; (vii) evidence that the rating on the Bonds is as described in the Official Statement; (viii) a certificate, dated the date of Closing, signed by a duly authorized officer of the City satisfactory in form and substance to the Underwriter to the effect that: (i) the representations, warranties and covenants of the City contained in this Purchase Agreement are true and correct in all material respects on and as of the date of Closing with the same effect as if made on the date of the Closing by the City, and the City has complied with all of the terms and conditions of the Purchase Agreement required to be complied with by the City at or prior to the date of Closing; (ii) to the best of such officer's knowledge, no event affecting the City has occurred since the date of the Official Statement which should be disclosed in the Official Statement for the purposes for which it is to be used or which is necessary to disclose therein in order to make the statements and information therein not misleading in any material respect; (iii) the information and statements contained in the Official Statement (other than information relating to DTC and its book entry system) did not as of its date and do not as of the Closing contain an untrue statement of a material fact or omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading in any material respect; (iv) the City is not in breach of or default under any applicable law or administrative regulation of the State or the United States of America or any applicable judgment or decree or any loan agreement, indenture, bond, note, resolution, agreement or other instrument to which the City is a party or is otherwise subject, which would have a material adverse impact on the City's ability to perform its obligations under the Legal Documents, and no event has occurred and is continuing which, with the passage of time or the giving of notice, or both, would constitute such a default or an event of default under any 11 4836-0655-4876v2/200640-0016 202 of 213 such instrument; (v) no further consent is required for inclusion of its audited financial statements in the Preliminary Official Statement and the Official Statement; and (vi) other than as disclosed in the Preliminary Official Statement and the Official Statement, there is no action, suit, proceeding or investigation at law or in equity before or by any court or governmental agency or body pending, or threatened, against the City, nor to the best knowledge and belief of the City is there any basis therefor, to restrain or enjoin the application by the City of its funds as described in the Official Statement as security for the Bonds, or in any way contesting or affecting the validity of any of the Legal Documents, or contesting the powers of the City to enter into or perform its obligations under any of the Legal Documents; (ix) an opinion dated the date of Closing and addressed to the Underwriter, the Trustee and the Bond Counsel, of the City Attorney of the City of National City, substantially in the form attached as Exhibit B hereto; (x) a letter of Kutak Rock LLP, Irvine, California, Disclosure Counsel to the City dated the date of Closing and addressed to the Underwriter substantially to the effect that, on the basis of the information made available to them in the course of their participation in the preparation of the Official Statement as disclosure counsel, but without having undertaken to determine or verify independently, or assuming any responsibility for, the accuracy, completeness or fairness of any of the statements contained in the Official Statement, no facts have come to the attention of the personnel in such firm directly involved in rendering legal advice and assistance to the City in connection with the preparation of the Official Statement which caused them to believe that (A) the Preliminary Official Statement as of its date or as of the date of this Purchase Agreement (excluding therefrom financial, demographic and statistical data; forecasts, projections, estimates, assumptions and expressions of opinions; statements relating to DTC, Cede & Co. and the operation of the book - entry system; statements relating to the treatment of the Bonds or the interest, discount or premium, if any, thereon or therefrom for tax purposes under the law of any jurisdiction; and the statements contained in the Preliminary Official Statement under the captions "TAX MATTERS," and in Appendices A through D and Appendix F to the Preliminary Official Statement; as to all of which they express no view) contained any untrue statement of a material fact or omitted to state a material fact necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading, except for such information as is permitted to be excluded from the Preliminary Official Statement pursuant to Rule 15c2-12 of the Securities Exchange Act of 1934, as amended, including but not limited to information as to pricing, yields, interest rates, maturities, amortization, redemption provisions, debt service requirements, Underwriter's discount and CUSIP numbers or (B) the Official Statement as of its date or as of the Closing Date (excluding therefrom financial, demographic and statistical data; forecasts, projections, estimates, assumptions and expressions of opinions; statements relating to DTC, Cede & Co. and the operation of the book - entry system, statements relating to the treatment of the Bonds or the interest, discount or premium, if any, thereon or therefrom for tax purposes under the law of any jurisdiction; and the statements contained in the Official Statement under the captions "TAX MATTERS," and in Appendices A through D and Appendix F to the Official Statement; as to all of which they express no view) contained or contains any untrue statement of a material fact or omitted or omits to state a material fact necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading; (xi) an opinion of counsel to the Trustee, addressed to the Underwriter and the City, dated the date of the Closing, to the effect that: 12 4836-0655-4876v2/200640-0016 203 of 213 (A) the Trustee is a national banking association duly organized and validly existing under the laws of the United States of America, having full corporate power to undertake the trust created under the Trust Agreement; (B) the Trust Agreement has been duly authorized, executed and delivered by the Trustee and, assuming due authorization, execution and delivery by the other parties thereto, the Trust Agreement constitutes the valid, legal and binding obligations of the Trustee enforceable in accordance with their terms, except as enforcement thereof may be limited by bankruptcy, insolvency or other laws affecting the enforcement of creditors' rights generally and by the application of equitable principles, if equitable remedies are sought; (C) the Trustee has duly authenticated the Bonds upon the order of City; (D) the Trustee's actions in executing and delivering the Trust Agreement are in full compliance with, and do not conflict with any applicable law or governmental regulation and, to the best of such counsel's knowledge, after reasonable inquiry with respect thereto, do not conflict with or violate any contract to which the Trustee is a party or any administrative or judicial decision by which the Trustee is bound; (E) no consent, approval, authorization or other action by any governmental or regulatory authority having jurisdiction over the banking or trust powers of the Trustee that has not been obtained is or will be required for the execution and delivery of the Bonds or the consummation by the Trustee of its obligations under the Trust Agreement; and (F) there is no action, suit, proceeding, inquiry or investigation at law or in equity before or by any court or public body pending or, to the best of such counsel's knowledge, threatened against or affecting the Trustee, which would materially adversely impact the Trustee's ability to complete the transactions contemplated by the Trust Agreement. (xii) a certificate, dated the date of Closing, signed by a duly authorized officer of the Trustee satisfactory in form and substance to the Underwriter, to the effect that: (A) the Trustee is duly organized and existing as a national banking association under the laws of the United States of America, having the full corporate power and authority to enter into and perform its duties under the Trust Agreement; (B) the Trustee is duly authorized to enter into the Trust Agreement and has duly executed and delivered the Trust Agreement, and assuming due authorization and execution by the other parties thereto, the Trust Agreement is legal, valid and binding upon the Trustee and enforceable against such party in accordance with its terms; (C) the Trustee has duly authenticated the Bonds under the Trust Agreement and delivered the Bonds to or upon the order of the Underwriter; (D) no consent, approval, authorization or other action by any governmental or regulatory authority having jurisdiction over the banking or trust powers of the Trustee that has not been obtained is required for the execution and delivery of the Bonds or the consummation by the Trustee of its obligations under the Trust Agreement; and 13 4836-0655-4876v2/200640-0016 204 of 213 (E) there is no action, suit, proceeding, inquiry or investigation at law or in equity before or by any court or public body pending or, to the best of such counsel's knowledge, threatened against or affecting the Trustee, which would materially adversely impact the Trustee's ability to complete the transactions contemplated by the Trust Agreement. (xiii) the preliminary and final forms required to be delivered to the California Debt and Investment Advisory Commission pursuant to Section 53583 of the Government Code of the State of California and Section 8855(i) and (j) of the Government Code; (xiv) a copy of the executed Blanket Issuer Letter of Representations by and between the City and DTC relating to the book -entry system; (xv) an opinion of Underwriter's Counsel, in form and substance acceptable to the Underwriter; (xvi) a Rule 15c2-12 certificate, dated the date of the Preliminary Official Statement and executed by the City; (xvii) such additional legal opinions, proceedings, instruments or other documents as the Underwriter or Underwriter's Counsel may reasonably request. If the City shall be unable to satisfy the conditions to the obligations of the Underwriter to purchase, accept delivery of and pay for the Bonds contained in this Purchase Agreement, this Purchase Agreement shall terminate, and except as set forth in Section 9 hereof, neither the Underwriter nor the City shall be under further obligation hereunder. Section 8. Changes in Official Statement. Within 90 days after the Closing or within 25 days following the "end of the underwriting period" (as defined in Rule 15c2-12), whichever occurs first, if any event relating to or affecting the Bonds, the Trustee, or the City shall occur as a result of which it is necessary, in the reasonable opinion of the Underwriter, to amend or supplement the Official Statement in order to make the Official Statement not misleading in any material respect in the light of the circumstances existing at the time it is delivered to a purchaser, the City will forthwith prepare and furnish to the Underwriter an amendment or supplement that will amend or supplement the Official Statement so that it will not contain an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances existing at the time the Official Statement is delivered to purchaser, not misleading. The City shall cooperate with the Underwriter in the filing by the Underwriter of such amendment or supplement to the Official Statement with the MSRB. The Underwriter acknowledges that the "end of the underwriting period" will be the date of Closing unless the Underwriter otherwise notifies the City in writing that it still owns some or all of the Bonds. Section 9. Expenses. (a) Whether or not the Underwriter accepts delivery of and pays for the Bonds as set forth herein, it shall be under no obligation to pay, and the City shall pay out of the proceeds of the Bonds or any other legally available funds of the City, all expenses incidental to the performance of the City's obligations hereunder, including but not limited to the cost of printing and delivering the Legal Documents to the Underwriter, the costs of printing and shipping and electronic distribution of the Preliminary Official Statement and the Official Statement in reasonable quantities, the fees and disbursements of the City, the Trustee and its counsel, Bond Counsel, Disclosure Counsel, City Attorney, the City's actuary, accountants, engineers, appraisers, economic 14 4836-0655-4876v2/200640-0016 205 of 213 consultants and any other experts or consultants retained by the City in connection with the issuance and sale of the Bonds, rating agency fees, advertising expenses, and any other expenses not specifically enumerated in paragraph (b) of this section incurred in connection with the issuance and sale of the Bonds. The City shall pay out of the proceeds of the Bonds, for any expenses incurred by the Underwriter on behalf of the City's employees and representatives which are incidental to implementing this Purchase Agreement, including meals, transportation, and lodging of those employees and representatives. (b) Whether or not the Bonds are delivered to the Underwriter as set forth herein, the City shall be under no obligation to pay, and the Underwriter shall be responsible for and pay (which may be included as an expense component of the Underwriter's discount), MSRB, CUSIP Bureau and CDIAC fees and expenses to qualify the Bonds for sale under any "blue sky" laws, and all other expenses incurred by the Underwriter in connection with its public offering and distribution of the Bonds not specifically enumerated in paragraph (a) of this section, including the cost of preparing this Purchase Agreement and other Underwriter documents, travel expenses and the fees and disbursements of Underwriter's Counsel. The City acknowledges that it has had an opportunity, in consultation with such advisors as it may deem appropriate, if any, to evaluate and consider the fees and expenses being incurred as part of the issuance of the Bonds. Section 10. Notices. Any notice or other communication to be given to the Underwriter under this Purchase Agreement may be given by delivering the same in writing to Hilltop Securities Inc., 2533 South Coast Highway 101, Suite 250, Cardiff, California 92007, Attention: Todd Smith, Senior Vice President, Managing Director. Any notice or communication to be given to the City under this Purchase Agreement may be given by delivering the same in writing to the City of National City, 1243 National City Blvd., National City, California 91950, Attention: City Manager. All notices or communications hereunder by any party shall be given and served upon each other party. Section 11. Parties in Interest. This Purchase Agreement is made solely for the benefit of the City and the Underwriter (including the successors or assigns thereof) and no other person shall acquire or have any right hereunder or by virtue hereof. All representations, warranties and agreements of the City in this Purchase Agreement shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Underwriter and shall survive the delivery of and payment for the Bonds. Section 12. Complete Agreement; Counterparts. This Purchase Agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes all oral statements, prior writings and representations with respect thereto This Purchase Agreement may be executed by the parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute but one and the same instrument. 15 4836-0655-4876v2/200640-0016 206 of 213 Section 13. Governing Law. This Purchase Agreement shall be governed by and construed in accordance with the laws of the State. HILLTOP SECURITIES INC. By: Authorized Officer The foregoing is hereby agreed to and accepted as of the date first above written: CITY OF NATIONAL CITY By: City Manager Time of Execution: p.m. California time [BOND PURCHASE AGREEMENT SIGNATURE PAGE - CITY OF NATIONAL CITY 2021 TAXABLE PENSION OBLIGATION BONDS] 4836-0655-4876v2/200640-0016 207 of 213 Maturity Date (June 1) 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 20 (T) EXHIBIT A MATURITY SCHEDULE Principal Amount Cr) Term Bond. Interest Rate Yield A-1 4836-0655-4876v2/200640-0016 208 of 213 EXHIBIT B FORM OF CITY ATTORNEY OPINION , 2021 City of National City National City, California Hilltop Securities Inc. Cardiff, California City of National City 2021 Taxable Pension Obligation Bonds Ladies and Gentlemen: We have acted as counsel to the City of National City (the "City") in connection with the issuance and sale by the City of $ aggregate principal amount of its City of National City 2021 Taxable Pension Obligation Bonds (the "Bonds"). We have examined and relied upon originals (or copies certified or otherwise identified to our satisfaction) of such documents, records and other instruments as we deem necessary or appropriate for the purposes of this opinion, including, without limitation: (i) those documents relating to the existence, organization and operation of the City; (ii) Resolution No. , adopted by a majority of the City Council of the City (the "City Council") on October 20, 2020 authorizing the issuance of the Bonds (the "Bond Resolution") and Resolution No. adopted by a majority of the City Council on October 19, 2021 approving the form of a Preliminary Official Statement (the "POS Resolution," and with the Bond Resolution, the "Resolutions"); (iii) all necessary documentation of the City relating to the authorization, execution and delivery of the Trust Agreement, dated as of 1, 2021 (the "Trust Agreement"), between the City and , as trustee; (iv) the default judgment dated June 15, 2021, entered in favor of the City in connection with City of National City v. All Persons Interested, etc., Case No. 37-2020- 00045564-CU-MC-CTL filed in the Superior Court of California, County of San Diego; (v) the Purchase Agreement, dated , 2021 (the "Purchase Agreement"), executed by Hilltop Securities Inc. (the "Underwriter"), and accepted by the City; (vi) the Preliminary Official Statement, dated , 2021 (the "Preliminary Official Statement"), relating to the Bonds; (vii) the Official Statement, dated , 2021 (the "Official Statement"), relating to the Bonds; (viii) the Continuing Disclosure Certificate, dated , 2021 (the "Continuing Disclosure Certificate"); and (ix) such other records, documents, certificates, opinions, and other matters as are in our judgment necessary or appropriate to enable us to render the opinions expressed herein. All capitalized terms used herein and not otherwise defined shall have the meaning given to such terms as set forth in the Trust Agreement. Based on the foregoing, and with regard to State of California (the "State") law and United States federal law, we are of the opinion that: B-1 4836-0655-4876v2/200640-0016 209 of 213 (a) The City is a municipal corporation of the State, duly organized and validly existing pursuant to the Constitution and laws of the State. (b) The Resolutions of the City approving and authorizing the execution and delivery of the Bonds, the Trust Agreement, the Purchase Agreement, and the Continuing Disclosure Certificate (collectively, the "Legal Documents") and approving and authorizing the issuance of the Bonds and the delivery of the Official Statement and other actions of the City were duly adopted at meetings of the City Council which were called and held pursuant to law and with all public notice required by law and at which quorums were present and acting throughout, and the Resolutions are now in full force and effect and have not been amended or superseded in any way. (c) The City is duly organized and existing under the laws of the State of California, and has all requisite power and authority thereunder: (a) to adopt the Resolutions, and to enter into, execute, deliver and perform its covenants and agreements under the Legal Documents; (b) to approve and authorize the use, execution and distribution of the Preliminary Official Statement and the Official Statement; (c) to issue, sell, execute and deliver the Bonds; and (d) to carry on its activities as currently conducted. (d) The City has taken all actions required to be taken by it before the date hereof material to the transactions contemplated by the documents mentioned in paragraph (a) above, and the City has duly authorized the execution and delivery of, and the due performance of its obligations under, the Legal Documents. (e) The Legal Documents constitute legal, valid and binding obligations of the City and are enforceable according to the terms thereof, except as enforcement thereof may be limited by bankruptcy, insolvency or other laws affecting enforcement of creditors' rights generally, and by the application of equitable principles if equitable remedies are sought, by the exercise of judicial discretion and the limitations on legal remedies against public entities in the State. (f) Except as disclosed in the Preliminary Official Statement and in the Official Statement, there is no action, suit or proceeding pending, or to the best of our knowledge, threatened against the City to (i) restrain or enjoin the execution or delivery of the Legal Documents (ii) in any way contesting or affecting the validity of the Legal Documents, the Resolutions or the authority of the City to enter into the Legal Documents, or (iii) in any way contesting or affecting the powers of the City in connection with any action contemplated by the Official Statement, the Resolutions or the Legal Documents. (g) The execution and delivery of the Legal Documents and compliance with the provisions thereof, do not and will not in any material respect conflict with or constitute on the part of the City a breach of or default under any agreement or other instrument to which the City is a party or by which it is bound or any existing law, regulation, court order or consent decree to which the City is subject, which breach or default has or may have a material adverse effect on the ability of the City to perform its obligations under the Legal Documents. (h) No authorization, approval, consent, or other order of the State or any other governmental body within the State is required for the valid authorization, execution and delivery of the Legal Documents or the consummation by the City of the transactions on its part contemplated therein, except such as have been obtained and except such as may be required under state securities or blue sky laws in connection with the purchase and distribution of the Bonds by the Underwriter. B-2 4836-0655-4876v2/200640-0016 210 of 213 B-3 4836-0655-4876v2/200640-0016 Very truly yours, 211 of 213 The following page(s) contain the backup material for Agenda Item: City Manager Report. (City Manager) Please scroll down to view the backup material. 212 of 213 Item # 10/19/21 City Manager Report (City Manager) 213 of 213