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HomeMy WebLinkAbout2013 12-10 CC ADJ AGENDA PKTRON MORRISON Mayor LUIS NATIVIDAD Vice Mayor JERRY CANO Councilmember MONA RIOS Councilmember ALEJANDRA SOTELO-SOLIS Councilmember 1243 National City Blvd. National City, CA 91950 619-336-4300 Meeting agendas and minutes available on web WWW.NATIONALCITYCA.GOV AGENDA OF AN ADJOURNED REGULAR MEETING OF THE NATIONAL CITY CITY COUNCIL OF THE CITY OF NATIONAL CITY CITY COUNCIL WORKSHOP COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA TUESDAY, DECEMBER 10, 2013 — 6:00 PM ORDER OF BUSINESS: Public sessions of all Regular Meetings of the City Council / Community Development Commission - Housing Authority (hereafter referred to as Elected Body) begin at 6:00 p.m. on the first and third Tuesday of each month. Public Hearings begin at 6:00 p.m. unless otherwise noted. Closed Sessions begin at 5:00 p.m. or such other time as noted. If a workshop is scheduled, the subject and time of the workshop will appear on the agenda. The Mayor and Council members also sit as the Chairperson and Members of the Board of the Community Development Commission (CDC). REPORTS: All open session agenda items and reports as well as all documents and writings distributed to the Elected Body less than 72 hours prior to the meeting, are available for review at the entry to the Council Chambers. Regular Meetings of the Elected Body are webcast and archived on the City's website www.nationalcityca.gov. PUBLIC COMMENTS: Prior to the Business portion of the agenda, the Elected Body will receive public comments regarding any matters within the jurisdiction of the City and/or the Community Development Commission. Members of the public may also address any item on the agenda at the time the item is considered by the Elected Body. Persons who wish to address the Elected Body are requested to fill out a "Request to Speak" form available at the entrance to the City Council Chambers, and turn in the completed form to the City Clerk. The Mayor or Chairperson will separately call for testimony of those persons who have turned in a "Request to Speak" form. If you wish to speak, please step to the podium at the appropriate time and state your name and address (optional) for the record. The time limit established for public testimony is three minutes per speaker unless a different time limit is announced. Speakers are encouraged to be brief. The Mayor or Chairperson may limit the length of comments due to the number of persons wishing to speak or if comments become repetitious or irrelevant. 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. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at CC/CDC Agenda 12/10/2013 — Page 2 (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Elected Body Meetings. Audio headphones are available in the lobby at the beginning of the meeting. Audio interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audi6fonos estan disponibles en el pasillo al principio de la junta. COUNCIL REQUESTS THAT ALL CELL PHONES AND PAGERS BE TURNED OFF DURING CITY COUNCIL MEETINGS. CC/CDC Agenda 12/10/2013 — Page 3 OPEN TO THE PUBLIC CITY COUNCIL / COMMUNITY DEVELOPMENT COMMISSION AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG PUBLIC ORAL COMMUNICATIONS (THREE -MINUTE TIME LIMIT) NON CONSENT RESOLUTIONS 1. Resolution of the City Council of the City of National City adopting the amended Chapters 200 through 500 of the City Council Policy Manual, which includes amended Policies 201, 203, 205, 301 and 402, and deleting Policies 202, 501, and 503. (City Manager/City Attorney) NEW BUSINESS 2. City Council review and approval of proposed Policy updates to the City Council Policy Manual - Chapters 600-1000. (City Manager/City Attorney) ADJOURNMENT Regular City Council/Community Development/Housing Authority of the City of National City Meeting - Tuesday - December 17, 2013 - 6:00 p.m. - Council Chambers - National City, California. City Offices are closed Monday, December 23, 2013 through Friday, January 3, 2014 in Observance of the Employee Work Furlough. The modified City Council Meetings are: December 03 Regular Meeting December 10 Adjourned Regular Meeting (Council Policy Workshop) December 17 Regular Meeting January 07 DISPENSE WITH MEETING January 21 Regular Meeting CITY OF NATIONAL CITY, CAL.IFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 10, 2013 AGENDA ITEM NO 1 ITEM TITLE: Resolution of the City Council of the City of National City adopting the amended Chapters 200 through 500, of the City Council Policy Manual, which includes amended Policies 201, 203, 205, 301 and 402, and deleting Policies 202, 501, and 503. PREPARED BY: Leslie Deese, City Manager 619-336-4240 DEPARTMENT: City Manager/Cit} Attorney PHONE. Claudia, Silva, City Attorney, 619-336-4220 APPROVED t t:_ ,- =-- I i`t�►�t/ EXPLANATION: i{{ See attached FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1) Staff Report 2) Resolution 3) Policies (See staff report) November 27, 2013 To: Mayor and City Council CC: City Clerk, City Attorney, Executive Director, Brenda Hodges Re: Council Workshop December 10, 2013 Fr: City Manager Per City Council Policy #101, the Policy Manual should be reviewed annually, and updated as necessary. As you know, in an effort to bring the policies up to date, the entire manual is being reviewed, one chapter at a time, with proposed changes presented for Council review and approval. The City Council met at a special workshop on June 11, 2013 to review and comment on policies contained in Chapter 100 "Administration and Policy Management". A second Council Workshop was held on October 8, 2013 to review the final drafts of Chapter 100 as well as first drafts of Chapters 200 "Financial Services", Chapter 300 "Legal and Legislative Services", Chapter 400 "Municipal Planning" and Chapter 500 "Public Works". A third Council Workshop is scheduled for December 10, 2013 to review the final drafts of Chapters 200-500, as well as first drafts of Chapters 600 "Personnel Services", Chapter 700 "Traffic and Public Safety", Chapter 800 "Public Service Facilities", Chapter 900 "Real Estate and Public Property", and Chapter 1000 "Risk Management". To assist the Council with review of proposed changes, attached are the following documents: Enclosed you will find three (3) clipped sections of materials: 1. Initial review of proposed changes for Chapters 600-1000 (with yellow inserts between each policy) • A list of Significant Changes proposed by staff • The original/existing policy (watermarked "Original") • A draft with proposed changes identified (no watermark). Additions are underlined, deletions appear in right margin. 2. 3. • A final draft which incorporates proposed changes for Council review/approval (watermarked "Draft"). • Note: We are still working on a couple policies in this section (as noted in the Significant Changes memo). If they are completed in time for the workshop, we will submit them for your review under separate cover. Review of final changes made to Chapters 200-500 at the October 8th workshop (with blue inserts between each policy) • A list of the Significant Changes that were made at the October 8, 2013 Council workshop • A copy with changes identified (where applicable) • Final draft for Council review and approval (watermarked "Final Draft") • A set of "Council Policy Review Forms" that may be used to help facilitate your thoughts/questions on each policy. LD/beh Summary of Additional Changes Made at 10-8-13 Council Workshop Chapter 200 Policy #201: Maintenance of Reserve Funds • No additional changes proposed by City Council Policy #202: Contributions • No additional changes proposed by City Council Policy #203: Investments • Page 11, section XII, subsection "A". Added "at an agendized meeting." Policy #204: Donation Acceptance • Brought back 'as submitted' on 10-8-13, with a report from the City Attorney. Policy #205: Intrabudget Adjustment Requests (IBARS) • Clarified paragraphs 2-3 under "Policy", by adding the word "countersigned". Chapter 300 Chapter #301: Legislative and Judicial Platform • Added language to first paragraph under "Policy": "The City will work with local legislators, as appropriate, in advancing the City's adopted legislative platform." Chapter 400 Chapter #401: Environmental Guidelines/CEQA • Recommended changes will be distributed at later date Chapter #402: Procedures and Requirements for Development Agreements • No additional changes proposed by City Council Chapter 500 Chapter #501: Sewer Stoppage • No additional changes proposed by City Council Chapter #502: Professional Service Change Order • Recommended changes will be submitted at a later date Chapter #503: Underground Conversion • No additional changes proposed by City Council Chapter #504: Mile of Cars Banners • Policy on hold for now Chapter #505: Street Banner Program • Policy on hold for now Page 1 of 1 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Maintenance of Reserve Funds POLICY #201 ADOPTED: June 26, 1985 AMENDED: Purpose The City will establish reserves to strengthen its ability to withstand unexpected financial emergencies such as may result from national disasters, revenue shortfalls, or unanticipated expenditures of a non -recurring nature and to accumulate funds for large- scale purchases. Policy The reserve funds will be maintained in the appropriate funds at the following levels: Contingency Reserve • General Fund: The City Manager is charged with the responsibility of maintaining an accumulating General Fund Contingency Reserve at a minimum target range equal to between 25% and 50% of a single year's General Fund operating expenditures. The actual amount of the General Fund Contingency Reserve shall be determined each year by the City Manager as part of the budgeting process and shall be annually reported to the City Council as part of the Comprehensive Annual Financial Report (CAFR). Expenditures from the General Fund Contingency Reserve require City Council approval. • Gas Tax Fund: an amount equal to a minimum level of five percent (5%) of the estimated revenue. • Sewer Service Fund: an amount equal to a minimum level of five percent (5%) of the estimated' revenue. Liability Insurance Reserve: The City Manager is charged with the responsibility of maintaining an accumulating Liability Insurance Reserve at an amount no less than 75% to 85% of the Confidence Level of Adequacy as established annually by the City's actuary. Workers Compensation Reserve: The City Manager is charged with the responsibility of maintaining an accumulating Liability Insurance Reserve at an amount equal to between 75% and 85% of the Confidence Level of Adequacy as established annually by the City's actuary. Page 1 of 2 TITLE: Maintenance of Reserve Funds POLICY #201 ADOPTED: June 26, 1985 AMENDED: Debt Service Reserve: An amount equal to the total required by applicable indenture(s) or other agreement(s), but in no case less than one years' debt service requirement of all long-term obligations. Equipment Replacement Reserve: An amount equal to the accumulated depreciation of the replacement value of the motor vehicle fleet. Related Policy References None Prior Policy Amendments March 12, 2002 Page 2 of 2 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Contributions POLICY #202 ADOPTED: July 14, 1987 AMENDED: June 23, 1992 Page 1 of 1 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: I. INTRODUCTION The City of National City's investment program will conform with federal, other legal requirements, including California Government C 16429.4, 53600-53609 and 53630-53686. The following investme the methods, procedures and practices which must be = eis and judicious fiscal and investment management of the of the City to invest public funds in a manner that w given its requirements for preserving principal and demands of the City. All investments will comply wit governing laws. tate, and etions 16429.1- licy addresses to ensure effective funds. It is the policy a market rate of return, eeting the daily cash flow this Investment Policy and This Investment Policy replaces any v : s Investment Policy or Investment Procedures of the City.0 II. SCOPE This Investment Polic ies to all the City's financial assets and investment activities with the fexceptions: A. Proceeds of de investmen investe bond i ce shall be invested in accordance with the City's general as set forth in this policy; however, such proceeds are ordance with permitted investment provisions of their specific res. 'unds: Except for cash in certain restricted and special funds, the City will date cash and reserve balances from all funds to maximize investment gs and to increase efficiencies with regard to investment pricing, safekeeping and administration. Investment income will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles. III. GENERAL OBJECTIVES The overriding objectives of the investment program are to preserve principal, provide sufficient liquidity, and manage investment risks. Page 1 of 18 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: 1. Safety: Safety of principal is the foremost objective of the investment program. Investments will be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to mitigate credit risk and interest rate risk. 2. Liquidity: The investment portfolio will remain sufficiently liqall operating requirements that may be reasonably anticipated. 3. Return: The investment portfolio will be designed objective of attaining a market rate of return throughout budgetary an { economic cycles, taking into account the investment risk constra , fQjsa ety and liquidity needs. IV. PRUDENCE, INDEMNIFICATION AND ETHICS A. Prudent Investor Standard: Management by the Prudent Investor Standard as se 53600.3: "...all governing bodi investment decisions funds pursuant to thi to the prudent inv stor st acquiring, exch act with car prevailin and the cap .e City's investments is governed the California Government Code agencies or persons authorized to make of those local agencies investing public are trustees and therefore fiduciaries subject ndard. When investing, reinvesting, purchasing, , selling, or managing public funds, a trustee shall rudence, and diligence under the circumstances then ing, but not limited to, the general economic conditions ted needs of the City, that a prudent person acting in a like amiliarity with those matters would use in the conduct of a like character and with like aims, to safeguard the principal and am the liquidity needs of the City. Within the limitations of this ion and considering individual investments as part of an overall strategy, investments may be acquired as authorized by law." demnification: The Director of Finance or City Manager designee hereinafter designated as Financial Services Officer and other authorized persons responsible for managing City funds, acting in accordance with written procedures and the Investment Policy and exercising due diligence, will be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported within 30 days and appropriate action is taken to control adverse developments. Page 2 of 18 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: C. Ethics: Officers and employees involved in the investment process will refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make '� partial investment decisions. V. DELEGATION OF AUTHORITY ��r A. Authority to manage the City's investment program is de m . .f om California Government Code Sections 53600 et seq. The City Council is l onsible for the City's cash management, including the administratis. , * tnvestment Policy. Management responsibility for the cash managem City funds is hereby delegated to the Director of Finance and/or Fina al es Officer. The Director of Finance and/or Financial Services •° ficer will be responsible for all transactions undertaken and will establ stem of procedures and controls to regulate the activities of subordinate .A'p es. B. The City may engage the servi es or more external investment managers to assist in the management of "w 's investment portfolio in a manner consistent with the City's objectives. ternal managers may be granted discretion to purchase and sell invest nt se«rities in accordance with this Investment Policy. Such managers must be tered under the Investment Advisers Act of 1940. VI. AUTHORIZED FIN' INSTITUTIONS, DEPOSITORIES, AND BROKER/DEALERS A list will b t11!!d of financial institutions and depositories authorized to provide in v services. In addition, a list will be maintained of approved security b eaters selected by conducting a process of due diligence described in the ` procedures manual. These may include "primary" dealers or regional qualify under Securities and Exchange Commission (SEC) Rule 15C3-1 net capital rule). A. The City's Director of Finance and/or Financial Services Officer will determine which financial institutions are authorized to provide investment services to the City. Institutions eligible to transact investment business with the City include: 1. Primary government dealers as designated by the Federal Reserve Bank; 2. Nationally or state -chartered banks; Page 3 of 18 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: B. C. D. E. 3. The Federal Reserve Bank; and, 4. Direct issuers of securities eligible for purchase. Selection of financial institutions and broker/dealers authorized transactions with the City will be at the sole discretion of the City. All financial institutions which desire to become qualified transactions (and which are not dealing only with the inv supply the Director of Finance and/or Financial Seri/ 0 certifying that the institution has reviewed the Section 53600 et seq. and the City's Investment or investment es "' adviser) must cer with a statement a Government Code Selection of broker/dealers used by an external inve ment adviser retained by the City will be at the sole discretion of the in Public deposits will be made only i by State law. Deposits will Corporation, or, to the exte collateralized in accordance VII. DELIVERY, SAFE A. Delivery -versus - completed usin t adviser. ed public depositories as established by the Federal Deposit Insurance ount exceeds the insured maximum, will be e law. AND CUSTODY, AND COMPETITIVE TRANSACTIONS : Settlement of all investment transactions will be d delivery -vs. -payment procedures. B. Third-p .. ' ekeeping: To protect against potential losses by collapse of indivir.. •ecurities dealers, and to enhance access to securities, interest and maturity proceeds, all securities owned by the City will be held in ing by a third party bank custodian, acting as agent for the City under the s of a custody agreement executed by the bank and the City. C. Competitive transactions: All investment transactions will be conducted on a competitive basis which can be executed through a bidding process involving at least three separate brokers/financial institutions or through the use of a nationally recognized trading platform. Page 4 of 18 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: VIII. AUTHORIZED AND SUITABLE INVESTMENTS All investments will be made in accordance with Sections 53600 et seq. of the Government Code of California and as described within this Investment Policy. Permitted investments under this policy will include: 1. Municipal Bonds. These include bonds of the City, the state f Ca ifon ia, any other state, and any local Agency within the state of Cali ia.The bonds will be registered in the name of the City or held and . a custodial agreement at a bank. The bonds shall be rated at the ti rchase within the 4 highest general classifications established by a ng service of nationally recognized expertise in rating bondsstis and their political subdivisions. a. No more than 5% per issuer. 2. U.S. Treasury and other government obligation for which the full faith and credit of the United States are pled the payment of principal and interest. There are no limits on the .1 o :; f ount or percentage that the City may invest in U.S. Treasuries. 3. Federal Agency or ty _s 'Mates government -sponsored enterprise obligations, participation , ' er instruments, including those issued by or fully guaranteed as t prin pal and interest by federal agencies or United States government- ored enterprises. There are no limits on the dollar amount or perthat the City may invest in government -sponsored enterprises. 4. Banke c • i ces provided that: a. b. are issued by institutions with short term debt obligations rated "A 1" higher, or the equivalent, by at least two nationally recognized statistical -rating organization (NRSRO); and have long-term debt obligations which are rated "A" or higher by at least two nationally recognized statistical rating organization; The maturity does not exceed 180 days; and, c. No more than 40% of the total portfolio may be invested in banker's acceptances and no more than 5% per issuer. Page 5 of 18 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: 5. Federally insured time deposits (Non-negotiable certificates of deposit) in state or federally chartered banks, savings and loans, or credit unions, provided that: a. The amount per institution is limited to the maximum federal insurance; and, b. The maturity of such deposits does not exceed 5 yea 6. Certificate of Deposit Placement Service (CD a. No more than 30% of the total portfolio may of certificates of deposit including CDA b. The maturity of CDARS deposits does not 7. Negotiable Certificates of Deposit (N der ested in a combination d 5 years. ovided that: a. They are issued by institute, have long-term obligations which are rated "A" or high r l ast two nationally recognized statistical rating organizations; fl have short term debt obligations rated "Al" or higher, or the equiva b at least two nationally recognized statistical rating organizatio s; b. The maturity do c. No more tha more tha exceed 5 years; and, f the total portfolio may be invested in NCDs and no issuer. 8. Co paper provided that: maturity does not exceed 270 days from the date of purchase; b. The issuer is a corporation organized and operating in the United States with assets in excess of $500 million; c. They are issued by institutions whose short term obligations are rated "A 1" or higher, or the equivalent, by at least two nationally recognized statistical rating organization; and whose long-term obligations are rated "A" or higher by at least two nationally recognized statistical rating organization; and, Page 6 of 18 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: d. No more than 25% of the portfolio is invested in commercial paper and no more than 5% per issuer. 9. State of California Local Agency Investment Fund (LAIF), p vided t t: a. The City may invest up to the maximum permitted amount b. LAIF' s investments in instruments prohibited by or st pecified in the City's policy do not exclude it from t it 5 ist of allowable investments, provided that the fund's reports : to `<' he Director of Finance or Financial Services Officer to adeq -ly R e the risk inherent in LA1F's portfolio. 10. Local government investment pools. a. San Diego County Investment P 11. Corporate medium term ``Ns), provided that: a. Such notes have a ma u °maturity of 5 years; b. Are issued by rations organized and operating within the United States or by C►•''„ ' ory institutions licensed by the United States or any state and g within the United States; c. Ar category or better by at least two nationally recognized rating organization; and, dings of medium -term notes may not exceed 30% of the portfolio and C. more than 5% per issuer. Mortgage pass -through securities and asset -backed securities, provided that such securities: a. have a maximum stated final maturity of 5 years; b. be issued by an issuer having an "A" or higher rating for the issuer's debt as provided by at least two nationally recognized statistical rating organization; Page7of18 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: c. be rated in a rating category of "AA" or its equivalent or better by at least two nationally recognized statistical rating organization. d. Purchase of securities authorized by this subdivision may not e e:, 0% of the portfolio. 13. Money market mutual funds that are registered with the ecu7ities and Exchange Commission under the Investment Company '�-�40. a. Provided that such funds meet either of the fo inn eria: 1. Attained the highest ranking or the high . r and numerical rating provided by not less than two natio}ly -- _a a ized statistical rating organizations; or, 2. Have retained an investmen registration with the Securi less than five years' obligations authori ed (a through j) an million. b. Purchase of sec of the portfo er registered or exempt from Exchange Commission with not investing in the securities and fornia Government Code Section 53601 assets under management in excess of $500 authorized by this subdivision may not exceed 20% IX. PORTFOLIO R AEMENT A. The fox are prohibited investment vehicles and practices: elaw notwithstanding, any investments not specifically described herein are prohibited, including, but not limited to futures and options. 2. In accordance with Government Code Section 53601.6, investment in inverse floaters, range notes, or mortgage derived interest -only strips is prohibited. 3. Investment in any security that could result in a zero interest accrual if held to maturity is prohibited. 4. Trading securities for the sole purpose of speculating on the future direction of interest rates is prohibited. Page8of18 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: 5. Purchasing or selling securities on margin is prohibited. 6. The use of reverse repurchase agreements, securities lending or n': ether form of borrowing or leverage is prohibited. 7. The purchase of foreign currency denominated securities is .rohjite B. Mitigating credit risk in the portfolio Credit risk is the risk that a security or a portfolio wi'.lo ':some or all of its value due to a real or perceived change in the ability o e i :y,. to repay its debt. The City will mitigate credit risk by adopting the follo strategies: 1. The diversification requirements inc in Section 1X are designed to mitigate credit risk in the portfolio; 2. No more than 5% of the to �:lio may be invested in securities of any sy single issuer, other than t e Government, its agencies and enterprises; 3. The City may elect t sell aecurity prior to its maturity and record a capital gain or loss in orde prove the quality, liquidity or yield of the portfolio in response to m rej nditions or City's risk preferences; and, 4. If securities by the City are downgraded by either Moody's or S&P to a level w ii' quality required by this Investment Policy, it will be the City' r Tr' to review the credit situation and make a determination as to wh co sell or retain such securities in the portfolio. f a security is downgraded, the Director of Finance and/or Financial Services Officer will use discretion in determining whether to sell or hold the security based on its current maturity, the economic outlook for the issuer, and other relevant factors. b. If a decision is made to retain a downgraded security in the portfolio, its presence in the portfolio will be monitored and reported monthly to the City Council. Page 9 of 18 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: C. Mitigating market risk in the portfolio Market risk is the risk that the portfolio value will fluctuate due to changes in the general level of interest rates. The City recognizes that, over time, lon .. er-term portfolios have the potential to achieve higher returns. On the other h. �, A er- term portfolios have higher volatility of return. The City will mitig marke 'sk by providing adequate liquidity for short-term cash needs, and by ma longer - term investments only with funds that are not needed for curr,,t sh flow purposes. The City further recognizes that certain types o iTties, including variable rate securities, securities with principal paydowns p .S' i• maturity, and securities with embedded options, will affect the rkns profile of the portfolio differently in different interest rate enviro The City, therefore, adopts the following strategies to control and miyate Oposure to market risk: 1. The City will maintain a minimum of three m6nths of budgeted operating expenditures in short term investmes s * provide sufficient liquidity for expected disbursements; 2. The maximum percent of cal `'' curities (does not include "make whole call" securities as define. i r ossary) in the portfolio will be 20%; 3. The maximum state final `` aturity of individual securities in the portfolio will be five years, e as otherwise stated in this policy; and, 4. The duratio '!portfolio will at all times be approximately equal to the duration (t plus or minus 20%) of a Market Benchmark Index selected by the � •-. on the City's investment objectives, constraints and risk tole c The City's current Benchmark will be documented in the in t procedures manual. X. NVES)MENT OBJECTIVES (PERFORMANCE STANDARDS AND EVALUATION) A. Overall objective: The investment portfolio will be designed with the overall objective of obtaining a total rate of return throughout economic cycles, commensurate with investment risk constraints and cash flow needs. B. Specific objective: The investment performance objective for the portfolio will be to earn a total rate of return over a market cycle which is approximately equal to the return on the Market Benchmark Index as described in the City's investment procedures manual. Page 10 of 18 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: XI. PROCEDURES AND INTERNAL CONTROLS A. Procedures The Director of Finance and/or Financial Services Officer will establi 'tten investment policy procedures in a separate investment procedures ma al to :lsist investment staff with day-to-day operations of the investment program con ten with this policy. Such procedures will include explicit delegation of authorip7 t persons responsible for investment transactions. No person may enga ^ investment transaction except as provided under the terms of this policy . i d he procedures established by the Director of Finance and/or Financial ServiOfer. B. Internal Controls The Director of Finance and/or Financial Services Office esponsible for establishing and maintaining an internal control structure designed to en re that the assets of the City are protected from loss, theft or misuse. The inte , . ' <1 s trol structure will be designed to provide reasonable assurance that these obje : v ; - e met. Internal controls will be described in the City's investment procedure a -41. XII. REPORTING A. Quarterly reports Quarterly investme Financial Servi consistent with including s will be submitted by the Director of Finance and/or cer to the City Council, at an agendized meeting, uirements contained in Government Code section 53646, ed to the following information: 1. T ,7[1' 'nvestment f issuer and/or financial institution of purchase 4. I ate of maturity . Current market value for all securities 6. Rate of interest 7. Purchase price of investment 8. Other data as required by the City Page 11 of 18 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: B. Annual reports The Investment Policy will be reviewed and adopted at least annually to ensure its consistency with the overall objectives of preservation of principal, liquity and return, and its relevance to current law and financial and economic tren Related Policy References Ca. Government Code Sections: 16429.1 — 16429.4, and 53600 — 53 Investment Advisors Act of 1940 Securities and Exchange Commission Rule #15C3-1 Appendix I attached: "Authorized Personnel" Appendix II attached: "Glossary of Investment Terms" Prior Policy Amendments January 10, 2012 Page 12of18 Appendix I Authorized Personnel The following positions are authorized to transact investment business and wire funds for investment purposes on behalf of the City of National City: City Manager Director of Administrative Services Director of Finance Financial Services Officer CR ez>frC\c° Page 13 of 18 Appendix II Glossary of Investment Terms° Agencies. Shorthand market terminology for any obligation issued by a government -sponsored entity (GSE), or a federally related institution. Most obligations of GSEs are not guaranteed by the full faith and credit of the US government. Examples are: FDIC. The Federal Deposit Insurance Corporation provides insurance ked by the full faith and credit of the US government to certain bank deposits a ebt obligations. FFCB. The Federal Farm Credit Bank System provides credit and liq ily n the agricultural industry. FFCB issues discount notes and bonds. FHLB. The Federal Home Loan Bank provides credit i +;. quidity in the housing market. FHLB issues discount notes and bonds. FHLMC. Like FHLB, the Federal Horne Loan M. orporation provides credit and liquidity in the housing market. FIILMC, also "FreddieMac" issues discount notes, bonds and mortgage pass -through securi FNMA. Like FHLB and FreddieMac, the Federal ,'(nal Mortgage Association was established to provide credit and liquidity i the housing market. FNMA, also known as "FannieMae," issues discount not ., h eds and mortgage pass -through securities. GNMA. The Government N.,;.'Mortgage Association, known as "GinnieMae," issues mortgage pass-t R, o rities, which are guaranteed by the full faith and credit of the US Governor PEFCO. The Private Expo ping corporation assists exporters. Obligations of PEFCO are not guaranteed b e full faith and credit of the US government. TVA. The Tennessee y Authority provides flood control and power and promotes development in p io of the Tennessee, Ohio and Mississippi River valleys. TVA currently issues d':. otes and bonds. Asked. The ri7 ' hich a seller offers to sell a security. Average rtgage-related investments, including CMOs, the average time to expecr pt of principal payments, weighted by the amount of principal expected. acceptance. A money market instrument created to facilitate int ationtrade transactions. It is highly liquid and safe because the risk of the trade tr. action is transferred to the bank which "accepts" the obligation to pay the investor. nchmark. A comparison security or portfolio. A performance benchmark is a partial market index, which reflects the mix of securities allowed under a specific investment policy. Bid. The price at which a buyer offers to buy a security. Broker. A broker brings buyers and sellers together for a transaction for which the broker receives a commission. A broker does not sell securities from his own position. Callable. A callable security gives the issuer the option to call it from the investor prior to its maturity. The main cause of a call is a decline in interest rates. If Page 14 of 18 interest rates decline since an issuer issues securities, it will likely call its current securities and reissue them at a lower rate of interest. Callable securities have reinvestment risk as the investor may receive its principal back when interest rates are lower than when the investment was initially made. Certificate of Deposit (CD). A time deposit with a specific maturity evidenced by a certificate. Large denomination CDs may be marketable. Collateral. Securities or cash pledged by a borrower to secure repayment of a loan or repurchase agreement. Also, securities pledged by a financial institution to secure deposits of public monies. Collateralized Mortgage Obligations (CMO). Classes of bonds that r '• i'..: bute the cash flows of mortgage securities (and whole loans) to create securi es that ave different levels of prepayment risk, as compared to the underlying mortgage urit'` s. Commercial paper. The short-term unsecured debt of corporations. Cost yield. The annual income from an investment divideurchase cost. Because it does not give effect to premiums and discounts which ma •j been included in the purchase cost, it is an incomplete measure of return. Coupon. The rate of return at which interest is paid end. Credit risk. The risk that principal and/or inte st a investment will not be paid in a timely manner due to changes in the condition o e issuer. Current yield. The annual income from an inves ent divided by the current market value. Since the mathematical calculate.: lies on the current market value rather than the investor's cost, current yield is d to the actual return the investor will earn if the security is held to maturity. Dealer. A dealer acts as a prinsecurity transactions, selling securities from and buying securities for his o Debenture. A bond secured the general credit of the issuer. Delivery vs. payment (DVP). securities industry procedure whereby payment for a security must be made at Na me the security is delivered to the purchaser's agent. Derivative. Any se at has principal and/or interest payments which are subject to uncertainty ( or reasons of default or credit risk) as to timing and/or amount, or any securitF ' represents a component of another security which has been separated from oth . nts ("Stripped" coupons and principal). A derivative is also defined as a fi •` r strument the value of which is totally or partially derived from the value of . ` strument, interest rate or index. The difference between the par value of a bond and the cost of the bon eltvh e cost is below par. Some short-term securities, such as T-bills and ba er's eptances, are known as discount securities. They sell at a discount from par, turn the par value to the investor at maturity without additional interest. Other securities, which have fixed coupons trade at a discount when the coupon rate is lower than the current market rate for securities of that maturity and/or quality. Diversification. Dividing investment funds among a variety of investments to avoid excessive exposure to any one source of risk. Duration. The weighted average time to maturity of a bond where the weights are the present values of the future cash flows. Duration measures the price sensitivity of a bond to changes in interest rates. (See modified duration). Page 15of18 Federal funds rate. The rate of interest charged by banks for short-term loans to other banks. The Federal Reserve Bank through open -market operations establishes it. Federal Open Market Committee: A committee of the Federal Reserve Board that establishes monetary policy and executes it through temporary and permanent changes to the supply of bank reserves. Haircut: The margin or difference between the actual market value of a security and the value assessed by the lending side of a transaction (i.e. a repo). Leverage. Borrowing funds in order to invest in securities that have the potential to pay earnings at a rate higher than the cost of borrowing. Liquidity: The speed and ease with which an asset can be converted to Make Whole Call. A type of call provision on a bond that allow the issuer to pay off the remaining debt early. Unlike a call option, with a make whole ca ro •' sion, the issuer makes a lump sum payment that equals the net present value (N V) f future coupon payments that will not be paid because of the call. Wit s t+pe of call, an investor is compensated, or "made whole." Margin: The difference between the market value ssu y and the loan a broker makes using that security as collateral. Market risk. The risk that the value of secunt i%'ctuate with changes in overall market conditions or interest rates. Market value. The price at which a security can be 'aded. Marking to market. The process of posti '_` _ rrent market values for securities in a portfolio. Maturity. The final date upon whic cipal of a security becomes due and payable. Medium term notes. Un ec d vestment -grade senior debt securities of major corporations which are sold i la ely small amounts either on a continuous or an intermittent basis. MTNs are ighly exible debt instruments that can be structured to respond to market opportunitie •, ,:• investor preferences. Modified duration , . •rcent change in price for a 100 basis point change in yields. Modified duratio, : s R -.'est single measure of a portfolio's or security's exposure to market risk. Money ma e market in which short term debt instruments (Tbills, discount notes, e a e.: is paper and banker's acceptances) are issued and traded. Mortg _ e . ss-through securities. A securitized participation in the interest and p ' c; . flows from a specified pool of mortgages. Principal and interest pa s d on the mortgages are passed through to the holder of the security. al fund. An entity which pools the funds of investors and invests those fun set of securities which is specifically defined in the fund's prospectus. Mutual funds can be invested in various types of domestic and/or international stocks, bonds and money market instruments, as set forth in the individual fund's prospectus. For most large, institutional investors, the costs associated with investing in mutual funds are higher than the investor can obtain through an individually managed portfolio. Premium. The difference between the par value of a bond and the cost of the bond, when the cost is above par. Prepayment speed. A measure of how quickly principal is repaid to investors in mortgage securities. Page 16 of 18 Prepayment window. The time period over which principal repayments will be received on mortgage securities at a specified prepayment speed. Primary dealer. A financial institution (1) that is a trading counterparty with the Federal Reserve in its execution of market operations to carry out U.S. monetary policy, and (2) that participates for statistical reporting purposes in compiling data on activity in the U.S. Government securities market. Prudent person (man) rule. A standard of responsibility which applies to fiduciaries. In California, the rule is stated as "Investments shall be managed with the care, skill, prudence and diligence, under the circumstances then prevailin_ that a prudent person, acting in a like capacity and familiar with such matters, would is<< the conduct of an enterprise of like character and with like aims to acco a,.lish si a ilar purposes." Realized yield. The change in value of the portfolio due to interest rec ved and interest earned and realized gains and losses. It does not give effec ges in market value on securities, which have not been sold from the portfolio. Regional dealer. A financial intermediary that buy .ndl `° securities for the benefit of its customers without maintaining substantial inv to ',. of securities, and that is not a primary dealer. Repurchase agreement (RP, Repo). Short term rchases of securities with a simultaneous agreement to sell the securities back at a hig er price. From the seller's ase agreement. ereby securities are held by the point of view, the same transaction is a reverse re Safekeeping. A service to bank cust bank in the customer's name. Short Term. Less than one (1) yea;' e. Structured note. A com ex xes "income instrument, which pays interest, based on a formula tied to other int t r s, commodities or indices. Examples include inverse floating rate notes which have c pons that increase when other interest rates are falling, and which fall when _: interest rates are rising, and "dual index floaters," which pay interest based, relationship between two other interest rates - for example, the yield on t t r- _' ar Treasury note minus the Libor rate. Issuers of such notes lock in a reduced o borrowing by purchasing interest rate swap agreements. Total rate A measure of a portfolio' performance over time. It is the internal rate of - S':`, is equates the beginning value of the portfolio with the ending value; it incl 1 terest earnings, realized and unrealized gains, and losses in the portfoli easury obligations. Securities issued by the U.S. Treasury and backed by th 11 fa' Nand credit of the United States. Treasuries are considered to have no credit ris , are the benchmark for interest rates on all other securities in the US and overseas. The Treasury issues both discounted securities and fixed coupon notes and bonds. Treasury bills. All securities issued with initial maturities of one year or less are issued as discounted instruments, and are called Treasury bills. The Treasury currently issues three- and six-month T-bills at regular weekly auctions. It also issues "cash management" bills as needed to smooth out cash flows. Treasury notes. All securities issued with initial maturities of two to ten years are called Treasury notes, and pay interest semi-annually. Page 17 of 18 Treasury bonds. All securities issued with initial maturities greater than ten years arc called Treasury bonds. Like Treasury notes, they pay interest semi-annually. Value. Principal plus accrued interest. Volatility. The rate at which security prices change with changes in general economic conditions or the general level of interest rates. Yield to Maturity. The annualized internal rate of return on an investment which equates the expected cash flows from the investment to its cost. Page 18 of 18 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: I. INTRODUCTION The City of National City's investment program will conform wit other legal requirements, including California Government 16429.4, 53600-53609 and 53630-53686. The following inv the methods, procedures and practices which must be and judicious fiscal and investment management of t of the City to invest public funds in a manner t given its requirements for preserving p demands of the City. All investments governing laws. This Investment Policy reples any previ Procedures of the City. II. SCOPE This Investment Poll activities with t A. Proceas of in stm al, state, and 16429.1- y addresses sure effective s s. It is the policy de a market rate of return, g the daily cash flow is Investment Policy and nvestment Policy or Investment to all the City's financial assets and investment ceptions: e shall be invested in accordance with the City's general y as set forth in this policy; however, such proceeds are ance with permitted investment provisions of their specific Poo f Funds: Except for cash in certain restricted and special funds, the City will consolicash and reserve balances from all funds to maximize investment earninand to increase efficiencies with regard to investment pricing, safekeeping and administration. Investment income will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles. III. GENERAL OBJECTIVES The overriding objectives of the investment program are to preserve principal, provide sufficient liquidity, and manage investment risks. Page 1of18 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: 1. Safety: Safety of principal is the foremost objective of the investment program. Investments will be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to mitigate credit risk and interest rate risk. 2. Liquidity: The investment portfolio will remain sufficient] operating requirements that may be reasonably anticipated 3. Return: The investment portfolio will be designed attaining a market rate of return throughout budget taking into account the investment risk constra needs. IV. PRUDENCE, INDEMNIFICATION AND ET A. Prudent Investor Standard: Mang by the Prudent Investor Standard as se 53600.3: "...all governing investment decisions funds pursuant to to the prudent acquiring, exc act with prevaj� and tic meet all ective of mic cycles, and liquidity ity's investments is governed e California Government Code s of local agencies or persons authorized to make ehalf of those local agencies investing public re trustees and therefore fiduciaries subject ard. When investing, reinvesting, purchasing, lling, or managing public funds, a trustee shall dence, and diligence under the circumstances then g, but not limited to, the general economic conditions ed needs of the City, that a prudent person acting in a like c ;' •city amiliarity with those matters would use in the conduct of "ke character and with like aims, to safeguard the principal and maint the liquidity needs of the City. Within the limitations of this section and considering individual investments as part of an overall strategy, investments may be acquired as authorized by law." B. Ind mnification: The Director of Finance or City Manager designee hereinafter designated as Financial Services Officer and other authorized persons responsible for managing City funds, acting in accordance with written procedures and the Investment Policy and exercising due diligence, will be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported within 30 days and appropriate action is taken to control adverse developments. Page 2 of 18 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: C. Ethics: Officers and employees involved in the investment process will refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. V. DELEGATION OF AUTHORITY A. Authority to manage the City's investment program is d ed fry" alifornia Government Code Sections 53600 et seq. The City Cou it p • sible for the City's cash management, including the administratistment Policy. Management responsibility for the cash manag ;:•nt of funds is hereby delegated to the Director of Finance and/or ' • • • rvices Officer. The Director of Finance and/or Fin all transactions undertaken and wi to regulate the activities of subordinate B. The City may engage the assist in the management of t with the City's objective Suc purchase and sell inve Such managers must ff cer will be responsible for em of procedures and controls es of one o ore external investment managers to 'ty's investment portfolio in a manner consistent al managers may be granted discretion to ies in accordance with this Investment Policy. under the Investment Advisers Act of 1940. VI. AUTHOILED C1 NSTITUTIONS, DEPOSITORIES, AND BROKER/DEALERS A lis ill mai d of financial institutions and depositories authorized to pry de inves t ervices. In addition, a list will be maintained of approved ers selected by conducting a process of due diligence described in stment procedures manual. These may include "primary" dealers or regional dea = at qualify under Securities and Exchange Commission (SEC) Rule 15C3-1 (unifo et capital rule). A. The City's Director of Finance and/or Financial Services Officer will determine which financial institutions are authorized to provide investment services to the City. Institutions eligible to transact investment business with the City include: 1. Primary government dealers as designated by the Federal Reserve Bank; 2. Nationally or state -chartered banks; Page 3of18 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: 3. The Federal Reserve Bank; and, 4. Direct issuers of securities eligible for purchase. B. Selection of financial institutions and broker/dealers autho transactions with the City will be at the sole discretion of the C C. All financial institutions which desire to become qualified transactions (and which are not dealing only with the supply the Director of Finance and/or Financial Sery certifying that the institution has reviewed the Section 53600 et seq. and the City's Invest ders r vestment adviser) must ith a statement overnment Code D. Selection of broker/dealers used by . external i st ent adviser retained by the adviser. City will be at the sole discretion E. Public deposits will be m. Ae by State law. Deposit Corporation, or, to the extent collateralized in accorda with only in qua r' public depositories as established 1 be insur- by the Federal Deposit Insurance amount exceeds the insured maximum, will be law. VII. DELIVERY, SA EPL r' D CUSTODY, AND COMPETITIVE TRANSACTIONS A. Delivery-vers, ;pay .t Settlement of all investment transactions will be completed u. .tand. d delivery -vs. -payment procedures. C. eeping: To protect against potential losses by collapse of ual se rities dealers, and to enhance access to securities, interest ents and maturity proceeds, all securities owned by the City will be held in eeing by a third party bank custodian, acting as agent for the City under the f a custody agreement executed by the bank and the City. Competitive transactions: All investment transactions will be conducted on a competitive basis which can be executed through a bidding process involving at least three separate brokers/financial institutions or through the use of a nationally recognized trading platform. Page 4 of 18 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: VIII. AUTHORIZED AND SUITABLE INVESTMENTS All investments will be made in accordance with Sections 53600 et seq. of the Government Code of California and as described within this Investment Policy. Permitted investments under this policy will include: 1. Municipal Bonds. These include bonds of the City, the any other state, and any local Agency within the state bonds will be registered in the name of the City or hel agreement at a bank. The bonds shall be rated at the t' the 4 highest general classifications established nationally recognized expertise in rating bonds subdivisions. a. No more than 5% per issuer. 2. U.S. Treasury and other gove credit of the United States e interest. There are no limits on the may invest in U.S. Tre.,,uries. 3. Federal Agency or obligations, participa fully guaranteed States governmen amount or r: r' : nta enterprise • b. d lifornia, The custodial se within service of their political r which the full faith and he payment of principal and ount or percentage that the City States government -sponsored enterprise r instruments, including those issued by or and interest by federal agencies or United enterprises. There are no limits on the dollar at the City may invest in government -sponsored nces provided that: They issued by institutions with short term debt obligations rated "A 1" or higher, or the equivalent, by at least two nationally recognized statistical -rating organization (NRSRO); and have long-term debt obligations which are rated "A" or higher by at least two nationally recognized statistical rating organization; The maturity does not exceed 180 days; and, c. No more than 40% of the total portfolio may be invested in banker's acceptances and no more than 5% per issuer. Page 5 of 18 TITLE: Investments POLICY #203 ADOPTED: October 23,1990 AMENDED: 5. Federally insured time deposits (Non-negotiable certificates of deposit) in state or federally chartered banks, savings and loans, or credit unions, provided that: a. The amount per institution is limited to the maxim d under federal insurance; and, b. The maturity of such deposits does not exceed 5 ye 6. Certificate of Deposit Placement Service (CDA a. No more than 30% of the total portfolio m of certificates of deposit including b. The maturity of CDARS deposi 7. Negotiable Certificates of D n a combination a. They are issued by institutions w ave long-term obligations which are rated "A" or r by at lea two nationally recognized statistical rating organizations; a :,r have short term debt obligations rated "Al" or higher, or the e. alent, t least two nationally recognized statistical rating organiz b. The maturity . eed 5 years; and, c. No more 30 -: the total portfolio may be invested in NCDs and no •more 5' ,'' r 'ssuer. c. aper provided that: The maturity does not exceed 270 days from the date of purchase; he issuer is a corporation organized and operating in the United States with assets in excess of $500 million; They are issued by institutions whose short term obligations are rated "A 1" or higher, or the equivalent, by at least two nationally recognized statistical rating organization; and whose long-term obligations are rated "A" or higher by at least two nationally recognized statistical rating organization; and, Page 6 of 18 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: d. No more than 25% of the portfolio is invested in commercial paper and no more than 5% per issuer. 9. State of California Local Agency Investment Fund (LA ), p« d that: a. The City may invest up to the maximum permitted amo . AIF; and, b. LAIF's investments in instruments prohibited b or s r - ified in the City's policy do not exclude it from the of allowable investments, provided that the fund's repo low "`; irector of Finance or Financial Services Officer to a e dge the risk inherent in LAIF's portfolio. 10. Local government investmen a. San Diego County Investment 11. Corporate medium t otes (MTN: , provided that: a. Such notes have aturity of 5 years; b. Are issued b •. ,, .ns organized and operating within the United States or �epu.< �.� y institutions licensed by the United States or any state . • op within the United States; 0 ' category or better by at least two nationally recognized ting organization; and, Holdings of medium -term notes may not exceed 30% of the portfolio and o more than 5% per issuer. 12. ortgage pass -through securities and asset -backed securities, provided that such securities: a. have a maximum stated final maturity of 5 years; b. be issued by an issuer having an "A" or higher rating for the issuer's debt as provided by at least two nationally recognized statistical rating organization; Page 7 of 18 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: c. be rated in a rating category of "AA" or its equivalent or better by at least two nationally recognized statistical rating organization. d. Purchase of securities authorized by this subdivision ma a eed 20% of the portfolio. 13. Money market mutual funds that are registered with cunties and Exchange Commission under the Investment Company IX. PORT a. Provided that such funds meet either of the fo 1. Attained the highest ranking or the hig provided by not less than two organizations; or, 2. Have retained an in registration with the Secun less than five , ears' experi obligations au (a through j) and million. b. Purchase of se of the po kise LIO k GEMENT ed by Calif assets a: t lette '''". numerical rating ognized statistical rating registered or exempt from xchange Commission with not investing in the securities and is Government Code Section 53601 under management in excess of $500 horized by this subdivision may not exceed 20% lowin re prohibited investment vehicles and practices: tate law notwithstanding, any investments not specifically described herein prohibited, including, but not limited to futures and options. 2. In accordance with Government Code Section 53601.6, investment in inverse floaters, range notes, or mortgage derived interest -only strips is prohibited. 3. Investment in any security that could result in a zero interest accrual if held to maturity is prohibited. 4. Trading securities for the sole purpose of speculating on the future direction of interest rates is prohibited. Page 8 of 18 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: 5. Purchasing or selling securities on margin is prohibited. 6. The use of reverse repurchase agreements, securities lens.', y other form of borrowing or leverage is prohibited. 7. The purchase of foreign currency denominated securities is B. Mitigating credit risk in the portfolio Credit risk is the risk that a security or a portfolio lose or all of its value due to a real or perceived change in the ab' ', A uer to repay its debt. The City will mitigate credit risk by adopti a ing tegies: 1. The diversification requirem mitigate credit risk in the portfolio; Section IX are designed to 2. No more than 5% of atal portfoli a may be invested in securities of any single issuer, other than th 3. The City may ele gain or loss in or in response Government, its agencies and enterprises; urity prior to its maturity and record a capital ve the quality, liquidity or yield of the portfolio itions or City's risk preferences; and, 4. 1ffcuri wnec y the City are downgraded by either Moody's or S&P to levquality required by this Investment Policy, it will be the o review the credit situation and make a determination as to ell or retain such securities in the portfolio. a security is downgraded, the Director of Finance and/or Financial Services Officer will use discretion in determining whether to sell or hold the security based on its current maturity, the economic outlook for the issuer, and other relevant factors. b. If a decision is made to retain a downgraded security in the portfolio, its presence in the portfolio will be monitored and reported monthly to the City Council. Page 9of18 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: C. Mitigating market risk in the portfolio Market risk is the risk that the portfolio value will fluctuate due to changes in the general level of interest rates. The City recognizes that, over time, longer -term portfolios have the potential to achieve higher returns. On the o . s , longer- tenn portfolios have higher volatility of return. The City will : itiga rket risk by providing adequate liquidity for short-term cash needs, and ger- term investments only with funds that are not needed for +t cas flow purposes. The City further recognizes that certain types • ecun - ncluding variable rate securities, securities with principal paydo aturity, and securities with embedded options, will affect the profile of the portfolio differently in different interest rate envi .iments e City, therefore, adopts the following strategies to control a •• i j a s exposure to market risk: 1. The City will maintain a min expenditures in short term i v expected disbursements; s of budgeted operating ovide sufficient liquidity for 2. The maximum perce callable sec ities (does not include "make whole call" securities as defined e Glossary) in the portfolio will be 20%; 3. The maximum st urity of individual securities in the portfolio will be five years, • therwise stated in this policy; and, 4. The dura o . •rtfolio will at all times be approximately equal to the dtation ally us or minus 20%) of a Market Benchmark Index selected on the City's investment objectives, constraints and risk he City's current Benchmark will be documented in the rocedures manual. X. INVES T OBJECTIVES (PERFORMANCE STANDARDS AND EVALUATION) A. Overall objective: The investment portfolio will be designed with the overall objective of obtaining a total rate of return throughout economic cycles, commensurate with investment risk constraints and cash flow needs. B. Specific objective: The investment performance objective for the portfolio will be to earn a total rate of return over a market cycle which is approximately equal to the return on the Market Benchmark Index as described in the City's investment procedures manual. Page 10 of 18 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: XI. PROCEDURES AND INTERNAL CONTROLS A. Procedures The Director of Finance and/or Financial Services Officer will investment policy procedures in a separate investment procedure investment staff with day-to-day operations of the investment progr this policy. Such procedures will include explicit delegation of a responsible for investment transactions. No person may eng transaction except as provided under the terms of this po established by the Director of Finance and/or Financial Servi B. Internal Controls The Director of Finance and/or Financial Sery and maintaining an internal control structur are protected from loss, theft or misuse. provide reasonable assurance that these obje described in the City's investment *rocedures ma XII. REPORTING A. Quarterly reports Quarterly inves re.' ill be submitted by the Director of Finance and/or Financial Se es i er to the City Council, at an agendized meeting, consi;nt e re c irements contained in Government Code section 53646, in•,. dint no ted to the following information: written o assist ith to persons vestment procedures onsible for establishing that the assets of the City of structure will be designed to met. Internal controls will be e of it stment ame of issuer and/or financial institution ate of purchase e of maturity 5. urrent market value for all securities 6. Rate of interest 7. Purchase price of investment 8. Other data as required by the City Page 11 of 18 TITLE: Investments POLICY #203 ADOPTED: October 23, 1990 AMENDED: B. Annual reports The Investment Policy will be reviewed and adopted at least annually to ensure its consistency with the overall objectives of preservation of principal, liquidity and return, and its relevance to current law and financial and econo Related Policy References Ca. Government Code Sections: 16429.1 — 16429.4, and 53600 Investment Advisors Act of 1940 Securities and Exchange Commission Rule #15C3-1 Appendix I attached: "Authorized Personnel" Appendix II attached: "Glossary of Investment Prior Policy Amendments January 10, 2012 Page 12 of 18 Appendix I Authorized Personnel The following positions are authorized to transact investment business and wire funds for investment purposes on behalf of the City of National City: City Manager Director of Administrative Services Director of Finance Financial Services Officer Page 13 of 18 Appendix II Glossary of Investment Terrns© Agencies. Shorthand market terminology for any obligation issued by a government -sponsored entity (GSE), or a federally related institution. Most obligations of GSEs are not guaranteed by the full faith and credit of the US government. Examples are: FDIC. The Federal Deposit Insurance Corporation provides insurance backed by the full faith and credit of the US government to certain bank ,. and debt obligations. FFCB. The Federal Farm Credit Bank System provides credit . liqui� r. the agricultural industry. FFCB issues discount notes and bonds. FHLB. The Federal Home Loan Bank provides cred' ty in the housing market. FHLB issues discount notes and bonds. FHLMC. Like FHLB, the Federal Home Loan M ration provides credit and liquidity in the housing market. FHLMC, also ailed'eddieMac" issues discount notes, bonds and mortgage pass -through FNMA. Like FHLB and FreddieMac, was established to provide credit and li known as "FannieMae," issues discou t securities. GNMA. The Govern» ent National "GinnieMae," issues mortgage p ough secun faith and credit of the US Governmen 1 Mortgage Association using market. FNMA, also and mortgage pass -through ortgage Association, known as ies, which are guaranteed by the full PEFCO. The Private +rt Fu corporation assists exporters. Obligations of PEFCO are not guaranteed y t' 1 f ith and credit of the US government. TVA. The Tennesse uthority provides flood control and power and promotes development io the Tennessee, Ohio and Mississippi River valleys. TVA currentlissue' . sco es and bonds. Askelt Th- p at ich a seller offers to sell a security. ag ortgage-related investments, including CMOs, the average time t exsected t of principal payments, weighted by the amount of principal ex ker's acceptance. A money market instrument created to facilitate internati.: tr. a transactions. It is highly liquid and safe because the risk of the trade transaction ; ransferred to the bank which "accepts" the obligation to pay the investor. Benchmark. A comparison security or portfolio. A performance benchmark is a partial market index, which reflects the mix of securities allowed under a specific investment policy. Bid. The price at which a buyer offers to buy a security. Broker. A broker brings buyers and sellers together for a transaction for which the broker receives a commission. A broker does not sell securities from his own position. Callable. A callable security gives the issuer the option to call it from the investor prior to its maturity. The main cause of a call is a decline in interest rates. If Page 14 of 18 interest rates decline since an issuer issues securities, it will likely call its current securities and reissue them at a lower rate of interest. Callable securities have reinvestment risk as the investor may receive its principal back when interest rates are lower than when the investment was initially made. Certificate of Deposit (CD). A time deposit with a specific maturity evidenced by a certificate. Large denomination CDs may be marketable. Collateral. Securities or cash pledged by a borrower to secure repayment of a loan or repurchase agreement. Also, securities pledged by a financial institution to secure deposits of public monies. Collateralized Mortgage Obligations (CMO). Classes of bon. . istribute the cash flows of mortgage securities (and whole loans) to create curi hat have different levels of prepayment risk, as compared to the underlying mo Commercial paper. The short-term unsecured debt of corpor Cost yield. The annual income from an investment dividease cost. Because it does not give effect to premiums and discounts whic a ; v . en included in the purchase cost, it is an incomplete measure of return. Coupon. The rate of return at which interest is pat Credit risk. The risk that principal and/or er= an investment will not be paid in a timely manner due to changes in the c•: . . the r. Current yield. The annual incom "om an in` a.tm nt divided by the current market value. Since the mathematical tion reli on the current market value rather than the investor's cost, current yield i .elate=. to the actual return the investor will earn if the security is held to aturity. Dealer. A dealer acts a .rincipal in curity transactions, selling securities from and buying securities for his o .sition. Debenture. A bond secu -d on he general credit of the issuer. Delivery vs. payment A ;: curities industry procedure whereby payment for a security must be made . he security is delivered to the purchaser's agent. Derivative. An urit has principal and/or interest payments which are subject to uncertaint gut f•r reasons of default or credit risk) as to timing and/or amount, or a sec hich presents a component of another security which has been separated , om r co ents ("Stripped" coupons and principal). A derivative is also defines : s a fi in rument the value of which is totally or partially derived from the ue o other rument, interest rate or index. ount. T e difference between the par value of a bond and the cost of the bond, the cost is below par. Some short-term securities, such as T-bills and banker's a• tances, are known as discount securities. They sell at a discount from par, and re 'rn the par value to the investor at maturity without additional interest. Other securities, which have fixed coupons trade at a discount when the coupon rate is lower than the current market rate for securities of that maturity and/or quality. Diversification. Dividing investment funds among a variety of investments to avoid excessive exposure to any one source of risk. Duration. The weighted average time to maturity of a bond where the weights are the present values of the future cash flows. Duration measures the price sensitivity of a bond to changes in interest rates. (See modified duration). Page 15 of 18 Federal funds rate. The rate of interest charged by banks for short-term loans to other banks. The Federal Reserve Bank through open -market operations establishes it. Federal Open Market Committee: A committee of the Federal Reserve Board that establishes monetary policy and executes it through temporary and permanent changes to the supply of bank reserves. Haircut: The margin or difference between the actual market value of a security and the value assessed by the lending side of a transaction (i.e. a repo). Leverage. Borrowing funds in order to invest in securities that have the potential to pay earnings at a rate higher than the cost of borrowing. Liquidity: The speed and ease with which an asset can be cony o ash. Make Whole Call. A type of call provision on a bond that ._ow . ' � issuer to pay off the remaining debt early. Unlike a call option, with a make w = call ion, the issuer makes a lump sum payment that equals the net present val V) o ture coupon payments that will not be paid because of the call. Wit i , his t call, an investor is compensated, or "made whole." Margin: The difference between the market broker makes using that security as collateral. Market risk. The risk that the value of se overall market conditions or interest rates. Market value. The price at which a Marking to market. The proces in a portfolio. Maturity. The final date u.on which the payable. Medium term notes. Uns major corporations which are so an intermittent basis. MTNs a respond to market opportunit Modified dura yields. Modified dur to market risl. M� Bey es, co an paymen M funds in a and the loan a fluctuate with changes in tra ed. nt market values for securities pal of a security becomes due and ed, investment -grade senior debt securities of 'v-ly small amounts either on a continuous or ible debt instruments that can be structured to estor preferences. ent change in price for a 100 basis point change in st single measure of a portfolio's or security's exposure e market in which short term debt instruments (Tbills, c' paper and banker's acceptances) are issued and traded. age pthrough securities. A securitized participation in the interest al cashflows from a specified pool of mortgages. Principal and interest ade on the mortgages are passed through to the holder of the security. fund. An entity which pools the funds of investors and invests those t of securities which is specifically defined in the fund's prospectus. Mutual funds can be invested in various types of domestic and/or international stocks, bonds and money market instruments, as set forth in the individual fund's prospectus. For most large, institutional investors, the costs associated with investing in mutual funds are higher than the investor can obtain through an individually managed portfolio. Premium. The difference between the par value of a bond and the cost of the bond, when the cost is above par. Prepayment speed. A measure of how quickly principal is repaid to investors in mortgage securities. Page 16 of 18 Prepayment window. The time period over which principal repayments will be received on mortgage securities at a specified prepayment speed. Primary dealer. A financial institution (1) that is a trading counterparty with the Federal Reserve in its execution of market operations to carry out U.S. monetary policy, and (2) that participates for statistical reporting purposes in compiling data on activity in the U.S. Government securities market. Prudent person (man) rule. A standard of responsibility which applies to fiduciaries. In California, the rule is stated as "Investments shall be managed with the care, skill, prudence and diligence, under the circumstances then prevailing, that a prudent person, acting in a like capacity and familiar with such matters . se in the conduct of an enterprise of like character and with like aims to . cco .. similar purposes." Realized yield. The change in value of the portfolio due to in received and interest earned and realized gains and losses. It does not give effec o cha . w'n market value on securities, which have not been sold from the portfolio. Regional dealer. A financial intermediary that buy unties for the benefit of its customers without maintaining substantial in orie ecurities, and that is not a primary dealer. Repurchase agreement (RP, Repo). .' pu ,c., es of securities with a simultaneous agreement to sell the securiti back at a ' ..ghe price. From the seller's point of view, the same transaction is a re epurch agreement. Safekeeping. A service to bank cus reby securities are held by the bank in the customer's name. Short Term. Less than o . ) year's time Structured note. A comp fixed income instrument, which pays interest, based on a formula tied to other ' teres e , commodities or indices. Examples include inverse floating rate notes wh. co ..ons that increase when other interest rates are falling, and which fall whe at rest rates are rising, and "dual index floaters," which pay interest basationship between two other interest rates - for example, the yield o e e.r Treasury note minus the Libor rate. Issuers of such notes lock in Oredu ost o on -owing by purchasing interest rate swap agreements. T i al ra f re A measure of a portfolio' performance over time. It is the of e w ch equates the beginning value of the portfolio with the ending des i est earnings, realized and unrealized gains, and losses in the Treasury obligations. Securities issued by the U.S. Treasury and backed by the full fai d credit of the United States. Treasuries are considered to have no credit risk, and . e the benchmark for interest rates on all other securities in the US and overseas. The Treasury issues both discounted securities and fixed coupon notes and bonds. Treasury bills. All securities issued with initial maturities of one year or less are issued as discounted instruments, and are called Treasury bills. The Treasury currently issues three- and six-month T-bills at regular weekly auctions. It also issues "cash management" bills as needed to smooth out cash flows. Treasury notes. All securities issued with initial maturities of two to ten years are called Treasury notes, and pay interest semi-annually. Page 17 of 18 Treasury bonds. All securities issued with initial maturities greater than ten years are called Treasury bonds. Like Treasury notes, they pay interest semi-annually. Value. Principal plus accrued interest. Volatility. The rate at which security prices change with changes in general economic conditions or the general level of interest rates. Yield to Maturity. The annualized internal rate of return on an investment which equates the expected cash flows from the investment to its cost. Page 18 of 18 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Donation Acceptance Policy POLICY #204 ADOPTED: October 21, 2003 AMENDED: Purpose From time to time, individuals, community groups and businesses ay to make donations to the City in either cash or in -kind contributions that ance •: cts, facilities, and programs, and the need for such projects, facilities a ams often exceeds the City's ability to fund them. Accordingly, it is an acc-. ble an. +propriate practice to accept donations, in order to enhance city programs a /o� i t s to provide a higher level of service to the public. The purpose of this policy is to establish an acceptance of donations made to the City. It such a way so as to distinguish between do individuals (ie gifts or campaign contribu Policy All donations made to the Ci ,11 be acce F' ed and processed according to the following: efficient process for the o process donations in the " ity, versus those made to 1. The donation must ha aAo e onsistent with City goals and objectives. 2. The City Counc d ., .. any donation without comment or cause. 3. The doiatio t not e in conflict with any provision of the law. ill be aesthetically acceptable to the City of National City. donation will not add to the workload of the City Council or staff unless it 'de a net benefit to the City. 6. The donation will not require hidden costs such as starting a program the City would be unwilling to fund when the donation was exhausted. To the extent the donation is for specific funding of a program or position, any such donation can be accepted but will not be conditioned on continuing funding for that program or position beyond the donation amount. 7. The donation must place no restriction on the City, unless agreed to by the City Council. Page 1 of 4 TITLE: Donation Acceptance Policy POLICY #204 ADOPTED: October 21, 2003 AMENDED: 8. The donation shall become the property of the City. 9. All donations will receive recognition appropriate to the level and nature of the donation as determined by the City. For those of a capital natu ' « ay be in the form of signage, marking or naming, as determined by the Council. Regardless of the recognition strategy selected, the intent shall o app -. tely honor the donor for their contribution to the community. . earance of traditional commercial advertising or product endorsem : that ;, ote the donor shall be prohibited. 10. All monetary donations shall be submitted to the nanc-.attment staff. A receipt shall be made available from th a c epartment, upon request. Recipient departments shall notify tco ''ment of all donations received, whether monetary or other 11. Cash donations exceeding $5,000, an.' • , -kin• donations exceeding $5,000 in value, must be submitted through a w agreement consistent with these guidelines and approved r Ae City Cou i1. In -kind capital donations will be subject to normal City review, - •;+ itting, inspection and insurance requirements. 12. At the time of ac acknowledged in write City Attorney. copy forward Related Counc Co T o a donations, regardless of value, will be recipient department, in a format approved by the acknowledgement will be sent to the donor and a nce Department. ohcy #1 * . ating City Property & Police Unclaimed Property #117: ,ristribution & Reporting of Tickets and Passes tes for "Donation Acceptance" agreements are attached to this policy Prior Poli mendments None Page 2 of 4 UNCONDITIONAL DONATION OF PERSONAL PROPERTY (ART WORK) TO THE CITY OF NATIONAL CITY (hereinafter referred to as "the Donor") hereby (Name of Donor) makes an unconditional donation, in perpetuity, of (Description of Donation) (hereinafter referred to as "the Donation") to the City of National City. Th: • .n nderstands and acknowledges that pursuant to Sections 37354 and 37355 of the C. o e ent Code, the City is authorized to accept said donation for any public purpose th. ` City es. Due to the nature of the donation work of art and the site on which it is i �::, ed, th rI NOR and his/her agents, heirs, successors and assigns hereby waive any and all gh , . y have under thee California Art Preservation Act, as set forth in Civil Code Se DONOR agrees that upon completion, the physical work of art which is create .,; rsuan. " 's Agreement shall be transferred to and shall vest in the City of National , •e DONOR hereby expressly waives and releases all rights of ownership to thew. r^ cl hose under Civil Service Code Section 988. The DONOR, his/her agent eirs, suc urs ` d assigns also agree not to attempt to defeat this waiver by cooperating y organiz.E w.n which seeks to bring an action under Civil Code Section 989. The Donor hereby releases the City National City a ' its officers, employees and volunteers, against and from any and all liabilit , damages t• property, claims, demands, suits, actions, proceedings, costs or attorney's fees, o '.ir^ . kind or nature, resulting from or arising out of the City's use of the Donation. The individual executi legal power, light partnership or of executio his/ that t = exec bo ate o r e Dated: a tion o r agr nt on behalf of the Donor represents that he/she has the bind the Donor; that all requisite action (corporate, trust, een taken by the Donor in connection with authorizing the at this document shall be legally enforceable as to the Donor; and ocument does not conflict with or result in the breach of any contract, ment or instrument to which the Donor is a party. DONOR By: (Authorized Representative) For Office Use Only Certificate of Insurance Approved Page 3 of 4 Date UNCONDITIONAL DONATION OF PERSONAL PROPERTY TO THE CITY OF NATIONAL CITY (hereinafter referred to as "the Donor") hereby (Name of Donor) makes an unconditional donation, in perpetuity, of (Description of Donation) (hereinafter referred to as "the Donation") to the City of National City. Th and acknowledges that pursuant to Sections 37354 and 37355 of the C Code, the City is authorized to accept said donation for any public purpose tha As a condition of the granting of permission by the City of National Ci its activities on public property, the donor hereby agree(s) to d harmless the City of National City its officers, employees and a all claims, demands, costs, losses, liability or, for any personal or both, or any litigation and other liability, includin arising out of or related to the use of public prop contractors. The Donor agrees to provide a insurance for bodily injury and property dam employees named as additional insured. A certifi The individual executing this docu legal power, right and authority t partnership or otherwise) has been execution of this document; that t that the execution of this docutr bond, note or other agreement o For Offic: • my Certificate of Insurance Approved nderstands ent es. to conduct ify and hold against any and ry, d:<"'+r property damage, s and the costs of litigation, its agents, employees or ,00l,i00 combined single limit the City, its officials, agents and ce must be attached to this form. on behalf of Donor represents that he/she has the the Donor; hat all requisite action (corporate, trust, y the Donor in connection with authorizing the all be legally enforceable as to the Donor; and onflict with or result in the breach of any contract, to which the Donor is a party. By: (Authorized Representative) Date Page 4 of 4 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Intrabudget Adjustment Request Policy for the POLICY #20.5 Mayor and City Council ADOPTED: January 16, 2007 Purpose To establish a procedure for the transfer of funds, from one ac nt another, for accounts within the control of the Mayor or a City Councilmember. AMENDED: Policy The Intrabudget Adjustment Request (IBAR) is the proced appropriation from one budgetary account to another. is used to transfer an For accounts within the control of a Councilmemb-.. the I13AR form shall be signed by the Councilmember initiating the request, and co =,,t e. by the Mayor. For accounts within the control of the Mayor, and countersigneeby the Vi The IBAR form is available from the Related Policy References Budget Manual Prior Polic Am None e IBAR form shall be signed by the ce Department or via the City's Intranet page. Page 1 of 1 {Deleted: also - Deleted: also CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Intrabudget Adjustment Request Policy for the POLICY #205 Mayor and City Council ADOPTED: January 16, 2007 AMENDED: Purpose To establish a procedure for the transfer of funds, from one acco accounts within the control of the Mayor or a City Councilmembe Policy The Intrabudget Adjustment Request (IBAR) is the proc appropriation from one budgetary account to anot For accounts within the control of a Coun the Councilmember initiating the request, an For accounts within the control �,; the Mayor, t Mayor, and countersigned by the ► Mayor. sed to transfer an BA • form shall be signed by d by the Mayor. AR form shall be signed by the The IBAR form is available fro Department or via the City's Intranet page. Related Policy References Budget Manual Prior Polic None Page 1 of 1 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Legislative and Judicial Platform POLICY #301 ADOPTED: February 24, 1991 Purpose To establish guidelines which allow staff to respond to proposed legislation an .ending litigation quickly and effectively and to serve as broad statement. Cie policy on a variety of public issues. AMENDED: Policy The City Council shall adopt a legislative and judicia slat' and annual legislative priorities, developed by staff as policy parameters in • `^er to respond to proposed legislation and pending litigation quickly. The direction p ovided in the legislative and judicial platform will encompass principles fund to the needs of the City. This platform shall be updated and revised by the u .. R it as necessary. In addition, the Council shall adopt legislative priorities aThese Council endorsed legislative priorities may address specific and p d' ', onal, state, and federal policy issues for the City of National City. Genera e egislative priorities document shall include only those items of a direct and su nt impact on municipal operations. The City will work with local legislate s, as • appropriate, in advancing the City's adopted legislative platform. The City of National Ci y e .dative platform and priorities formally establishes the City's position on peegislative matters. With this policy guidance, the City Manager's Office s . , . ` + to for and against legislative matters as appropriate without waiting for Coun . a. . The method of communication and level of engagement will be dete F -. ':y the City Manager's Office based on the Council priorities, legislati e and urgency of the legislative proposal. The City Council will be prov' th gislative updates and copies of correspondence sent on behalf of the City. Si ilarly, t " platform and priorities allow the staff to provide input into the judicial sys , s h as by adding the City's name to amicus curiae briefs, by corresponding with appe e courts, or by supporting efforts of the League of California Cities' Legal Advocacy Committee, without waiting for Council approval. Written correspondence to the appellate courts or requests to participate in amicus curiae briefs will be signed by the City Attorney or designee, with a copy to the City Council. Council approval is required on those issues which do not fall within the parameters of the legislative and judicial platform or legislative priorities, unless scheduling and approval is not possible due to the emergency nature of the legislation or litigation or to Page 1 of 8 TITLE: Legislative and Judicial Platform POLICY #301 ADOPTED: February 24, 1991 AMENDED: the necessity of City action which prevents such scheduling in a timely manner. In such cases, the City Manager shall determine the appropriate course of action as to legislative matters, after considering the recommendation of the Department Director; and the City Attorney shall make such determinations on litigation issues. Timeline The Council shall periodically update the legislative and judicial p1.i ' needed. The Council shall annually adopt legislative priorities. On or before No '-r 15th, the City Manager shall submit legislative policy recommendations to .e Cyttn for review. On or before the final City Council Meeting in December, th:Council shall formally adopt the annual Legislative Priorities. On or before April 1st, the City Manager's office shall compile items to be submitted for inclusion in the state and/or federal budget. On or •. .re June 1st, the City Council shall formally adopt the budget items for inclusion o . ,i 1 of National City. The priorities and timelines may be amen . the City Council from time to time when action on a matter appears to be of sj ie ' urgency that it would not be in the city's best interest to wait until the next le ti year. Related Policy References Legislative and Judicial 'J�a Memo attached as part of this policy Prior Policy A November 18, Page 2 of 8 2009 CITY OF NATIONAL CITY LEGISLATIVE AND JUDICIAL PLATFORM AND CORE PRIORITIES The National City Council urges the Legislature to: • Preserve and enhance the City's ability to deliver quality to National City's residents and visitors. • Preserve and enhance the City Council's ability to serve retaining local decision making authority and aining state legislative and voter commitments for revenue resources. st-effective services ational City residents by LEGIS VLATFORM MUNICIPAL CARE GISLATIVE PRIORITIES The following eight core affect National City a priority areas. I. HOME RUL e priorities highlight issues that could significantly tive advocacy efforts which will be focused in these CAL SUSTAINABILITY Local Control Thbelieves strongly in the principles of home rule authority and local control and its ability to increase the effectiveness and efficiency of local government services. The City encourages the Legislature to respect and support home rule and opposes legislation that attempts to weaken municipal home rule authority and flexibility. Fiscal Sustainability The City supports the retention of local taxing authority, the maintenance of fiscally balanced revenue sources, and measures that would provide fiscal independence to cities. Page 3 of 8 The City supports the full disbursement levels of existing revenue streams and directed funding sources including sales tax, property tax, transient occupancy tax (TOT) and vehicle in -lieu fees. The City opposes diversions and reallocations of these funds by the Legislature in a manner that would negatively affect local government. The City opposes unfunded mandates placed on local jurisdictions, and encourages the legislature to evaluate the fiscal impact such mandates will have on communities prior to considering the issue. II. INFRASTRUCTURE The City supports the retention of infrastructure funding and bond' housing and infill infrastructure projects and parks. The city recogni these key project areas will help to spur economic activity in . ,.ioryQ 'ity. The City supports efforts to provide more flexibility infrastructure projects. The City supports federal and state economic necessary resources and funds to invest in ne the transfer of goods and services throu economic development. III. TRANSPORTATION The City believes the mo success and to the mai City encourages the L multi -modal tran transportation decision-maki revenue treet projects, at funding for for necessary us initiatives that provide the infrastructure projects to improve region, create jobs and encourage of goods and people is vital to continued economic of a high quality of life. In order to preserve these, the e to invest in the maintenance and expansion of the State's network. The City supports regional coordination in but opposes efforts that limit local control in the transportation cess. orts measures to finance local and regional multi -modal transportation nts and to enhance transportation funding equity. The City opposes proposals that would adversely affect the quality of National City and its surrounding area. Furthermore, the council supports efforts that grant cities and towns the additional ability to provide for transportation improvements. Page 4 of 8 IV. PORT RELATED LEGISLATION The City and the Port of San Diego have attempted to work cooperatively to address the disparity that has long existed between the regional benefits of the Port and the unique local impacts of the Port on the City and its residents. The City is committed to pursuing public policy that would achieve the balance necessary between the Port, the Working Waterfront and National City consistent with the following six principles agreed upon by the parties: 1. Protection of Maritime Uses 2. Enhancement of the Working Waterfront 3. Environmental Compliance 4. Public and/or Visitor Serving Amenities 5. Financial Benefits to the Port and National City 6. Public Participation within National City Generally, the City is supportive of any legislative measure re consistent with the policies and intent of one or more of the foregoing prin '4' ales. her, the City Council supports efforts that grant Port communities the ability tnw,I ly address the economic and environmental impacts directly and indirectly attributed o the Port. National City is also supportive of public policy that provides fi incentives to Port communities for the preservation and expansion maritime ac '; it ithin its jurisdiction. V. ENERGY CONSERVATION & E O ENTAL PROTECTION The City recognizes the impo and private sector entities to environmental programs an The City supports prevention, supp without impos ce of working cooperatively with other governmental ent and manage efficient, cost-effective, and sound ices that secure clean air, water and land. to legislation and regulation that promotes pollution conservation efforts and encourages green development nded mandates. efforts that place a severe financial burden on municipalities. The City supports maintaining local authority in land use planning issues and supports legislative efforts that promote more orderly growth and opposes efforts that impede growth management, including the preservation of local authority to set land use policies. The City supports efforts to assist local governments in implementing sustainable development practices. Page 5 of 8 The City opposes legislation that would restrict a municipality's ability to redevelop under -performing areas. VII. ECONOMIC DEVELOPMENT The City supports efforts to enhance the range of economic development mechanisms at a municipality's disposal that would strengthen the abilities of local agencies to prepare for, and implement growth, development, redevelopment, conservation and beautification projects. The City opposes any attempt to limit local control over, or ability to execute ,a, s nomic development projects including through the diversion of redevelopment fuming The City opposes any state or federal proposals that reduce ec opportunities at the local level. This includes reductions an and housing subsidies. VIII. AFFORDABLE HOUSING The City recognizes the importance of housi balanced and healthy growth of the cit affordable housing efforts as a key This includes support for federal an to provide adequate housing for the the community. The followin and a is investment ons to block grants 1 income levels as critical to the s communities. The City supports to workforce recruitment and retention. articipation and financial support of programs disabled and low income persons throughout ATIVE PLATFORM CONTINUED rm statements address additional legislative issues that may arise, y at the federal and state levels. GOVERNMENTAL PUBLIC LIABILITY POLICY The City supports efforts to reinforce public entity design and discretionary act immunity. The City supports efforts to abolish lump -sum awards for damages and to substitute installment payments projected over the plaintiffs life span, to cease at time of death. Page 6 of 8 The City supports efforts to develop statutory provisions calling for the reimbursement of all public entity defense costs and expenditures incurred in the defense of frivolous and spurious claims and lawsuits. The City supports efforts to change the legal principal of "joint and several liability" to protect, ensure and otherwise provide that the City will not be a "deep pocket" liability target. The City opposes efforts to further erode governmental tort immunity. The City opposes any efforts to remove or weaken any statutory time li �,,'ts as t�' the filing and serving of claims and lawsuits as well as any efforts to open pubh.'=-ntities to liability for punitive or exemplary damages. The City opposes any efforts to expand situations in which public en may may be liable to pay for litigants' attorneys' fees or other litigation expense EMPLOYEE RELATIONS AND BENEFITS The City supports efforts that provide the City w establish appropriate working conditions and preserving and enhancing equal emplo employment, and opposing efforts employee issues. ssary resources and authority to s to its employees. This includes portunities for all people seeking the local decision making authority in The City is supportive of effo that r suit in improved public and private sector labor management relations and op s fforts that impose state mandates. The City supports effo t.' event abuses within the compensation system, which in turn results in increase.'_ o the municipality. PUBLIC SA "'` 'AND EMERGENCY SERVICES Th ity sorts initiatives to preserve and enhance the ability of local governments to str gica 'y plan for and respond to emergencies and efforts to ensure that the greatest leve ublic safety and emergency services are provided to the community without creating an unfunded mandate The City supports the retention of revenue streams for funding public safety employees, disaster preparedness, crime and fire prevention and suppression, emergency medical services and public safety training Page 7 of 8 TELECOMMUNICATIONS The City supports efforts that ensure consumer access to telecommunications services in an efficient and cost effective manner while retaining local government's authority. This includes retaining local government's ability to negotiate franchise agreements, the ability to regulate the use of public rights -of -way and collect appropriate revenues in order to maximize benefits to the consumer. Page 8 of 8 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Legislative and Judicial Platform POLICY #301 ADOPTED: February 24, 1991 Purpose To establish guidelines which allow staff to respond to proposed legis and .' ding litigation quickly and effectively and to serve as broad statement of CI +. 'cy on a variety of public issues. AMENDED: Policy The City Council shall adopt a legislative and -. ..0 'rm and annual legislative priorities, developed by staff as policy par ers _`,.rd ,' respond to proposed legislation and pending litigation quickly. e directio ;,'''ro ided in the legislative and judicial platform will encompass princip so the needs of the City. This platform shall be updated and revised by th as necessary. In addition, the Council shall adopt legislative p '•.rities annuall hese Council endorsed legislative priorities may address specific a . : nding regio 1, state, and federal policy issues for the City of National City. General e legislative priorities document shall include only those items of a direct an. ,. ubsta mpact on municipal operations. The City will work with local legis orb s ae sropriate, in advancing the City's adopted legislative platform. The City of National gi . 've platform and priorities formally establishes the City's positiiii on ding slative matters. With this policy guidance, the City Manager's Offic shal o .te for and against legislative matters as appropriate without waiting o appr +al. The method of communication and level of engagement will, de rmine the City Manager's Office based on the Council priorities, le : 've ate, a d urgency of the legislative proposal. The City Council will be provi. = ith legislative updates and copies of correspondence sent on behalf of the City. Similarly, .Ik .latform and priorities allow the staff to provide input into the judicial system, suc! •as by adding the City's name to amicus curiae briefs, by corresponding with appellate courts, or by supporting efforts of the League of California Cities' Legal Advocacy Committee, without waiting for Council approval. Written correspondence to the appellate courts or requests to participate in amicus curiae briefs will be signed by the City Attorney or designee, with a copy to the City Council. Council approval is required on those issues which do not fall within the parameters of the legislative and judicial platform or legislative priorities, unless scheduling and approval is not possible due to the emergency nature of the legislation or litigation or to Page 1 of 8 TITLE: Legislative and Judicial Platform POLICY #301 ADOPTED: February 24, 1991 AMENDED: the necessity of City action which prevents such scheduling in a timely manner. In such cases, the City Manager shall determine the appropriate course of action as to legislative matters, after considering the recommendation of the Department Director; and the City Attorney shall make such determinations on litigation issues. Timeline The Council shall periodically update the legislative and judicial pl Council shall annually adopt legislative priorities. On or before Manager shall submit legislative policy recommendations to or before the final City Council Meeting in December, t adopt the annual Legislative Priorities. On or before April 1st, the City Manager's inclusion in the state and/or federal budg- formally adopt the budget items for inclusion o h, the City or review. On cil shall formally pilitems to be submitted for une 1st, the City Council shall National City. The priorities and timelines may . A ended by t City Council from time to time when action on a matter appears to be of cient urgency that it would not be in the city's best interest to wait until the next egisl.' ear. Related Polic Refere Legislative and Judic'a ' l.. . ► emo attached as part of this policy Page 2 of 8 2009 CITY OF NATIONAL CITY LEGISLATIVE AND JUDICIAL PLATF AND CORE PRIORITIES The National City Council urges the Legislature to: • Preserve and enhance the City's ability to deliver quali to National City's residents and visitors. • Preserve and enhance the City Council's retaining local decision making autho commitments for revenue resources. LEGISL MUNICIPAL ective services tonal City residents by g state legislative and voter VE PLATFORM ISLATIVE PRIORITIES The following eight co gis .' priorities highlight issues that could significantly affect National City d 1. ive advocacy efforts which will be focused in these priority area I. HO►e R IFI L SUSTAINABILITY Home " and Local Control The City b ieves strongly in the principles of home rule authority and local control and its ability to increase the effectiveness and efficiency of local government services. The City encourages the Legislature to respect and support home rule and opposes legislation that attempts to weaken municipal home rule authority and flexibility. Fiscal Sustainabilitv The City supports the retention of local taxing authority, the maintenance of fiscally balanced revenue sources, and measures that would provide fiscal independence to cities. Page 3 of 8 The City supports the full disbursement levels of existing revenue streams and directed funding sources including sales tax, property tax, transient occupancy tax (TOT) and vehicle in -lieu fees. The City opposes diversions and reallocations of these funds by the Legislature in a manner that would negatively affect local government. The City opposes unfunded mandates placed on local jurisdictions, and encourages the legislature to evaluate the fiscal impact such mandates will have on communities prior to considering the issue. II. INFRASTRUCTURE The City supports the retention of infrastructure funding and bon housing and infill infrastructure projects and parks. The city re these key project areas will help to spur economic activity in projects, funding for The City supports efforts to provide more flexi. 4,ng revenue for necessary infrastructure projects. The City supports federal and state es' 'c stimu k' initiatives that provide the necessary resources and funds to invest in new'x.,..ry ' '� astructure projects to improve the transfer of goods and servic throughout egion, create jobs and encourage economic development. III. TRANSPORTATION The City believes the success and to the City encourafts thed multi-mo transp dec. goods and people is vital to continued economic f a high quality of life. In order to preserve these, the latu to invest in the maintenance and expansion of the State's network. The City supports regional coordination in opposes efforts that limit local control in the transportation The City'`:+,,.perts measures to finance local and regional multi -modal transportation improveme < and to enhance transportation funding equity. The City opposes proposals that would adversely affect the quality of National City and its surrounding area. Furthermore, the council supports efforts that grant cities and towns the additional ability to provide for transportation improvements. Page 4 of 8 IV. PORT RELATED LEGISLATION The City and the Port of San Diego have attempted to work cooperatively to address the disparity that has long existed between the regional benefits of the Port and the unique local impacts of the Port on the City and its residents. The City is committed to pursuing public policy that would achieve the balance necessary between the Port, the Working Waterfront and National City consistent with the following six principles agreed upon by the parties: 1. Protection of Maritime Uses 2. Enhancement of the Working Waterfront 3. Environmental Compliance 4. Public and/or Visitor Serving Amenities 5. Financial Benefits to the Port and National City 6. Public Participation within National City Generally, the City is supportive of any legislative measu policies and intent of one or more of the foregoin supports efforts that grant Port communities and environmental impacts directly and ind' also supportive of public policy that pro for the preservation and expansion maritime ac V. ENERGY CONSERVATION & E The City recognizes the imp and private sector entities to environmental progr The City sufp preventi witho. nsistent with the urther, the City Council address the economic to he Port. National City is entives to Port communities in its jurisdiction. ONMENTAL PROTECTION rking cooperatively with other governmental and manage efficient, cost-effective, and sound that secure clean air, water and land. to legislation and regulation that promotes pollution conservation efforts and encourages green development ed mandates. The CI poses efforts that place a severe financial burden on municipalities. VI. LAND US F PLANNING The City supports maintaining local authority in land use planning issues and supports legislative efforts that promote more orderly growth and opposes efforts that impede growth management, including the preservation of local authority to set land use policies. The City supports efforts to assist local governments in implementing sustainable development practices. Page 5 of 8 The City opposes legislation that would restrict a municipality's ability to redevelop under -performing areas. VII. ECONOMIC DEVELOPMENT The City supports efforts to enhance the range of economic development mechanisms at a municipality's disposal that would strengthen the abilities of local agencies to prepare for, and implement growth, development, redevelopment, conservation and beautification projects. The City opposes any attempt to limit local control over, or ability to to ece n= is development projects including through the diversion of redevelopmen The City opposes any state or federal proposals that reduc opportunities at the local level. This includes reductions an and housing subsidies. VIII. AFFORDABLE HOUSING c investment o block grants The City recognizes the importance of housi • income levels as critical to the balanced and healthy growth o; the city and i,,° communities. The City supports affordable housing efforts as a unponent t• workforce recruitment and retention. This includes support for federal and participation and financial support of programs to provide adequate housing for . elde ;`: isabled and low income persons throughout the community. ATIVE PLATFORM CONTINUED platfo "' statements address additional legislative issues that may arise, regularly at the federal and state levels. GOVERNMENTAL PUBLIC LIABILITY POLICY The City supports efforts to reinforce public entity design and discretionary act immunity. The City supports efforts to abolish lump -sum awards for damages and to substitute installment payments projected over the plaintiff's life span, to cease at time of death. Page 6 of 8 The City supports efforts to develop statutory provisions calling for the reimbursement of all public entity defense costs and expenditures incurred in the defense of frivolous and spurious claims and lawsuits. The City supports efforts to change the legal principal of "joint and several liability" to protect, ensure and otherwise provide that the City will not be a "deep pocket" liability target. The City opposes efforts to further erode governmental tort immunity. The City opposes any efforts to remove or weaken any statutory ti filing and serving of claims and lawsuits as well as any efforts to ope liability for punitive or exemplary damages. The City opposes any efforts to expand situations in which pu to pay for litigants' attorneys' fees or other litigation expense EMPLOYEE RELATIONS AND BENEFI The City supports efforts that provide th establish appropriate working conditions and preserving and enhancing equa employment employment, and opposing effo .t remove t employee issues. The City is supportive of eff management relations and op The City sup orts e turn results incre ay be liable ary resources and authority to o its employees. This includes ortunities for all people seeking e local decision making authority in t in improved public and private sector labor s that impose state mandates. ent abuses within the compensation system, which in the municipality. PU D EMERGENCY SERVICES The Cit s initiatives to preserve and enhance the ability of local governments to strategical) an for and respond to emergencies and efforts to ensure that the greatest level of public safety and emergency services are provided to the community without creating an unfunded mandate The City supports the retention of revenue streams for funding public safety employees, disaster preparedness, crime and fire prevention and suppression, emergency medical services and public safety training Page 7 of 8 TELECOMMUNICATIONS The City supports efforts that ensure consumer access to telecommunications services in an efficient and cost effective manner while retaining local government's authority. This includes retaining local government's ability to negotiate franchise agreements, the ability to regulate the use of public rights -of -way and collect appropriate revenues in order to maximize benefits to the consumer. Page 8 of 8 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Procedures and Requirements for POLICY # 402 Development Agreements ADOPTED: September 6, 2011 AMENDED: Purpose To adopt regulations establishing procedures and requirements for consideration of development agreements. Policy Under a development agreement, both the City and the developer commit themselves to proceed with a development in accordance with the terms of the agreement. The city may agree to process further applications in accordance with the City's building regulations and planning and zoning ordinances, regulations, and standards in effect at the time of the agreement, and not to subject the development to changes in those ordinances, regulations and standards for a specified time. In return, the developer may agree to construct specific improvements, provide public facilities and services, pay development impact fees, develop according to a specified time schedule or make other commitments that the City might otherwise have no authority to require a developer to perform. A development agreement is enforceable despite any changes to the General Plan, a specific plan, zoning, subdivision, or building regulations. The development agreement may provide that the developer shall be subject to future changes in development impact fees. Any fees received or costs recovered by the City shall comply with Government Code Section 66006. A development agreement is distinguishable from a "disposition and development agreement" entered into between a developer and a redevelopment agency, wherein the agency typically participates financially in the project in some way. The commitments made by a developer under a development agreement may be different in kind and scope than the exactions imposed by a city under the Mitigation Fee Act (Government Code Section 66000, et. seq.), which authorizes a city to impose impact fees on a development project involving the issuance of a permit for construction, but not a permit to operate; such fees are collected for the purpose of defraying the cost of public facilities related to the development project. Page 1 of 9 TITLE: Procedures and Requirements for POLICY # 402 Development Agreements ADOPTED: September 6, 2011 AMENDED: e. Provisions for reservation or dedication of land for public purposes; f. The nature and timing of construction of improvements; g. The date by which construction shall commence; h. The date by which construction of the development and eachphase of the development shall commence; i. Other commitments by the developer including, but not limited to, an agreement to construct specific improvements, provide public facilities and services, pay development impact fees, or make other commitments that the City requires; j. A commitment by the City to process the developer's application in accordance with the City's building regulations and planning and zoning ordinances, regulations, and standards in effect at the time the agreement is entered into, and not to subject the development to changes in such ordinances, regulations, and standards for a specified period of time; and k. For phased developments, and developments of long duration, the City and the developer may agree that the period of time for which the development will not be subject to changes in the City's building, planning, and zoning ordinances and regulations will be for a specified time that is less than the term of the agreement. 1. Other conditions, terms, restrictions, and requirements provided they do not prevent the development of the real property for the uses and to the density or intensity of development set forth in the agreement. A.5 Review of Applications: Submission to Planning Commission. The City Manager, or designee, shall review the application and shall reject it if it is inaccurate or incomplete for processing. If City staff fmds the application is complete and contains the information necessary to complete the development agreement, he or she shall accept it for filing. When both the application and agreement are determined by the City to be complete, the City Manager, or designee, shall submit the agreement to the Secretary of the Planning Commission, who shall place the agreement on a Commission agenda for a public hearing to consider the agreement for approval. At the time the City Manager, or designee, submits the agreement to the Secretary of the Planning Commission, City Attorney shall submit with the agreement a report indicating whether or not Page 3 of 9 TITLE: Procedures and Requirements for POLICY # 402 Development Agreements ADOPTED: September 6, 2011 AMENDED: the agreement would be consistent with the General Plan and any applicable specific plan. A.6 Hearing by City Council After the development agreement is considered by the Planning Commission, the City Manager, or designee, shall cause to have it placed on a City Council agenda to have it considered for approval by the Council after public hearing. The City Attorney shall submit with the agreement a report indicating whether or not the agreement would be consistent with the General Plan and any applicable specific plan. A.7 Concurrent Processing A development agreement may be processed concurrently with other applications for development for the same property. A.8 Other Parties In addition to the City and the developer, any federal, state, or local government agency may be included as a party to the development agreement under the authority of the Joint exercise of Powers Act (Government Code Section 6500 et seq.) or other authority. B. Notices and Ilearings B.1 Notice of Intention The City Clerk shall give notice of the intention to consider adoption of a development agreement at least ten days before the public hearings of the Planning Commission and the City Council. The notice shall be given as provided in Section 65091 of the Government Code. B.2 Form of Notice The form of Notice of Intention to consider adoption of a development agreement shall contain: a. The time and place of the hearing; b. A general explanation of the matter to be considered, including a general description of the area affected; and c. Other information required by specific provisions of this Policy or that the City Manager, or designee, considers necessary or desirable. Page 4 of 9 Comment [CS1]: GC 6500 is correct — this section is addressing allowing joint powers also be a patty to such agreements. TITLE: Procedures and Requirements for POLICY # 402 Development Agreements ADOPTED: September 6, 2011 AMENDED: B.3 Manner of Notice Notice of the intention to consider adoption of a development agreement shall be given as provided in Government Code Section 65091. B.4 Failure to Receive Notice The failure of any person or entity to receive notice shall not affect theauthority of the City to enter into a development agreement, or affect the validity of a development agreement. B.5 Rules Governing Conduct of Public Hearings A public hearing at which a development agreement is considered shall be conducted as nearly as possible in accordance with the procedural standards adopted under Government Code Section 65804 for the conduct of zoning hearings. Each person interested in the matter shall be given an opportunity to be heard. The developer has the burden of proof at the public hearing. C. Standards of Review, Findings, and Decision C.1 Recommendation by Planning Commission After the public hearing is held by the Planning Commission, the Commission shall adopt a resolution making its recommendation to the City Council as to whether the development agreement should be approved. The resolution shall set forth the reasons for the Commission's recommendation, including findings setting forth the Commission's determinations regarding the following: a. Whether the development agreement is consistent with the objectives, policies, land uses, and programs specified in the General Plan and any applicable specific plan; b. Whether the development agreement is compatible with the uses and regulations for the zone in which the property is located; c. Whether the development agreement is in conformity with the public convenience, general welfare, and good land use practice; d. Whether the development agreement will not be detrimental to the health, safety, and general welfare; e. For a development agreement that is to be entered into in connection with a subdivision, as defined in Government Code Section 66473.7, Page 5 of 9 TITLE: Procedures and Requirements for POLICY # 402 Development Agreements ADOPTED: September 6, 2011 AMENDED: whether the agreement provides that any tentative map will comply with the provisions of that section. f. Whether the development agreement offers to the City Substantial benefit in exchange for the vested right benefit granted to the developer. C.2 Decision by City Council a. After receipt of the recommendation of the Planning Commission, the City Council shall hold a public hearing. The Council may accept, disapprove, or modify the recommendation of the Planning Commission. The Council may, but is not required to, refer matters not previously considered by the Planning Commission during its hearing back to the Planning Commission for report and recommendation. The Planning Commission shall consider at a public meeting all matters referred back to it by the City Council and may, but is not required to, hold a public hearing on such matters. b. The City Council may not approve the development agreement unless it finds that the agreement is in compliance with the standards set forth in Section C.1. c. The decision whether to enter into a development agreement is within the sole discretion of the City Council. C.3 Approval of Development Agreement If the City Council approves the development agreement, it shall do so by the adoption of an ordinance. The City may enter into the agreement after the ordinance approving the agreement takes effect. D. Amendment and Cancellation of Development Agreement by Mutual Consent D.1 Initiation of Amendment or Cancellation A development agreement may be amended, or cancelled in whole or in part, by mutual consent of the parties to the agreement or their successors in interest. Either party may initiate such amendment or cancellation. D.2 Procedure a. The procedure for proposing and adopting an amendment to or cancellation in whole or in part of the development agreement is the same Page 6 of 9 TITLE: Procedures and Requirements for POLICY # 402 Development Agreements ADOPTED: September 6, 2011 AMENDED: as the procedure for entering into an agreement in the first instance, as set forth in Sections "B" and "C" of this Policy. b. If the City initiates the proposed amendment to or cancellation in whole or in part of the development agreement, it shall first give notice to the developer of its intention to initiate such proceedings at least 30 days in advance of the giving of the Notice of Intention to consider the amendment or cancellation required by Section "B". E. Recordation E.1 Recordation of Development Agreement, Amendment or Cancellation a. Within 10 days after the City enters into the development agreement, the City Clerk shall have the agreement recorded with the County Recorder. The agreement shall run with the land and inure to the benefit of and bind successors in interest. b. If the City and the developer or the developer's successor in interest amend or cancel the agreement as provided in Government Code Section 65868, or if the City terminates or modifies the agreement as provided in Government Code Section 65865.1 for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the City Clerk shall cause notice of such action to be recorded with the County Recorder within 10 days. F. Periodic Review F.1 Time for Initiation of Review The City Council shall review the development agreement at a public hearing at least every 12 months from the date the agreement is entered into. The time period before which review may occur may be shortened either by agreement of the City and the developer or by initiation in one or more of the following ways: a. Recommendation of the City Manager, or designee; or b. Action of the City Council. The failure to conduct a review in any 12 month period does not preclude a later review. F.2 Notice of Review The City shall begin the review proceeding by giving notice that the City Council intends to undertake a review of the development agreement. Page7of9 TITLE: Procedures and Requirements for POLICY # 402 Development Agreements ADOPTED: September 6, 2011 AMENDED: F.3 Delegation or Referral to Planning Commission At the time the development agreement is reviewed by the City Council, the Council may: a. Review the development agreement itself; or b. Delegate the review to the Planning Commission for a determination; or c. Refer the review to the Planning Commission for a recommendation as to the action to be taken by the City Council. F.4 Procedure The notice and hearing procedure for review of the development agreement is the same as the procedure for entering into the agreement in the first instance, as set forth in Section "B" of this Policy. F.5 Public Hearing The decision -making body shall conduct a public hearing at which the developer must demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue is with the developer. At the time and place set for hearing, the developer shall be given an opportunity to be heard. F.6 Findings a. At the conclusion of the public hearing, the decision -making body shall adopt a resolution making findings based on substantial evidence as to whether or not the developer has, for the period of time under review, complied in good faith with the terms and conditions of the development agreement. b. If the decision -making body fords and determines on the basis of substantial evidence that the developer has complied in good faith with the terms and conditions of the development agreement during the period of time under review, the review for that period is concluded. c. If the decision -making body fords and determines on the basis of substantial evidence that the developer has not complied in good faith with the terms and conditions of the development agreement during the period of time under review, it shall in its resolution modify or terminate the agreement. If the agreement is modified, the decision -making body may impose those conditions to its action as .it considers necessary to protect the interests of the City. If the decision -making body determines to modify the agreement, it shall do so only in a manner reasonably related to Page 8 of 9 addressing the lack of compliance identified under Subsection (b) of this Section. d. If the review is conducted by the Planning Commission for a determination the developer or any interested person may appeal the determination under Subsections (b) and (c) of this Section to the City Council in accordance with the City's procedures for appeals to the City Council. F.7 Decision of the City Council Final In all proceedings under Section "F", the decision of the City Council shall be final. F.8 Costs of Review The developer shall pay the City's reasonable costs for staff time expended on the annual review. G. Judicial Review G.1 Standard of Review Judicial review of the initial approval by the City of a development agreement shall be by writ of mandate under Code of Civil Procedure Section 1085. Judicial review of a City action taken pursuant to this Policy, other than the initial approval of development agreements, shall be by writ of mandamus under Code of Civil Procedure Section 1094.5. Any action or proceeding to attack, review, set aside, void, or annul any decision of the City to approve or amend a development agreement under this Policy shall be commenced within 90 days of the date of the decision. Related Policy References Government Code Sections: 65091, 65804, 65864-65869.5, 66000, 66006, 66473.7 Code of Civil Procedure Sections: 1085, 1094.5 Prior Policy Amendments None Page 9 of 9 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Sewer Stoppage Repairs POLICY #501 ADOPTED: May 6, 1975 AMENDED: Page 1 of 1 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Policy for the Underground Conversion POLICY: 503 of Overhead Utility Lines on Private Properties ADOPTED: June 6, 1995 AMENDED: August 1, 1995 Page 1 of 1 RESOLUTION NO. 2013 —189 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING AMENDED CHAPTERS 200 THROUGH 500 OF THE CITY COUNCIL POLICY MANUAL, WHICH INCLUDES AMENDED POLICIES 201, 203, 205, 301 AND 402, AND DELETING POLICIES 202, 501, AND 503 WHEREAS, at the City Council meeting on October 8, 2013, the City Council publicly reviewed and approved amending Chapters 200-500 of the City Council Policy Manual, which included amending Policies 201, 203, 205, 301 and 402, and deleting Policies 202, 501, and 503. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby adopts the following amended Council Policies as part the City Council Policy Manual: 201, 203, 205, 301 and 402. BE IT FURTHER RESOLVED that City Council Policies 202, 501, and 503 are hereby deleted. PASSED and ADOPTED this 10th day of December, 2013. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor UI I Y OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 10, 2013 AGENDA ITEM NO. 2 ITEM TITLE: City Council review and approval of proposed Policy updates to the City Council Policy Manual (Chapters 600-1000) PREPARED BY: 'Leslie Deese, City Manager 619-336-4240 DEPARTMENT: City Manager/City Attorney PHONE: Claudia, Silva, City Attorney, 619-336-4220 APPROVED BY: EXPLANATION: See attached FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Review proposed policy revisions for Chapters 600-1000. After Council review and preliminary approval, supporting Resolution(s) will be brought forward to Council at a subsequent Council meeting for final adoption. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1) Staff Report on Policy establishing regular meetings between MayorNice Mayor 2) Summary of proposed changes (See staff report) 3) Final version of the proposed changes (watermarked "Draft") 4) "Strike out" version of each policy 5) Original/current version of each policy (watermarked "ORIGINAL") November 27, 2013 To: Mayor and City Council CC: City Clerk, City Attorney, Executive Director, Brenda Hodges Re: Council Workshop December 10, 2013 Fr: City Manager Per City Council Policy #101, the Policy Manual should be reviewed annually, and updated as necessary. As you know, in an effort to bring the policies up to date, the entire manual is being reviewed, one chapter at a time, with proposed changes presented for Council review and approval. The City Council met at a special workshop on June 11, 2013 to review and comment on policies contained in Chapter 100 "Administration and Policy Management". A second Council Workshop was held on October 8, 2013 to review the final drafts of Chapter 100 as well as first drafts of Chapters 200 "Financial Services", Chapter 300 "Legal and Legislative Services", Chapter 400 "Municipal Planning" and Chapter 500 "Public Works". A third Council Workshop is scheduled for December 10, 2013 to review the final drafts of Chapters 200-500, as well as first drafts of Chapters 600 "Personnel Services", Chapter 700 "Traffic and Public Safety", Chapter 800 "Public Service Facilities", Chapter 900 "Real Estate and Public Property", and Chapter 1000 "Risk Management". To assist the Council with review of proposed changes, attached are the following documents: Enclosed you will find three (3) clipped sections of materials: 1. Initial review of proposed changes for Chapters 600-1000 (with yellow inserts between each policy) • A list of Significant Changes proposed by staff • The original/existing policy (watermarked "Original") • A draft with proposed changes identified (no watermark). Additions are underlined, deletions appear in right margin. 2. 3. • A final draft which incorporates proposed changes for Council review/approval (watermarked "Draft"). • Note: We are still working on a couple policies in this section (as noted in the Significant Changes memo). If they are completed in time for the workshop, we will submit them for your review under separate cover. Review of final changes made to Chapters 200-500 at the October 8th workshop (with blue inserts between each policy) • A list of the Significant Changes that were made at the October 8, 2013 Council workshop • A copy with changes identified (where applicable) • Final draft for Council review and approval (watermarked "Final Draft") • A set of "Council Policy Review Forms" that may be used to help facilitate your thoughts/questions on each policy. LD/beh Summary of Recommended Changes City Council Policy Manual Chapters 600-1000 Chapter 600 Policy #601: Employer -Employee Relations • Change in 3Td paragraph. "City Manager or any recognized association" was changed to "and any recognized association". Policy #602: City Council Clerical Staff and Executive Assistant to the Mayor • No updates proposed yet. Staff still reviewing. Chapter 700 Policy #701: Yield and Stop Signs Installation Policy • No updates proposed yet. Staff still reviewing. The California Manual on Uniform Traffic Control Devices (MUTCD) provides guidelines and warrants for installing yield signs and stop signs. Policy #702: Pedestrian Crosswalk Installation Policy • No updates proposed yet. Staff still reviewing. The California Vehicle Code and California Manual on Uniform Traffic Control Devices provide guidelines for establishing and removing crosswalks. Policy #703: Purchase of Products Containing Fully Halogenated Chlorofluorocarbons (CFC's) • Delete Policy. CFC control/restrictions are already covered under the California Health and Safety Code. We don't need a separate policy. Policy #704: Limitation on City Approved Special Events within the City • On hold. Appointed committee still reviewing Policy #705: Installation of Fire Hydrants • Replaced "Uniform Fire Code" with "California Fire Code" • Added language about Sweetwater Authority determining size and type of hydrants • Updated "Related Policy References" Policy #706: Street Light Policy • List of Commercial, Residential, Collector, and Local streets was removed. Policy references the General Plan instead (see item #B) • Types/size of acceptable lighting was updated • Language clarified Page 1 of 3 Policy #707: Alcohol Beverage License Application Review Process and Alcohol Conditional Use Permit Standards • Language clarification • Added "Related Policies" Policy #708: Speed Hump Policies • No updates proposed yet. Staff still reviewing. Policy #709: Installation of Dusk -To -Dawn Lights • Delete Policy. Grant funding for this program expired years ago. Policy #710: Residential Permit Parking Program • No changes recommended for now. • Policy will be recommended for deletion when the Municipal Code has been updated Policy #711: Requirements for Submittal of Proposals to Qualify Taxicab or Other Paratransit Vehicle Permits • No changes for now. See memo from City Attorney and Director of Administrative Services. CHAPTER 800 Policy #801: • On hold. Policy #802: • On hold. Policy #803: • On hold. Policy #804: • On hold. Policy #805: • On hold. Recreational Field and Sports Facility Rules and Regulations Appointed committee still reviewing. Policy Governing the Use of the Mobile Stage and Equipment Appointed committee still reviewing Facility Use Guidelines and Regulations for the Use of the Martin Luther King Jr. Community Center and Granger Hall Appointed committee still reviewing City Support for Special Events Appointed committee still reviewing Facility Use Guidelines and Regulations for the Use of Kimball Senior Center, Casa de Salud, and Recreation Centers Appointed committee still reviewing and editing. CHAPTER 900 Policy #901: Management of Real Property (Sale, Lease, Rental, Surplus) • Changed title from: "Sale of Surplus Real Property" to "Management of Real Property (Sale, Lease, Rental, Surplus") Page 2 of 3 • Policy was completely re -written by Director of Housing & Grants, therefore there is no version showing tracked changes. Went from 2 pages to 12 pages. Policy #902: Street Tree Removal and Replacement • Clarified language • Changed "Public Works Director" to "City Engineer/Public Works Director" • Added language about commercial property owners • Deleted fees, labor and equipment costs. Referenced City fee schedule instead Policy #903: Policy for 50/50 Curb and Gutter, Sidewalk, Driveway and Retaining Wall Program • No updates proposed yet. Staff still doing research. CHAPTER 1000 Policy #1001: Risk Management Policy • No updates proposed yet. Staff still doing research. Page3 of 3 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Employer -Employee Relations POLICY #601 ADOPTED: March 14, 1972 AMENDED: Purpose To establish guidelines for handling employer -employee relations within the City. Policy All matters pertaining to employer -employee relations in the City of National City shall be administered by the City Manager or a representative appointed by the City Council. All inquiries directed to the City Council relating to matters discussed or to be discussed in formal or informal negotiations with any association or employee will be referred to the City Manager. This policy does not affect the right of the City Council to approve or disapprove the recommendations made jointly by the City Manager or any recognized association in a written Memorandum of Understanding, or, upon request, to make a final determination on any matters not agreed upon. At such time as these matters may be presented to the City Council, any representative of a recognized employee association shall have the right to appear before the City Council for the purpose of presenting information pertinent thereto. Related PolicyRerenees Resolution No. 10, 96 adoptod March 14, 1972 Page 1 of 1 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Employer -Employee Relations POLICY #601 ADOPTED: March 14, 1972 AMENDED: Purpose To establish guidelines for handling employer -employee relations within the City. Policy All matters pertaining to employer -employee relations in the City of National City shall be administered by the City Manager or a representative appointed by the City Council. All inquiries directed to the City Council relating to matters discussed or to be discussed in formal or informal negotiations with any association or employee will be referred to the City Manager. This policy does not affect the right of the City Council to approve or disapprove the recommendations made jointly by the City Manager anti, any recognized association in a {Deleted: or written Memorandum of Understanding, or, upon request, to make a final determination on any matters not agreed upon. At such time as these matters may be presented to the City Council, any representative of a recognized employee association shall have the right to appear before the City Council for the purpose of presenting information pertinent thereto. Related Policy References Resolution No. 10,596 adopted March 14, 1972 Prior Policy Amendments None Page 1 of 1 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Employer -Employee Relations POLICY #601 ADOPTED: March 14, 1972 AMENDED: Purpose To establish guidelines for handling employer -employee relations within the City. Policy All matters pertaining to employer -employee relations in the City of National City shall be administered by the City Manager or a representative appointed by the City Council. All inquiries directed to the City Council relating to matters discussed or to be discussed in formal or informal negotiations with any association or employee will be referred to the City Manager. This policy does not affect the right of the City Council to approve or disapprove the recommendations made jointly by the City Manager and any recognized association in a written Memorandum of Understanding, or, upon request, to make a final determination on any matters not agreed upon. At such time as these matters may be presented to the City Council, any representative of a recognized employee association shall have the right to appear before the City Council for the purpose of presenting information pertinent thereto. Related Policy References Resolution No. 10,596 adopted March 14, 1972 Prior Policy Ametidnienls None Page 1 of 1 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: PURCHASE OF PRODUCTS CONTAINING FULLY POLICY #703 HALOGENTATED CHLOROFLUOROCARBONS (CFC'S) ADOPTED: NOVEMBER 15, 1988 AMENDED: Purpose To establish policy restricting the purchase of products containing fully halogenated chlorofluorocarbons (CFC's) which are harmful to our environment. Policy The use of fully halogenated chlorofluorocarbons has been determined to be harmful to our environment and, therefore, should cease. Unfortunately there are some products containing these chlorofluorocarbons (CFC's) which are essential to our operations, and must be used. In order to limit the use of these chlorofluorocarbons to necessary, Purchasing Agent is hereby directed to include on all applicable purchasing documents the following clause: "In accordance with National City Council Policy, vendor shall not provide or deliver any product containing fully halogenated chlorofluorocarbons (CFC's) unless specifically authorized by the National City Purchasing Agent." Related Policy References Page 1 of 1 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: PURCHASE OF PRODUCTS CONTAINING FULLY POLICY #703 HALOGENTATED CHLOROFLUOROCARBONS (CFC'S) ADOPTED: NOVEMBER 15, 1988 AMENDED: Page 1 of 1 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Installation of Fire Hydrants POLICY #705 ADOPTED: 11-14-89 AMENDED: Purpose The purpose of this Policy is to provide a uniform and equitableapr the installation of fire hydrants for the protection of life and property. Policy The provisions of this Policy shall apply to all properties located within the corporate limits of National City whether those properties be privately owned or public domain. dure applicable to The Chief of the Fire Department (the Fire Marshal, or other persons authorized to represent the Fire Chief) is hereby authorized and directed to administer the provisions of this Policy. For such purpose he shall receive the cooperation of other departments, divisions, etc. of the City. The location of all fire hydrants and the required gallons per minute (GPM) fire flow for each hydrant shall be established by the Fire Chief, based upon minimum requirements of the Uniform Fire Code (U.F.C.);'recommended standards as published by the Insurance Service Office (1.S.0.),`and/or other applicahle regulations. When new hydrants are installed to xeduce spacing, the following shall apply: (a) When eating fire hydrants located within the public right-of-way of any street or public way e ed a spacing in accordance with the Uniform Fire Code, (or when in the opinion of"ae Fie Chief, the interest of public safety will be served, he may direct. the water tility company to install additional fire hydrants. max... (b) Costs inc by the installation of fire hydrants authorized under paragraph (a) of this section shall be paid by the City provided that funds for such installations have been approved by the City Council and are included in the current City budget. Such costs shall be limited to installation charges only and shall not include water storage assessment fees, water main line extensions/replacement or other charges. (c) Fire hydrants installed under this policy for which payment is made from public funds, shall be available for the protection of the general public, and not for the sole protection of a particular building or group of buildings. Page 1 of 2 When new hydrants are installed for construction projects, the following shall apply: (a) The application, plans, and specifications filed by an applicant for a building permit shall be reviewed by the Fire Chief to check compliance with rules and regulations under his jurisdiction. When such plan check confirms the requirement for the installation of an on -site or off -site fire hydrant(s) due to the proposed construction, that fact shall be clearly noted on the approved plans. The approximate location, minimum required GPM fire flow and/or any other pertinent data relating to the installation of the fire hydrant(s) shall also be noted as a plan correction. (b) It shall be the sole responsibility of the project developer or the owner of the property to negotiate with the water utility company for the complete -installation stallation of fire hydrant(s) required by the Fire Chief Any and all costs assessed by the water utility company relating to the installation of such fire hydrant(s), the attendant properly sized water main lines (if required), water storage/assessment fees or other charges shall be borne by the project developer or other owner of the property. It shall not be incumbent upon the City of National City to participate in any such costs. Related Policy References City Council Resolution No. 13, 315, "Regulating the Installation of Fire Hydrants". Page 2 of 2 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Installation of Fire Hydrants POLICY #705 ADOPTED: November 14, 1989, AMENDED: Purpose The purpose of this Policy is to provide a uniform and equitable procedure applicable to the installation of fire hydrants for the protection of life and property. Policy The provisions of this Policy shall apply to all properties located within the corporate limits of National City whether those properties a eprivately owned or public domain. The Chief of the Fire Department (or fire Marshal or other persons authorized to . -- represent the Fire Chief) is hereby authorized and directed to administer the provisions of this Policy._ For such purpose he shall receive the cooperation of other departments, divisions, etc. of the City. Deleted: 11-14-89 _ { Deleted: be Deleted: the The location of all fire hydrants and the required gallons per minute (GPM) fire flow for each hydrant shall be established by the Fire Chief, based upon minimum requirements of the ,California Fire Code, Title 24, Part 9, recommended standards as published by the -{ Deleted: Uniform Fire Code (U.F.CI: Insurance Service Office (I.S.0.), and/or other applicable regulations. When new hydrants are installed to reduce spacing, the following shall apply: (a) When existing fire hydrants located within the public right-of-way of any street or public way exceed a spacing in accordance with the California Fire Code, Title 24, Part 9.(or when in the opinion of the Fire Chief, the interest of public safety will be served, he may direct the water utility company to install additional fire hydrants. (b) Costs incurred by the installation of fire hydrants authorized under paragraph (a) of this section shall be paid by the City provided that funds for such installations have been approved by the City Council and are included in the current City budget. Such costs shall be limited to installation charges only and shall not include water storage assessment fees, water main line extensions/replacement or other charges. (c) Fire hydrants installed under this policy for which payment is made from public funds, shall be available for the protection of the general public, and not for the sole protection of a particular building or group of buildings. Page 1 of 2 1 Deleted: Unifonn Fire Code (d) All contractors shall make contact with Sweetwater Authority when installing fire hydrants in the City of National City. Sweetwater Authority will determine the size and type of fire hydrants allowed. When new hydrants are installed for construction projects, the following shall apply: (a) The application, plans, and specifications filed by an applicant for a building permit shall be reviewed by the Fire Chief to check compliance with rules and regulations under his jurisdiction. When such plan check confirms the requirement for the installation of an on -site or off -site fire hydrant(s) due to the proposed construction, that fact shall be clearly noted on the approved plans. The approximate location, minimum required GPM fire flow and/or any other pertinent data relating to the installation of the fire hydrant(s) shall also be noted as a plan correction. (b) It shall be the sole responsibility of the project developer or the owner of the property to negotiate with the water utility company for the complete installation of fire hydrant(s) required by the Fire Chief. Any and all costs assessed by the water utility company relating to the installation of such fire hydrant(s), the attendant properly sized water main lines (if required), water storage/assessment fees or other charges shall be bome by the project developer or other owner of the property. It shall not be incumbent upon the City of National City to participate in any such costs. (c) All contractors shall make contact with Sweetwater Authority when installing fire hydrants in the City of National City. Sweetwater Authority will determine the size and type of fire hydrants allowed. Related Policy References City Council Resolution No. 13, 315, "Regulating the Installation of Fire Hydrants California Fire Code, Title 24, part 9 Insurance Service Office (LS.O.) Prior Policy Amendments None Page 2 of 2 Deleted: CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Installation of Fire Hydrants POLICY #705 ADOPTED: November 14, 1989 AMENDED: Purpose The purpose of this Policy is to provide a uniform and eq ue procedure applicable to the installation of fire hydrants for the protection of life Policy The provisions of this Policy shall apply to all properties located within the corporate limits of National City whether those properhesre privately owned or public domain. The Chief of the Fire Department (or Fire Marshal,`or other persons authorized to represent the Fire Chief) is hereby authorized and directd to administer the provisions of this Policy. For such purpose he shall receive the cooperation of other departments, divisions, etc. of the City. The location of all fire hydrants and the req�uired gallons per minute (GPM) fire flow for each hydrant shall be established by the Fire Chief, based upon minimum requirements of the California Fire ode, Title, 24, Part 9, r`ommended standards as published by the Insurance Service Of'fte'e (i S 0 and/or other cable regulations. When n hydrant's reduce spacing, the following shall apply: (a) When existing fire h nts located within the public right-of-way of any street or public` va.,y exceed a s a ing in accordance with the California Fire Code, Title 24, Part 9, (or en in the pinion of the Fire Chief, the interest of public safety will be served, he m irect "e water utility company to install additional fire hydrants. (b) Costs incurred b the installation of fire hydrants authorized under paragraph (a) of this section shall be paid by the City provided that funds for such installations have been approved by the City Council and are included in the current City budget. Such costs shall be limited to installation charges only and shall not include water storage assessment fees, water main line extensions/replacement or other charges. (c) Fire hydrants installed under this policy for which payment is made from public funds, shall be available for the protection of the general public, and not for the sole protection of a particular building or group of buildings. Page 1 of 2 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Installation of Fire Hydrants POLICY #705 ADOPTED: November 14, 1989 AMENDED: (d) All contractors shall make contact with Sweetwater Authority when installing fire hydrants in the City of National City. Sweetwater Authority will determine the size and type of fire hydrants allowed. When new hydrants are installed for construction projects, the following shall apply: (a) The application, plans, and specifications filed by an applicant for a building permit shall be reviewed by the Fire Chief to check compliance with rules and regulations under his jurisdiction. When such plan check confirms the requirement for the installation of an on -site or off -site fire hydrant(s) due to, the proposed construction, that fact shall be clearly noted on the approved plans. The approximate location, minimum required GPM fire flow and/or any other pertinent data relating to the installation of the fire hydrant(s) shall also be noted as a plan correction. (b) It shall be the so ; responsibility of the project developer or the owner of the property to negotiate with � -he wat utility comps for the complete installation of fire hydrant(s) required by the ire Chief. Any- and all costs assessed by the water utility company rel ing to the Installation such fire hydrant(s), the attendant properly sized water main lines (i "+uired), water storage/assessment fees or other charges shall be borne by thproject eloper or other owner of the property. It shall not be incti nt upon the of Na bnal City to participate in any such costs. (c) All contr shall ke contact with Sweetwater Authority when installing fire hydrants in ity ational City. Sweetwater Authority will determine the size and type of fire is allowed. Related Policy References City Council Resolution No. 13, 315, "Regulating the Installation of Fire Hydrants" California Fire Code, Title 24, part 9 Insurance Service Office (I.S.O.) Prior Policy Amendments None Page 2 of 2 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Street Light Policy POLICY #706 ADOPTED: February 24, 1987 AMENDED: January 17, 1989 Purpose The establishment of criteria for street lighting in streets and alleys. Policy A. All signalized intersections shall be lighted by at least two and preferably four 250-watt HPS lights. B. That local streets and arterials and Collector streets are as designated on the attached sheet. Such definitions are in accordance with the General Plan. C. That residential and commercial streets are as designated on the attached sheet which conforms with the National City General Nan. D. That the standard light'w for local residential streets shall be a 150-watt High Pressure Sodium light and the standard interval between these lights shall be 400 feet. Normally, lights will e ylaced, on alternating sides of the street unless this practice is prohibited by power `distribution pole location. In cases where streets end in cut -de -sacs, a light will be considered warranted if the closest street light is 300 or m e feet away E. That the stan "` light light for residential arterial and collector streets shall be a 200-watt`"ugh Pstreet ressure Sodium light and the standard interval between these lights shall hp 400` feet. Y^i F. Tat the standard street light for commercial arterial and collector streets shall be a 200 watt High Pressure Sodium light and the standard interval between these lights shall be 400 feet. G. That present street lighting is considered to be appropriate and will not be changed without specific requests by residents. This policy shall be extended to include the replacement of existing lights with similar or equal substitutes unless a specific request for alteration has been made to the Public Works Department. The only exception to this policy is that replacement of Mercury Vapor lights with High Pressure Sodium Vapor lights of approximately equal lumen intensity is authorized. Page 1 of 4 H. That staff is authorized to cause lights to be installed at shorter intervals when, in their opinion, the additional light is warranted by the unusual characteristics of the particular location (vertical curve, dense tree growth, etc.). I. That if a resident requests additional street lighting and is refused by staff, staff will provide the Council with the resident's request and the basis for their denial of it within three working days. J. That staff is authorized to deviate from the above standards by as much as 100 feet in order to place as many additional lights as practical at intersections. Such deviation will not be considered as requiring the lustit"ication to Council mentioned in subparagraph I above. K. That staff is authorized to install or have installed upon resident- request a maximum of 120 additional street lights per year for a period of five years, which should bring the city up to the standards mentioned in subparagraphs D, E, and F above. Staff is hereby directed to ensure that adequate funding for these additional street lights is contained in account 001-422-221-235 budget submissions. L. That requests for street light installation in public alleys will normally be denied unless there are existing SDG&E distribution poles in the alley which can support the requested street light. In the event that there are distribution poles in the alley, staff can order the installation of a light if the criterion established in paragraph D is met. The requirement, to notify City Council of denial of a street light request detailed in paragraph I also applies to requests for light installation in alleys. Any light ordered installed in an alley shall be a 150-watt High Pressure Sodium Vapor (HPSV) lamp. COMMERCIAL RESIDENTIAL National City lyd All other Highland Avenue, Plaza` Boulevard (host) Eighth Street (most), 24th St.'west of Highland 30th/Sweetwaterload (most) Tidelands Avenue Wilson Avenue Harbor Drive Hoover Avenue Euclid Avenue (Plaza-8th only, otherwise primarily designated for residential use) 16th Street (primarily designated for residential use) Page 2 of 4 18th Street (primarily designated for residential use) COLLECTOR/ARTERIAL LOCAL LOCAL Division Street All other 4th Street 8th Street Plaza Boulevard 16th Street (N.C. Blvd to east city limit) 18th Street (I-5 to east city limit 24th Street (except Grove to Prospect and east of Van Ness 30th/Sweetwater Road (except west of Hoover) Highland Avenue National City Blvd. (including Osborn St.) Euclid Avenue Tidelands Avenue Civic Center Drive Harbor Drive Harbison Avenue (Division to 16th) Palm Avenue 19th Street (Tidelands to 1-5) Cleveland (Civic Center Drive to 24th) Wilson (Civic Center Drive to24th) Coolidge (Plaza to 18th) Hoover (18th to 33rd) 33rd (Hoover to National City Blvd) Roosevelt ( 1sion to 16th) West Avenue Main btreet "D" Avenue (Division to 30th) "L" Ave'; 16th to'30th) Granger (18 Leonard) Rachael (18th to 20th) Manchester Street Reo Drive (proposed Rt. 54 to Sweetwater) Page 3 of 4 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Street Light Policy POLICY #706 ADOPTED: February 24, 1987 AMENDED: , Purpose The establishment of criteria for street lighting in streets and alleys. Policy A. All signalized intersections shall be lighted by at least two and preferably four 250-watt Induction Lights. B. A}terial, and Collector streets as well Residential and Commercial streets are listed and defined,in the National City,General Plan, C. The standard light for local residential streets shall be a 150-watt Induction Light if available, or a High Pressure Sodium light and the standard interval between these lights shall be 400 feet. Normally, lights will be placed on alternating sides of the street unless this practice is prohibited by power distribution pole location. In cases where streets end in cul-de-sacs, a light will be considered warranted if the closest street light is 300 or more feet away. D. The standard street light for residential arterial and collector streets shall be a 200- watt Induction Light. if available, or a High Pressure Sodium light and the standard interval between these lights shall be 400 feet. E. The standard street light for commercial arterial and collector streets shall be a 200-watt Induction Light if available, or a High Pressure Sodium light and the standard interval between these lights shall be 400 feet. F. resent street lighting is considered to be appropriate and will not be changed unless there have been Specific requests, and the change is deemed warranted by staff, after they have conducted a needs assessment. ,This policy shall be extended to include the replacement of existing lights with similar or equal substitutes unless a specific request for alteration has been made to the Public Works Department. The only exception to this policy is that replacement of Mercury Vapor lights with High Pressure Sodium Vapor lights with induction lighting of approximately equal lumen intensity is authorized. Page 1 of 2 --- fi Deleted: January 17, 1989 - l Deleted: HPS { Deleted: I --- {Deleted: That local streetsand a 1 Deleted: s Deleted: c Deleted: as designated on the attached sheet. Such definitions l Deleted: are in accordance with the Deleted: t1 <g>That residential and conunercial streets are as designated on the attached sheet which conforms with the National City General Plan.¶ Deleted: hat _.. _ -.- Deleted: hat 1 {,Deleted: hat t l Deleted: That p - -- f Deleted: without { Deleted: by residents G. Sjaff is authorized to cause lights to be installed at shorter intervals when, in their opinion, the additional light is warranted by the unusual characteristics of the particular location (vertical curve, dense tree growth, etc.). H. If a resident requests additional city -owned street lighting and the City deems_ unwarranted, staff will provide the Council with the resident's request and the basis for the,denial,within three working days. I. off is authorized to deviate from the above standards by as much as 100 feet in order to place ,additional lights as warranted at intersections. Such deviation will not require„Council authorization. JJ. S,taff will perform a Street Lighting assessment of City -owned street lights every - five (5) years to assess lighting. , L. ,Requests for street light installation in public alleys will generally be denied unless the alley has an existing SDG&E distribution pole available to support the requested street light. In the event that there are distribution poles in the alley, staff can request SDG&E to instaja light, if the criterion established in paragraph "D" is met. The requirement to notify City Council of denial of a street light request detailed in paragraph "I" also applies to requests for light installation in alleys. Any light ordered installed in an alley shall be a minimum of 150-watt Induction Light- if available. or a High Pressure Sodium Vapor (HPSV) lamp. Related Policy References General Plan Prior Policy Amendments January 17,1989 Page 2 of 2 {Deleted: That s { Deleted: That i { Deleted: is ( Deleted: it l Deleted: of it Deleted: That s .Deleted: as many Deleted: be considered as requiring the justification to .I Formatted: Not Highlight Formatted: Bullets and Numbering J { Deleted: That s -- Deleted: is authorized to install or have installed upon resident request a maximum of 120 additional street lights per year for a period of five years, which should bring the city up to the standards mentioned in subparagraphs D, E, and F above_ Staff is hereby directed to ensure that adequate funding for these additional street lights is contained in account 001- 422-221-235 budget submissions. Deleted: That requests for street light installation in public alleys will normally be denied unless there are existing SDG&E distribution poles in the alley which can support the requested street light. (Deleted: order the installation o Deleted: COMMERCIAL RESIDENTIAL National City Blvd. All otherll Highland Avenue¶ Plaza Boulevard (hnust)¶ Eighth Street (most)¶ 24th St. west of Highland., 300sSweetwater Road (most)¶ 'Tidelands Avenue Wilson Avenue¶ Harbor Drive! Hoover Avenue Euclid Avenue (Plaza-8th only,¶ otherwise primarily designated¶ for residential user, 16th Street (primarily designated¶ Ibr residential user 18th Street (primarily designated for residential use)¶ ¶ COLLECTOR/ARTERIAL LOCAL LOCAL¶ Division Street All other¶ 4th Street¶ 8th Street! Plaza Boulevard¶ 16th Street (N.C. Blvd to east¶ city limitx 18th Street (I-5 to east city limit¶ 1_24th Street (except Grove to I Page 2: [1] Deleted bhodges 2/26/2013 2:09:00 PM COMMERCIAL RESIDENTIAL National City Blvd. All other Highland Avenue Plaza Boulevard (most) Eighth Street (most) 24th St. west of Highland 30th/Sweetwater Road (most) Tidelands Avenue Wilson Avenue Harbor Drive Hoover Avenue Euclid Avenue (Plaza-8th only, otherwise primarily designated for residential use) 16th Street (primarily designated for residential use) 18th Street (primarily designated for residential use) COLLECTOR/ARTERIAL LOCAL LOCAL Division Street All other 4th Street 8th Street Plaza Boulevard 16th Street (N.C. Blvd to east city limit) 18th Street (I-5 to east city limit 24th Street (except Grove to Prospect and east of Van Ness 30th/Sweetwater Road (except west of Hoover) Highland Avenue National City Blvd. (including Osborn St.) Euclid Avenue Tidelands Avenue Civic Center Drive Harbor Drive Harbison Avenue (Division to 16th) Palm Avenue 19th Street (Tidelands to 1-5) Cleveland (Civic Center Drive to 24th) Wilson (Civic Center Drive to 24th) Coolidge (Plaza to 18th) Hoover (18th to 33rd) 33rd (Hoover to National City Blvd.) Roosevelt (Division to 16th) West Avenue Main Street "D" Avenue (Division to 30th) "L" Avenue (16th to 30th) Granger (18th to Leonard) Rachael (18th to 20th) Manchester Street Reo Drive (proposed Rt. 54 to Sweetwater) CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Street Light Policy POLICY #706 ADOPTED: February 24, 1987 AMENDED: Purpose The establishment of criteria for street lighting in streets an Policy A. All signalized intersections shall be lighted by at least two and preferably four 250-watt Induction Lights. B. Arterial and Collector streets, as well as Residential and Commercial streets are listed and defined in the National City General Plan. C. The standard light for local residentsstreets shall be a 1'50-watt Induction Light, if available, or a High Pressure Sodium 1 and the standard interval between these lights shall be,400 feet. Normally, lights will be placed on alternating sides of the street unless th practice is prohibited byypower distribution pole location. In cases why streets in cul-de-sacs, a light will be considered warranted if the closes(strght is ' 0 or more feetawvay. D. The, 4street 1 for ressiden 1 arterial and collector streets shall be a 200- watt InduCnon Light, available, or a High Pressure Sodium light and the standard interval.between t ese'Iights shall be 400 feet. E. The'standard street Light for commercial arterial and collector streets shall be a 200-wash :Induction Light, if available, or a High Pressure Sodium light and the standard interval between these lights shall be 400 feet. F. Present street 'lighting is considered to be appropriate and will not be changed unless there have been specific requests, and the change is deemed warranted by staff, after they have conducted a needs assessment. This policy shall be extended to include the replacement of existing lights with similar or equal substitutes unless a specific request for alteration has been made to the Public Works Department. The only exception to this policy is that replacement of Mercury Vapor lights with High Pressure Sodium Vapor lights with induction lighting of approximately equal lumen intensity is authorized. Page 1 of 2 TITLE: Street Light Policy POLICY #706 ADOPTED: February 24, 1987 AMENDED: G. Staff is authorized to cause lights to be installed at shorter intervals when, in their opinion, the additional light is warranted by the unusual characteristics of the particular location (vertical curve, dense tree growth, etc.). H. If a resident requests additional city -owned street lighting and the City deems it unwarranted, staff will provide the Council with the resident's request and the basis for the denial within three working days. I. Staff is authorized to deviate from the above standards by as much as 100 feet in order to place additional lights as warranted at intersections. Such,Pdeviation will not require Council authorization. J. Staff will perform a Street Lighting assessment"Of City -owned street lights every five (5) years to assess lighting, K. Requests for street light installation ai public alleys:will generally be denied unless the alley has an existing SING&E diOtilutionpole available to support the requested street light. In the event that there'"ar' distribution poles in the alley, staff can request StiGkE to install alight, if the criterion established in paragraph "D" is met,,;The requirement to notify City Council of denial of a street light request detailed;n paragraph "I" also applies to requests for light installation in alleys. Any light 'Ordered. installed in alley shall be a minimum of 150-watt Induct: i ht, if available, or a bI{gti Pressure Sodium Vapor (HPSV) lamp. Related Poli National City's ferences? oral Pin Prior Policy Amendments January 17, 1989 Page 2 of 2 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Alcohol Beverage License Application Review Process POLICY #707 and Alcohol Conditional Use Permit Standards ADOPTED: November 12, 1991 AMENDED/REVISED: August 16, 2011 PURPOSE/BACKGROUND: To streamline the process of alcohol license application review t sum timely staff responses and/or protests to the Department of Alcoholic Beverage Control regarding these applications. The City Municipal Code requires Conditional Use'PPermitsfor the sale of alcohol. Such land use regulation is designed "to,neensure'that the, health, safety and welfare of the community does not become negatively impacted. In order to minimize any potential adverse efffects"of alcohol sales for both on and off -site consumption, including public drunken" " s, disorderly conduct, illegal sales or domestic violence, the City adopts cond ' ns of pprovals and enact policies F r �? designed to protect the public from such effects, The following sets forth the City Council's policy on the applicable alcohol standards for Conditional Use Permit applications for both ph,,,and *sale alcohol sales, as well as the Department of Alcoholic Beverage Control 4application,no ification requirements. POLICY: The pa t o'f= Alcoholic Beverage Control (ABC) sends copies of all alco lic beve lice se applications to the Police Department. The City has thirty -ys from date of the ABC mailing to provide comments to the ABC. If no pr. s are re. -ived within that time period, the ABC issues the license. The Police "" epartment is responsible for ensuring that an appropriate Conditional Use Permit (CUP) exists for the applicant business. If such a CUP exists, the copy of the application is simply filed by the Police Department in the existing file with the notation that there were no objections to the issuance of the license. If it is a new (in the case of an "original" license application) or expanding business or one seeking a license to effect a premises transfer, and no CUP exists, the Police Department is responsible for sending a letter to the ABC protesting the issuance of the license until a CUP is issued by the City. Page 1 of 4 Whenever such a protest letter is sent to the ABC, that agency notifies the applicant that they must begin the process of obtaining a CUP with the City's Planning Division and that the issuance of the alcoholic beverage license will be delayed until such time as the protest is withdrawn. Once a CUP has been issued, the Planning Division notifies the Police Department of that issuance and it is then the responsibility of the Police Department to notify the ABC that the protest is withdrawn. The CUP application, approval and issuance process is such that it provides all the checks, balances and controls necessary to ensure that businesses seeking alcoholic beverage licenses are in compliance with local standards. These conditions of approval shall apply to all new Conditional ..Use Permits (CUP's) for the sale of alcohol for on and/or off -site consumption and Modifications of existing CUPs for such sales as specified by th 'preceding parenthetical references with each condition. These references specify to which type of alcohol CUP being applied for the conditions would apply to,- on -sate (restaurant, bar, etc.) or off -sale (market, grocery store, etc), Regulation of these conditions and allowances shall be enforced through the Conditional Use Permit process, specifically conditions of approval to read as flows: 1. (off -sale alcohol) The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 2. (off -sale alcohol) No beer products shall be sold of Tess than manufacturer's pre -packaged three -pack quantities of 24 ounce cans per sale. There shall be no sale of single cansobottis ,r.r° 3. (off -sale alcohol) No sale of wine or distilled spirits shall be sold in containers of less than 750 milliliters.'fhe sale of wine with an alcoholic content greater than 15% by toIuprohibited. 4. (off` -sale oh l) Flavored malt beverages, also known as premium malt beverages flared malt coolers, and sometimes commonly referred to as wine cool ',, m y be sold only by four -pack or other manufacturer's pre - pa •ed multi nit quantities. 5. (off-sa ako ol) The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the applicant. 6. (off -sale alcohol) All cups and containers shall be sold at or above prevailing prices and in their original multi -container packages of no fewer than 12, and no cups and containers shall be given free of charge. 7. (off -sale alcohol) Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge. Page 2 of 4 8. (off -sale alcohol) The display of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit _, Case File No. _, dated 9. (off -sale alcohol) Permittee shall post signs on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Additionally, the permittee shall post signs, to be approved by the Planning Division, at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "No open alcoholic beverage containers are. allowed on these premises." b. "No loitering is allowed." 10. (off -sale alcohol) Containers of distilled spirits may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 11. (off -sale alcohol) Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 12. (off -sale alcohol) The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other , mmodities during the same period. The applicant shall at all tames keep records which reflect separately the gross sales of alcoholic beverag and ,the gross Sales of all other items. Said records shall be kept no lessfrequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. 13. (on and off -sale alcohol) All sellers and servers of alcohol shall receive 4wyh Responsle Be erageyService and Sales (RBSS) training, including all miners, and m p gers. The RBSS training must be certified by the D artment o .:Alcoholic Beverage Control (ABC). Proof of completion of an ap = ved RB a program must be provided prior to issuance of a city businesslice e. As part of the RBSS training, the permittee shall make availab a domestic violence training session as provided by the Institute of Public Strategies. 14. (on -sale alcohol) The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. Page 3 of 4 15. (on -sale alcohol) Alcohol shall be available only in conjunction with the purchase of food. 16. (on -sale alcohol with patio) Permittee shall post signs in the patio dining area, including all exits to outdoor seating areas, indicating that alcoholic beverages must be consumed inside the restaurant or patio area and may not be taken off -premises. The sale of three -packs of 24-oz cans of beer shall apply retroactively to all existing off -sale CUPs where a condition exists limiting sales to no Tess than six-pack quantities. However, businesses wishing to avail themselves of this modification must conform with all regulations of the Department of Alcoholic Beverage Control (ABC). The Council may, at its sole discretion, choose to waive or modify any conditions. the above Page4of4 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Alcohol Beverage License Application Review Process _POLICY #707 and Alcohol Conditional Use Permit Standards ADOPTED: November 12, 1991 AMENDED; Purpose, To streamline the process of alcohol license application review to ensure timely staff responses and/or protests to the Department of Alcoholic Beverage Control (ABC) regarding these applications. The City Municipal Code requires Conditional Use Permits (CUP) for the sale of alcohol. Such land use regulation is designed to ensure that the health, safety and welfare of the community does not become negatively impacted. In order to minimize any potential adverse effects of alcohol sales for both on and off -site consumption, including public drunkenness, disorderly conduct, illegal sales or domestic violence, the City adopts conditions of approvals and enact policies designed to protect the public from such effects. The following sets forth the City Council's policy on the applicable alcohol standards for CUP applications for both on and off -sale alcohol sales, as well as the A application notification requirements. -id Deleted: !REVISED: ll Deleted: August 16, 2011 l� Deleted: PURPOSEIBACKGROUN D: ai Deleted: onditional Use Permit Deleted: Department of Alcoholic Beverage Control Policy The (ABC sen ds copies of all alcoholic beverage license applications to the Police - Deleted: Department of Alcoholic - - - - --- Department. The City has thirty days from the date of the ABC mailing to provide Beverage Control ( comments to the ABC. If no protests are received within that time period, the {Deleted:) ABC issues the license. The Police Department is responsible for ensuring that an appropriate C,UP {Deleted: onditionalUse Permit (c exists for the applicant business. If such a CUP exists, the copy of the application -t_Deleted: ) is simply filed by the Police Department in the existing file with the notation that there were no objections to the issuance of the license. If it is a new (in the case of an "original" license application) or expanding business or one seeking a license to effect a premises transfer, and no CUP exists, the Police Department is responsible for sending a letter to the ABC protesting the issuance of the license until a CUP is issued by the City. Whenever such a protest letter is sent to the ABC, that agency notifies the applicant that they must begin the process of obtaining a CUP with the City's Page 1 of 4 J TITLE: Alcohol Beverage License Application Review Process POLICY #707 and Alcohol Conditional Use Permit Standards ADOPTED: November 12, 1991 AMENDED: Planning Division and that the issuance of the alcoholic beverage license will be delayed until such time as the protest is withdrawn. Once a CUP has been issued, the Planning Division notifies the Police Department of that issuance and it is then the responsibility of the Police Department to notify the ABC that the protest is withdrawn. The CUP application, approval and issuance process is such that it provides all the checks, balances and controls necessary to ensure that businesses seeking alcoholic beverage licenses are in compliance with local standards. These conditions of approval shall apply to all new CUP's,for the sale of alcohol for on and/or off -site consumption and modifications of existing CUP's for such sales as specified by the following parenthetical references with each condition. These references specify to which type of alcohol CUP being applied for the conditions would apply to — on -sale (restaurant, bar, etc.) or off -sale (market, grocery store, etc.). Regulation of these conditions and allowances shall be enforced through the Conditional Use Permit process, specifically conditions of approval to read as follows: 1. (off -sale alcohol) The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 2. (off -sale alcohol) No beer products shall be sold of less than manufacturer's pre -packaged three -pack quantities of 24 ounce cans per sale. There shall be no sale of single cans or bottles. 3. (off -sale alcohol) No sale of wine or distilled spirits shall be sold in containers of less than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 4. (off -sale alcohol) Flavored malt beverages, also known as premium malt beverages and flavored malt coolers, and sometimes commonly referred to as wine coolers, may be sold only by four -pack or other manufacturer's pre- packaged multi -unit quantities. 5. (off -sale alcohol) The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the applicant. 6. (off -sale alcohol) Ali cups and containers shall be sold at or above prevailing prices and in their original multi -container packages of no fewer than 12, and no cups and containers shall be given free of charge. Page 2 of 4 Deleted: onditional Use Permits (CUP'S) Deleted: preceding TITLE: Alcohol Beverage License Application Review Process POLICY #707 and Alcohol Conditional Use Permit Standards ADOPTED: November 12, 1991 AMENDED: 7. (off -sale alcohol) Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge. 8. (off -sate alcohol) The display of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit , Case File No. , dated _ 9. (off -sale alcohol) Permittee shall post signs on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Additionally, the permittee shall post signs, to be approved by the Planning Division, at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "No open alcoholic beverage containers are allowed on these premises." b. "No loitering is allowed." 10. (off -sale alcohol) Containers of distilled spirits may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 11. (off -sale alcohol) Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 12. (off -sale alcohol) The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. 13.(on and off -sale alcohol) All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city Page 3 of 4 TITLE: Alcohol Beverage License Application Review Process POLICY #707 and Alcohol Conditional Use Permit Standards ADOPTED: November 12,1991 AMENDED: business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 14. (on -sale alcohol) The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 15.(on-sale alcohol) Alcohol shall be available only in conjunction with the purchase of food. 16.(on-sale alcohol with patio) Permittee shall post signs in the patio dining area, including all exits to outdoor seating areas, indicating that alcoholic beverages must be consumed inside the restaurant or patio area and may not be taken off -premises. The sale of three -packs of 24-oz cans of beer shall apply retroactively to all existing off -sale CUPs where a condition exists limiting sales to no less than six-pack quantities. However, businesses wishing to avail themselves of this modification must conform with all regulations of the Department of Alcoholic Beverage Control (ABC). The Council may, at its sole discretion, choose to waive or modify any of the above conditions. Related Policy References National City Municipal Code, Chapter 10.30.070 Ca. Department of Alcoholic Beverage Control (ABC) Prior Policy Amendments August 16, 2011 Page 4 of 4 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Alcohol Beverage License Application Review Process POLICY #707 and Alcohol Conditional Use Permit Standards ADOPTED: November 12, 1991 AMENDED: Purpose To streamline the process of alcohol license applid Lion rev"ti staff responses and/or protests to the Departm ntof Alcoholic (ABC) regarding these applications. to ensure timely verage Control The City Municipal Code requires Conditional Use J e'rmits (CUP) for the sale of alcohol. Such land use regulation is designed ensure that the health, safety and welfare of the community does not become ne tively impacted. In order to minimize any potential adverse e`''. of alcohol s ,f for. both on and off -site consumption, including public drunk ;, disorderly nduct, illegal sales or domestic violence, the City adopts'conditi ns of approvals and enact policies designed to protect the public from such ects. t following sets forth the City Council's policy on the applicable alcohol standards for CUP applications for both on and off -sale . Alcohol sags, as well . as the ABC application notification requirements. Policy Thee, Deprt comment ABC issues sends cop'l fit. The City h the ABC. icense. f all _ , . ; olic beverage license applications to the Police i$ thirty'days from the date of the ABC mailing to provide no protests are received within that time period, the The Police Dep " lit is responsible for ensuring that an appropriate CUP exists for the appli - nt business. If such a CUP exists, the copy of the application is simply filed by the Police Department in the existing file with the notation that there were no objections to the issuance of the license. If it is a new (in the case of an "original" license application) or expanding business or one seeking a license to effect a premises transfer, and no CUP exists, the Police Department is responsible for sending a letter to the ABC protesting the issuance of the license until a CUP is issued by the City. Whenever such a protest letter is sent to the ABC, that agency notifies the applicant that they must begin the process of obtaining a CUP with the City's Page 1 of 4 TITLE: Alcohol Beverage License Application Review Process POLICY #707 and Alcohol Conditional Use Permit Standards ADOPTED: November 12, 1991 AMENDED: Planning Division and that the issuance of the alcoholic beverage license will be delayed until such time as the protest is withdrawn. Once a CUP has been issued, the Planning Division notifies the Police Department of that issuance and it is then the responsibility of the Police Department to notify the ABC that the protest is withdrawn. The CUP application, approval and issuance process is such that it provides all the checks, balances and controls necessaryto ensure that b% s esses seeking alcoholic beverage licenses are in compliance with local standards=,.... These conditions of approval shall apply to allYnew CUP's for the saleaof alcohol for on and/or off -site consumption and modifications, —*;existing CUP's for such sales as specified by the following parenthetical references with each condition. These references specify to which type of alcohol CUP being> applied for the conditions would apply to — on -sale (restaurant, bar ;etc.) or off -sat (market, grocery store, etc.). Regulation of these conditions'and allowances shall be enforced through the Conditional Use Permit process, specifically conditions of approval to read as follows: 1. (off -sale alcohol) a he sateof beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, of similar size containers is prohibited. 2. (off -sale alcohol) No beer produce shall be sold of less than manufacturer's pre -packaged thr ack'q ntities of 24 ounce cans per sale. There shall be no of single ca or bo 3. (off -sal alcohol) No ace of wine or distilled spirits shall be sold in containers of less than 750 milliilters. The sale of wine with an alcoholic content greater than 15% b'.3olume is prohibited. lilt 1 4. (off -sale a/co) bJ) Flavored malt beverages, also known as premium malt beverages and'lavored malt coolers, and sometimes commonly referred to as wine coolers, may be sold only by four -pack or other manufacturer's pre- packaged multi -unit quantities. 5. (off -sale alcohol) The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the applicant. 6. (off -sale alcohol) All cups and containers shall be sold at or above prevailing prices and in their original multi -container packages of no fewer than 12, and no cups and containers shall be given free of charge. Page 2 of 4 TITLE: Alcohol Beverage License Application Review Process POLICY #707 and Alcohol Conditional Use Permit Standards ADOPTED: November 12, 1991 AMENDED: 7. (off -sale alcohol) Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge. 8. (off -sale alcohol) The display of alcoholic beve;.shall be limited to an area in substantial conformance with Exhibit _ ase No. _, dated 9. (off -sale alcohol) Permittee shall post signal the exten®rbuilding walls in compliance with Chapter 10.30.070 of,e National Cityicipal Code. Additionally, the permittee shall post signs. to beapproved b e.-Planning Division, at each entrance to the applicants,,p mises and parking lot, prohibiting loitering and consumption of alcool,`on the premises and adjacent property under his control. Said. signs shall not to less than 17 by 22 inches in size, with lettering not less that on inch in height, The signs shall read as follows: a. "No open alcoholic beners are allowed on these premises." b. "No I 10. (off -sale alcoho premises, after beirt 11. (off - in dii beve ting the a d to the exte s and sign violatio lowed." ers of distill spirits may not be stored on the the purpose of later consumption. r advertisg and signs of all types, promoting or bility alcoholic beverages, including advertising/signs from �tthiin, are prohibited. Interior displays of alcoholic hich>ere clearly visible to the exterior, shall constitute a his condit 12. (off -sale a a quarterly gross sales of alcoholic beverages shall not exceed the gr , Ies of all other commodities during the same period. The applicant shall t all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. 13. (on and off -sale alcohol) All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city Page 3 of 4 TITLE: Alcohol Beverage License Application Review Process POLICY #707 and Alcohol Conditional Use Permit Standards ADOPTED: November 12, 1991 AMENDED: business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 14. (on -sale alcohol) The sale of alcohol shall not exceed the -sale of food. With the annual renewal of the City business license, t usiness proprietor shall submit a statement clearly indicating total alco rage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to`examine, auend inspect such books and records of the license, as ma'y be necessary in tfle.ir judgment to verify that the sale of alcohol does not sx eed the sale of food information obtained by an investigation of records shalt e.(nair confidential. 15. (on -sale alcohol) Alcohol shall be avai• lable'°only in conjunction with the purchase of food. 16.(on-sale alcohol with patio) Permittej shall post Signs in the patio dining area, including all exits to outdoor seating ,areas, indicating that alcoholic beverages must be consumed inside the restaaurant or patio area and may not be taken off -premises The sale of three -packs of 24-ez cans of bee` shall apply retroactively to all existing off -sale CUPs_ where cond tt xi "Whiting sales to no less than six-pack quantities. H©w ver, businesses wishingto avail themselves of this modification must conform wit " aft regula tt, of the Department of Alcoholic Beverage Control (ABC) The Council May, at its sole discretion, choose to waive or modify any of the above conditions. Related Policy References National City Municipal Code, Chapter 10.30.070 Ca. Department of Alcoholic Beverage Control (ABC) Prior Policy Amendments August 16, 2011 Page 4 of 4 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Installation of Dusk -To -Dawn Lights POLICY #709 ADOPTED: November 10, 1992 AMENDED: Purpose To establish the policy and procedures whereby a citizen can obtain under the City's program. Policy Homeowner must fill out and return an application for Department. Application must be filled out by homeowner Police will check each request by visiting each consider the darkness of the area, how close it is dusk -to -dawn lights in the area. dusk -to -dawn light light from the Police to the Police Department. individual location. The officer will to a street light, and if there are other Police officer will determine if a light is ,needed after visiting the site. Approved applications will be sent to Parks & Recreation who will then forward applications to Purchasing Department. Purchasing will.toor If the homeowne Depa Light is resp will be puree 'ble for m tnate the installation with an electrical contractor. tAafttir disagree on the location of the light, the Police e where the light will be installed. sedand installed by the City of National City. Homeowner /resident intenance and replacement costs and utility cost. Related Policy References None Page 1 of 1 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Installation of Dusk -To -Dawn Lights POLICY #709 ADOPTED: November 10, 1992 AMENDED: Page 1 of 1 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Residential Permit Parking Program POLICY #710 ADOPTED: August 23, 1994 AMENDED: Purpose The purpose of this policy statement is to regulate a Residential Permit Parking Program heretofore established by the City Council. A petition for a Residential Permit Parking area shall be directed to the Traffic Safety Committee. Before further processing of a request for a Residential Parking Permit District the petition shall be signed by 60% of the owners within the proposed boundaries of the Residential Parking Permit District. The Traffic Safety Committee shall direct the City Engineer to proceed with the processing of this program in conformance with the following stated procedures. SECTION I. Definitions (a) 'Residential Area" shall mean a contiguous area consisting of primarily residential uses containing public streets or p` (b) "Residential PermitParking Area"shall mean the adjacent public street frontage to a residential area designated as herein provided wherein resident motor vehicles displaying a valid permit as deI erein shall be exempt from parking restrictions established pursuant to o1ic atement; (c) "Resident Vehieje" shall mean a motor vehicle parked in a residential area in which it. is regi ed with tl(e State of California Department of Motor Vehicles or a similar registerin (d) "Commuter Vehicle" shall mean a motor vehicle, other than one described in subparagraph (e) herein, parked in a residential area in which it is not registered with the State of California Department of Motor Vehicles; (e) "Transient Vehicle" shall mean a motor vehicle which has been issued a temporary residential parking permit pursuant to this policy statement; (f) "Motor Vehicle" shall include an automobile, truck, recreation vehicle, motorcycle or other motor -driven or self-propelled form of transportation. Page 1 of 8 TITLE: Residential Permit Parking Program POLICY #710 ADOPTED: August 23, 1994 AMENDED: (g) "Owns" shall mean that a person has at least one -quarter interest in a parcel of real property within a residential permit parking area. (h) "Lease" shall mean that a person pays rent or other remuneration for use of a parcel of real property as his residence or place of business. (i) "Person" shall mean natural person, joint venture, Joint Stock Company, partnership association, club, company, corporation, business trust, organization, or the agent, employee, lessee, manager, officer or servant of any of them.. (j) "City Engineer" shall mean the City Engineer of the City of National City or his designee. (k) "Clerk" shall mean the person or officer who is or acts as clerk of the City Council of the City of National City. (1) "Code" shall mean National City Municipal Code. SECTION 2. Designation of Residential Permit Parking Areas (a) The City Council shall, upon the recommendation of the Traffic Safety Committee and subsequent to a public hearing consider for designation as residential permit parking areas those residential areas meeting and satisfying the objective criteria therefore established in this polic statement (b) The City Council shall then designate by resolution certain residential areas as residential permit parking areas in which motor vehicles displaying a valid parking permit may stand- be parked without limitations by parking time or parking area restrictions established by this policy statement. Said resolution shall also state the applicable parking regulation and period of the day for its application, and the fee to be charged upon permit issuance. SECTION 3. Designation Criteria (a) A residential area shall be deemed eligible for consideration as a residential permit parking area if, based on studies prepared at the direction of the City Engineer, objective criteria establish that the residential area is impacted by commuter vehicles for any extended period during the day or night, or weekends, or during holidays. Page 2 of 8 TITLE: Residential Permit Parking Program POLICY #710 ADOPTED: August 23, 1994 AMENDED: (b) In determining whether a residential area identified as eligible for residential permit parking may be designated as a residential permit parking area, the City Council shall take into account factors which include but are not limited to the following: (I) The extent of the desire and need for the residents for residential permit parking; (2) The extent to which legal on -street parking spaces are occupied by motor vehicles during the period proposed for parking restriction; (3) The extent to which vehicles parking in the area during the period proposed or parking restriction are commuter vehicles rather than resident vehicles; (4) The extent to which motor vehicles registered to persons residing in the residential area cannot be accommodated by the number of available off-street parking spaces. (c) The following are set forth as minimum criteria in determining whether to proceed with a recommendation for approval of a Residential Permit Parking District: (1) The Residential Parking Permit District shall consist of at least one side of a street section between two consecutive intersecting streets. (2) At least 70 percent of the available curbside parking spaces are occupied by commuter vehicles during the time the parking study is being conducted. SECTION 4. D 'Process (a) When directed o do so by the Traffic Safety Committee, the City Engineer shall cause to have such -surveys and studies as are deemed necessary to determine whether a residential area is eligible for residential permit parking. (b) Upon the completion of the surveys or studies, the City Engineer shall provide a written report to the Traffic Safety Committee on the subject of: (1) Eligibility of the residential area under consideration for residential permit parking; (2) Tentative boundaries for the proposed residential permit parking area; and Page 3 of 8 TITLE: Residential Permit Parking Program POLICY #710 ADOPTED: August 23, 1994 AMENDED: (3) Appropriate area prohibition or time limitation on parking and the period of the day for its application. (c) The Traffic Safety Committee shall review the report and its findings and subsequently make a recommendation to the City Council to approve or deny the proposed Residential Parking Permit District. The City Council at the next possible Council meeting following the Traffic Safety Committee meeting may set a date for a public hearing on the establishment of the proposed Residential Permit Parking District. (d) The Clerk shall cause notice of such hearing to be published twice in a local newspaper of general circulation in the city. The first publication shall be not less than ten days prior to the date of such hearing. (e) The City Engineer shall cause notice of such hearing to be posted conspicuously, at not more than one hundred foot intervals and at all street intersections, in the proposed residential permit parking area. (f) The notice shall clearly state the purpose of the hearing; the location and date and time of the hearing; the tentative boundaries of the proposed residential permit parking area; and that any interested person shall be entitled to appear and be heard. SECTION 5. Public Hearing (a) At the public,hearing, the City Council may review the written reports, surveys and studies, take public,tetimony and determine whether the proposed Residential Permit Parking District is justified and desired by the residents within the boundaries of the district and the immediate neighborhood. The City Council may then designate by resolution the new. Residential Permit Parking District and direct the City Engineer to cause the appropriate signing of the District per Section 7. SECTION 6. iss'uance of Permits (a) The City Engineer is hereby authorized and directed to issue, upon proper written application therefore, a parking permit. Each such permit shall list the license number of the motor vehicle for which it is issued, and the date when it was issued. No more than one parking permit shall be issued to each motor vehicle for which application is made. The City Engineer is authorized to issue such rules and regulations, not inconsistent with this policy statement, governing the manner in which persons shall qualify for parking permits; Page 4 of 8 TITLE: Residential Permit Parking Program POLICY #710 ADOPTED: August 23, 1994 AMENDED: (b) Parking permits may be issued for motor vehicles only upon application of the following persons; (1) A legal resident of the residential permit parking area who has a motor vehicle registered in his/her name, or who has a motor vehicle for his/her exclusive use and under his/her control; (2) A person who owns or leases commercial property and actively engages in business activity within a residential permit parking area. However, no More than one parking permit may be issued for each business,establistment for a motor vehicle registered to or under the control of such a person. (c) Proof of residency shall be demonstrated by providing rent or utility receipts or other such documents that verifies residency to the satisfac'tionofthe City Engineer. (d) Proof of motor vehicle ownership or vehicle use and control shall be demonstrated by providing a valid vehicle registration card and a valid driver's license. (e) Temporary residential parking permits may be issued for vehicles which are: (1) Owned, rented or under the operational control of any person who owns or leases property in the residential permit area, or (2) used in providing services to persons or property in theKresidential permit area. Temporary residential parking permits May also be issued 'to vehicles owned by temporary visitors who are residing in. -the residential permit parking area. Such temporary residential parking permits halllfave all of the rights and privileges of a regular permit. A temporary t_ parking Permit sI"be valid for no more than fourteen days from the date of ssuance. No resident of a residential permit parking area shall be issued more two temporary parking permits at one time. A temporary residential parking p ssu to a vehicle providing services or to vehicles owned by temporary visitors shall be considered to be a temporary permit issued to the resident of the property where the services are provided or the temporary visitors are residing. (f) Long-term visitor parking permits may be issued to residents of a permit district who require regular service or care over a long period of time. The resident must establish the need for a long-term permit by indicating a disability or a hardship situation that requires regular at-home care or some other assistance for a period of more than two weeks. A resident shall be limited to one such long-term visitor permit which may be transferable to the vehicles of multiple care or service providers. Each care or service provider shall register their vehicle(s) with the Engineering Department. The long-term permit shall be Page 5 of 8 TITLE: Residential Permit Parking Program POLICY #710 ADOPTED: August 23, 1994 AMENDED: valid for one year after the date of issuance. Long-term visitor parking permits issued per this paragraph shall be counted against the permit limits of paragraph (g). (g) The number of permits issued to any one address in a residential area shall be limited to the number of curbside spaces along the property frontage or two, whichever is greater. Non -single family residential addresses shall be limited to two permits. The determination of the number of spaces along the property frontage -shall be made by the City Engineer. SECTION 7. Posting of Residential Permit Parking Area Upon adoption by the City Council of a resolution designating a residential permit parking area, the City Engineer pursuant to Title II of the Code shall cause appropriate signs to be erected in the area indicating, prominently, thereon the area prohibition or time limitation, period of the day for its application, and conditions under which permit parking shall be exempt therefrom. SECTION 8. Display of Permits: Permits shall be displayed in a manner determined by the Chief of Police. SECTION 9. Permit Parking Exemptions A resident motor vehicle or transient motor vehicle on which is displayed a valid parking permit as provided for, herein shall be permitted to stand or be parked in a residential permit parking area minima being limited by time restrictions or area prohibitions established purajtant fo,this policy. Said resident motor vehicle or transient motor vehicle shall not be exempt frort parking restrictions or prohibitions established pursuant to an authority other than this.policy. All other motor vehicles other than vehicles specified in Title II of the Code and vehicles where the operator or the passenger being transported by said veh1e1e displays a license issued under the provisions of Section 22511.5 of the California Vehicle Code, parked within a residential permit parking area shall be subject to the time restrictions or area prohibitions adopted as provided in this policy, as well as the penalties provided for herein. A residential parking permit shall not guarantee or reserve to the holder thereof an on street parking space within the designated residential permit parking area. SECTION 10. Application for and Duration of Permit Each parking permit issued by the City Engineer shall be valid for not more than one year from the date of issuance. Permits shall expire on the last day of the anniversary month of Page 6 of 8 TITLE: Residential Permit Parking Program POLICY #710 ADOPTED: August 23, 1994 AMENDED: the foundation of the area in such manner as may be required by the City Engineer. Each application or reapplication for a parking permit shall contain information sufficient to identify the applicant, his residence address or address of real property owned or leased within a residential permit parking area, and the license number of the motor vehicle for which application is made, and such other information that may be deemed relevant by the City Engineer. SECTION 11. Permit Fees (a) The annual renewal fee for a residential parking permit shall be $10.00 and shall be revised by resolution at such time when user fees in general are updated. (b) The fee for a temporary residential parking permit shall be two dollars ($2.00). SECTION 12. Penalty Provisions (a) It shall be unlawful and a violation of this policy unless expressly provided to the contrary herein, for any person to stand or park a motor vehicle for a period exceeding the time limitation or in violation of the area prohibition established pursuant hereto. Said violation shall be an infraction punishable in accordance with the provisions of Title II of the Code. (b) It shall be unlawful and a violation of this policy for a person to falsely represent himself as eligible for a parking permit or to furnish false information in an application therefore; (c) It shall be unlawful and a violation of this policy for a person holding a valid parking permit issued p .: anthereto to permit the use or display of such permit on a motor vehicle other than at for which the permit is used. Such conduct shall constitute an unlawft act and violation of this policy both by the person holding the valid parking permit an peen who uses or displays the permit on a motor vehicle other than that for which it is issued; (d) It shall be unlawful and a violation of this policy for a person to copy, produce or otherwise bring into existence a facsimile or counterfeit parking permit or permits without written authorization from the City Engineer or designate. It shall further be unlawful and a violation of this policy for a person to knowingly use or display a facsimile or counterfeit parking peiinit in order to evade area prohibitions or time limitations on parking applicable in a residential permit parking area. A violation of this Page7of8 TITLE: Residential Permit Parking Program POLICY #710 ADOPTED: August 23, 1994 AMENDED: subsection shall be a misdemeanor punishable in accordance with the provisions of Section 11.12 of the Code. SECTION 13. Revocation of Permit The City Engineer or designate is authorized to revoke the residential parking permit of any person found to be in violation of this policy and, upon written notification thereof, the person shall surrender such permit to the City Engineer. Failure when so requested to surrender a residential parking permit so revoked shall constitute a violation of law and of this policy. SECTION 14. Severability The provisions of this policy area severable and if any provisions, clause, sentence, subsection, word or part thereof is held illegal, invalid, or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, sections, words or parts of the policy or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this policy would have been adopted if such illegal, invalid, or unconstitutional provision, clause, sentence, subsection, section, word or part had not been included therein, or if such person or circumstance to which the policy or part thereof is held inapplicable had been specifically exempted therefrom. SECTION 15. Sunset Provision and Removal of Designation. (a) Each residential permit parking area may be re-evaluated for eligibility 2 years after the date of designation and every 2 years thereafter. The City Engineer shall apply the same criteria as provided in Section 3 to determine if the area is still eligible for the designation (b) The designation process set forth in this policy statement shall be utilized by the City Engineer and the City Council in determining whether to remove a designation as a residential permit parking area from a particular residential area or portion thereof. Related Policy References None Prior Policy Amendments None Page 8 of 8 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Residential Permit Parking Program POLICY #710 ADOPTED: August 23, 1994 AMENDED: Page 1 of 1 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Requirements for Submittal of Proposals To Qualify For TaxiCab or Other ParaTransit Vehicle Permits POLICY #711 ADOPTED: August 16, 2005 AMENDED: Purpose The purpose of this policy statement is to set forth the basic requireme t ,for submittal of proposals to qualify for taxicab or other paratransit vehicle ermits to op te in the City of National City. Policy. I. BASIC REQUIREMENTS A. The Mayor and City Council will establish an Issuance Evaluation Committee, comprised of two conncilm`embers and a specified number of staff members, to review such submittals and make a determination as to granting or denying the request for permit(s) and medallions (in the case of taxicabs). Decisions as to the granting or denial of submittals may take up to 90 days. Submittals of all such proposals shall be to the Finance Department. B. The Is` the City Count the number of pe ance Evert Lion Committee will also make recommendations to me to tim concerning the establishment of numerical limits on i3cab medallions to be authorized C. ° pro R fe and its requirements are set forth in accordance with, and are istent wit the =+ ity of National City Municipal Code, Section 11.70 et seq., pertain to the re lation and operating requirements of paratransit vehicles operating in the Ci, 4 ati al City, and the Implementation Regulations for Paratransit Vehicles related thereto. D. A minimum qualification for the submittal to the City of such a proposal requires that the submittal applicant is currently, and will continue in the future, to be able to comply with the above referenced ordinance and Implementation Regulations. Actual submittal of a proposal will constitute affirmation that compliance with said regulations will be effectuated by the permit applicant. Upon the City's grant of a permit to a new permit holder, completion of an application in accordance with the above regulations will thereafter be required with payment of the required fees, as set forth in Section 11.70 of the Municipal Code. Page 1 of 4 E.Applicants will not be discriminated against on the basis of race, creed, national origina, gender, religion, sexual orientation, age, and other such constitutionally protected classification. Preference may be given to applicants who operate their paratransit vehicles headquarters in the City of National City. The City of National City reserves the right to reject any and all submittals at its discretion where the applicant's proposal does not meet the qualifiying criteria. F. By submitting a proposal, the applicant authorizes the City of National City to perform all investigations necessary to determine suitability and number availability for the issuance of additional permits and/or medallions by the City. The availability of permits and/or medallions to be issued by the City, will be based on City Council discretion. The City Council may in its discretion, reduce the number of authorized permits and/or medallions when deemed to be in the best interest of the City. The City Manager is, not requiredissue the maximum amount of permits and/or medallions set by City Council, unless in his or her discretion, it is warranted, based on need and qualifications of the proposals. II. ELIGIBILITY A. Paratransit operators who are immediately able to operate a legal paratransit vehicle in the City of National City are eligible to apply. They must provide: 1. A centralized fleet ownership of paratransit vehicles through a partnership, corporation, drivers' association, or a limited liability corporation. operational 24-hour 'staffed central dispatch system, demonstrating an tem for paratransit vehicles. s of a GPS by at least 50% of the fleet. Credit card acceptance from passengers for payment of fares. Minimum driver age requirement of 21 years of age. 6. A 20 hour minimum driver training requirement by the company. 7. Proof of minimal insurance requirements as set forth in the City's Implementation Regulations and Section 11.70 of the Municipal Code. 8. Agreement to comply with the City's Equal Employment Opportunity Plan and incorporation of the Plan into their operation. Page 2 of 4 B. Submittal of all required information is the responsibility of the applicant. Factual accuracy, completion of all required documentation, and timely submittal is required of the submittal applicant for eligibility. III. REQUIRED INFORMATION FOR SUBMITTAL A. General Applicant Information 1. Name, address, and telephone number of the applicant, and person submitting the proposal, if different. 2. Designation, details as to the form of the business, and supporting documentation as to the legal existence of the ss entity, including all identification information for the business such as corporate number, Articles of Incorporation, bylaws, and related documents, B. Five references of clients or business entities who can attest to the applicant's quality of service provided for paratr tsit pie service. C. A Management Business Plan, to include descriptions of the following, all of which may be utilized to evaluate thedecision to grant or deny the proposal request: 1. The provision of a cralized fleet ownership by the entity. 2. The` , Centrai , Dispatch System, GPS, and communication techno10 y empi6Y. y the applicant. 6. 7. 8. 9. perience, training, and qualifications of applicant and their s, drivers, and owners. nary or report of response times for past three years (or a set standard for response times for new companies). Proof of credit card usage for customer fares. Customer Complaint Procedure. Vehicle storage, repair and maintenance monitoring systems for the vehicles for effective functioning. Drivers' hiring and retention criteria, training program, and minimum required experience. Chart and description of existing personnel positions. Page 3 of 4 10. Submittal of a plan for ongoing monitoring and evaluation of the applicant's level and quality of service and accountability. 11. Record keeping system. 12. List of all other cities or other entities for which permits are currently held or intended in the year subsequent for paratransit vehicle service. 13. The dates, names, and explanation of all past license or permit revocations of any and all drivers, owners or managers of the applicant's entity. 14. Facilities and headquarters location ail description. 15. Safety program details. D. Submittal of a letter from an accredited financial institution stating that the applicant has the resources to fund the Management BusinessPlan within 90 days of the award of permit(s). Related Policy References Page 4 of 4 .}- CALIFORtNJA; 'I CITE 1NCORPOBATED CITY OF NATIONAL CITY MEMORANDUM DATE: December 10, 2013 TO: Honorable Mayor and City Council FROM: Claudia Silva, City Attorney Stacey Stevenson, Director of Administrative Services SUBJECT: Report on the Administration of Taxicabs and Other For -Hire Paratransit Vehicles Purpose The purpose of this report is to provide the City Council of the City of National City with an update on the status of the City's taxicab and paratransit program. The report concludes with options for the City Council related to the future administration of the program. Background / Chronology Prior to 1992, the licensing and regulation of taxicabs in the City of National City was performed by the Police Department. In July, 1991 the City of National City entered into an agreement with the Metropolitan Transit Development Board (MTDB) authorizing MTDB to regulate taxicabs and other for -hire paratransit vehicles within City limits. Under MTDB's administration, there were three permitted operators in National City: Yellow Cab, Red Cab and USA Cab, holding a total of 65 taxicab licenses (also known as medallions). Under the terms of the agreement, MTDB regulated the number of medallions, collected annual permitting fees and conducted annual vehicle inspections. On December 21, 2004, the City Council took formal action, via Resolution 2004-233, electing not to extend the term of the agreement authorizing MTDB to regulate taxicabs and other for - hire paratransit vehicles within National City. In anticipation of terminating its agreement with MTDB, on December 7, 2004, the City Council of the City of National City adopted Ordinance No. 2004-2256, enacting Municipal Code Chapter 11.70 providing for the licensing and regulation of transportation services within the Page 2 Report on the Administration of Taxicabs and Other For -Hire Paratransit Vehicles December 10, 2013 City by the adoption of a uniform transit system. On that same date, the City Council approved Resolution 2004-230, approving the implementation of regulations for paratransit vehicles. In January, 2005, the City of National City assumed responsibility for licensing and regulating taxicabs and other paratransit vehicles operating within the City. Administration of the established permitting process is performed by the Finance Department. Field enforcement of taxicab and para-transit regulations fall to the Police Department and Neighborhood Services. In 2005, MTDB, San Diego Transit, and the San Diego Trolley consolidated into one entity, the Metropolitan Transit System (MTS). Discussion As previously noted, in 2004, when MTDB was responsible for administering the taxicab program for the City of National City, there were three operators (permits) holding a total of 65 medallions. The three operators were Yellow Cab, Red Cab and USA Cab. Subsequent to assuming taxicab administration "in-house" in 2005, the City Council increased the number of operators (permits) to five, holding 85 medallions, adding West Coast Cab and RV Cab. Overtime, the number of operators and medallions has declined. Today, there are two operators (permits), Red Cab and USA Cab holding 17 medallions. There is currently no limitation on the number of permits or medallions available for issuance in the City of National City. Should the City Council desire staff to seek to issue additional permits and/or medallions, it is recommended that consideration of such limitations be first considered. In addition, consideration may also be given to the following: • As prescribed by code, taxicabs and other for -hire paratransit vehicles are required to maintain stringent standards related to vehicular safety, signage or markings, fees, internal and external aesthetics, and driver appearance. At current staffing levels, it is operationally burdensome for staff to conduct inspections for the purpose of determining if such vehicles operating in National City are properly permitted and in conformance with the noted regulations. • The insurance requirements for taxicabs and other for -hire paratransit operators have not been adjusted since adoption in 2004. A review by Risk Management has determined that the current levels are inadequate, recommending increased policy limits. Options Based on the above discussion, the City Council has various options. While there is no action item before the City Council at this time, the City Council could provide staff further direction. Some of the options are: • Accept and file the report. Page 3 Report on the Administration of Taxicabs and Other For -Hire Paratransit Vehicles December 10, 2013 • Explore returning taxicab and other for -hire paratransit vehicles to the Metropolitan Transit System. • Explore a process for the issuance of additional permits and medallion. • Establish permit and medallion limits. • Consider an increase to the insurance policy limits. Absent direction from the City, staff will continue to administer the program at the current umber of operators (permits) and medallions, and the same insurance policy limits. strative Services CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Sale of Surplus Real Property POLICY # 901 ADOPTED: June 19, 1984 AMENDED: August 14, 1990 Purpose To establish a policy and procedure for the sale of surplus property and use of the proceeds from that sale. Policy The following steps are to be followed to sale City -owned pieces of property 1. Obtain other City Departments' comments for the sale of the property. 2. Secure preliminary title reports for the property. 3. Prepare plats and legal descriptions for the property. 4. Request the City Council (Real Estate committee) to declare the property surplus and direct the staff to sell it. 5. If applicable, send a written offer to sell or lease the property to the other government agencies (Government Code Section 54222). 6. Order a letter of appraisal for the property from a licensed appraiser. 7. OrderCLTA title insurance policy for the property to be sold. 8. Pr` are the advertising and bid packages for the marketable properties, and request the Ci - Council's Approval to proceed with the advertisement of the marketable prop 9. Advertise the sale of marketable properties. 10. Prepare a final report to the City Council providing information on the results of the bid opening or the negotiations. 11. Obtain approval from the City Council to enter into an escrow to sell the property. Unless otherwise specified in the offer, or in the bid package, the City will open a normal escrow where the City will pay for the cost of the title insurance, and one-half of the escrow fee. Page 1 of 2 TITLE: Sale of Surplus Real Property POLICY # 901 ADOPTED: June 19, 1984 AMENDED: August 14, 1990 The proceeds from the sale will be spent on beautification or improvement projects throughout the City. Related Policy References None Page 2 of 2 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Management of Real Property POLICY # 901 (Sale, Lease, Rental, Surplus) ADOPTED: June 19, 1984 AMENDED: Background: The City of National City is owner of substantial real property which is used for various municipal purposes. As public service needs change, the requirements for these properties may be revised and, on occasion, certain parcels, may b'e i'n excess of the City's current need. This requires that each individual site in terms of its potential for future public use, as well as its potential economic benefit to the City. The proceeds from the sale and lease of City -owned lands and the revenues generated from leases are normally utilized for General Fund purposes unless the property sold or leased belonged to a restricted program. Purpose: It is the purpose of this policy 1) to isestabll ° procedure by which unused and marginally used City -owned real estate is reviewed 'forts' potential public use, and for designating unneeded parcels for lease or sale; 2) to provide methodology for the sale or exchange of City -owned real estate and 3) COy establish policies for the leasing of City - owned real property. Policy: It is the: City's policy to manage`its real estate assets so that municipal needs which rely on thek assets may be`*operly`impleinented. It is not the City's policy to speculate in real est*jhe City Cou1 will eview City -owned real estate not used for municipal purposes atti determine th appropriate use of the property. Those properties not needed for either Citty* public use within the foreseeable future, may be made available for lease or sale. "' The City shall optimize the sale price or lease rent from City -owned real estate based on relevant factors, including 1) an appraisal reflecting current market value when either a transaction or authorization to sell or lease is presented to the City Council, 2) prevailing economic conditions and market trends, and 3) any special benefits to accrue from the sale or lease. The City shall seek market value for its properties. Discounts will not be negotiated unless an extraordinary need or circumstance is recognized by Council Resolution setting forth the amount of the discount from appraised value and the public purpose served in justification of the discount. Page 1 of 12 TITLE: Management of Real Property POLICY # 901 (Sale, Lease, Rental, Surplus) ADOPTED: June 19, 1984 AMENDED: City staff under the direction of City Manager shall prepare and present to the City Council a comprehensive Property Management Plan with periodic reviews as needed, and updates to the City Council. The Property Management Plan shall include an overall review of the City's real estate portfolio (or inventory), an operating plan for corporate property, a disposition plan for surplus property, market research to support anticipated transactions and a request for authority to act within defined parameters (as described in this policy). The major elements of the property management plan are to includes"= • Property evaluation and characterization of real estate assets • Strategy for City occupied real estate • Investment Portfolio Plan (leases to forTrofit tenants) • Review of Not -for -profit leases • Disposition Plan for surplus assets • Business Case development review to support proposed transactions • Legal document development and review Procedure for sale of City owned Real state: A. Real Estate Review- As part of an overall property management plan for the City's real estate assets, staff will review the City's property inventory to determine which properties are no longer needed for public facilities` or to support the elements of the General Plan and whose dispositiO will, provide a greater public i"enefit. Y -S A, ty-owned prop may be oni`e available for sale if: • Tti roperty is not currentll used by the City or does not support a municipal funs • The prop is vacantand has no foreseeable use by the City. • '1 he property is a nor -performing or under -performing asset and greater value can be generated ny,its sale. • Significant economic development opportunities can be generated by selling the property. Factors to be considered in determining whether a property should be sold include: • Will the City be relieved of potential liabilities and/or cost of maintaining property that does not generate income or provide public benefit? • Property tax increment that will be created by returning the properties to the tax rolls. Page 2 of 12 TITLE: Management of Real Property POLICY # 901 (Sale, Lease, Rental, Surplus) ADOPTED: June 19, 1984 AMENDED: • Stimulation of the economy by providing opportunities for private sector investment. • Generation of revenue. • The sale of the property will generate greater economic value than a ground lease, if a ground lease is a feasible option. B. Governmental Clearance Process Government Code Section 54222 requires that a local agenbproposing to dispose of surplus property must first notify all governmental agencies o*ating within the City as to the availability of the property. The agencies "are given 60 days to respond with an intent to acquire, if not, the property maybe deemed cleared for public sale. Regarding the list of properties for sale: • Governmental agencies are regularly contacted as the surplus list is updated. • City departments are individually contacted as the surplus list is updated. • Council members are given a preli nrnary review and opportunity to comment on foreseeable uses for the property. ?F; C. Approval Process • City -owned properties th have been Identified by the City Manager as candidates for sale will bei ?resented the City Council for approval to be sold. If a property is of a type and 10 ion that would make a ground lease feasible, an economic analysis of the ben s„ale ill be conducted. • If CityfC4dOil deterl� s thal the ooperty may be sold, it shall authorize City Manager to sell the prop for a price equal to or greater than a minimum price eilablished by a current (1e ::than six months old) appraisal. The authorization to sell.. e property wl be valid for twelve months from the date of City Council actio • The Cit Manager or:designee may enter into purchase and sale agreements, close escrows anxecut °and deliver grant deeds to the purchasers of the properties at prices equal tot©rr'greater than the minimum price approved by City Council on terms and conditions deemed reasonable, and in the City's best interests. • City Manager or designee will provide a report to the City Council, regarding the price, terms, and conditions of all transactions. • Properties that cannot be sold at a price equal to or greater than the minimum price approved by Council will be returned to Council for further consideration prior to disposition. Council approval will be required to sell a property at a price less than the minimum price previously approved by the City Council. Page 3of12 TITLE: Management of Real Property POLICY # 901 (Sale, Lease, Rental, Surplus) ADOPTED: June 19, 1984 AMENDED: D. Method of Sale Properties may be sold by any method allowed by City Council Policy. This includes direct negotiation, request for proposal, listing with a broker, sealed bid, auction or other appropriate method as determined by the City Council. Possible method of sale for all properties will be included in the enabling resolution authorizing their sales. E. Marketing Properties offered for sale shall receive the widest poss`exposure to the open market place. This may be accomplished through direct markctitng techniques, such as requests for proposals (RFPs), advertising, exposure through the;real estate media, posting the property on the multiple listing service or any other appropriate method. When appropriate, properties may be listed) for sale with qualified real estate brokers. The authorization to utilize the services of a real estate broker will be contained in the enabling resolution. F. Real Estate Brokers Real estate brokers may be used t8 represent the City in the sale of its properties. Brokers will be selected for individual assigf me.nts through Requests for Proposals (RFP) or Requests for Qualifications (R.FQ) and a -subsequent bid or other methods that result in the City receiving the services of a qualified broker at the best value to the City. The maximum approved commission rate will be contained in the enabling resolution for the propertyhs sale. If the.perty is listed with a broker, the City reserves the right for exclude frown, theluting agreement potential buyers whose interest -in. haling a bject property has been made a part of the record prior to thetecution o� agreement G. Exc1tlely Negotiateales It will 1 4 :the City's policy to insure the highest price for its real estate by pursuing open mar transactions. However, on certain occasions, an exclusively negotiated sale may be ed,as applicable and may be approved under one of the following conditions: 1. When a parcel is landlocked. 2. When the sale to a contiguous owner would correct a site deficiency. 3. When a fee interest in a pipeline or other right-of-way is no longer required, it may be sold to a contiguous owner. A restrictive pipeline easement of adequate width or other required easements will be reserved from said sale. 4. When other governmental, public and quasi -public agencies submit acquisition proposals a sale may be consummated. These agencies shall include but not be limited to: Federal, State, and County agencies; school districts, special districts, and regulated utility companies. Page 4 of 12 TITLE: Management of Real Property POLICY # 901 (Sale, Lease, Rental, Surplus) ADOPTED: June 19, 1984 AMENDED: 5. When qualified nonprofit institutional organizations offer to purchase City -owned land, a negotiated sale may be consummated at fair market value providing there is: 1) a development commitment, and 2) a right to repurchase or a reversion upon a condition subsequent. Institutional organizations such as places of public assembly, hospitals, extended care facilities, private schools and community service organizations are required to develop under the City's conditional use permit procedure. 6. When a property has been offered by public auction an'tt no acceptable bids were received, it may be sold on a negotiated basis'to any appliccant submitting an acceptable offer within six months following the date of auction: =. 7. Real property exchanges may be consummated by direct negotiation. However, exchanges will be considered only with other governmental agencies or when there is an advantage to the City. H. Rezoning Prior to completion of the sales transaction, City land shall; be considered for rezoning in accordance with the General Plan, existing community plans or other City Council direction if a higher sale price will result. Also, all. unnecessary easements affecting title to the property shall be removed if this will result in a commensurate increase in value. I. Easements The City will receive cttit nt fair market value for the removal of restrictive easement or access rights previous .paid for by the City or other governmental agent or reserved in a sal aof City property. J. Priority andling Since firrio is of essence in land transactions, all such actions by the City Council and staff shall given the highest priority and special handling. K. Public Utilities %f led by Private Entities The applicant forthe use of unimproved City land for public purposes, such as streets, sewers, and other public utilities, shall compensate the City for the fair market value of the rights to be granted by the City. The amount of compensation shall be established by appraisal. Procedure for leasing City -owned Real Property The City of National City has a very diverse real estate portfolio. While the policies herein are to act as the standard that governs most leases, the City acknowledges that parts of its leasing portfolio have specialized needs or restrictions. In these cases, this policy will act as a framework for a sub -policy that will govern a specific area. Should a Page 5 of 12 TITLE: Management of Real Property POLICY # 901 (Sale, Lease, Rental, Surplus) ADOPTED: June 19, 1984 AMENDED: conflict arise between the framework policy and the sub -policy, the sub -policy will govern. A. Criteria for Leasing City property shall be considered for leasing when one or more of the following criteria apply: 1. The property is not required for current municipal use, but is to be held for possible future use and can be leased as an interim measure,: 2. The property can only be leased because of legal restraints. For example, property held under Tideland trust grants or as dedicated parks. 3. The City requires substantial control over development, use and reuse of the property. 4. The property has the immediate potential of a high return to the City because of its high demand and type of use, such as commercial and industrial land. 5. The property can be efficiently utilized by a provider, of services needed by the City. 6. The property can be leased to promote a substantial economic development opportunity. B. Property Management Plan The City Council may approve the execution of lease transactions that meet the terms of the City's asset strategy for a partilur,:propey previously approved by City Council in an overall Pry . Management Plan.Negotiated transactions that fall outside of the parameters of an approved Property Management Plan either will be submitted individually for City Council approval, or deferred until the next periodic update and approval _offile plan. C. Lessee Selection for Nei?: Leases Competitive offers for lease of City property shall be solicited from the open market place. This may be accomplished through a number of marketing techniques, such as Request for Proposals"(RFPs), a marketing subscription system, direct advertising, use of a Multiple Listing Service (MLS), listing with a broker, posting the property and any other appropriate means. In certain limited situations, the City may exclusively consider a single proposal for lease of City property. Potential lessees wishing to exclusively negotiate with the City must submit for City staff review a business case with sufficient justification as to how it is capable of optimizing the use of the property and return to the City, thereby negating the need for a competitive process. This information will be included when the lease transaction is presented for City Council approval. Page6of12 TITLE: Management of Real Property POLICY # 901 (Sale, Lease, Rental, Surplus) ADOPTED: June 19, 1984 AMENDED: Leasehold proposals shall be evaluated in terms of: 1. The degree to which the proposed use is in compliance with the City's strategic plan for the property. 2. In terms of the amount of consideration offered in the formof rent. 3. In terms of the financial feasibility of the proposal. 4. The capability, expertise and experience of the potential lessee with respect to the proposed leasehold development and operation 5. If new development is proposed, a development plan that in-04des a description of the development team and its qualifications. 6. The details of each person or entity that will have an interest in the proposed lease 7. Special public benefits to be derived (if any)., D. Rate of Return The City shall obtain fair market rents for its leases commensurate with the highest and best use of the property. The fair market rent shall be based pn an appraisal that complies with the definition of Market Rent foun 1 . the Uniform Standards of Professional Appraisal Practice (USPAP) published by the P*: alFoundation. The appraisal shall be no more than six months old at the ti e=.tlie lease%transaction is presented for City Council approval. If the cost fan appraissil is not justified by the anticipated rents, the City may choose at=lternative,method to establish rent. City leases shall contain terms and conditions which ;wall sustain a fair rate of'return throughout the duration of the lease. E. Rental Rental tuns maybe e otiated on the basis of fixed rates (flat rent leases) or percentages of Metssee's gross iti e derived from business conducted on the property, with a provisio '; a minimumal (Pgii6entage leases). F. Percentae Vases Minimum The minimumrent component for a new percentage lease shall be set at no less than eighty percent (80%) of the fair market rent as defined above. In certain cases, a portion of the minimum rent may be abated for new construction or redevelopment on the leasehold. The minimum rent shall be adjusted upward throughout the duration of the lease at intervals of not more than every five (5) years to reflect no less than eighty percent (80%) of the average annual rent actually paid or accrued during the three (3) years preceding the adjustment. In no event shall the adjusted minimum rent be less than the minimum rent in existence immediately preceding the adjustment. Page7of12 TITLE: Management of Real Property POLICY # 901 (Sale, Lease, Rental, Surplus) ADOPTED: June 19, 1984 AMENDED: Percentage Rates Percentage leases shall provide for adjustments of percentages rates every five (5) years to current fair market rates as established by appraisals of prevailing market percentage rates primarily within the Southern California atea. G. Flat Rate Leases Market Rate Adjustments Flat rate leases shall provide for upward adjustment of rent eV current fair market rent. Consumer Price Index Adjustments Flat rate leases shall provide for upward adjustment of rent in the interval term between market rate adjustments by changes in the consumer price index. The index used for consumer price index adjustments will be the All Urban Consumers index for Los Angeles *aside - Orange County, California with a base year of 1982-84. If the U.S. Department of Labor indices are no longer published, another substitute index gonerally yrecognized as authoritative will be used. Flat rate leases may includpre-deterniined periodic increases to rent instead of consumer price index adjustments. These periodic increases would occur at least e'i' •fie ` years. H. Rent Arbitration Leases shall provide for hindin-g arbitration when the City and lessee cannot agree on the new rent for a rental` p iod undue„ review. The City and lessee shall each select a professional independent teal estate appraiser who in turn will select a third independent real estate appraiser to determine the fair market rent. if the two selected appraisers fail to mutually select a third appraiser, then the third appraiser will be appointed in accordance with the rules of the. American Arbitration Association. The City and lessee shall pay the cost of its own selected appraiser and equally share the cost of the third appraiser. I. Appraisal Assumptions City leases shall include a definition of the fair market value to he used to adjust rent and an identification of the premise for that value. In establishing the fair market value of leased property, any appraisal shall consider the property as a fee simple absolute estate and as vacant and available for lease or sale for the authorized purposes of the lease at the commencement of the rental period under review. Rates established for purposes of periodic percentage rental adjustments shall not consider any abatement as may be appropriate in a "new" development of vacant land. It shall also be assumed that all five (5) years to Page 8of12 TITLE: Management of Real Property POLICY # 901 (Sale, Lease, Rental, Surplus) ADOPTED: June 19, 1984 AMENDED: required regulatory approvals to permit the use authorized in the lease have been obtained. J. Lease Term Short -Term Lease The City Manager, at all times, shall have power,` without- advertising, notice, or competitive bidding, and upon such terms as the,:City Couneit may deem proper, to lease any City property for a term of Otree (3) years or less (lrorrt-term lease). The City Council will be notified of aP i rt-term lease not later than, fifteen (15) days following its execution. A short-tert lease` may not be renewed without approval of the City Council. The City Ma er, or designee may also execute rental agreements covering up to eighteen (18) %Months for tenant occupancy of City -owned residential housing Long -Term Lease A lease in excess of three (3) years requires a resolution passed by a majority vote of all members,of the pity Council. The length ©' lease term shall be based on the level of capitalimprovements to be 'Made by the lessee and the economic life expectancy of thee devel pment. These ,factors can be determined utilizing cost estimating and ec nozailexpect ey resources such as tables provided by Marsh l7Valuation S ce T c Ci'tymay consider other relevant information in �r dstenuining ifs. long ,., ase term is warranted, such as if the proposed leasehold velopment iS e ,pecte generate above average returns to the City or ' icantl im rw' the lit of theproperty. A lease shall not exceed 55 Y P Y years unless the cognitions set forth in Government Code section 37380(b) are met, V> K. Lease Amendm Amendments to longterm leases require City Council approval. The City's agreement to an amendment may be contingent upon updating sections of the lease to incorporate current City standard lease provisions and an adjustment to fair market rent. L. Subleases A lessee may sublease all or part of the leased property to a qualified sub -lessee subject to approval by the City. No sublease shall be approved which would be detrimental to the City's rights under the master lease or for a use that is not consistent with uses allowed by the master lease. The City Manager may authorize subleases which meet these conditions and which do not require amendment of the master lease. Unless special circumstances Page 9 of 12 TITLE: Management of Real Property POLICY # 901 (Sale, Lease, Rental, Surplus) ADOPTED: June 19, 1984 AMENDED: exist. Leases shall provide for the City to receive a minimum of fifty percent (50%) of the incremental gross rental revenues due to the lessee from subleases. M. Leasehold Financing The City will not subordinate its fee interest to encumbrances placed against any leasehold by a lessee. The City Council may approve appropriate financial encumbrances of the leasehold interest, which provide that all loan proceeds rare used for authorized improvement of the property until the leasehold is fully developed in accordance with the lease. City staff shall take appropriate steps to review the proposed financing and insure that loan proceeds go into the leasehold. Maximum loan proceeds shall not be in excess of seventy-five percent (75%) loan -to -value, where "value" refers to the leasehold improvements, as determined by a lender's appraisal which has been reviewed and approved by City staff. The loan term shall not exceed: the term of the lease. ^T. Loans or refinancing in the form of encumbrances against ,the lease for the purpose of reducing equity or financing the sale of leasehold interest will not be allowed until the property is fully developed for uses authorized in the lease. After the property is developed, such financing may be permitted so long as there is also substantial benefit to be gained by the City, This may take the form of either a percentage share of the loan proceeds or an upward adjustment to the rent. Either of which shall be based on commercially reasonable comparables found hire market. a e N. Leaseholjavements Leasehold improvements installed by lessees shall be removed at the lease termination without',cost to the City*•r will weft to the City, at the City's option. All leasehold improvernenls and alterati s require prior written approval of the City Council. O. Maintenance and Utilities Responsibility �r. City leases shale require the lessee to maintain all improvements on the property at its own expense and ht,tesponsible for the cost of all utilities. Leases for multi -tenanted space shall include specific requirements delineating appropriate responsibilities. P. Lease Audits All percentage leases shall be audited by the City's Finance Depaitinent in the first year of operation to establish proper reporting procedures and at least once every three (3) years thereafter. More frequent audits may be made if appropriate. The City shall reserve the right to audit all other leases and agreements subject to this Council Policy, if determined to he warranted by the City's Finance Department. Page 10 of 12 TITLE: Management of Real Property POLICY # 901 (Sale, Lease, Rental, Surplus) ADOPTED: June 19, 1984 AMENDED: Q. Leasehold Assignments Requests for assignment of leasehold interest shall be evaluated on the same basis as the criteria used in evaluating a leasehold proposal. The City Manager may authorize assignments which do not require amendment of the master lease. Consent may be contingent on the payment of additional consideration to the City, either as a percentage share of the purchase price of the leasehold interest or an upward adjustment to the rent. Either of which shall be based on commercially reasonable co parables found in the market. If new financing is involved in the sale, the requireiients of 'Leasehold Financing' shall apply. R. Lease Extensions & Renewals Requests from existing lessees for lease extensiorsor renewals may be considered if such proposals promote capital investment and redevelopment of City property. Whenever an existing lessee is seeking renewal of an expiring long-tern:lease that is not contemplated in a previously approved property management plan, the City Manager will bring the issue before the applicable City Council:Coriitnittee with an appropriate recommendation. In addition to the criteria used to assess hew lease proposals, City staff also will review the lessee's history with respect to: maintenance of the'property; compliance with existing lease terms; prompt rent a}iients; and a rental return consistent with maximizing the property's full potential_. The lessee must propose:c in vestment t t:: will increase the value or the useful life of the leasehold t provemen ,by an ar ount more than can be reasonably amortized over the remaining lease tetra; is notnOt recurring in nature; and is at least ten percent (10%) or more off' the value of the exiting'' improvements. It specifically should exclude expendies to correct deferred Maintenance and expenditures for repairs to keep the tot; existing amp vements in good condition. The length of any extended lease term shall be calculated bysame method used for calculating the length of new leases. S. City's Interest in Leas hold Improvements City lease agreemerlisprovide the City the right to assume ownership of the leasehold improvements at the end of the lease. The value of the City's interest in the leasehold improvements can be appraised using widely accepted appraisal methods. In the event the City grants a lessee a lease extension, the City shall be compensated by an amount equal to the change in present value attributable to the deferral of its interest in the leasehold improvements. This amount either can be paid as an upfront payment at the beginning of the extended terra or amortized over time with appropriate interest applied. The City shall offset from the value of its interest in the leasehold improvements any increased economic benefit derived from an extended lease. The City shall not receive any Page 11 of 12 TITLE: Management of Real Property POLICY # 901 (Sale, Lease, Rental, Surplus) ADOPTED: June 19, 1984 AMENDED: compensation for its interest in the leasehold improvements on leases extended prior to the last twenty percent (20%) of the existing term. T. Security Deposits The standard security deposit for a new lease agreement shall be equivalent to three (3) month's rent. The security deposit may take the form of cash. an instrument of credit or a faithful performance bond. For a lessee making • a substantial investment in improvements, the security deposit will be refunded upon completion of the improvements. U. Transaction Processing Fees The City may charge a transaction processing fee in accbrdance with the Schedule of Fees. The fee may be waived for transactions that provide benefit to the City. Related Policy References Government Codes: 37350 and 37380 Government Codes: 54200 52, 54235-54237 Prior P.o fey Ame August 14, 1990 Page 12 of 12 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Street Tree Removal and Replacement POLICY #902 ADOPTED: September 1983 AMENDED: November 13, 1990 Purpose To establish guidelines for the removal, relocation or planting of trees on public property within National City. Policy The Street Tree and Parkway Committee was authorized by a resolution of the City Council in 1971, which gave the committee jurisdiction over all questions of the removal and/or relocation of trees on public property. Commercial property owners must pay City labor and equipment costs for tree removals, $40 for the purchase and installation of 15 gallon trees that are approved by the City. Residential homeowners will only pay $15 for the planting of each tree approved by the City. Tree planting requests at commercial and residential locations that do not require removals may be approved by the Director of Parks and Recreation. Costs will be $40 per tree for commercial; $15 per tree for residential. All funds received will go into a Tree Fund for purchasing trees. No tree shall be removed from,relocated to or planted in public property without prior approval of the committee, except in emergencies when the City Manager shall have authority to have trees removed, Property owners desiring a tree removal must submit a letter to the committee outlining reasons for the removal. Trees will not be removed because theydrop leaves or other,debris or because they cause small cracks in curbs, gutter or sidewallesri Grounds "for removal include trees damaging sewers or causing large cracks in the curbs, gutters or sidewalk to such an extent that they become safety risks or have the potential to cause future dairge. All tree replacements/plantings will be allowed in parkways that are a ci*mum of 48" in width. If the committee determines the parkway is too narrow for a treg, and if there is adequate room in the front yard, the homeowner can purchase a tree for $154ril.the City, which will be delivered to the home and be planted by the owner in their front yard. The committee will take action on each request and forward their recommendations to the City Council for final action and appropriate fees charged. Unless replacement is deemed impractical, the property owner then has the choice to suitable trees for replacement, which the City then orders and plants. When feasible, trees will be transplanted rather than destroyed, as determined by the Parks & Recreation Director and committee. Related Policy References - National City Municipal Code, Ch. 13.18 Page 1 of 2 City of National City Parks & Recreation Department 140 E. 12th St. National City, CA 92050-3312 Phone: (619) 336-4290 HOURLY LABOR COSTS Tree Trimmer Assistant Tree Trimmer Park Caretaker I HOURLY EQUIPMENT COST $13.51 $12.34 $11.42 Asplundh aerial tower $30 Chipper & chipper truck $30 " Chain saw $5 Stump chipper $15 Tractor $18 Dump truck $18" These costs are as of November l 1990. They will be updated as salaries increase and overhead costs ncrei Page 2 of 2 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Street Tree Removal and Replacement POLICY #902 ADOPTED: September 1983_ AMENDED: Purpose To establish guidelines for the removal, relocation or planting of trees on public property within the city limits of National City. Policy JVo tree shall be removed from, relocated to, or planted pp public property without prior approval of the City Engineer/Public Works Director except in emergencies when the City Manager shall have authority to have trees removed. Property owners desiring a tree removal or replacement, must submit a letter to the Parks Superintendent, outlining the reasons, Trees will not be removed because they drop leaves or other debris, or because they cause small cracks in curbs, gutter or sidewalks. Grounds for removal include are not limited to frees that damages sewer laterals• or cause. large cracks, buckling or offsets in the curbs, gutters or sidewalks to such an extent that they become safety risks or have the potential to cause future damage. Deleted: Deleted: November 13, 1990 11 . Deleted: The Street Tree and Parkway Committee was authorized by a resolution of the City Council in 1971, which gave the committee jurisdiction over all questions of the removal and,/or relocation of trees on public property. Commercial property owners must pay City labor and equipment costs for tree removals, $40 for the purchase and installation of 15 gallon trees that are approved by the City- Residential homeowners will only pay $15 for the planting of each tree approved by the City. Tree planting requests at commercial and residential locations that do not require removals may be approved by the Director of Parks and Recreation. Costs will he $40 per tree for commercial; $15 per tree for residential. All funds received will go into a Tree Fund for purchasing trees. 1I Deleted: i {Deleted: committee, Deleted: committee 'j Deleted: for the removal All tree replacements/plantings will be allowed in parkways that are a minimum of 48" in width. If the Parks Superintendent, determines the parkway is too narrow for a tree, and if there is adequate room in the front yard, the homeowner may purchase a tree from the City. The City will ,deliver the tree, to the home, and the homeowner will be responsible for planting it „in their front yard. The City Engineer/Public Works Director, or designee will take action on each request_ Unless replacement is deemed impractical, the property owner may choose_a replacement tree (from those deemed suitable by the City), ,which the City will provide, and plants When feasible, trees will be transplanted rather than destroyed, as determined by the Parks Superintendent, Commercial property owners must pay City labor and equipment costs for tree removals, and for the purchase and installation of City -approved 15 gallon trees. Residential homeowners will only pay for the planting of a City -approved tree in a parkway. Tree planting requests at commercial and residential locations (parkways) that do not require removal of an existing tree, }nay be approved by the City Engineer/Public Works Director, or designee. Page 1 of 2 " Deleted: ing Deleted: sewers l Deleted: ing ( l Deleted: in the curbs, 1 tDeleted: comnittee ( l Deleted: can Deleted: for$15 Deleted: , which Deleted: be t Deleted: ed Deleted: and be planted by the owner Deleted: and forward their recommendations to the City Council for final action and appropriate fees charged. Deleted: then has the choice to suitable trees for replacement, 1 Deleted: then orders Deleted: s Deleted: arks & Recreation Director and committee Deleted: s Costs and fees are determined by the City's Fee Schedule, and current labor rates. Information regarding a list of approved trees and various tree -related fees may be found on the City's website, under the Public Works Department, in the section on Parks!Tree Trimming. Fees are payable to the City's Finance Department. All funds received will go into a Tree Fund for purchasing trees. Related Policy References National City Municipal Code, Chapter13.18 City Fee Schedule City Website: Public Works, section called "Parks/Tree Trimming" Prior Policy Amendments November 13, 1990 Page 2 of 2 Deleted: - -Deleted:. - Deleted:1 City of National city' Parks & Recreation Department¶ 140 E. 12th St. National City, CA 92050-33121 Phone: (619) 336-42901 11 ¶ HOURLY LABOR COSTS¶ 1i Tree Trimmer _ _ _ _ $13.511 Assistant Trce Trimmer _ - $12.341 Park Caretaker 1 $11.421 11 HOURLY EQUIPMENT COST11 11 Asplundh aerial tower ... $301 Chipper & chipper truck. - $301 Chain saw _ ... $51 Stump chipper _ _ _ $151 Tractor $181 Dump truck . . . . $181 11 These costs are as of November 1, They will be updated as salaries inch and overhead costs increase.11 11 11 11 11 11 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Street Tree Removal and Replacement POLICY #902 ADOPTED: September 1983 AMENDED: Purpose To establish guidelines for the removal, relocation or planting within the city limits of National City. trees on public property Policy No tree shall be removed from, relocated to, or planted on public property without prior approval of the City Engineer/Public Works Director except in emergencies when the City Manager shall have authority to have trees removed. Property owners desiring a tree removal or replacement, must submit a letter to the Parks Superintendent, outlining the reasons. Trees will not be removed because they drop leaves or other debris, or because they cause small cracks in curbs, gutter or sidewalks. Grounds for removal include, but are not limited to trees that damage sewer laterals; or cause large cracks, buckling or offsets in the curbs, gutters or sidewalks to such an extent that they become safety risks or have the potential to cause future damage.' All tree replacements/plantings will be allowed in parkways that are a minimum of 48" in width. If the Parks Superintendent determines the parkway is too narrow for a tree, and if there is adequate room in the front yard, the homeowner may purchase a tree from the City. The City will deliver the tree to the home, and the homeowner will be responsible for planting it in their front yard. The City 'Engineer/Public "Works `Director, or designee will take action on each request. Unless replacement is deemed impractical, the property owner may choose a replacement tree (from those deemed suitable by the City), which the City will provide and plant. When feasible, trees will be transplanted rather than destroyed, as determined by the Parks Superintendent. Commercial property owners must pay City labor and equipment costs for tree removals, and for the purchase and installation of City -approved 15 gallon trees. Residential homeowners will only pay for the planting of a City -approved tree in a parkway. Tree planting requests at commercial and residential locations (parkways) that do not require removal of an existing tree, may be approved by the City Engineer/Public Works Director, or designee. Page 1 of 2 TITLE: Street Tree Removal and Replacement POLICY #902 ADOPTED: September 1983 AMENDED: Costs and fees are determined by the City's Fee Schedule, and current labor rates. Information regarding a list of approved trees and various tree -related fees may be found on the City's website, under the Public Works Department, in the section on Parks/Tree Trimming. Fees are payable to the City's Finance Department. All funds received will go into a Tree Fund for purchasing trees. Related Policy References National City Municipal Code, Chapter 13.18 City Fee Schedule City Website: Public Works, section called "Parks/Tree Trimming" Prior Policy Amendments November 13, 1990 Page 2 of 2 Council Policy "Working Draft" Review Form Policy Number: Primary Department: Questions for Department: Comments/Sumestions: