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HomeMy WebLinkAbout02-16-16 CC CDC HA Agenda PacketAGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY CALIFORNIA NATIONAL CI S INCORPORATED RON MORRISON Mayor JERRY CANO Vice Mayor ALBERT MENDIVIL Councilmember MONA RIOS Councilmember ALEJANDRA SOTELO-SOLIS Councilmember 1243 National City Blvd. National City 619-336-4240 Meeting agendas and minutes available on web WWW.NATIONALCITYCA. GOV COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA TUESDAY, FEBRUARY 16, 2016 - 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. CONSENT CALENDAR: Consent calendar items involve matters which are of a routine or noncontroversial nature. All consent items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of CC/CDC-HA Agenda 2/16/2016 — Page 2 the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Elected Body Meetings. Audio headphones are available in the lobby at the beginning of the meeting. Audio interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. COUNCIL REQUESTS THAT ALL CELL PHONES AND PAGERS BE TURNED OFF DURING CITY COUNCIL MEETINGS. CC/CDC-HA Agenda 2/16/2016 — Page 3 OPEN TO THE PUBLIC A. CITY COUNCIL CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG PUBLIC COMMENTS (THREE -MINUTE TIME LIMIT) PROCLAMATIONS AWARDS AND RECOGNITIONS PRESENTATIONS 1. Implementing San Diego Forward: The Regional Plan and the potential for a new regional funding source - San Diego Association of Governments (SANDAG) - Charles "Muggs" Stoll - Director of Land Use and Transportation Planning. INTERVIEWS / APPOINTMENTS CONSENT CALENDAR 2. Motion of the City Council of the City of National City approving the waiving of the reading of the text of the Ordinances considered at this meeting and providing that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 3. Approval of the Minutes of the Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City of January 5, 2016. (City Clerk) 4. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Rady Children's Hospital -San Diego for a three-year term and a not -to -exceed amount of $300,000 to provide on -call support services for National City's Safe Routes to School Program. (Engineering/Public Works) 5. Resolution of the City Council of the City of National City authorizing the Mayor to enter into an Agreement with the Sweetwater Union High School District for partial funding of the School Resource Officer Program. The City of National City will be reimbursed $84,000 for FY2016 and $84,000 CC/CDC-HA Agenda 2/16/2016 - Page 4 for FY2017 by the Sweetwater Union High School District, for a two-year total of $168,000 for Police School Resource Officer Services. (Police) 6. Resolution of the City Council of the City of National City authorizing the Mayor to execute a second amendment to the software maintenance agreement with Northrop Grumman Systems Corporation amending the December 1, 2017 agreement expiration date contained in the First Amendment to February 29, 2016 and reducing the not -to -exceed amount for this revised term to $12,765.00. (MIS) 7. Resolution of the City Council of the City of National City waiving the bid process pursuant to section 2.60.110(B) of the National City Municipal Code and authorizing the Mayor to execute a one year software maintenance agreement with Cohero in the total not -to -exceed amount of $104,000 to support the Northrop Grumman Law Enforcement Records Management System. (MIS) 8. Temporary Use Permit - National City Host Lions Club 71 st Annual Independence Day Carnival sponsored by the National City Host Lions Club at Kimball Park from June 30, 2016 to July 4, 2016. This is a City co- sponsored event per Council Policy No. 804. (Neighborhood Services) 9. Investment Report for the quarter ended December 31, 2015. (Finance) 10. National City Sales Tax Update Newsletter - Third Quarter 2015 (Finance) 11. Warrant Register #26 for the period of 12/23/15 through 12/29/15 in the amount of $0.00. (Finance) 12. Warrant Register #27 for the period of 12/30/15 through 01/05/16 in the amount of $2,159,182.21. (Finance) 13. Warrant Register #28 for the period of 01/06/16 through 01/12/16 in the amount of $956,417.65. (Finance) PUBLIC HEARINGS 14. Public Hearing - Conditional Use Permit for a wireless communications facility at 1320 Highland Avenue. (Applicant: Verizon Wireless) (Case File 2015-24 CUP) (Planning) ORDINANCES FOR INTRODUCTION 15. An Ordinance of the City Council of the City of National City amending Titles 7 and 11 of the National City Municipal Code pertaining to recreational vehicles. (Neighborhood Services) ORDINANCES FOR ADOPTION CC/CDC-HA Agenda 2/16/2016 - Page 5 NON CONSENT RESOLUTIONS NEW BUSINESS 16. Temporary Use Permit - "Ragnar Relay SoCal 2016" running relay race sponsored by Ragnar Events LLC in partnership with the Orange County Child Abuse Prevention Center on April 2, 2016 from 9 a.m. to 6 p.m. with no waiver of fees. (Neighborhood Services) 17. Temporary Use Permit - The Campagnolo GranFondo San Diego sponsored by GranFondo Cycling Tours on April 10, 2016 from 7:15 a.m. to 5 p.m. with no waiver of fees. (Neighborhood Services) 18. Seeking City Council direction and request authorization to begin negotiating terms with Southwestern College for a National City Aquatic Center Operating Agreement. (Community Services) 19. Proposal from the Miss National City Alumni to produce and manage Miss National City Pageant. (Community Services) B. COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY PUBLIC HEARINGS- HOUSING AUTHORITY CONSENT RESOLUTIONS- HOUSING AUTHORITY NON CONSENT RESOLUTIONS- HOUSING AUTHORITY NEW BUSINESS- HOUSING AUTHORITY C. REPORTS STAFF REPORTS 20. PRESENTATION: 2015 Legislative Update (City Attorney) MAYOR AND CITY COUNCIL CLOSED SESSION REPORT ADJOURNMENT Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday - March 1, 2016 - 6:00 p.m. - Council Chambers - National City, California. CC/CDC-HA Agenda 2/16/2016 — Page 6 The following page(s) contain the backup material for Agenda Item: Implementing San Diego Forward: The Regional Plan and the potential for a new regional funding source - San Diego Association of Governments (SANDAG) - Charles "Muggs" Stoll - Director of Land Use and Transportation Planning (4NDAG t v.0% 1 OW *4 • 4** San Diego ;7 F'ORWARD.' •� The Regional Plan National City — City Council Meeting February 16, 2016 Charles "Muggs" Stoll — Director of Land Use and Transportation Planning Looking Forward • San Diego Forward: The Regional Plan — Unanimously adopted in October 2015 — $204 billion investment — Creates more transportation choices — Fuels economy and protects environment — Provides projects and programs throughout the region • TransNet is key to our success • Regional Plan also depends on new local funding • SANDAG is exploring options for potential ballot measure ��AAIAiAG 2 •, PORV�AR D ;7 L I •. 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M' POOR RD' 1999 Prior Regional Growth Forecast (Series 9, 1999) Current Regional Growth Forecast (Series 13, 2014) Open Space New Housing Total Housing Open Space Planned for Preservation Multi - Family Available for Development Single Family Multi - Family Single Family Planned for Preservation 2015 New Housing Total Housing Mufti - Family Available for Development Single Family Single Family ow San Diego_ .r1I.• • �'" FOR' r •. rx 'c Jc-.aar. 5 2050: $101 Billion in More Transit Choices • Five new Trolley lines • 32 new Rapid routes • SPRINTER express service and extension • Continued COASTER double -tracking • Four new streetcar lines • Three new intermodal transit centers ~r `�1 eon Diego FORWARD `° Oceanside Encinitas 2050 Population and Employment Densities with Transit Network April 2015 Transit: Rail, Rapid Transit: Peak Service Trarnit: Local Bus • Intermadal Trent Center • Population Density J dar = t00 people Employment Density 7 dot . 100 people Ct3AAlIDAG -o Tijuana, tI.0 County of San Dreg° • • •T •: al t1NJTED STATE5 ME1t1CO 2050: More Managed Lane Choices • 160 miles of Managed Lanes • Operational improvements • Highway lanes • New HOV and highway connectors • �. ar+,Y ;:r o Oceanside Encinitas 2050 Population and Employment Densities Managed Lane and Highway Network Improvements April 201 S I• Managed or Toll Lanes (4/ Managed or Toll Lanes (2) >• General Purpose Lanes (4) smago.., General Purpose Lanes (2) •••••••• Operational lmprovenwnts Population Density i dot- 100people Employment Density } dot = 700 people 0,16 ;i.r Tijuana, E.0 - • A GwntyofSan Diego •L re 2050: More Biking and Walking Choices • $5 billion investment • 275 miles of bikeways • Additional investments » Safe routes to transit » Safety improvements at highway interchanges » Safe routes to school programs » Local bike and pedestrian projects Oceanside • Encinka 2050 Population and Employment Densities with Bike Network April 2015 Raglanai Bike Plan Network Population DansIty 1 dot 100 people Employment Dtralty • dot— WO rmopie flt ImprIa • . Beach . . • . • eel . • '1.11P` • ;•". •••• a Tijuana, B.C. • County*, 5an Dtego lit 4 t ff. • 1. ":•'• • • • • - • ' re?! uorrEci STATES imEAC0 cD tio c O 0 • O 4—jrc5 _C — U CU (1) CU 4--J L.. c C ttA tan •. r,i 7-1 E co • O ro a O -o c co 1 Regional Plan- Planning for Sustainability • Preserving our environment • Creating vibrant communities • Providing more transportation choices • Addressing climate change UW1 G 1h COLOM M. MIVT Energy and Climate Change Greenhouse Gas Inventory for San Diego Region 2012 Water Supply and Conveyance Off -Road 1% Equipment and Vehicles Wa tewa 3% Wildfire 1°fo Aviation Industrial 4% Processes and Products 4% Solid Waste 5% Heavy -Duty Trucks and Vehicles 5% Other Fuels/ Cogeneration Thermal 6% Natural Gas End Uses 2% Rail <1% Agriculture <1% Marine Vessels <1% Motorcycles <1% Passenger Cars Light -Duty Vehicles 37% Source: Energy Policy initiatives Center (EPIC), August 2015 10 refuel San Diego Regional Alternative Fuel Coordinating Council Regional Energy Strategy City of San Marcos Energy Roadmap 61-f41.1♦♦: S• Ltt, .111 s v•Smi-r) San Dle o � i" -- ORWA�R D ' a*. Regional Plan brings Jobs and increases Gross Regional Product I a Annual Jobs +s3,000 IAnnual GRP +$13 billion DAG 11 14 2kilos+•1 1;,l, is:114 iiii./1411 11111 111410 I, dil'$Iij 14111„ 0.. 1:NI11 /1111 11 frig„ +v a 111 11,11 11 111„ Businesses e• Active Transportation Transit Express/ Car Pool Lanes Highway Rail Freight Suppliers Customers 4r% San Diego►' i FORWARD w South County (fANDAG altV _ls�: i' Son Diego �' osni -. • `- F'4RWARD' �� 2020 Transit Network Coronado 2020 Revenue Constrained Transit Network AprII 2015 COASTER/AMTRA K/Metrol I nk Trolley/SPRINTER Rapid Transit Airport Express Local Bus rnterroodal Transit Center Safe Routes to Transit 13 Nationa City Imperial Beach (-p) Tijuana, B.C. mon G ove Vista Chula V San Diego 2050 Transit Network Coronado 2050 Revenue Constrained Transit Network April 2015 High Speed Rail COASTERMMT RAKJMetrol Ink Troliey/5PR1nlTER Raped Transtt Streetcar/Shuttle Airport Express Local Bus • Intermodal Translt Center Safe Routes to Transit 11 [°11 A , iregAl 14: Nationa City Imperial Beach mrsamws- AilraW I kl MFSIC -D) Tijuana, B.C. Q emon Grove 1,-^./ 805 ula Vista ��a ista San Diego • 905 m I2020 ML and Highway Network I Coronado 2020 Revenue Constrained Managed Lanes and Highway Network April 2015 Existing Managed Lanes Managed Lanes Toll Lanes Existing Facility C a Conventional Highway F. Freeway ML = Managed Lanes T = Tall Lanes 15 Nationa City r!D: iw San DIe o ��'•� FORWARD' Ll 2050 ML and Highway Network 2050 Revenue Constrained Managed Lanes and Highway Network April 2015 Existing Managed Lanes Managed Lanes General Purpose Lanes Toll Lanes ■ Operational Improvements Existing Facility • Mil Connectors Q Bicycle/Pedestrian Improvements at Freeway Interchanges C = Conventional Highway F. Freeway ML= Managed Lanes T- Toll Road OPS = Operational Improvements 16 8F+OPS Coronado 8F+ 2ML 6F+ gip non 11141 4ML _— 2ML ! • • r "''' Grove a 8F/10F +2ML Nation City • • . Imperial Beach 8F+2ML 8F+ 4ML 8F+ 2M1 6F 6C 4C 6F+2ML a $F 6F+2ML a 8F+2ML 8F+ !Chula 2ML Vista 8F+ 2ML E%Ct71 (1-o) Tiivana R_C San Diego 6F c:1704T MEXICO 0 08F O O :•1. ►t FO San Diego D'�, ' 1 TransNet is a Key to Success • TransNet supports the program • Through TransNet and TransNet Extension, more than 650 projects have been completed: • Highway, transit, bike and pedestrian, habitat conservation, local street and road improvements, and grant projects and programs • $3.3 billion in TransNet funds have been used to attract more than $1O billion from state, federal, and other funding sources Promises Made, Promises Kept TRANSNETKEEPS 5AN DIEGO MOVING Overview San Diego's regional transportation network is a comprehensive system that relies on several individual pieces for the best transportation chokes. Thanks to funding from TransNei numerous highway, bus, and rall projects, as well as bike and pedestrian projects, local street repairs, habitat conservation efforts, and grant programs have been completed or are underway. TransNet is the voter -approved half -cent sales tax administered by fire Sari Diego Association of Governments iSANDAGJ. To date, 53.3 billion rr. Transirler funds have beer? leveraged with more than S10 billion Iran federal, state, and iocal funding sources to deliver more than 650 projects throughout the San Diego regtbri. A Highways Transit Bikeways oral Streets Environment Grants (.orp: 13.cc Oce.tn $i ,:l • .irl° I Carchrf I•.• the Sc. '•.'allm, µnk'r _ C�.t1�I1Cli Or, Al API ' T= ,.�; t" 1, Every ttme you shop, dine, or play in San Diego County, your tax dollars , r i' J is contribute to keeping San Diego moving. We invite you to take a moment to learn what Tr nsNethas accomplished for our region and in your local community by exploring the tabs in this story map. With your support, TransNetdelivered on promises made to voters. In addition, we've been able to leverage TransNetdollars to obtain federal and state funds and complete protects ahead of schedule. L_i .i• , r< �Il u ..0gas In general, every billion dollars in expenditures is estimated to create 12,000 jobs directly and .Indirectly. TransNetkept projects moving in the San Diego region, even during the depths of the Great Recession. In recent years, SANDAL and our partner agencies were able to capitalize on lower construction and financing costs to advance projects and save taxpayer money. These construction projects help fuel our regional economy. In the coming decades, TransNetwill continue to finance major initiatives to preserve and enhance this regiorYs quality of life, including extending the San Diego Trolley to the University City area of San Diego, expanding the Rapldtranslt network, and building more than 40 bike projects throughout the region. For more information on TransNetfunded projects, visit KeepSanDiegoMoving_com. Al) Highways 'erf• `) Transit Bikeways r r iota! Streets OEnvironment Grants ta •Tju na • ,, • 1 46 Potential Ballot Measure • Regional Plan depends on new funding source • SANDAG Board is considering a ballot measure • Expenditure plan could include: — Projects and programs from the Regional Plan — Advancing projects to earlier phases — Local projects — Water quality projects — Habitat preservation — Other? 1 Expenditure Plan Outreach e!): Telephone Town Hall Meetings Large-scale regional conference calls on January 26, 27, 28 and in Spanish on February 1 Online Priorities Survey Quick online survey of priority categories (highway, transit, active transportation, habitat conservation, water quality, city projects, or other ideas) Public Meetings Public comment welcome at Board, Transportation, and Regional Planning Committee meetings on February 5 and 12, March 10 and 25, April 8 Visit sandag.org/priorities to (earn more 1 e Next Steps • Presentations • SANDAG Board and Committee discussions • February 5 — Transportation and Regional Planning Committees • February 12 — Board of Directors meeting • March 10 — Board of Directors Retreat • March 25 — Board of Directors meeting • April 8 — Board of Directors meeting (jIDAG sdforward.com 22 4•11 fro ref*91i• �. San Diego �►' , FORWARD.' �� 1\ The Regional Plan CC/CDC-HA Agenda 2/16/2016 — Page 29 The following page(s) contain the backup material for Agenda Item: Motion of the City Council of the City of National City approving the waiving of the reading of the text of the Ordinances considered at this meeting and providing that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) ITEM # 2-16-16 MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE WAIVING OF THE READING OF THE TEXT OF THE ORDINANCES CONSIDERED AT THIS MEETING AND PROVIDING THAT SUCH ORDINANCES SHALL BE INTRODUCED AND/OR ADOPTED AFTER A READING OF THE TITLE ONLY. (CITY CLERK) CC/CDC-HA Agenda 2/16/2016 — Page 31 The following page(s) contain the backup material for Agenda Item: Approval of the Minutes of the Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City of January 5, 2016. (City Clerk) Item # 02/16/16 APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF JANUARY 5, 2016. (City Clerk) Book 98 / Page 1 01-05-2016 DRAFT DRAFT DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY January 5, 2016 The Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City was called to order at 6:09 p.m. by Mayor / Chairman Ron Morrison. ROLL CALL Council / Board members present: Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Administrative Officials present: Dalla, Deese, Duong, Parra, Raulston, Rodriguez, Silva, Stevenson, Vergara, Williams, Ybarra. Others present: Student Representative Reah Sahagun. PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON PUBLIC COMMENTS None. CITY COUNCIL CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 1 (NCMC). Motion by Rios, seconded by Mendivil, to approve the Consent Calendar. Carried by unanimous vote. MUNICIPAL CODE 2016 (506-2-31) 1. MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE WAIVING OF THE READING OF THE TEXT OF THE ORDINANCES CONSIDERED AT THIS MEETING AND PROVIDING THAT SUCH ORDINANCES SHALL BE INTRODUCED AND/OR ADOPTED AFTER A READING OF THE TITLE ONLY. (City Clerk) ACTION: Approved. See above. Book 98 / Page 2 01-05-2016 Item No. 5 was taken up next. NEW BUSINESS CONDITIONAL USE PERMITS 2016 (403-31-1) 5. Notice of Decision — Planning Commission approval of a Conditional Use Permit for an indoor recreation use to be located at 2602 Transportation Avenue. (Applicant: Jason Richard) (Case File 2015-27 CUP) (Planning) RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. TESTIMONY: None. ACTION: Motion by Rios, seconded by Cano, to file the Notice of Decision. Carried by unanimous vote. PUBLIC HEARINGS MUNICIPAL CODE 2016 (506-2-31) 2. City Council consideration of the recommendation by the City of National City Planning Commission that the City Council adopt an Ordinance to amend Title 18 (Zoning) adding section 18.30.345 to regulate the cultivation of medical marijuana and to not adopt an Ordinance to amend Title 18 (Zoning) adding section 18.30.345 to prohibit the cultivation of medical marijuana; City Council may approve, modify or disapprove the recommendation of the Planning Commission; both Ordinances previously before the Planning Commission (regulation and prohibition) may be considered by the City Council at this public hearing. (Applicant City - Initiated) (Case File 2015-07 A) (Planning) RECOMMENDATION: Disapprove the recommendation of the Planning Commission and introduce an Ordinance prohibiting cultivation. Recommend approval of an Amendment prohibiting marijuana cultivation of marijuana. Staff Report and presentation by Principal Planner Martin Reeder. (Copy on file in the Office of the City Clerk) TESTIMONY: Cynard Velazquez, Association of Canabis Professionals, spoke in support of cultivation. Judi Strang, National City, spoke in support of prohibiting the cultivation of marijuana. Carol Green, Chula Vista, spoke in support of prohibiting the cultivation of marijuana. Richard Hodge, National City, spoke in support of prohibiting the cultivation of marijuana. Barbara Gordon, San Diego, spoke in support of prohibiting the cultivation of marijuana. Scott Chipman, San Diegans for Safe Neighborhoods, spoke in support of prohibiting the cultivation of marijuana. Kathleen Lippitt, San Diego, spoke in support of prohibiting the cultivation of marijuana. Book 98 / Page 3 01-05-2016 PUBLIC HEARINGS (cont.) MUNICIPAL CODE 2016 (506-2-31) 2. City Council consideration of the recommendation by the City of National City Planning Commission that the City Council adopt an Ordinance to amend Title 18 (Zoning) adding section 18.30.345 to regulate the cultivation of medical marijuana (continued). ACTION: Motion by Sotelo-Solis, seconded by Cano, to close the hearing. Carried by unanimous vote. Motion by Sotelo-Solis, seconded by Rios, to approve Option #1 of the staff report to: "Disapprove the Planning Commission recommendation and introduce an Ordinance adding Section 18.30.345 to the Land Use Code, to prohibit the cultivation of medical marijuana, based on the attached findings for disapproval." Motion Carried by unanimous vote. ORDINANCES FOR INTRODUCTION MUNICIPAL CODE 2016 (506-2-31) 3. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING SECTION 18.30.345 OF THE NATIONAL CITY MUNICIPAL CODE TO PROHIBIT CULTIVATION OF MARIJUANA. (Applicant: City -Initiated) (Case File 2015-25 A) (Planning) ACTION: The Ordinance was introduced by title only. MUNICIPAL CODE 2016 (506-2-31) 4. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING SECTION 18.30.345 OF THE NATIONAL CITY MUNICIPAL CODE TO REGULATE THE CULTIVATION OF MARIJUANA FOR QUALIFIED PATIENTS AND PRIMARY CAREGIVERS. (Applicant: City -Initiated) (Case File 2015-25 A) (Planning) ACTION: The Ordinance was not introduced. NEW BUSINESS CONDITIONAL USE PERMITS 2016 (403-31-1) 5. Notice of Decision — Planning Commission approval of a Conditional Use Permit for an indoor recreation use to be located at 2602 Transportation Avenue. (Applicant: Jason Richard) (Case File 2015-27 CUP) (Planning) ACTION: Item taken up earlier in the meeting. See above. COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY NO AGENDA ITEMS Book 98 / Page 4 01-05-2016 STAFF REPORTS Staff reported on the current rain and flood emergency and on various actions being taken. MAYOR AND CITY COUNCIL None. CLOSED SESSION REPORT City Attorney Claudia Silva stated there was no Closed Session. ADJOURNMENT Motion by Sotelo-Solis, seconded by Rios, to adjourn the meeting to the next Regular Meeting of the City Council and Community Development Commission — Housinq Authority of the City of National City to be held Tuesday, January 19, 2016 at 6:00 p.m. at the Council Chambers, National City, California. Carried by unanimous vote. The meeting closed at 7:27 p.m. City Clerk The foregoing minutes were approved at the Regular Meeting of February 16, 2016. Mayor CC/CDC-HA Agenda 2/16/2016 — Page 37 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Rady Children's Hospital -San Diego for a three-year term and a not -to -exceed amount of $300,000 to provide on -call support services for National CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: 'February 16, 2016 AGENDA ITEM NO. 1 ITEM TITLE: (Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Rady Children's Hospital -San Diego for a three-year term and a not -to -exceed amount of $300,000 to provide on -call support services for National City's Safe Routes to School Program.' PREPARED BY Stephen Manganiello PHONE: 1336-43621 EXPLANATION: See attached. DEPARTMENT: (Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: �� Finance ACCOUNT NO. I APPROVED: MIS Funds are appropriated in various CIP accounts for FY 2016. Staff anticipates seeking dedicated funding for this Agreement for FY 2017 through the FY 2017 annual budget process. ENVIRONMENTAL REVIEW: NIP ORDINANCE: INTRODUCTION: FINAL ADOPTION: I I STAFF RECOMMENDATION: {Adopt the Resolution executing an Agreement with Rady Children's Xcspi;a!-San Diego for a not -to -exceed amount of $300,000 to provide on -call support services for National City's Safe Routes to School Program. BOARD / RECOMMENDATlit v: 1N/A1 ATTACHMENTS: 1. 'Explanation 2. Agreement 3. Resolution' Explanation On August 11, 2015, the Department of Engineering & Public Works publicly advertised a Request for Qualifications (RFQ) for specialized support services for National City's Safe Rni ites to Srhoe! (SRTS) Program. Three Statements of Qua!ifications (SOQ) were received by the September 3, 2015 deadline. Based on review of the SOQs and subsequent interviews, staff has determined that Rady Children's Hospital — San Diego is most qualified by experience and ability to assist staff with implementation of National City's SRTS Program. This agreement will build upon previous Safe Routes to School efforts to enhance safety along walking routes between schools and feeder neighborhoods, educate students and parents about health and traffic safety, expand the volunteer "Parent Patrol" program, and encourage more students to walk to school. Rady Children's Hospital — San Diego has successfully provided specialized services to assist National City staff with SRTS Program implementation for the past three years under a Federal SRTS grant. Since the grant -funded program is set to expire, staff recommends executing a new agreement with Rady Children's Hospital — San Diego. The agreement would be for a three-year term and a not -to -exceed amount of $300,000. The three year term is needed to allow for refinement and sustainability of site -specific SRTS education, encouragement and evaluation programs for ali ten elementary schools and the surrounding neighborhoods. The agreement will be funded through various C1P accounts, on an as -needed basis. AGREEMENT BY AND BETWEEN TUE CITY OF NATIONAL CITY AND RADA' CFIILDREN'S HOSPITAL — SANDIEGO THIS AGREEMENT is entered into this 16t day of February 2016, by and between the CITY OFNATIONAL CITY, a municipal corporation (the "CITY"), and RADY CHILDREN' S HOSPITAL—SAN DIEGO, a California Non -Profit Public Benefit Corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to assist staff with implementation of National City's Safe Routes to School (SRTS) Program. WHEREAS, on August 11, 2015, the CITY Department of Engineering & Public Works publicly advertised a Request for Qualifications (RFQ) for specialized support services for National City's SRTS Program. WHEREAS, the CONSULTANT submitted a Statement of Qualifications (SOQ) for National City's SRTS Program by the September 3, 2015 deadline. WHEREAS, based on review of the CONSULTANT'S SOQ and subsequent interview, the CITY has determined that the CONSULTANT is a not -for -profit organization as defined under Section 501(c)(3) of the Internal Revenue Code, and through its Center for Healthier Communities, is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULT.2IT , aid t c CONSULTANT +grevJto perform erv1ce�s f-e�rt-t-41h- ere in --- accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. EililECTEVE DATE AND LENGTH OF AGREEMEN`L This Agreement will become effective on February 16, 2016. The duration of this Agreement is for the period of February 16, 2016 through February 15, 2019 ('Initial Term"). With mutual agreement of the parties, this Agreement may be extended for an additional three-year period, through February 15, 2022 ("Extended Term"; collectively the Initial Tern: and Extended Tern: are referred to as the "Tenn"). 3. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A", including, but not limited to, health and safety education; incentive - based walk/bike to school activities; presentations and workshops at parent -teacher meetings and public events; coordination with National City Police Department for recruitment and training of volunteer safety patrols; focus groups, user surveys, evaluation and reporting to determine SITS Program effectiveness; and public safety campaigns. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, of upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 15% from the base amount. 4. PROJECT COORDINATION AND SUPERVISION. StephenManganiello, Director of Public Works / City Engineer hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Cheri Fidler, Director of the Center for Healthier Communities thereby is designated as the Project Director for the CONSULTANT. 5. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed $300,000 (the Base amount) during the Initial Term without prior written authorization from the Project Coordinator. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the Project Coordinator. The CONSUL.TA N"! shall maintain ail books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at ail reasonable time:-; E1uiiug the Term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 6. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a repoit which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 2 City of National City and Rady Children's hospital — San Diego 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be +lamed over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement ("Work Product"), except upon the CITY' S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. Notwithstanding the foregoing, CONSULTANT retains all right, title and interest (including copyright) in intellectual property developed by CONSULTANT prior to this Agreement or outside the scope of this Agreement. CITY may use the copyrighted materials under a royalty -free license during the Term of this Agreement. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S written Work Product for the CITY'S purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CON TRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONS' ':LT N' 1. nor the 'CONSLR' .TANT' S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not iimitcd to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the perso-nai services of the CONSULTANT and the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CON Siji:iANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT maydeem necessary for the proper and efficient performance of this Agreement. Ali agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 3 City of National City and Rady Children's Hospital -- San Diego 9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees, except as herein set forth, and the CONSULTANT or the CONSULTANT'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, it being understood that the CONSULTANT its agents, servants, and employees are as to the CITY a wholly independent CONSULTANT, and that the CONSULTANT'S obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, inthe performance of the services to be provided herein, shall comply with ail applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANTI' and each of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the Term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or aL CONSULTANT'S �+ professional pert' rn-� ce e litigation proceedings :.�r�;,e:,�:g the ��.°� �-%:..Li:�.. L :: ;: �.,.,s-io�:.�:. r: o- n•_:. the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perfonrl., within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT leas not fad the CJTY otherwise, the CONST TLTANT warrants that all products, materials, processes or treatments ides tifie:i in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shalinot discriminate against any employee or applicant for employment because of age, race, color, 4 City of National City and Rady Children's Hospital • Sall Diego ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, er medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY except as needed to its own auditors, accountants and consultants for its internal operations or as required by law. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons; and all claims, demands, suites, actions, ,proceedings, reasonable attorneys' fees, and defense costs, of any lend or nature, including workers' compensation claims, of or by anyone whomsoever, result ng from or arishag out of the CONSULTANT.' S performance or other obligations under this Agreement; provided, however, that this indennnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers, or employees. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the Term of this Agreement. 5 City of National City and Rady Children's Hospital San Diego 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the Term of this Agreement, the following checked insurance policies: A. ❑ If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of $2,000,000 per occurrence and $4,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall be provided. D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSTJLTANTT' S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commenrarapnt of work under this Agreement If CONSULTANT has no employees subject to the California Workers' Compensation and La.hor laws, CONSULTANT shall execute a Declaration to that effedt. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers,, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall pfovide for thirty (30) days prior t notice wrl n notito the L.1T' { of cancellation or material change. F. If required insurance coverage is provided on a "claims made" ratter than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the Term (and any extensions) of this Agreement. In addition, the "reiro" date must be on or before the date of this .Agreement. G. Insurance shall be written with only California admitted companies that hold a current policy holder's alphabetic and fmancial size category rating of not less than A 6 City of National City and Fad,/ Children's Hospital — San Diego VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is provided by non - admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) a„d otherwise meet rating requirements. ti. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the Term of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement an.ri terminate the Agreement as provided heroin. I. All deductibles and self -insured retentions in excess of $50,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbiiraiiun, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONST Ti .TANi. shall perform all services in a.,.,ofclance with this t?grit? acnt. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, 7 City of National City and Rady Children's Hospital — San Diego whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by°she CONSULTANT'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization or change in business status of the CONSULTANT that materially effects CONSULTANT's financial strength. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day of the first attempted delivery following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent and confirmation of transmission is received. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Stephen Manganiello Director of Public Works / City Engineer Engineering & Public Works Department City of National City 1243 National City Boulevard National City, CA 9 1 950-430 i To CONSULTANT: Cheri Fidler Director Rady Children'. Hospital -Span Diego Center for Healthier Communities 3020 Children's Way, MC 5073 San Diego, CA 92123 With copy to: Rady Children's Hospital -San Diego 3020 Children's Way, MC 5052 San Diego, CA 92123 8 City of National City and Rady Children's Hospital — San Diego Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communieation sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the Term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically; the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the CONSULTANT. 23. PREYA>iLING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. MISCELLANEOUS ROvrSFON S. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this 9 City of National City and Rady Children's Hospital — San Diego Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto; to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto arc hereby incorporated herein by this referent for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. < signatures on next page > 10 City of National City and Rady Children's Hospital — San Diego IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY RADY CHILD ; HOSPITAL -- SAN DIEGO / By: By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Donald K , MD 1\0/1M President an (` .0 Date: N"F By: Bar ara Ryan (2a/144 V.P. of Government Affairs Date: a_ q- !% 11 City of National City and Rally Children's Hospital — San Diego EXHIBIT "A" Scope of Work National City Safe Routes to School Program February 2016 through February 2019 Activity Timeline Deliverable Quantity I Evaluation- Pre — Participation Parent Surveys Distribute , Collect and 1 i Analyze a "Pre" participation Survey to Parents at all 10 Schools within 8 weeks of the start of the program Document detailing the 1 barriers to walking and i biking to school. Document detailing :motivations to walking to biking to school Pre Survey at 10 Schools Evaluation- Post- Participation Parent Surveys Distribute, Collect and Analyze a "Post" participation Survey to Parents at all 10 Schools at the end of the program Document detailing the barriers to walking and biking to school. Document detailing motivations to walking to biking to school. Comparison analysis will be made and a document detailing the change will be produced. Post Survey at 10 Schools Evaluation -Focus Groups Will conduct focus groups within 6 weeks of the start of the school year for first year of program. Outcome Document detailing results of focus groups. 10 Focus Groups Evaluation- Neighborhood Walk Audits Walk Audits performed annually at all 10 schools Walk Audit Reports 30 Walk Audits (each school every year) Education- Educational Presentations Provide 10 presentations per year. Topic to be determined by school administration. Please refer to Menu of Services- Educational Presentations Presentation PowerPoint or outline, sign in sheets Analysis of Pre and Post "rest using Audio Response unit 30 presentations (one presentation per school per year) Encouragement- Walk to School Day Provide technical assistance to all 10 schools for annual Walk to School Day event Flyers promoting event, pictures, testimonials Outline of Program Plan 30 Walk to School Days ( One event per school, per year) Encouragement- Public Safety Campaigns Support City wide Safety and encouragement activities to include National Night Out, National City Carnival, Press Events. School Based campaigns Pictures, flyers, Media As needed 1 EXHIBIT "A" Scope of Work National City Safe Routes to School Program February 2016 through February 2019 Encouragement- School Based Campaigns I Survey School Administration to assess their choice of campaign from the Menu of Services- School Encou ragement Campaigns . Flyers, materials, walking and biking tallies 1 campaign designed for each of the 10 schools Enforcement- Safety Patrol Recruitment, Training and Oversight Provide annual volunteer recruitment, training and oversight at all 10 schools Presentation PowerPoint, Sign-up sheets. Weekly iog of volunteer hours. Submission of incident Reports 30 Safety Patrol Trainings Engineering- Walk Audit Reports and support in use of infrastructure changes Support all proposed or new infrastructure changes with education and encouragement on safe use of new facilities Flyers, educational presentations, media, special events As needed 2 "ot'g CERTIFICATE OF LIABILITY " r INSURANCE DATE(MMJaDJYYYY) 12/3/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OP INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING !NSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endoreentent(s). PRODUCER Children's Hospital Insurance Limited Swan Building, 26 Victoria Street P.O. Box HM 2000 Hamilton, Bermuda HM HX CONTACT NAME: Dolores Krieger PHONE I FAX WC, No, Err). (818) 539-1437 I we. Nap: (818) 539.1737 E-MAIL ADDRESS; INSURER(S) AFFORDING COVERAGE NAIC 1F COMPANY A: Children's Hospital Ins. Ltd. INSURED Rady Children's Hospital and Health Center, et al 3020 Children's Way, MC 5052 Sir Diego, CA 9212 ;-4232 I C0MPARY R. cPANY c: COMPANY D; COMPANY E; COMPANY F; visloe NUMBER• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR TYPEOFINSURANCE ADDL SUER POLICY EFF POLICY EXP LTR 1NSR WI/LiPOLICY NUMBER (MMIDDJYYYY) (MMSDIYYYY) LIMITS A GENERAL _ .... X X*XJ X LIABILITY OOMMERCIALGENERALLIABILITY CLAIMS MADE 1,,,,_„{OCCUR MASTER RETRODATE 10/1I84 CHL1015-16 07/01/15 07/01/16 EACH OCCURRENCE "6AIAAG ' Sli a"" . __ PREMISES{ Ea oecurrer�cej_.__,1,00010ii0 _MEP WADY one eraonL,._,,..,$-____ PERSONAL & ADV $ 1,00,000 0_. _...-- --..__ $1,000,000--_ _ ,M INJURY GENERAL AGGREGATE. 6 0001000 ,_, ____ $ - $ GEMLAGGREGATE LIMfTAPPLIES PER: _ POLICY I 1 JECTJ I LOC • _ ,_ __,t PRODUCTS-COMP/OP AGG , AUTOMOBILE [ — LIABILITY ANY AUTO ALL OWNED AUTOS j-i SCHEDULED I AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) $ $ - - ---- •- •- $ HIRED AUTOS ,w NON -OWNED AUTOS IF(S€'EFi YDAMAGE leer accident) $ $ x UMBRELLA LIAB EXCESS LIAR_ DED 1 1rRETENTION..$ _.I OCCUR X CLAIMS MADE . CH1.2016-16 07/01/15 07/01/16 EACH OOCURiiENCE AGGREGATE $ s ODO,O00 $ 5 000000 $ WORKERS COMPENSATION AND EMPLOYER$' LIABILITY YJN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NI-1) If yes, describe under DESCRIPTION OF OPERATIONS below N NfA E L. E.L. E.L. WC STATU- TORY LIMITS__ ..- - EACH ACCIDENT �lSEASE—EA RAP-0)TE DISEASE •- POLICY -.. LIMIT OTH- ER----. _ S_._. _ _,._.__......Y. t $ ..,._ �.. _ _.._.,.,__ •,_ • .-.- •-.-._..._.... ... $ A HOSPITAL PROFESSIONAL LIABILITY (CLAIMS a JIMSMADE)MASTERRETRODATE: 90 CHL1015-16 07J01/15 0't101/16 GENERAL AGGREGATE(Shared GL aggregate) EACH MEDICAL INCIDENT: $1,500,000 DESCRIPTION OF OPERATIONS/ LOCATIONS; VEHICLES (Attach ACORD 101, Addtlw aI Ramifies Schedule If more space le requ red) RE►:• NATIONAL CITY'S SAFE ROUTS TO SCHOOL (SRTS) PROGRAM. THE CITY OF NATIONAL CITY,lTS ELECTED OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES ARE ADDITIONAL INSUREDS .AS REQUIRED BY CONTRACT (TO EXTENT INSURABLE). CERTIFICATE HOLDER CANCELLATION CITY OF NATIONAL CITY C/O RISK MANAGER 1243 NATIONAL CITY BLVD. NATIONAL CITY„ CA 91950-4301 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE . x-su^ JAMES MCLAREN, ARTS% RISK SOLUWAG (BERMUDA), LTC AS MANAGERS OF CHILDREN' ACORD 25 (2010/05) ®1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 'ttbAitatibittik tworitibrastnehttaktitat...**Aitatom efittask: laflo uswif,to lowbitiutt okittit;84: ti*taitftirMilfidg*. AL 4.000caUkiittidtiNIN4S0 St.~AtibititigtLtiotbioo vaillidRaliffikT 60044001410,: .• Piet.tW fiflito itiAttfto* tom; Wow* dr.640000tilt OAR?. is ,arolookovito: PePi t1L iriagietkorx* ebUgat ywrittarkuttatO tP,Pfo. vitleilnsigarawamttowifwelfamtitabyMpolloyi :butt* with respattto 11011biaeitivAtitotoagatibamenduaterlikrarpr pen.:7,0,9rboicaitor fa4-104.awsio*Irtatattinsol Arfd:PltrtfqttleVieqtAittei3OTADOSA40003,0*.- " tAINSPAArdetgr.arld)67401 A** PU(SIMPOOIhtAnd,*01000.1*.atl1j1410'"event, JIM* Man F;ove'roge afforde*.arlY other !neared tgidde vtsfm, A11::.othar tarmeoeonclitions:androxitosionavtihegal6ileysernain vnattargea §Ig.neAr4:16 tfivt* OMAR 0.4Z /444164 tvaritig omsw; :04614tr* Perok.; .a.co;K: aztfekkvoit4ftahsi**) 1114 RADYCHI-04 DXKRIEGER ' 0.---�`�'� CERTIFICATE OF LIABILITY INSURANCE �""""� DAT2/3/2OIYYYY) 121312015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the poilcy(les) must be endorsed. If SUBROGATION )8 WAIVED, subject to the terms and cond(tlons of the policy, certain policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER License 4 0728293 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. 506 N. Brand Boulevard, Suite 800 Glendale, CA 91203 CONTACT NAra£: Dolores Krieger PHONE 818 539-2300 FAx s: I xti; ( } tA/c, No;: (818) 539-2301 ADDRESS: INSURER(81 AFFORDING COVERAGE Y/UC# INSURER A ; Tr3'!919rS Property Casualty Co of America 25674 INSURED Rady Children's Hospital & Health Centeretal & Health Center . 3020 Children's Way MCS052 San Diego, CA 92123-4282 INSURER l . INSURER C: INSURER D: INSURER E : INSURER F : CERTIFICATE N THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN ISSUBJECT TOALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS ILTR TYPE OF INSURANCE AD NSD WVD POLICY NUMBER IMMIOD/YYVY) (MMIDDIYYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES (Es occurrence) $ M ED EXP (Any one person) 3 PERSONAL & ADV INJURY $ GEHL AGGREGATE LIMIT APPLIES PER: POLICY T 1 1 LOC OTHER: GENERAL AGGREGATE $ PRODUCTS -COMP(OPAGG $ $ A AUTOMOBILE X X LIABILITY ANY AUTO AUTLL OS QED X AUTQSLED •BODILY NONOWNED AUTOS X 810-4G36821ATIL-15 11/01/2015 11/01/2016 COMBINED SINGLE LIMIT (t a accident) $ 1,000,000 eon LY INJURY (Per person) $ INJURY (Par accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAE EXCESS LIAR _ OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' MAMMY Y1 N ALfYPROPRIETOR/PARTNER/EXECUTIVE (� OFFICERMMEM8ER EXCLUDED? f_ (Mandatory In NH) tf DESCRIPTION RIPTdescION Older RESL�PoPTION OF OPERATIONS below N 1A ITC2JUB425SB99216 11/01/2015 11/01/2016 X i PER i i ERH RI. FAnliArr:IDPNT x 1,000,00D1 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT 3 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more apace Is requrredi :co: Nat cna1 City's Safe Routes to School (SRTS) Program. The City of National City, its elected officials, officers, agents. and employees are added as additional insureds on the auto policy per form #CAT353. A waiver of subrogation In favor of the city Is Included per f0rm#WC2$0376. City of National City c/o Risk Manager 1243 National City Blvd. National City„ CA 91950-4301 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORED REPRESENTATIVE 61988-2014 ACORD COFIPORATION. All rights reserved. ACORD 26 (2014/01) The ACORD name and logo are registered marks of ACORD COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following; BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE --This endorsement broadens coverage. However, coverage for any Injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the ,extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and Is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED ' E. SUPPLEMENTARY PAYMENTS — INCREASED Llivli T S F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE — GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION 11— COVERED AUTOS LIABILITY COVERAGE: • . Any organization you newly acquire or torm dur- ing the policy period over which you maintain 50% or more•»ownership • interest -and-that- is• ifot--•-- •- separately insured for Business Auto Coverage. Coverage under this provision Is afforded only un- til the 180th day after you acquire or form the or- nanEzation or the end of the policy period, which- ever is earlier. BLANKET ADDITIONAL INSURED' The fullowing is added to Paragraph c. in A.1., Who Is An Insured, of 'SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional Insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT i, PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT J. PERSONAL PROPERTY K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL. ERRORS OR OMISSIONS CA T8•53 0215 this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An insured provision contained in Section II. EMPLOYEE HIRED AUTO . 1. The following is added to Paragraph A.1., Who Is.An Insured,. of SECTION_ II. —.COV ERED AUTOS LIAFILIT-y COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement In an "employee's" name, with your permission, while performing. duties related to the 'conduct of your bust - rase; 2. The following replaces Paragraph b. in S.5:, Other. Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. - For Hired Auto Physical 'Damage Cover- age, the fallowing are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract In an :employee's" name, with your © 2015 The Travelers lndemnt r Company. All rights reserved. Page 1 of 4 includes copyrighted material of insurance Services Office, Inc. with its permission, k COMMERCIAL AUTO permission, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented er borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A,1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any "employee" of yours is an "Insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS -- INCREASED LIMITS 1. The following replaces Paragraph A.2,a.(2), of SECTION 11 — COVERED AUTOS LIABIL- ITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a,(4), of SECTION 11— COVERED AUTOS LIABIL- ITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $5uu a day be- cause of time off from work. - HIRED ALTO — LIMITED WORLDWIDE COV- __... __,..._..........._RAGE The following replaces Subparagraph (5) in Para- graph B.7., Policy Period, Coverage Territory, of SECTION 1V — BUSINESS AUTO CONDI- TIONS: (5) Anywhere in the world, except any country' or jurisdiction while any trade sanction, ern, bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Cov- ered Autos l..lebility Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow• from any of your "employees", partners (if you are a partnership), members (if you are. a limited liability company) or members of their households. .' Page 2 of 4 (a) With respect to any claim made or 'suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Roc and Canada: (1) You must arrange to defend the "In- sured" against, and investigate or eat tle arty such claim or "suit" and keep us advised of all proceedings and ao- tions. (El) Neither you nor any other involved "insured" will make any settlement without our consent. (III) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily Injury" or "property damage' to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limits Of Insurance, of SECTION iI — COVERED AUTOS LIABILITY COVERAGE. (v) We will reimburse the "insured" for the reasonable expenses Incurred with our consent for your investiga- tion of such claims and your defense of the "insured" against any such "suit', but only up to and included Witch n...the -limit- de cribcd.,in. For. graph C., Limits Of insurance, of SECTION it COVERED AUTOS LIABILITY COVERAGE,- and not In addition to such limit. Our duty to make such payments ends when we have used uo the applicable limit of insurance in payments for damages, settlements ar defense expenses. (b) This Insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess, contingent ar on any other basis. (c) This insurance is not a substitute for re- quired ,or compulsory insurance in any country outside the United States, its ter- ritories and possessions; Puerto Rico and Canada. ©2015 The Travelers Indemnity Company All rights reserved. CA T3 53 02 15 Includes copyrighted material of insurance Services Office, Inc. with Hs permission. You agree •tb maintain ail required or oompuisory insurance in any. such coon, try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We jassume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G, WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. • H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE - INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- TiON III — PHYSICAL. DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident'. 1, PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The follbwing replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL PROPERTY The following is added to Paragraph A.4., Cover- age Extensions, of SECTION Hi — PHYSICAL DAMAGE COVERAGE: Personal Property We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned by an. "insured"; and COMMERCIAL AUTO (2) In or on your covered "auto'. This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Property coverage. K. AIRBAGS ' . The following is added to Paragraph 8.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own. that in- flate due to a cause other than a cause of. "foss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto". is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and • c. The airbags were not intentfonaliy inflated. We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION !V— BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss' is known to: (a) You (if you are ah individual); (b) A partner (if you are a partnership); p (c) A member (if you'are a limited liability com- (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization);. or (a) Any "empioyee" authorized by you to give no- tice of the "accident' or "loss". M. BLANKET WAIVER OF SUBROGATION • The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — EUS1?NESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by CA T3 53 02 15 © 2015 The Travelers indemnity Company. AH rights reserved. Page 3 of 4 Includes copyrighted material of insurance Services Office, Inc. with lts permission. COMMERCIAL AUTO such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph 8,2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV — BUSINESS AUTO CONDITIONS: • The unintentional omission of, or unintentional error in, any information given by you shall not prejudice you rights under this insurance. How- ever this provision does not affect our right to col- iect additional premium or exercise our tight cf cancellation or non -renewal. Page 4 of 4 ©2015 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of insurance Services Office, Inc. with 1ta permission. CAT3530215 .4isak TRAVELER$ ofttlet(a. squat: 4tAir1TpROL: CT: 04:10 WORKERS:COMPENSATION NSIO ENIPLOYERS:uoturoopple twotsemot Wo.49:0a,to poLtprN u. ER: (m.242,5§000,4--15) WAIVER: °FOUR:RIGHT TO,RECOVER.FROM OTHERS ENDORSEMENT CAUFORMA iBLANKET WAIVER) We 4avo..the rightsto, reeover ogr Oityrnonwtron.finy000.11able gir.so.lnjoo bov:oid by this..064o8f. *.i401 not- enfOrCeo4r rilhtegeitietthel:persqh-ekOrgellipatip.0•1140$0i:th:thticgOetigititi The od.0104.1 pre.thitire• for tb4 ?s.t.10.040-P1O..ot shagne 00mOnordlon prerniun •SOheFtqle Person.or OrgarilzailOrt ANY PERSON OR O.RAANIA:170k1 rap WHIH THE INSLREP HAS AGRE4b BY WRIVTEN CONTRACT ti`XE014T..b PRIDS3 TO LOSS TCJ PArsasK:ThZS WAIVER:, job Descriplipn This.endorsornent u.bsogeSAne Ooliory.to..#hiOrl tiffsi00: 'Is:erfootlye-On: tbit OW issued on!ess:othe.rwKe: '(The information bolow roquired only wilen:::20.1Wen4orAtment* 10410 st.**it40(t:0 preOngiOli of . . • the 4;10.00Y;) • Endorsement ffeetve Polley NO, En�orsment Nos insured Prerrtlum ihsurattte.Ctithpany tetuntersilene4bY wiritoirts690 :I 4;$6-1: 4i 1ST ASSION4 Pato-1 tif RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH RADY CHILDREN'S HOSPITAL-SAN DIEGO FOR A THREE-YEAR TERM AND A NOT -TO -EXCEED AMOUNT OF $300,000 TO PROVIDE ON -CALL SUPPORT SERVICES FOR NATIONAL CITY'S SAFE ROUTES TO SCHOOL PROGRAM WHEREAS, on August 11, 2015, the Department of Engineering and Public Works publicly advertised a Request for Qualifications ("RFQ") for specialized support services for National City's Safe Routes to School ("SRTS") Program; and WHEREAS, based on review of the three Statements of Qualifications ("SOQ") that were received by the September 3, 2015 deadline, and subsequent interviews, staff has determined that Rady Children's Hospital — San Diego is most qualified by experience and ability to assist staff with implementation of National City's SRTS Program; and WHEREAS, this Agreement, will build upon previous Safe Routes to School Program efforts to enhance safety along walking routes between schools and feeder neighborhoods, educate students and parents about health and traffic safety, expand the volunteer "Parent Patrol" program, and encourage more students to walk to school; and WHEREAS, Rady Children's Hospital — San Diego has successfully provided specialized services to assist National City staff with SRTS Program implementation for the past three years under a Federal SRTS grant; and WHEREAS, the Agreement is for a not -to -exceed amount of S300,000 with a term of three -years, which is needed to allow for refinement and sustainability of site -specific SRTS education, encouragement, and evaluation programs for all ten elementary schools and the surrounding neighborhoods. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement with Rady Children's Hospital -San Diego for a three-year term and a not to exceed amount of $300,000 to provide on -call support services for National City's Safe Routes to School Program. PASSED and ADOPTED this 16th day of February, 2016. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. DaIla, City Clerk Claudia Gacitua Silva City Attorney CC/CDC-HA Agenda 2/16/2016 — Page 62 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Mayor to enter into an Agreement with the Sweetwater Union High School District for partial funding of the School Resource Officer Program. The City of National City will be reimb CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 16, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to enter into an Agreement with the Sweetwater Union High School District for partial funding of the School Resource Officer Program. The City of National City will be reimbursed $84,000 for FY2016 and $84,000 for FY2017 by the Sweetwater Union High School District, for a two-year total of $168,000 for Police School Resource Officer Services. PREPARED BY: Manuel Rodriguez, Chief of Police DEPARTMENT: Police PHONE: (619) 336-4510 APPROVED BY: EXPLANATION: The National City Police Department currently assigns two police officers as School Resource Officers (SROs) as their primary duties to provide police services to the Sweetwater Union High School District and the National School District. School Resource Officers provide specialized campus security and general law enforcement services to the public schools located in National City. The salaries and benefits for the police officers are funded by a joint agreement between the Sweetwater Union High School District, National School District, and the City of National City. The proposed Agreement with the Sweetwater Union High School District would be effective and retroactive from July 1, 2015 through June 30, 2017 upon the mutual extension authorized and executed by both Parties. Approval of the resolution would authorize the Mayor to enter into an Agreement with the Sweetwater Union High School District in order to continue to share the costs of the School Resource Officer Program. $82,825 currently is appropriated for the personnel costs of program; however consistent with City practice, this total does not include costs associated with labor negotiations, as negotiations with the Police Officer's Association had not yet begun at the time the current budget had been adopted. If necessary, a supplemental appropriation for the program's costs will be requested as part of the mid -year budget review. FINANCIAL STATEMENT: APPROVED: `7/G,an4 ,{ Finance ACCOUNT NO. APPROVED: MIS ,Revenue: 001-11108-3467 FY16 $84,000 / FY17 $84,000 Expenditure: 001-411-108-* ENVIRONMENTAL REVIEW: NIA ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Agreement between the City of National City and the Sweetwater Union High School District Exhibit ''A" Scope of Services AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND SWEETWATER UNION HIGH SCHOOL DISTRICT THIS AGREEMENT is entered into by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and the SWEETWATER UNION HIGH SCHOOL DISTRICT, a public entity and school district (hereinafter the "DISTRICT"). RECITALS WHEREAS, the CITY and DISTRICT (collectively referred to as the "Parties") desire to provide a safe, secure, and orderly teaching and learning environment for all students and staff within Sweetwater Union High School District and the City of National City by protecting life and property. WHEREAS, the Parties have decided to undertake responsibilities and expectations to achieve mutual goals and objectives to protect the teaching and learning environment. WHEREAS, the Parties agree to work together to provide the presence of a police officer, based on availability as determined by the CITY, on campus to help maintain a secure environment in and around the schools. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The CITY and the DISTRICT agree to perform the services set forth as attached in the SCOPE OF SERVICES, attached as "Exhibit A" hereto, in accordance with all terms and conditions contained herein. To the extent that there are any inconsistencies between this Agreement and "Exhibit A", this Agreement controls. 2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on July 1, 2015. The duration of this Agreement is for the period of July 1, 2015 through June 30, 2016. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "A". This Agreement may be extended for an additional period of one (1) year upon the written approval of the Parties. The mutual extension may be authorized and executed on behalf of the CITY by Chief of Police, Manuel Rodriguez and on behalf of the DISTRICT by Chief Financial Officer Karen Michel. 3. PROJECT COORDINATION AND SUPERVISION. The Community Services Sergeant hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The DISTRICT hereby assigns the Director of Student Support to provide supervision and have overall responsibility for the progress and execution of this Agreement for the DISTRICT. 4. COMPENSATION AND PAYMENT. The total compensation from the DISTRICT to the CITY shall be the flat fee of eighty-four thousand dollars ($84,000) for the period of July 1, 2015 through June 30, 2016, and eighty-four thousand dollars ($84,000) for the period of July 1, 2016 through June 30, 2017 upon the mutual extension authorized and executed by the Parties described in section 2 of this Agreement. The District shall pay the City eighty- four thousand dollars ($84,000) for the period of July 1, 2015 through June 30, 2016, upon invoicing, following execution of the agreement and ratification by the Board of Trustees. 5. ACCEPTABILITY OF WORK. Either party may request an informal meeting to discuss any concern regarding compliance with the Roles and Responsibilities listed in Exhibit "A". Parties agree to conduct such meeting no later than 10 working days after the request. 6. INDEPENDENT CONTRACTOR. Both Parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the DISTRICT nor the DISTRICT'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. Neither this Agreement nor any interest herein may be assigned by the DISTRICT without the prior written consent of the CITY. 7. CONTROL. Neither the DISTRICT nor its officers, agents, or employees shall have any control over the conduct of the CITY or any of the CITY'S employees, except as herein set forth, and the CITY or the CITY'S agents, servants, or employees are not in any manner agents, servants, or employees of the DISTRICT, it being understood that the CITY, its agents, servants, and employees are as to the DISTRICT wholly independent. 8. NON-DISCRIMINATION PROVISIONS. The DISTRICT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The DISTRICT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The DISTRICT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 9. CONFIDENTIAL INFORMATION. The Parties may from time to time communicate between or amongst each other, or be in possession of, certain confidential information. Such confidential information shall not be disclosed unless authorized by federal, state or local law. Upon receipt of any request for confidential information by a third party, the Parties agree to advise each other of such request and their subsequent response to such request. 2015 Agreement City of National City and 2 Sweetwater Union HS District The Parties are each subject to the Public Records Act and this provision is not intended to impede or impair the requirements or obligations under that Act. 10. NO INDEPENDENT BASIS FOR LIABILITY. Nothing herein shall create, by this or other understanding between the parties, an independent basis for liability of the City to either the District or to a third party for failing to respond or for responding to a call for police services in a dilatory or negligent manner. The City's liability, if any it may have, shall be that as determined by law without regard to the existence of this Agreement. 11. WORKERS' COMPENSATION. The DISTRICT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the DISTRICT under this Agreement. 12. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the Parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the Parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the Parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 13. TERMINATION. A. This Agreement may be terminated with or without cause by either Party. Termination without cause shall be effective only upon 60-day's written notice to either Party. During said 60-day period the CITY shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by either Party for cause in the event of a material breach of this Agreement, misrepresentation by the other party in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the Agreement. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the either Party as provided for herein. 2015 Agreement City of National City and 3 Sweetwater Union HS District 14. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Chief of Police National City Police Department City of National City 1200 National City Boulevard National City, CA 91950-4301 To DISTRICT: Chief Financial Officer Sweetwater Union High School District 1130 Fifth Avenue Chula Vista, CA 91911-2896 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 15. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this 2015 Agreement City of National City and 4 Sweetwater Union HS District Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. 2015 Agreement City of National City and 5 Sweetwater Union HS District IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY SWEETWATER UNION HIGH SCHOOL DISTRICT By: Ron Morrison, Mayor By: (Name) APPROVED AS TO FORM: (Print) Claudia Gacitua Silva City Attorney APPROVED AS TO FORM: Jennifer Carbuccia (Title) By: (Name) (Print) General Counsel (Title) 2015 Agreement City of National City and 6 Sweetwater Union HS District EXHIBIT A SCOPE OF SERVICES MISSION STATEMENT: It is the mission of the Sweetwater Union High School District in concert with the National City Police Department to provide a safe, secure, orderly teaching and learning environment for all students and staff within the Sweetwater Union High School District and the City of National City by protecting life and property. Ensuring the safety of students and staff on school campuses in National City is a priority to the school administration and the Police Department. Campus security will be increased by the presence of police officers who will interact with the students in both a positive and proactive manner. Police officers on campus will help improve relations between the Police Department and the youth of the community. Police officer availability shall be determined at the sole discretion of the Chief of Police of the National City Police Department. As a result, the Sweetwater union High School District and the City of National City Police Department agree to undertake the following responsibilities and expectations to achieve these mutual objectives: A. SCHOOL DISTRICT'S ROLE AND RESPONSIBILITY: 1. Ensure student welfare portal to portal; 2. Develop procedures to handle campus safety issues; 3. Develop emergency response procedures; 4. Develop a School Safety Plan; 5. Establish and follow procedures for referring School Resource Officer involvement; and 6. Cooperate with and support in a proactive manner with the City of National City Police Department School Resource Officers' efforts to work with students, school personnel, parents and the community. B. SCHOOL RESOURCE OFFICERS' ROLE AND RESPONSIBILITY: 1. To provide prevention/intervention by: a. Providing a visible uniform police officer presence on the campuses of the Sweetwater Union High School District located in National City. b. Developing classroom and faculty presentations related to the youth and the law when requested. c. Attending parent conferences/meetings as available. d. Attending Student Attendance Review Board (S.A.R.B.) meetings. e. Scheduling security activities as needed. 2015 Agreement City of National City and 7 Sweetwater Union HS District J. f. Respond to all law enforcement related matters as they occur during regular school hours when available. g. Attend various sporting events and school activities as needed for proactive enforcement and interaction. Any overtime that is required for any events, activities, meetings, etc., will be paid for by the District per the MOU. h. Documenting all incidents of crime as per Department regulations. i. Assisting with developing and revision school security procedures and emergency response drills. Assisting the school's safety committee in developing the School Safety Plan. 2. To continue to work with: a. Community agencies; and b. Parent/teacher groups as needed throughout the affected schools. 3. Liaison with National City Police Department personnel who are investigating criminal investigations or criminal activity within the affected schools. 4. Continue to work with school staff and District personnel in matters of mutual concern such as: a. Education and Training b. Prevention and intervention in the areas of alcohol and drug use on campus c. Safety of students and staff on campus d. Gang -related violence and crime e. Campus intrusion, and loss and/or damage to property C. SPAN OF CONTROL/JURISDICTION: Prevention/ education/ training/ proactive activities will take place at Sweetwater High School, Granger Junior High School, and National City Middle School located in the City of National City. The officers will remain under the direction and control of the National City Police Department. 2015 Agreement City of National City and 8 Sweetwater Union HS District D. RESOURCE: Resource and local management will be coordinated at: Chief Financial Officer Sweetwater Union High School District 1130 Fifth Avenue Chula Vista, CA 91911-2896 Chief of Police National City Police Department 1200 National City Boulevard National City, CA 91950 E. COST: One (1) officer will be funded jointly by the National City School District and the Sweetwater Union High School District and one (1) officer will be funded by City of National City Police Department. The Sweetwater Union High School District will contribute to this effort as set forth in Section 4 of the Agreement. If the Agreement is canceled as herein permitted, the City shall return forthwith to the District, the portion of such payment allocable to the period of the term subsequent to the effective date of cancellation. The total compensation from the DISTRICT to the CITY shall be the flat fee of eighty-four thousand dollars ($84,000) for the period ofJuly 1, 2015 through June 30, 2016, and eighty-four thousand dollars ($84,000) for the period ofJuly 1, 2016 through June 30, 2017, upon the mutual extension authorized and executed by the Parties described in section 2 of this Agreement. The District shall pay the City eighty-four thousand dollars ($84,000) for the period ofJuly 1, 2015 through June 30, 2016, upon invoicing, following execution of the agreement and ratification by the Board of Trustees. The District shall pay the City eighty-four thousand dollars ($84,000) for the period ofJuly 1, 2016 through June 30, 2017, after the mutual extension is authorized and executed by the Parties described in section 2 of this Agreement and upon invoicing, following execution of the agreement and ratification by the Board of Trustees. 2015 Agreement City of National City and 9 Sweetwater Union HS District RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE SWEETWATER UNION HIGH SCHOOL DISTRICT FOR PARTIAL FUNDING OF THE SCHOOL RESOURCE OFFICER PROGRAM IN WHICH THE SWEETWATER UNION HIGH SCHOOL DISTRICT WILL REIMBURSE THE CITY OF NATIONAL CITY $84,000 FOR FISCAL YEAR 2016 AND $84,000 FOR FISCAL YEAR 2017, FOR A TWO-YEAR TOTAL OF $168,000, TO PROVIDE POLICE SCHOOL RESOURCE OFFICER SERVICES WHEREAS, the National City Police Department currently assigns two police officers as School Resource Officers ("SROs") whose primary duty is to provide specialized campus security and general law enforcement services to the Sweetwater Union High School District and the National School District; and WHEREAS, the Sweetwater Union High School District and the City of National City desire to enter into a one-year Agreement effective and retroactive from July 1, 2015, with an option to extend through June 30, 2017, upon the mutual extension authorized and executed by both Parties in order to continue to share the costs of the School Resource Officer Program. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a one-year Agreement with the Sweetwater Union High School District effective and retroactive from July 1, 2015, with an option to extend through June 30, 2017, upon mutual extension authorized and executed by both Parties in order to continue to share the costs of the School Resource Officer Program and reimbursing the City of National City $84,000 for Fiscal Year 2015 and $84,000 for Fiscal Year 2017, if extended. PASSED and ADOPTED this 16th day of February, 2016. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CC/CDC-HA Agenda 2/16/2016 — Page 74 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Mayor to execute a second amendment to the software maintenance agreement with Northrop Grumman Systems Corporation amending the December 1, 2017 agreement expiration date contain CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 16, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a second amendment to the software maintenance agreement with Northrop Grumman Systems Corporation amending the December 1, 2017 agreement expiration date contained in the First Amendment to February 29, 2016 and reducing the not -to -exceed amount for this revised term to $12,765.00. PREPARED BY: Ron Williams DEPARTMENT: MI yS mini tive Services PHONE: 619-336-4373 APPROVED BY: EXPLANATION: The Law Enforcement Records Management System (RMS) provides National City Police Department with real-time electronic records related to crime and arrest reports. The RMS data is processed and uploaded to the San Diego Area Regional Justice Information System (ARJIS). Northrop Grumman Systems Corporation has been the RMS software support provider for sixteen years. Northrop Grumman Systems Corporation will no longer provide on -going software maintenance and support for the current version of the Law Enforcement Records Management System (RMS) after February 29, 2016. The compensation ($12,765.00) provides for three months (December 2, 2015 — February 29, 2016) of support, and amends the December 1, 2017 agreement expiration contained in the First Amendment to February 29, 2016. The City of National City will be transitioning to a new RMS software support vendor (Cohero) on March 1, 2016. FINANCIAL STATEMENT: ACCOUNT NO. 629-417-082-281-0000 APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project, and therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends Council amend the contract to terminate Northrop Grumman Systems Corporation RMS support on February 29, 2016. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Attachment 1: 2nd Amendment Attachment 2: 1st Amendment Amendment No. 2 to the Agreement between the City of National City (Customer) and Northrop Grumman Systems Corporation This Second Amendment to the Northrop Grumman Master Maintenance Agreement (the "Agreement") for Customer's Records Management System (RMS) Software Maintenance is made and entered between the City of National City ("Customer") and Northrop Grumman Systems Corporation ("NGSC"), a Delaware Corporation, acting through Northrop Grumman Information Systems sector, Civil Division. The Agreement was amended by a First Amendment on December 2, 2014. Customer and NGSC agree as follows: 1. Effective December 2, 2015, the term of the Agreement and the First Amendment, is amended from December 1, 2017 to February 29, 2016. This Second Amendment amends the December 1, 2017 expiration contained in the First Amendment to February 29, 2016. The term of the Agreement and First Amendment shall be through February 29, 2016. 2. The price and payment schedule for the term of December 2, 2015 through February 29, 2016 is $ l 2,765. Exhibit A, attached hereto, amends the price and payment schedule for Period No. 7 and Period No. 8 contained in the First Amendment. Period No, 7 is amended to $12,765 and Period No. 8 is $-0-. 3. Alt other terms and conditions of the Agreement and First Amendment, except as specifically changed herein, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this amendment, the day and year written below. The City of National City; Signature of Authorized Representative Printed Name Title Date Document prepared 12/22/15 Northr?p Grumman Systems Corporation: h `� Rhea M. Altamura Sr. Contracts Manager 410 /Q.01(.p Date Amd2 1215 1 Amendment No. 2 to the Agreement between the City of National City (Customer) and Northrop Grumman Systems Corporation EXHIBIT "A" Price and payment Schedule: Period No. 7 — December 2, 2015 — February 29, 2016 NG Software Maintenance: Records Management System (RMS) Total Due, Period 7 $12.765.00 $12,765.00 Document prepared 12/22/15 Amd2 1215 2 Amendment No. 1 to the Agreement between the City of National City (Customer) and Northrop Grumman Systems Corporation WHEREAS, the Customer and Northrop Grumman Information Technology, Inc. (NGTT) entered into an Agreement effective December 2, 2009, whereby Northrop Grumman Information Technology, Inc. was to provide the Customer's Records Management System (RMS) maintenance service; and WHEREAS, Northrop Grumman Information Technology, Inc. has merged with and into its parent company Northrop Grumman Systems Corporation ("Northrop Grumman"), a Delaware corporation, acting through Northrop Grumman Information Systems sector, Cyber Solutions Division, with an office at 7555 Colshire Drive, McLean, VA 22102; and WHEREAS, the Customer desires to extend the term of the contract for additional three (3) years period under the Scope of the Agreement and amend the Price and Payment schedule to the Agreement; and WHEREAS, Northrop Grumman has agreed to extend the term of the contract for additional three (3) years period under the Scope of the Agreement and amend the Price and Payment schedule to the Agreement; NOW, therefore, it is agreed as follows: 1. Effective December 2.2014, the term of the agreement shall be extended for additional three (3) years through December 1, 2017 as described on Exhibit A hereto. 2. All other Terms and Conditions of the Agreement, except as specifically changed hereby, shall remain in full force and effect. Document prepared 5/20114 Amd1_0514 1 Amendment No. 1 to the Agreement between the City of National City (Customer) and Northrop Grumman Systems Corporation IN WITNESS WHEREOF, the parties hereto have executed this amendment, the clay and year written below. The Ci ,ii' ational City ature o Autho tative Ron Morrison Printed Name Maynr r)arPmlor 9 , 2014 Title Date Northrop Grumman Systems Corporation Sue Jun Contracts Administrator 091/9 Date J Kouri ontracts Manager 61'7/2o.v Date Document prepared 5/20/14 Amd 1 _0514 2 t Amendment No. 1 to the Agreement between the City of National City (Customer) and Northrop Grumman Systems Corporation EXHIBIT "A" Price and Payment Schedule: Period No. 6 — December 2, 2014 -- December 1, 2015 NG Software Maintenance: Records Management System (RMS) Total Due, Period 6 Period No. 7 — December 2, 2015 — December 1, 2016 NG Software Maintenance: Records Management System (RMS) Total Due, Period 7 Period No. 8 — December 2, 2016 — December 1, 2017 NG Software Maintenance: Records Management System (RMS) Total Due, Period 8 Document prepared 6/12/14 $48,612.00 $48,612.00 $51,060.00 $51,060.00 $53,613.00 $53,613.00 Amd 1 RMS 0614 3 A IMM =MI RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CITY AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO THE SOFTWARE MAINTENANCE AGREEMENT WITH NORTHROP GRUMMAN SYSTEMS CORPORATION AMENDING THE DECEMBER 1, 2017 AGREEMENT EXPIRATION DATE CONTAINED IN THE FIRST AMENDMENT TO FEBRUARY 29, 2016, AND REDUCING THE NOT -TO -EXCEED AMOUNT FOR THIS REVISED TERM TO $12,765.00 WHEREAS, the Law Enforcement Records Management System ("RMS") provides the National City Police Department with real-time electronic records related to crime and arrest reports that are processed and uploaded to the San Diego Area Regional Justice Information System ("ARJIS"); and WHEREAS, Northrop Grumman Systems Corporation has been the RMS software support provider for sixteen years, but will no longer provide on -going software maintenance and support for the current version of the Law Enforcement Records Management System after February 29, 2016; and WHEREAS, a Second Amendment to the Agreement is necessary to amend the December 1, 2017 agreement expiration date contained in the First Amendment to February 29, 2016 and to reduce the not -to -exceed amount for this revised term to $12,765.00; and WHEREAS, the City of National City will be transitioning to a new RMS software support provider on March 1, 2016. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Second Amendment to the Agreement with Northrop Grumman Systems Corporation amending the December 1, 2017 agreement expiration date contained in the First Amendment to February 29, 2016, and reducing the not -to - exceed amount for this revised term to $12,765.00. PASSED and ADOPTED this 16th day of February, 2016. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor CC/CDC-HA Agenda 2/16/2016 — Page 84 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City waiving the bid process pursuant to section 2.60.110(B) of the National City Municipal Code and authorizing the Mayor to execute a one year software maintenance agreement with Cohero in the total CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 16, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City waiving the bid process pursuant to section 2.60.110(B) of the National City Municipal Code and authorizing the Mayor to execute a one year software maintenance agreement with Cohero in the total not -to -exceed amount of $104,000 to support the Northrop Grumman Law Enforcement Records Management System. PREPARED BY: Ron Williams PHONE: 619-336-4373 EXPLANATION: See Attached FINANCIAL STATEMENT: ACCOUNT NO. 629-417-082-281-0000 DEPARTMENT: MIS APPROVED BY: i ative Services APPROVED:c���� nI ance APPROVED: :e„.„. 1TIIs ENVIRONMENTAL REVIEW: This is not a project, and therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends Council waive the formal bidding requirements as allowed in Chapter 2.60.110(B) of the Municipal Code, and award the contract to Cohero. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Attachment 1: Explanation Attachment 2: Contract Explanation The Law Enforcement Records Management System (RMS) provides National City Police Department with real-time electronic records related to crime and arrest reports. The RMS data is processed and uploaded to the San Diego Area Regional Justice Information System (ARJIS). Northrop Grumman Systems Corporation will no longer provide on -going software maintenance and support for the current RMS version after February 29, 2016. National City is in the process of upgrading to San Diego County NetRMS records management system. In the interim, support for the current Northrop Grumman Law Enforcement Records Management System is necessary. Cohero is a public safety software technology company with expertise in supporting Computer Aided Dispatch (CAD), Law Enforcement Records Management Systems, Mobile and 911 Systems. It is requested that Council waive the formal bidding requirements as allowed in Chapter 2.60.110(B)(2)(3) of the Municipal Code, and award the contract to Cohero for the following reasons: 1. Delay would unduly jeopardize support of Law Enforcement Records Management System (RMS). 2. The price has been determined to be competitive within the industry. 3. No further purpose would be served by issuing a formal bid at this point in the process. AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND COHERO THIS AGREEMENT is entered into on February 16, 2016 by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and COHERO, a corporation (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide support for existing Northrop Grumman RMS, AFR, Revision Manager, ILink and ARJIS interfaces, applications and modules. WHEREAS, the CITY has determined that the CONTRACTOR is a public safety technology provider and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEM NT OF CONTRACTOR. The CITY agrees to engage the CONTRACTOR, and the CONTRACTOR agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services shall be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR 2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on March 1, 2016. The duration of this Agreement is for one year, the period of March 1, 2016 through February 28, 2017. 3. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit "A". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings specified in Exhibit "A" to keep staff and City Council advised of the progress on the Project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 15% from the base amount. 4. PROJECT COORDINATION AND SUPERVISION. Ron Williams hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR Brad Laabs thereby is designated as the Project Director for the CONTRACTOR. 5. COMPENSATION AND PAYMENT. The total compensation to CONTRACTOR for providing the services set forth herein shall not exceed a total of $104,000. The total cost for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit "A" (the Base amount) without prior written authorization from the IT Manager invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 6. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONTRACTOR and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR in this Agreement, the City or the CONTRACTOR shall give to the other written notice. Within ten (10) business days, the CONTRACTOR and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONTRACTOR exclusively for the CITY and this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY, and CONTRACTOR thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared exclusively for the CITY under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. City's Standard Agzement 2 City of National City Revised 2015 and Cohero The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONTRACTOR'S written work product for the CI'TY'S purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works prepared exclusively for the CITY under this Agreement. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any Liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or SUBCONTRACTORS, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement All agreements by CONTRACTOR with its SUBCONTRACTOR(S) shall require the SUBCONTRACTOR(S) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR'S employees, except as herein set forth, and the CONTRACTOR or the CONTRACTOR'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, it being understood that the CONTRACTOR its agents, servants, and employees are as to the CITY wholly independent CONTRACTOR, and that the CONTRACTOR'S obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR and each City's Standard Agreement 3 City of National City Revised 2015 ind C10`O of its SUBCONTRACTOR(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES. PERMITS. ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 12. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CON fRACTOR'S professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. City's Standard Agreement 4 City of National City Revised 2015 and Cahoo 14. CONFIDENTIAL INFORMATION. The Parties may from time to time communicate between or amongst each other, or be in possession of, certain confidential information. Such confidential information shall not be disclosed unless authorized or required by federal, state or local law. Upon receipt of any request for confidential information by a third party, the Parties agree to advise each other of such request and their subsequent response to such request. The City is subject to the Public Records Act and this provision is not intended to impede or impair the requirements or obligations under that Act. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITYfor any ctAmages caused by breach of this condition, pursuant to the provisions of Section 14. The obligations specified in this Section shall survive the expiration, termination or rescission of this Agreement and such obligations shall continue in full force and effect for a period of three (3) years thereafter. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suites, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR'S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers, or employees. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 16. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which maybe incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. City's Standard Agreement Revised 2015 5 City of National City end cohere 17. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONTRACTOR(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following checked insurance policies: A. ® If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of $2,000,000 per occurrence and $4,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONTRACTOR has no employees subject to the California Workers' Compensation and Labor laws, CONTRACTOR shall execute a Declaration to that effect. Said Declaration shall be provided to CONTRACTOR by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. Insurance shall be written with only California admitted companies that hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. H. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the teams of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. City's Standard Ag cancnt 6 City of National City Revised 2015 tad Coheso I. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be home equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for City's Standard Agreement Revised 2015 7 City of National City sod Cohan any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal. Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above chall be directed to the following persons: To CITY: Ron Williams IT Manager MIS City of National City 1243 National City Boulevard National City, CA 919504301 To CONTRACTOR: Bard Laabs President/Chief Architect Cohero 3912 Georgia Street San Diego, CA 92103 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. City's Standard Agreement 8 City of National City Revised 2015 and min 22. OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disgiiA1ify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the CONTRACTOR. CONFLICT OF INTEREST AND POLITICAL REFORM ACI 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2,1720.3, 1720.4, and 1771. Contractor is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties, Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. Citys standard Agreement 9 city ofNational City Revised 2015 and COh°"D E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any provisions of any Exhibits or Schedules conflict with any provisions of this Agreement, this Agreement shall control. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writingexecuted by each -of -the parties_hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such parry's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. M. Force Majeure. Neither party is liable for delays or lack of performance resulting from any causes beyond the reasonable control of a party including acts of God or the public enemy, war, riot, civil commotion, insurrection, government or de facto governmental action (unless caused by the intentionally wrongful acts or omissions of the party), fires, explosions or floods, strikes, slowdowns or work stoppages any of which event(s) directly impact the CONTRACTOR's operations in the CITY. N. Severability. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held to be contrary to the law or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of the Agreement. However, upon the occurrence of such event, either party may terminate this Agreement by giving the other party sixty (60) days written notice. City'a Standard Agreement 10 City of National City Revised 2015 cod Cohn gignatire Page to Follow] City"OtividaidAgitement 11 aty OtNjitionail city RaviSed2015 luid Cohen IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor Dated: APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney COHERO (Corporation — signatues of two corporate officers required) (Partnership — one signature) (Sole proprietorship — one signature) By: (Name) :a-e-.s L-AA (Print) (Title) Dated: 2-1 I + L r By: �cauc �'1C-b_e- (Print) tt V; (Title) Dated: t- (i t l ! Cp City's Standard Ageement 12 City of National City Revised 2015 and Cohere EXHIBIT "A" Support Proposal National City Police Department cohero RMS & AFR Support Proposal 3912 Georgia Street, San Diego, CA 92103 858.777.1983 • info@cohero.com • cohero.com Cohero is pleased to present the following proposal to the National City Police Department for the support of your existing RMS and AFR systems. We believe we can provide outstanding support and personalized service while keeping the systems running smoothly. Cohero is uniquely qualified to provide you with continuity of operations. Cohero staff has years of experience working with these systems and your agency. We are passionate about supporting our law enforcement clients. While we understand you are in the process of moving to another system, we are eager to ensure the continued longevity of your RMS & AFR systems as long as you need them. Direct contact with engineers will ensure agile response to your needs, bypassing unwanted layers of help desk and project management. If you are able to supply us with source` code, we can modify the applications directly to resolve issues or implement minor enhancements; otherwise, even without access to the source code, we have demonstrated the ability to support the applications through workarounds, shims and alternatives. Cohero will provide 1 year of support for your existing RMS and AFR systems include the following: • RMS • AFR • Revision Manager • iLink and ARJIS interfaces Our proposal is intended to include the same applications and modules supported by your current provider. However, we will not support any product or module that has been delivered as a beta, prototype, or in a similar non production -ready state. Thank you for the opportunity to make this proposal. Please let us know if you have any questions or concerns we can address about this proposal or the services we offer. OPERATIONAL SUPPORT Cohero will provide operational support for non -routine server issues, or problems affecting multiple client workstations or end users. The expectation is that City IT staff will continue to respond to routine operational issues, as well as issues affecting an individual workstation or end -user. Cohero will provide backup support if City IT staff is unable to resolve the issues on their own. We'll keep the current systems and functionality working. The support will include: • Continuity of operations o 8x5 telephone and remote access support through customer -provided VPN January 8, 2016 Page I 1 National City Police Department cohero RMS & AFR Support Proposal 3912 Georgia Street, San Diego, CA 92103 858.777.1983 • info@►cohero.com • cohero.com o After hours, on -call support for critical Issues Direct -access -to engineers o City to identify primary IT contacts responsible for triaging all issues and contacting Cohero for support • Response to system operational issues, including: o Data and database issues, including stored procedures and triggers o Stuck/missing AFR reports that cannot be resolved by local IT staff o Systemic Kink issues affecting upload of AFR or other data to RMS o System errors and exceptions o Interface problems o Assistance with system (hardware) failure recovery and restoration. • Customer will continue to support hardware and operating systems and perform backups • Address application issues o Best efforts to address application problems ▪ Without modification to source code, when feasible and/or when source code is not available • If source code changes are required to address application problems and source code is available, Cohero may modify and deploy updated applications o Identify and implement workarounds o Replace stored procedures and triggers o Minimize the impact of exceptions TIME & MATERIALS SERVICES Unexpected requirements come up frequently in a public safety setting, whether for reasons of emergency response, new initiatives or in support of the community. Should the City have requirements January 8, 2016 Page 12 National City Police Department cohero RMS & AFR Support Proposal 3912 Georgia Street, San Diego, CA92103 858.777.1983 • info@cohero.com • cohero.com extending beyond those provided under our support agreement, Cohero will make our services available on a time and materials (T&M) basis. T&M services can be used to help find alternatives to issues with your current systems, create new reports or enhance functionality through new development. Some of our clients have found it convenient to add an optional 'not -to -exceed' allowance to their support agreement to cover an allocation of T&M hours, using and paying for these hours only as required. This approach means no additional contracts or change orders when you need something special or on the quick. These are not "pre -paid" hours — they are simply available in reserve, used only with the approval of designated City staff, and billed only if used. The rate for these services is: • $150 per hour, in the first year of the agreement o Annual escalation thereafter o Only when pre -authorized by the City • Travel, labor and materials at actual cost o Only when pre -authorized by the City T&M services at the quoted rate are available only in combination with an active support agreement. Please understand thatT&M services are provided on a time -available basis. January 8, 2016 Page 13 National City Police Department cohero RMS & AFR Support proposal 3912 Georgia Street, San Diego, CA 92103 858.777.1983 • infog@cohero.com • cohero.com SUMMARY OF PROPOSED SERVICES Continuity of operations 8x5 telephone support After-hours support for critical issues Access to engineers Direct access for primary IT contacts ✓ System operational issues Server issues Issues affecting multiple workstations 'f Individual workstation issues (after City best effort) ✓ Issues affecting multiple users Individual user/report issues (after City best effort) Systemic iLink issues Individual iLink issues (after City best effort) UCR issues Application issues Best effort resolution ✓ Workarounds, DB procedures/triggers ✓ Minimize impact of exceptions ,/ Time and materials / Extra services New reports & capabilities On -demand services ✓ Hours can be included in agreement & used only when/if needed ✓ Note: Elements in this table are summarized for brevity. Refer to complete details of offering elsewhere in this proposal. January 8, 2016 Page . 4 National City Police Department RMS & AFR Support Proposal REFERENCES cohero 3912 Georgia Street, San Diego, CA 92103 858.777.1983 • Info@cohero.com • cohero.com Our focus at Cohero is to delight our customers with responsive and personal service. Our founders have a longstanding attachment to law enforcement, and our long-term goal is to maintain those small company personal connections, as opposed to seeking rapid growth. Although we have an established relationship with the City through a previous project, we encourage you to contact the other RMS/AFR sites we currently support to gain insight into the outstanding quality of service we seek to provide. Agency Contact Alternate Contact Coronado CA Police Department Cmdr. Jesus Ochoa jochoa@coronado.ca.us (619) 522-7372 Loveland CO Police Department Kim Pals, Records Manager kim.pals@dtyoftoveland.org (970) 962-2242 Sacramento County CA Sheriffs Department Vacaville CA Police Department Kevin Bell, Project Manager i John Britto, IT Analyst kbett@sacsheriff.com ibritto@sacsheriff.com (916) 874-4267 (916) 874-8641 Sgt. Adam Senf, IT Coordinator ! Chief John Carl! asenf@cityofvacavitte.com 1 icarli@cityofvacaville.com (707) 449-5245 (707) 449-5220 January 8, 2016 Page 15 cohero 3912 Georgia St., San Diego, CA 92103 QUOTE FOR:. Ron Williams National City Police Department 1200 National City Blvd National City, CA 91950 (866) 270-1983 info@cohero.com www.cohero.com QUOTE QUOTE: 2016-003 DATE: 2/10/16 Valid for 90 Doys TERMS: Net 30 Dt* criptic n Qty Total AFR/RMS Support Services (4 quarters: 03/01/16 - 02/28/17) Includes support for the following applications/modules: •RMS - AFR - Revision Manager - Rink and ARJIS Interfaces PAYMENT OPTIONS -12 Months: $ 104,000 (billed annually in advance) - 6 Months: $ 52,000 (billed semi-annually in advance) - 3 Months: $ 26,000 (billed quarterly In advance) Please refer to the proposal for a complete description of the services proposed. 4 104,000.00 TOTAL: $104,000.00 If you have any questions, please contact the Cohero team at info@cohero.com or (866) 270-1983 THANK YOU FOR YOUR BUSINESS! Exhibit "B" Support Agreement Supplemental Terms & Conditions Cohero Support Agreement Supplemental Terms & Conditions COHERO ("CONTRACTOR") is providing software support services to the CITY OF NATIONAL CITY ("CITY") under the scope of the associated agreement. This document identifies supplemental terms and conditions specific to these services. 1. SUPPORT SERVICES. During the term of this agreement, CONTRACTOR shall provide the services necessary to remedy any software error attributed to CONTRACTOR and which significantly affects use of the Software Products described in Exhibit NA# and is reproducible and verified by CONTRACTOR ("Software Error"). Such services shall be accomplished in accordance with the priority system outlined below after CITY has identified and notified CONTRACTOR of any such error in accordance with CONTRACTOR's reporting procedures. Support of non -CONTRACTOR developed software applications and systems, without access to source code, will be done on a best effort basis, making reasonable efforts to identify and implement workarounds, minimize the impact of exceptions, and if no other options exists and where feasible, identify or develop alternative solutions. 2. TIME AND PLACE OF SERVICE. Service will be provided remotely unless otherwise stated in the Agreement Documents. Unless otherwise stated, the hours of service will be 9:00 AM until 5:00 PM, Pacific Time, Monday through Friday, holidays excepted. After hours, on -call support is available for Priority One issues. The priorities are defined as: PRIORITY QJIE Critical Software Errors: Software Errors that prevent or substantially interfere with operation of the Software Products for their primary intended purpose on a system wide basis, such as those errors that can cause unrecoverable Toss of data or prevent the Software Products from running. Response: Upon receipt of notification from CITY, CONTRACTOR shall respond within the next four (4) hours of the business day followed by action to resolve the problem as soon as reasonably possible, including, where feasible, providing a workaround for the problem pending such resolution. PRIORITY TWO. Major Software Errors: Software Errors that do not prevent or substantially interfere with operation of the Software Products for their primary intended purpose or are not system wide, but that do prevent or materially interfere with end user performance of common functions. Response: CONTRACTOR shall respond within the next eight (8) hours of the business day(s), followed by action to provide a workaround and/or resolve the problem within a reasonable time, taking into consideration the effect of the Software Error on CITY's operation of the Software Products. PRIORITY THREE Minor Software Errors: All other Software Errors not described above. Response: CONTRACTORS shall respond within five (5) business days, and provide a resolution within a reasonable time, taking into consideration the nature of the software error, the effect upon operation of the Software Products, and the reasonable requests of the CITY with respect to such correction. 3. NOTIFICATION BY CITY. CONTRACTOR shall provide either a form and e-mail address or a web form on the CONTRACTOR website that CITY will use to provide issue notification. Receipt of the notification will trigger the response times required under the previous paragraph. CONTRACTOR shall also provide CITY a telephone number that will be used to address service issues. CONTRACTOR may, from time -to -time, make changes to its notification procedures, forms or numbers. CONTRACTOR shall immediately notify CITY, in writing, of any such changes. 4. SUPPORT BY OTY. CITY agrees to provide CONTRACTOR with data, as requested, and with sufficient support and test time on CITY's computer systems to duplicate the problem, verify that the problem is with support Software Products, and verify that the problem has been resolved. CITY shall provide such system administration services on CITY's system and network as may be required to keep the system and network upgraded and in acceptable operating condition. CONTRACTOR does not provide system administration services under this Agreement. Corrections and support efforts for system/network upgrades and new equipment or defects and difficulties due to system administration issues shall be billed at CONTRACTOR's standard charges for labor, material and per diem. 5. REMOTE ACCESS. CITY shall install and maintain for the duration of this Agreement, an Internet accessible remote access system or Virtual Private Network (VPN) providing remote access to CITY's systems. CITY shall pay for installation, maintenance and use of such equipment and any associated use charges. CONTRACTOR, at its option, shall use this VPN line in connection with support and error correction. CITY Is entitled to require that access by CONTRACTOR shall be subject to prior approval by CITY In each instance. In addition to access to the servers, CITY shall provide a dedicated physical or virtual workstation accessible via remote access 24/7, which will be used to validate issue resolution and client operations. The workstation operating system and configuration will be similar to the typically deployed workstation. 6. BACKGROUND CHECKS. If required by the CITY, employees of CONTRACTOR will submit to background checks to verify their eligibility to access secure systems. All background investigations will be done at CITY's expense. Exhibit "C" Software License Agreement Cohero Software License Agreement This Software License Agreement is a legal agreement between COHERO ("CONTRACTOR") and the CITY OF NATIONAL CITY ("CITY") for use of the software product(s) as defined in the Agreement, which includes computer software and associated media, printed and electronic materials, and may include "on-line" or electronic documentation ("Software Products" or "Software"), by CITY. The Software Products are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. 1. SOFTWARE DEVELOPMENT. CONTRACTOR shall perform software development as necessary to deliver products or services described in the Agreement Documents and Exhibit "A" attached hereto. These services shall be provided in accordance with this Agreement. CONTRACTOR agrees to provide CITY a copy of any source code developed under the scope of this agreement. 2. COPYRIGHT. The Software Products are protected by copyright laws and international treaty provisions. Therefore, CITY must treat the Software Products like any other copyrighted material except that CITY may make additional copies of the Software Products solely for backup or archival purposes. CITY may not copy or distribute the electronic or printed documentation accompanying the Software Products except as may be required for maintenance or training purposes. 3. LICENSES. CONTRACTOR may provide Software Products under this Agreement and may provide other software that has been licensed from third parties. CONTRACTOR shall grant licenses or sub -licenses to CITY for the Software Products. CITY will execute each and every license agreement as required and monitor compliance on a reasonable basis. The Software Products provided under this Agreement are licensed with an unlimited use site license. 4. RIGHTS AND TITLE. CONTRACTOR retains all rights, title and interest, Including derivatives, in all source code and processes, documents, drawings, specifications, and similar information related to the Software Products. The Software Products and any improvements, modifications and changes to the Software Products provided hereunder and all copies thereof are proprietary to CONTRACTOR and title thereto remains with CONTRACTOR. All applicable rights to patents, copyrights, trademarks, and trade secrets in the Software Products and the improvements, modifications and changes thereto are and shall remain with CONTRACTOR. CITY shall not sell, transfer, publish, disclose, display or otherwise make available the Software Products or improvements, modifications or changes thereto or copies thereof to others. CITY agrees to secure and protect each program, Software Product and copies thereof in a manner consistent with the maintenance of CONTRACTOR's rights therein and to take appropriate action by instruction or agreement with its employees who are permitted access to each program or Software Product to satisfy its obligations hereunder. All copies of the Software Products, or improvements, modifications or changes thereto made by CITY including translations, compilations, partial copies with modifications and updated works are the property of CONTRACTOR. Violation of any provisions herein shall be the basis for immediate termination of this Agreement. Termination of this Agreement shall be in addition to and not in lieu of any equitable remedies available to CONTRACTOR. 5. GRANT OF UCENSE. The Software Products are only licensed, not sold. CONTRACTOR hereby grants the CITY the following rights: a. USE OF UCENSE. CITY is hereby granted a perpetual, non -transferable, non- exclusive right to use the Software Products for the CITY's own internal use. b. STORAGE/NETWORK USE. The CITY may install, store and use the Software Products as required according to the licensing quantity and type as specified in the Agreement Documents. c. ADDITIONAL COPIES. The CITY may make additional copies of the Software Products as reasonably required for development and backup purposes provided that such copies contain all of the copyright notices and other proprietary markings contained on the original. d. SOURCE CODE. The source code provided under this agreement and derivatives may be used internally by the CITY for any purpose, but may not be sold, disclosed, or shared with any third party including other government entities. 6. TERMINATION. Without prejudice to any other rights, including the rights provided under section 5 above, CONTRACTOR may terminate this Software License Agreement if CITY fails to comply with the terms and conditions of this Software License Agreement. In such event, CITY must immediately destroy all copies of the Software Products and all component parts. 7. CITY MODIFICATIONS. CITY shall inform CONTRACTOR In writing of any modifications made by CITY to the Software Products or interfaces to the Software Products. Refer to the Software License Agreement for limitations as to CITY rights and use. Until CONTRACTOR accepts CITY modifications into the base code library, CONTRACTOR shall not be responsible for maintaining CITY modifications or software affected by CITY modifications. Corrections for difficulties or defects traceable to CITY's modifications shall be billed at CONTRACTOR'S standard time and material charges. 8. LIMITED WARRANTY. CITY shall receive a limited warranty on Software Products that warrants that the Software Products will perform in accordance with the CITY approved design specification document for a period of one (1) year from the date of delivery. 9. NO OTHER WARRANTIES. To the extent permitted by applicable law, CONTRACTOR disclaims all other warranties, either express or implied, including, but not limited to, Implied warranties of merchantability and fitness for a particular purpose, with regard to the Software Products, and any accompanying hardware. This limited warranty gives the CITY certain legal rights. CITY may have additional rights, which vary from state/jurisdiction to state/jurisdiction. RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE BID PROCESS PURSUANT TO SECTION 2.60.110(B) OF THE NATIONAL CITY MUNICIPAL CODE AND AUTHORIZING THE MAYOR TO EXECUTE A ONE-YEAR SOFTWARE MAINTENANCE AGREEMENT WITH COHERO IN THE TOTAL NOT -TO -EXCEED AMOUNT OF $104,000 TO SUPPORT THE NORTHROP GRUMMAN LAW ENFORCEMENT RECORDS MANAGEMENT SYSTEM WHEREAS, the Law Enforcement Records Management System ("RMS") provides National City Police Department with real-time electronic records related to crime and arrest reports that are processed and uploaded to the San Diego Area Regional Justice Information System ("ARJIS"); and WHEREAS, as of March 1, 2016, Northrop Grumman Systems Corporation will discontinue to provide on -going software maintenance and support for their law enforcement records management system; and WHEREAS, Cohero is a public safety software technology company with expertise in supporting Computer Aided Dispatch (CAD), Law Enforcement Records Management Systems, and Mobile and 911 Systems, and is capable to providing software maintenance for the law enforcement records management system for the not to exceed amount of $104,000; and WHEREAS, it is requested that Council waive the formal bidding requirements as allowed in Chapter 2.60,110(B)(2) and (3) of the Municipal Code, and award a contract to Cohero to provide software maintenance for the records management system because a delay would unduly jeopardize support of Law Enforcement Records Management System (RMS), it has been determined to be competitive within the industry, and no further purpose would be served by issuing a formal bid at this point in the process. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes waiving the bid process pursuant to Section 2.60.110(b)(2) and (3) of the National City Municipal Code. BE IT FURTHER RESOLVED that the City Council hereby authorizes the Mayor to execute a one-year Agreement with Cohero to provide software maintenance for the Northrop Grumman law enforcement records management system for the not to exceed amount of $104,000. PASSED and ADOPTED this 16th day of February, 2016. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CC/CDC-HA Agenda 2/16/2016 — Page 116 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit - National City Host Lions Club 71st Annual Independence Day Carnival sponsored by the National City Host Lions Club at Kimball Park from June 30, 2016 to July 4, 2016. This is a City co -sponsored event per Council Policy No. 804. (N CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING UA[ E. February 16, 2016 AGENDA ITEM NO. [ ITEM TITLE: Temporary Use Permit — National City Host Lions Club 71st Annual Independence Day Carnival sponsored by the National City Host Lions Club at Kimball Park from June 30, 2016 to July 4, 2016. This is a City co -sponsored event per Council Policy No. 804. PREPARED BY: 1Dionisia Trejo ' DEPARTMENTNeighbor PHONE: 619) 336-42551 APPROVED BY: EXPLANATION: This is a request from the National City Host Lions Club to conduct the National City os Lions Club 71st Annual Independence Day Carnival at Kimball Park from June 30, 2016 to July 4, 2016 carnival's hours are as follows: June 30th from 5pm to i 1 pm, July 1st from 5pm to 11 pm, July 2nd from 1 pm to 11 pm, July 3rd from 1pm to 11 pm, and July 4th from 12pm to 12am. The carnival will include carnival rides, games, food booths, talent show, watermelon eating contest, youth activities, community displays and a fireworks show display. Bands and other amateur and professional entertainment will be present. Community Services will collaborate with the City Manager's Office to coordinate and host the Miss National City Pageant on Saturday, July 2, 2016. The applicant requests the use of the City's stage for the carnival and the PA system. s Department V Applicant has requested to close "0" Avenue from E.12th Street to the east entrance of Kimball Park's east parking lot. Closure will be from 6:00 a.m. Monday, June 27, 2016 to 4:00 p.m. Tuesday, July 6, 2016. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS !city fee of $23 .00 for processing the TUP, plus $1,104.00 for the Fire Permits, $15,440.29 for Public Works, and $7,665 for Police Department. Total Fees are $24,446.29 i ENVIRONMENTAL REVIEW: N/AI ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD 1 COMMIbSION RECOMMENDATION: ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. EVENT INFORMATION Type of Event _ Public Concert _Fair Festival _ Community vent _ Parade Demonstration Circus _ Slack Party _ Motion Picture — Grand Opening X Other Carnival Event Title: National City Host Lions Club Annual Independence Day Carnival Event Location: Kimball Park, 1241 and D Avenue RECEIVED DEC 152015 Neighborhood Services department Event Date(s):1=rom 6/30/16 to 07/4/16 City of National City Actual Event Hours: Thurs June 30.5:00pm to 11:00pm, Friday July 1 - 5:00pm to 11:00pm, Sat July 2 - 1:00pm to 11:oopm, Sun July 3, 1:00pm to 11:00pm. Monday Juty 4 - 12:00 to Midnight. Total Anticipated Attendance: 1,000 Participants 20,000 Spectators Setup/assembly/construction Date: Monday, 6/27/2016 Start time: 07:00am Please describe the scope of your setup/assembly work (specific details): Setup carnival tides and booths set-up food and delLbooths. move in stage. set-up and fence off fireworks area move in 40vd dumosters. and port -a -potties. Set up for Miss National City Pageant. Dismantle Date: Mon, Juty 4,11:30pm Completion Time: Wed, July 6, 4:00pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. We will need to close D Avenue from 12m street to the entrance to the Park parking lot Closure will be from 6:00am. Mon. June 27, 2016 to 4:00pm. Tues July 6, 2016 APPLICANT ANT AND SPONSORING ORGANIZATION INFORMATION Sponsoring Organization: National. City Host Lions Club Chief Officer of Organization (Name): Gilbert Sandoval Applicant (Name): Frank Pekarek Address: 814 Mary Court, National City, CA 91950 Day Time: (619 ) 470-8529 Evening Phone (619 ) 470-0680 Fax: (__) E-Mail: SDbottlemanAaol.com Contact Person "on site" day of the event: Brian Cellular: 619-962-9950 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 FEES/PROCEEDS/REPORTING 1 Is your organization a "Tax Exempt, nonprofit" organization? X YES _ NO Are adrnission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): Vendors rent kitchen and deli booths. rent is free to $300.00 YES X NO $ 60,000.00 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 20,000.00 Estimated Expenses for this event. $ 40.000.00 What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? OVERALL EVENT DESCRIPTION ROUTE MAP/SITE DIAGRAM/SANITATION Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. National City Host Lions Club will sponsor the annual Independence I7av Carnival and Fireworks in Kimball Park from Thursday June 30. through Monday July 4th. This event will include, Carnival Rides. Carnival games, Food booths. Talent show. watermelon eating contest, youth activities. Community dplays,_Fireworks display. Bands. And other amateur and professional entertainment. X YES _ NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 OVERALL EVENT DESCRIPTION (continued) YES X NO Does the event involve the sale or use of alcoholic beverages? X YES _ NO will items or services be sold at the event? If yes, please describe: Camival rides & games, and food booths. toys YES X NO Does the event involve a moving route of any kind along streets, sidewalks or highways.? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. X YES Y NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. X YESNO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies 30 Sizes 10' x 10' & 15' x 15' NOTE: A separate Fire Department permit is required for tents or canopies. X YES NO Will the event involve the use of the rgify or your stage or PA system? SPECIFY: Both In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: RAlcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): El Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) Tables* 10 and Chairs # 20 Fencing, barriers and/or barricades Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages. grandstands or related structures Vehicles and/or trailers Sher -related -event -components notoovered-above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be retumed to a clean condition.) Number of trash cans: 20 Trash containers with lids: 0 Describe your plan for clean-up and removal of waste and garbage during and after the event The NC Host Lions Club will provide an additional 40 yd. Dumoster, and the trash cans will be emptied as required and after each day 3 SAFETY/SEl:U RtTY%ACCESSiBIttT1F Please describe your procedures for both Crowd Control and Internal Security: Security Plan will be by NCPD, utilizing the Senior Volunteers. and the Police Explorers YES X NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: To be determined as required by security plan. Security Organization Address: Security Director (Name): Phone: X YES ,T NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Park lights and lights from the carnival rides and booth Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. We will utilize 911 if an emergency occurs. For minor cuts and bruises we will have first aid kits at the Lions Train. and at the Carnival office. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Park grounds and sidewalks. There will be (3) H/C porta-a-potties on site, in additional to Park rest rooms PARKING PLAN/MITIGATION OF IMPACT Please provide a detailed description of your PARKING plan: We will utilize existing street and nearby public parking. Please describe your plan for DISABLED PARKING: We will utilize the handicapped parking spaces at the towers and the public parking lots. Please describe your plans to notify all residents, businesses and churches impacted by the event: _ They will be noted as required NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. 4 ENTERTAINFil1ENT%ATTRACTIONS AND RELATED EVENT ACTIVITIES X YES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: 1 Number of Bands: Type of Music: Mexican. Rock & Roll, and the NC Community Band X YES NO Will sound amplification be used? If YES, please indicate: Start time: 7:0OpmFinish Tirne1l:O0om YES X NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am!'pm Finish Time amipm Please describe the sound equipment that will be used for your event x YES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: General Fireworks display provided by Pvrospectaculars on the 4th of July �_ YES X NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 02/29/12 5 City of National City PUBL_,_, IC PROPERTY US NOLD HARM SS , ND I DE,MNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization National City Host Lions Cil,ib Person in Charge of Activity Frank Pekarek Address 814 Mary Court. National City, CA 91950 Telephone 619.417-8529 Dates) of Use 612912015to 7/81 015 HOLD HARMLESS AcRgEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Xvi." Official-TitleEventC air -person• Frank .Pekarek, President, -National City Host L-ions.Club Date January 13, 2016 For Office Use Only Certificate of Insurance Approved Date 6 0 NA;r;4Atitz, ciVy Liews c64,114u yeri vwfy cdtwi-or—, 1' 6.) 5 • CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: National City Host Lions Club EVENT: National City Host Lions Club Annual Independence Day Carnival DATE OF EVENT: June 30, 2016 to July 4, 2016 APPROVALS: COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS Ix ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: COMMUNITY SERVICES Community Services will collaborate with the City Manager's Office to coordinate and host the Miss National City Pageant on Saturday, July 2, 2016. RISK MANAGER • Provide a valid copy of the insurance certificate wherein the City of National City is a named insured. • That the insurance policy provide a hold harmless and indemnification agreement which must have a combined single limit of no less than $1,000,000.00 (ONE MILLION DOLLARS) that would cover the date of the event. • That the insurance company issuing the insurance policy must have a A.M. Best's Guide Rating of A:VII and that the insurance company is a California admitted company; if not then insurance policy must be submitted to the Risk Management Department for review and approval prior to the issuance of the Tem:Porary_Use Permit _ • Provide an AdditicTial Insured-rdorsefrre-nt namingtI a City of -National City, its officials, agents and employees as an additional insured The Certificate Holder must reflect: City of National City Risk Management Department 1243 National City Boulevard National City, CA. 91950 • Name, address and contact information for the broker providing this insurance policy. 8 DEVELOPMENT SERVICES PLANNING: Lights and/or speakers shall be oriented away from adjacent residential properties. PUBLIC WORKS (619) 336-4580 PARKS DIVISION 1. The event organizers shall provide nighttime security for the park and City equipment for the duration of the event. 2. The event organizers shall provide a trash dumpster for the event. 3. The event organizers shall provide 20 portable toilets. 4. The cost to provide park maintenance personnel for these events are estimated to be $ 15,044.94 • Event Overtime Hours 243 hours @ ($46.58hr) staff will work every night and day during event $ 11,318.94 • Clean regular hours 80 hours ($31.05hr) $ 2,484.00 clean up park on Tuesday July 5th after event 8 staff 10 hours each. • Set-up on Wednesday June 29th five staff (4) hours normal hourly rate 20hrs ($31.05) $621.00 • Break -down 4 hours @ ($155.25hr) five staff $621.00 stage break down 4 hour minimum regular time. Thursday June 30th from 5:00 pm = 11:00 pm three staff (18hrs) OT • Friday July 1st from 7 am - 3:30 pm two staff (17hrs) OT • Friday July 1 st from 5:00pm - 11:00 pm three staff (18hrs) OT • Saturday July 2nd from 7:00 am - 3:30 pm four staff (34hrs) OT • Saturday July 2nd from 3:30 am - 11:00 pm three staff (25hrs) OT S relay i y 3.rd from 7:00 am 3 30 pm four staff (34hrs) OT v ai��:.uJ Va: �D .:� r � • Sunday July 3rd from 3:30 pm - 11:00 three staff (25.5hrs) OT • Monday July 4th from 7:30 am - 3:30 pm four :tiff (34hrs) OT Monday July 4th from 3:30 pm - 12:00 am five staff (37.5hrs) OT Tuesday July 5th from 6:00am - 4:30 pm eight staff (80hrs) Regular time 9 STREET DIVISION 1. Staff will post No Parking signs along affected streets before the event. 2. Staff will barricade affected streets and remove them at the conclusion of the event. 3. The cost to provide street personal support for this event is estimated to be $395.35 Standard Hrs. 6 X $32.57 $ 195.42 No Parking sins 45 X $ 0.45 $ 20.25 Equipment 4 X $19.09 $ 76.36 Barricades 16 X $ 0.35 $ 5.60 Overtime 2 X $48.86 $ 97.72 Total $ 395.35 FINANCE All vendors will need a business license. The Lions Club should submit a list of all vendors to me at least two weeks before the event. All Food vendors will need a Business License plus Health Permit. FIRE (619) 336-4550 INSPECTION REQUIRED Total fee amount for all Fire Department permits is one thousand one hundred four dollars ($1,104.00) dollars. Fees can only be waived by City Council. Stipulations required by the Fire Department for this event are as follows: 1) Fire Department Permit is required for the fireworks display. Permit to be requested and all necessary information provided to the Fire Department a minimum of 14 days prior to the event. Permit fee is five hundred two ($502.00) dollars. Fees can only be waived by the City Council. 21 Fireworks display operations shall be under the direct supervision of a pyrotechnic operator. Pyrotechnic operator shall possess a valid pyrotechnic operator license. 3) Minimum six hundred ($602.00) dollar after hour inspection fee is required for all Fire Safety Inspections taking place after hours, weekends and holidays. Additional hours after the first two hours shall be billed at $301.00 per hour. 4) If tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant treated with an 10 approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval fir cooking. Certificate of State Fire Marshal flame resistancy shall be provided to the National City Fire Department if applicable. A permit for the projected canopies/tents shall be four hundred ($400.00) dollars. Fees can only be waived by City Council. Canopies: Tents: 0 400 sf - $0 401 F- 500 sf - $250.00 501 — 600 sf - $300.00 601 — 700 sf - $400.00 0 --200 sf - $200.00 201 — (+) sf - $400.00 5) All cooking booths to have one 2A:10BC. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. All fire extinguishers to have a current State Fire Marshal Tag attached. 6) Provide metal cans with lids and label "HOT COALS ONLY" for used charcoal disposal. 7) A fire safety inspection is to be conducted by the Fire Department prior to operations of the carnival. Inspection to include all rides, cooking area, game booths, etc. 8) Fire safety inspection is to be conducted by the Fire Department of the deeigr ted fireworks display area prior to display being conducted. 9) Fire Department access into and through the booth areas are to be maintained at all times. 10) Access to Morgan and Kimball Towers to be maintained at all times, to -boar entrances Fire Department- -connections -for -sprinkles systems, standpipes, etc. 11) Access into, park from D Ave is rewired. Currently .blocked by new angled parking JEnc ineerinc fPubllc Works 12) Fire Hydrants surrounding park shall not be blocked or obstructed. 13) Site map indicating access points, booth layout, fireworks display area and fireworks fallout area is required. Fireworks contractor shall submit all California State documents necessary for fireworks demonstration. 11 Note: Total fee amount for all Fire Department permits is one thousand one hundred four dollars ($1,104.00) dollars. POLICE (619) 336-4400 The National City police Department traditionally provides security and traffic control for this event. The applicant lists Explorer Scouts and Senior Volunteers as being utilized for the Security Plan. Explorers and Senior Volunteers are not authorized or trained to perform security or enforcement functions. They are volunteers who assist the police department with non -enforcement duties such as traffic control and community public relations. Based on the dates and days of the event for 2016 the Police Department will use on -duty, shift adjustments and reserve police officers as much as possible to staff the event and limit costs and use of overtime. Police Officers and Reserves with the assistance of Explorer Scouts will provide public safety and traffic control for each day of the event. A detailed plan will be developed and submitted for approval by the Field Operations Captain, Capt. Espiritu that provides adequate staffing for the anticipated crowd attendance each day of the event, Thursday June 30th thru Monday, July 4th. The NPT-1 Day Watch Commander, Lt. Alex Hernandez, will be in charge of the police Department planning and response for the event and the primary point of contact. Last year the event incurred approximately 12U hours of police overtime, primarily on Saturday and Sunday the 4th of July. This year's event will cover a full weekend in addition to Monday the 4th of July, so there will be an additional busy day with expected large crowds to staff for. Therefore 1 am estimating a need to add 10 additional hours of overtime for staffing slots that can't be filled with on -duty or shift adjustments, for a total of 130 OT hours. Using current Step E police officer time and half pay rate at $58.95 per hour x 130 hours the estimate overtime costs total is $79655. (Note: the Police Officers Association is currently in negotiations with the City for a new labor contract. Should the contract include pay raises that go into effect prior to the July 4th event, the new contract may add to the overtime cost estimate). CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. 12 CC/CDC-HA Agenda 2/16/2016 — Page 130 The following page(s) contain the backup material for Agenda Item: Investment Report for the quarter ended December 31, 2015. (Finance) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 16, 2016 AGENDA ITEM NO. ITEM TITLE: Investment Report for the quarter ended December 31, 2015. PREPARED BY: Ronald Gutlay PHONE: 619-336-4346 EXPLANATION: See attached staff report. DEPARTMENT: Financ APPROVED BY: FINANCIAL STATEMENT: APPROVED: ,,4, , - - Finance ACCOUNT NO. APPROVED: MIS See attached staff report. ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Accept and File the Investment Report for the Quarter ended December 31, 2015. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Staff Report 2. investment Listings CALIFORNtA.— MEAL � L Car XICCORPOIRATSD City Council Staff Report February 16, 2016 ITEM Staff Report: Investment Report for the quarter ended December 31, 2015. BACKGROUND The California Government Code (§ 53646(b)) requires that, when the treasurer or the chief fiscal officer of a local agency renders to the legislative body of the agency a quarterly report on the agency's investment portfolio, such report shall include the following information regarding all securities, investments, and moneys held by the local agency: type of investment; +� issuer (bank or institution); y date of maturity; dollar amount invested; and y current market valuation as of the date of the report. In addition, the Government Code (§ 53646(b)(2)) requires that the report state the City's compliance with its investment policy and include a statement regarding the ability of the local agency to meet its pool's ability to meet its expenditure requirements Code (§ 53646(b)(3)). OVERVIEW OF CITY INVESTMENTS The City's pooled investment portfolio balance as of December 31, 2015 is summarized below and compared to the balance as of December 31, 2014. 12/31/2015 12/31/2014 Book Value 1 $ 55,191,905 $ 53,539,213 Market Value 2 $ 55,021,553 $ 53,350,745 (1) actual cost of investments (2) amount at which the investments could be sold The California Treasurer's Local Agency Investment Fund ("LAIF") and The County of San Diego Pooled Money Fund comprise 59.32% of the City of National City's total investment portfolio (50.15% and 9.17%, respectively). These are liquid investment pools that allow participants to earn market rate returns, while retaining access to funds within 24 to 48 hours of a withdrawal request with no penalty. The remainder of the City's portfolio is composed of investments that may be liquidated at any time. However, these investments likely do not Page 2 Staff Report: Investment Report for the quarter ended December 31, 2015. February 16, 2016 provide the short liquidity (i.e., quick access to funds) of the pooled money funds, and liquidation/withdrawal of these investments is at the risk of loss and/or penalty to the City. Summaries of the City's investment portfolio are illustrated below. INVESTMENT PORTFOLIO SUMMARY BY ISSUER/MANAGER As of December 31, 2015 Issuer/Manager Local Agency lneestment Fund Chandler Asset Management County of San Diego Totals for December 2015 Total Market %of Book Value Market Value' YTM Portfolio 27,590,633 $ 27,595,809 2 0.40% 50.15% 22,534,303 $ 22,381,744 1.12% 40.68% 5,066,969 $ 5,044,000 0.67% 9.17% 55,191,905 55,021,553 100.00% 1 includes accrued interest 2 calculated on 30/360 basis TOTAL MARKET VALUE $55,021,553 County of San Dtego $5,044,000 Chandler Asset Management $22,381.744 Local Agency Investment Fund $27,595,809 Page 3 Staff Report: Investment Report for the quarter ended December 31, 2015. February 16, 2016 Issuer/Manager INVESTMENT PERFORMANCE BY ISSUER/MANAGER For the Quarter Ended December 31, 2015 Total Market Value' 9/30115 12/31/15 Change Yield (Net) 3 Local Agency Investment Fund $ 31,609,403 , $ 27,595,809 $ _ (4,013,594)- 2 . 0.27% Chandler Asset Management 22,471,892 : 22,381,744 $ (90,148) 0.54% County of San Diego 5,058,000 5,044,000 $ (14,000). 0.67%. Totals for December 31, 2015 $ 59,139,295 $ 55,021,553 $ (4,117,742) ' includes accrued interest 2 Withdrawals 11/12/15 $2,000,000 & 12/1 15 $2,000,000 ' Annualized COMPLIANCE STATEMENT All of the City's investments are in compliance with the City's investment policy (City Council Policy No. 203) and the California Government Code (§ 53601 et seq). FINANCIAL STATEMENT Realized and unrealized gains/(losses) for the period, reflected below, were $38,045. These changes include changes in security market values, gain/(loss) from the sale of assets, accrued interest, and reinvested interest/earnings. issuer/Manager Gain/(Loss) Chandler Asset Management 4,327 County of San Diego 6,109 LAIF 27,608 Totals for December 31, 2015 $ 38,045 The difference between the changes reflected in the previous two tables is attributable to the purchase and sale of securities for which the first of the tables accounts but the second table typically does not (unless an investment is sold before maturity). STAFF CERTIFICATION Staff certifies that there are sufficient funds to meet the pool's expenditure requirements. RECOMMENDATIONS Accept and file the Investment Report for the quarter ended December 31, 2015. LAIF Regular Monthly Statement Page 1 of 1 Local Agency Investment Fund P.O. Box 942809 Sacramento, CA 94209-0001 (916) 653-3001 CITY OF NATIONAL CITY FINANCE DIRECTOR 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4397 PMIA Average Monthly Yields Account Number: 98-37-576 r.:n_vpe Debbitions www.treasurer.ca.gov/mnia-laif/laif.asn January 26, 2016 December 2015 Statement Effective Transaction Tran Confirm Date Date TYPe Number Authorized Caller Amount 12.'1/2015 12.'1/2015 RW 1486143 JAVIERCARCAMO -2,000,000.00 Account Summary Total Deposit: 0.00 Beginning Balance: 29,590,632.92 Total Withdrawal: -2,000,000.00 Ending Balance: 27,590,632.92 https://laifms.treasurer.ca.gov/RegularStatement.aspx 1/26/2016 LAIF Regular Monthly Statement Page 1 of 1 Local Arley Illvestrzier: d P.G. 7 , 9•428:J9 /fi S acra_I:czto, CA 9.1209-1401 (91C) +5S3witl� 1. CITY OF NATIONAL CITY FINANCE DIRECTOR 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4397 Account Number: 98-37-576 Lem:: _.6'f'; �0 :?�F:c l "l" -�fl .'.'I: Y".:i5'-''f,;.�} DeceILLber 15, 2015 November 2015 Statement Effective Transaction Tran Confirm Date Date Type Number Authorized Caller Amount 11/I2/2015 11/12/2015 RW 1485032 JAVIER CARCAMO -2,000,000,00 Account Summary Total Deposit: 0.00 Beginning Balance: 31,590,632.92 Total Withdrawal: -2,000,000.00 Ending Balance: 29,590,632.92 https://laifrns.treasurer.ca.gov/RegularStatement.aspx 12/15/2015 LAIF Regular Monthly Statement Page 1 of 1 AtieMc t;ive71.1nci:c :rind P.O. I; )31 942809 Srccra-nc:itG, CA 9420940 (1,'16) ::33-301. CITY OF NATIONAL CITY FINANCE DIRECTOR 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4397 Account Number: 98-37-576 November 16, 2015 October 2015 Statement Effective Transaction Tran Confirm Date Date Type Number Authorized Caller Amount 10/15/2015 10/14/2015 QRD 1480893 SYSTEM 25,415.37 Account Summary Total Deposit: 25,415.37 Beginning Balance: 31,565,217.55 Total Withdrawal: 0.00 Ending Balance: 31,590,632.92 https://laifms.treasurer.ca.govlRegularStatement.aspx 11/16/2015 CM! CHANDLER ASSLT i`'1AN,:ACEMEINT Monthly Account Statement City of National City December 1, 2015 through December 31, 2015 Chandler Team For questions about your account, please call (800) 317-4747 or Email operations@chandlerasset.com Custodian Bank of New York Mellon Trust Company Kitty Kwong (213)630-6279 Information contained herein is confidential. We urge you to compare this statement to the one you receive from your qualified custodian. Prices are provided by 1DC, an independent pricing source. City of National City Account#10162 Portfolio Summary As of 12/31/2015 PORTFOLIO CHARACTERISTICS ACCOUNT SUMMARY TOP ISUERS Average Duration Average Coupon Average Purchase YTM Average Market YTM Average S&P/Moody Rating Average Final Maturity Average Life 1.87 1.23 % 1.03 % 1.12% AA+/Aaa 1.91 yrs 1.91 yrs SECTOR ALLOCATION Money Market Fund FI (0.1%) Us Corporate (9.7%) Us Treasury (26.8 %) Market Value Accrued Interest Total Market Value Income Earned Cont1WD Par Book Value Cost Value Beg. Values as of 11/30/15 22,345,018 60,752 22,405,769 22,505 22,347,134 22,535,301 22,535,301 End Values as of 12/31 /15 22,315,882 65,863 22,381,744 22,621 -1,721 22,369,865 22,534,303 22,534,303 MATURITY DISTRIBUTION 35% 30% 25% 20% 15% 10% 5% -5o,v 'b 4-5 5+ Maturity (Yrs) Issuer % Portfolio Government of United States 26.8 % Federal Home Loan Mortgage Corp 19.1 % Federal National Mortgage Assoc 18.6 % Federal Home Loan Bank 13.2 % Federal Farm Credit Bank 12.4 % Berkshire Hathaway 1.3 % General Electric Co 1.2 % Wells Fargo Corp 1.2 % 93.9 % CREDTT QUALITY (S&P}: AA (94.9 %) PE RfRfNC-R:VtEW Total Rate of Return As of 12/31 /2015 Current Month Latest Year 3 Months To Date 1 Yr Annualized 3 Yrs Since 5 Yrs 10 Yrs 2/29/2012 2/29/2012 City of National City -0.10% -0.38% 0.54% 0.54 % 0.49 % N/A N/A 0.55 % 2.12 % BAML 1-3 Yr US Treasury/Agency Index -0.10 % -0.43 % 0.56 % 0.56 % 0.52 % N/A N/A 0.53 % 2.04 % Chandler Asset Management - CONFIDENTIAL Page 1 Execution Time: 1/4/2016 9:02:28 PM cA' City of National City December 31, 2015 COMPLIANCE WITH INVESTMENT TMENT POLICY Assets managed by Chandler Asset Management are in full compliance with State law and with the City's investment policy. Category Standard Comment Local Agency Bonds No Limitation; BBB rated equivalent by a NRSRO Complies Treasury Issues No Limitation Complies Agency Issues No Limitation Complies f Banker's Acceptances 40% maximum; <180 days maturity; A-1 rated equivalent by at least two NRSROs Complies Commercial Paper * 25% maximum; <270 days maturity; A-1 rated equivalent by at least two NRSROs Complies Negotiable Certificates of Deposit * 30% maximum; A rated equivalent by at least two NRSROs Complies Medium Term Notes * 30% maximum; A rated equivalent by at least two NRSROs Complies *10% combined total exposure to Commercial Paper, Negotiable Certificates of Deposit, and Medium Term Notes Money Market Mutual Funds 20% maximum; rated AAA equivalent by at least two NRSROs Complies Mortgage Pass-throughs, CMOs and Asset Backed Securities 20% maximum; AA -rated issue; A -rated issuer Complies Local Agency Investment Fund - L.A.I.F. Currently not used by investment adviser Complies Prohibited Securities Inverse floaters; Ranges notes, Interest- only strips from mortgaged backed securities; Zero interest accrual securities Complies Issuer Maximum 5% per issuer for all non -government issuers Complies Maximum maturity 5 years Complies . City of National City Account #10162 Reconciliation Summary As of 12/31 /2015 BOOK VALUE RECONCILJATJON T $22,535,300 50 Beginning Book Value Acauisition + Security Purchases $1,118,058.00 + Money Market Fund Purchases $1,111,798.31 + Money Market Contributions $600.00 + Security Contributions $0.00 + Security Transfers $0.00 Total Acquisitions $2,230,456.31 Dispositions - Security Sales $0.00 - Money Market Fund Sales $1,122,346.54 - MMF Withdrawals $2,321.00 - Security Withdrawals $0.00 - Security Transfers $0.00 - Other Dispositions $0.00 - Maturites $1,090,000.00 - Calls $0.00 - Principal Paydowns $0.00 Total Dispositions $2,214,667.54 Amortization/Accretion +/- Net Accretion $0.00 $0.00 Gain/Loss on Dispositions +/- Realized Gain/Loss ($16,786.30) ($16,786.30) Ending Book Value $22.534,302.97 CASH TRANSACTION SUMMARY $32,i33.79 BEGINNING BALANCE Acquisition Contributions $600.00 Security Sale Proceeds $0.00 Accrued Interest Received $0.00 Interest Received $21,797.70 Dividend Received $0.61 Principal on Maturities $1,090,000.00 interest on Maturities $0.00 Calls/Redemption (Principal) $0.00 Interest from Calls/Redemption $0.00 Principal Paydown $0.00 Total Acquisitions $1,112,398.31 Disposition Withdrawals $2,321.00 Security Purchase $1,118,058.00 Accrued Interest Paid $4,288.54 Total Dispositions $1,124,667.54[ Ending Book Value $19,864.56 Chandler Asset Management - CONFIDENTIAL Page 3 Execution Time: 1/4/2016 9:02:28 PM City of National City l Account #1 O162 Holdings Report As of 12/31/15 Piirctta5e Data. Cl1SIP Security Dent ij Per VOIue1Unats Baok Yield Cott'Vo-itte Mkt Price = oe Alf kl YTM' hlbarkett; .410 AGENCY 3133ECFV1 FFCB Note 0.43% Due 1/29/2016 515,000.00 02/25/2013 0.44 % 514,902.15 514,902.15 100.01 0.36 % 515,027.30 935.01 2.31 % Aaa / AA+ 125.15 AAA 0.08 0.08 3133EAJU3 FFCB Note 1.05% Due 3/28/2016 340,000.00 03/11/2013 0.46 % 346,079,20 346,079.20 100.15 340,518.84 1.53 % Aaa / AA+ 0.24 0.42 % 922.25 (5,560.36) AAA 0.24 3135G0BA0 FNMA Note 2.375% Due 4/11/2016 375,000.00 02/24/2012 0.86% 397,993.13 397,993.13 100.52 376,941.75 1.69 % Aaa / AA+ 0.28 0.51 % 1,979.17 (21,051.38) AAA 0.28 3137EACT4 FHLMC Note 2.5% Due 5/27/2016 375,000.00 03/20/2012 395,804.63 1.14 % 395,804.63 100.77 377,884.50 1.69 % Aaa / AA+ 0.41 0.60 % 885.42 (17,920.13) AAA 0.40 3137EACW7 FHLMC Note 2% Due 8/25/2016 575,000.00 01/09/2013 604,762.00 0.56 % 604,762.00 100.80 579,627.60 2.61 % Aaa / AA+ 0.65 0.76 % 4,025.00 (25,134.40) AAA 0.64 31331V3Z7 FFCB Note 5.2% Due 9/15/2016 365,000.00 06/22/2012 430,134.25 0.88 % 430,134.25 103.10 376,314.27 1.71 % Aaa / AA+ 0.71 0.78 % 5,588.56 (53,819.98) MA 0.69 3137EADS5 FHLMC Note 0.875% Due 10/14/2016 480,000.00 11/14/2013 0.64% 483,316.80 483,316.80 100.07 480,354.72 2.15 % Aaa / AA+ 0.79 0.78 % 898.33 (2,962.08) AAA 0.78 313371PV2 FHLB Note 1.625% Due 12/9/2016 480,000.00 02/29/2012 494,668.80 0.97 % 494,668.80 100.74 483,550.08 2.16 % Aaa / AA+ 0.94 0.83 °% 476.67 (11,118.72) AAA 0.93 3135G0GY3 FNMA Note 1.25% Due 1/30/2017 400,000.00 09/17/2012 409,328.00 0.71 % 409,328.00 100.38 401,500.00 1.80 % Aaa / AA+ 1.08 0.90 % 2,097.22 (7,828.00) AAA 1.07 3137EADCO FHLMC Note 1% Due 3/8/2017 535,000.00 08/20/2012 538,386.55 0.86 % 538,386.55 100.08 535,443.52 2,40 % Aaa / AA+ 1.19 0.93 % 1,679.31 (2,943.03) AAA 1.17 3133EFAN7 FFCB Note 0.75% Due 4/24/2017 550,000.00 09/23/2015 0.63 % 551,045.00 551,045.00 99.58 547,675.70 2.45 % Aaa / AA+ 1.32 1.07 % 767.71 (3,369.30) AAA 1.30 313379DD8 FHLB Note • 1% Due 6/21/2017 565,000.00 03/14/2014 566,553.75 0.91 % 566,553.75 99.94 1.04 % 564,687.56 156.94 2.52 % Aaa / AA+ 1.47 (1,866.19) AAA 1.46 3135G0MZ3 FNMA Note 0.875% Due 8/28/2017 545,000.00 08/15/2013 1.32 % 535,429.80 535,429.80 99.66 543,143.19 2.43 % Aaa / AA+ 1.66 1.08 % 1,629.32 7,713.39 .AAA 1.64 3137EADLO FHLMC Note 1% Due 9/29/2017 525,000.00 09/23/2015 527, 709.00 0.74 % 527,709.00 99.72 523,554.15 2.35 % Aaa / AA+ 1.75 1.16 % 1,341.67 (4,154.85) .AAA 1.72 3135G0RT2 FNMA Note 0.875% Due 12/20/2017 350,000.00 07/31/2015 350,044.80 0.87 % 350,044,80 99.52 1.12 % 348,320.70 93.58 1.56 % Aaa / AA+ 1.97 (1,724.10) .AAA 1.95 3137EADN6 FHLMC Note 0.75% Due 1/12/2018 490,000.00 07/28/2014 480,954.59 1.30 % 480,954.59 99.20 486,056.48 2.18 % Aaa / AA+ 2.04 1.15 °% 1,725.21 5,101.89 AAA 2.00 3135G0TG8 FNMA Note 590,000.00 12/11/2013 0.875% Due 2/8/2018 1.31 % 579,757.60 579,757.60 99.34 586,129.60 2.63 % Aaa / AA+ 2.11 1.19 % 2,050.66 6,372.00 AAA 2.07 3137EADP1 FHLMC Note 0.875% Due 3/7/2018 400,000.00 02/26/2015 397,552.00 1.08 % 397,552.00 99.30 397,193.20 1.78 % Aaa / AA+ 2.18 1.20 % 1,108.33 (358.80) AAA 2.15 313378A43 FHLB Note 470,000.00 09/17/2013 464,472.80 1.375% Due 3/9/2018 1.65 % 464,472.80 100.31 471,476.27 2.12 % Aaa / AA+ 2.19 1.23 % 2,010.56 7,003.47 AM 2.14 3130A4GJ5 FHLB Note 1.125% Due 4/25/2018 450,000.00 Various 451,689.00 1.00 % 451,689.00 99,74 448,826.85 2.01 % Aaa / AA+ 2.32 1.24 % 928.13 (2,862.15) AAA 2.27 Chandler Asset Management - CONFIDENTIAL Page 4 Execution Time: 1 /4/2016 9:02:28 PM i I City of National City , Account #10162 Holdings Report As of 12/31/15 Purchas 17atd Coslluo CUSItr Sgturatyr Desce ptl4tl Par YaluJBIUni1 , Book -Yield Boa14 Va11 e Mkt Pike Market Value 'y„ of Fort. Moody153,1P Matutl ly MkI YTM Accrued Int. Gaun/Loss' Fitch I}i,ratiort AGENCY 3133EEJ50 FFCB Note 1.03% Due 5/11/2018 450,000.00 05/05/2015 1.09% 449,145.00 449,145.00 99.37 1.30 % 447,153.30 643.75 2.00 °% Aaa / AA+ (1,991.70) AAA 2.36 2.32 3135G0WJ8 FNMA Note 0.875% Due 5/21/2018 450,000.00 05/05/2015 447,472.80 1.06 % 447,472.80 99.06 445,781,70 1.99 % Aaa / AA+ 2.39 1.27 % 437.50 (1,691.10) AAA 2.35 3135G0E33 FNMA Note 1.125% Due 7/20/2018 450,000.00 Various 449,689.56 1.15 % 449,689.56 99.59 448,164.45 2.01 % Aaa / AA+ 2.55 1.29 °% 2,264.06 (1,525.11) AAA 2.49 3135G0YT4 FNMA Note 1.625% Due 11/27/2018 440,000.00 08/31 /2015 1.18 % 446,141.96 446,141.96 100.73 443,202.32 1.98 % Aaa / AA+ 2.91 1.37 % 675.28 (2,939.64) AAA 2.83 3133EFSJ7 FFCB Note 550,000.00 12/10/2015 1.3% Due 12/14/2018 1.34 % 549,279.50 549,279.50 99.63 547,981.50 2.45 % Aaa / AA+ 2.96 1.43 % 337.64 (1,298.00) AAA 2.88 3133782M2 FHLB Note 1.5% Due 3/8/2019 440,000.00 05/28/2015 443,207.60 1.30 % 443,207.60 99.94 439,714.88 1.97 % Aaa I AA+ 3.19 1.52 % 2,071.67 (3,492.72) AAA 3.09 3137EADK2 FHLMC Note 1.25% Due 8/1/2019 450,000.00 05/05/2015 446,149.35 1.46 °% 446,149.35 98.89 444,995.10 2.00 % Aaa / AA+ 3.59 1.57 % 2,343.75 (1,154.25) AAA 3.47 313380FB8 FHLB Note 1.375% Due 9/13/2019 540,000.00 Various 536,816.60 1.52 % 536,816.60 98.82 533,607.48 2.39 % Aaa / AA+ 3.70 1.71 % 2,227.50 (3,209.12) NR 3.57 3137EADM8 FHLMC Note 1.25% Due 10/2/2019 450,000.00 05/05/2015 444,822.75 1.52 % 444,822.75 98.64 443,866.05 1.99 % Aaa / AA+ 3.76 1.63 % 1,390.63 (956.70) AAA 3.64 3135G0D75 FNMA Note 1.5% Due 6/22/2020 575,000.00 12/17/2015 568,778.50 1.75 % 568,778.50 98.75 1.79% 567,840.10 215.63 2.54 % Aaa / AA+ (938.40) AAA 4.48 4.30 Total Agency 14,170,000.00 1.06 % 14,302,087.47 14,302,087.47 14,146,533.16 63.40 % Aaa / AA+ 1.12 % 43,906.46 (155,554.31) Aaa 1.94 1.90 MONEY MARKET FUND FI 60934N807 Federated Govt Oblig Fund Inst. 19,864.56 Various 0.01 % 19, 864.56 1.00 19,864.56 0.01 % 19,864.56 0.09 % Aaa / AAA 0.00 0.00 0.00 AAA 0.00 Total Money Market Fund FI 19,864.56 19,864.56 0.09 % Aaa /AAA 0.00 19,864.56 0.01 `° 19,864.56 0.01 % 0.00 0.00 Aaa 0.00 US CORPORATE 037833AH3 Apple Inc Note 0.45% Due 5/3/2016 240,000.00 06/17/2014 239,527.20 0.56 % 239,527.20 99.97 239,916.00 1.07 % Aa1 /AA+ 0.34 0.55 % 174.00 388.80 NR 0.34 084670BD9 Berkshire Hathaway Note 1.9% Due 1/31/2017 285,000.00 06/17/2014 291,429.60 1.02 % 291,429.60 100.87 287,472.95 1.29 % Aa2 / AA 1.09 1.09 % 2,271.29 (3,956.65) A+ 1.06 91159HHD5 US Bancorp Callable Note Cont 250,000.00 05/19/2014 254,227.50 100.30 250,755.50 1.12 % Al /A+ 1.37 4/15/2017 1.07 % 254,227.50 1.41 % 527.08 (3,472.00) AA 1.27 1.65% Due 5/15/2017 36962G6K5 General Electric Capital Corp Note 270,000.00 11/24/2014 1.6% Due 11/20/2017 1.32 % 272,208.60 272,208.60 100.65 271,753.92 1.22 % Al / AA+ 1.89 1.25 °% 492.00 (454.68) NR 1.85 Chandler Asset Management - CONFIDENTIAL Page 5 Execution Time: 1/4/2016 9:02:28 PM City of National City Account #10162 Holdings Report As of 12/31/15 .CiJSiP Description WrCha0.0 Date Cast +k+altHe Mkt PriCe MarlRct V;1lu@ % el Peel Merody(S$P rldiatkithY. VaruoIUnris tiloolt Yield Baotti Value Mitt M Accrued int Gain/Lass Fitch duration US CORPORATE 166764AA8 Chevron Corp Callable Note Cont 11/5/17 1.104% Due 12/5/2017 260,uu0.00 05/19/2U14 1.14 % 269, /U3.(iIf 259,703.60 99.31 1.48 % 269,212.24 207.31 1.15 To Aa1 I AA (1,491.36) NR 1.93 1.82 94974BFG0 Wells Fargo Corp Note 1.5% Due 1/16/2018 270,000.00 11/24/2014 1.58 % 269,365.50 269,365.50 99.57 268,849.80 1.21 % A2 / A 2.05 1.71 % 1,856.25 (515.70) AA- 1.99 808513AK1 Charles Schwab Corp Callable Note 250,000.00 04/07/2015 251,547.50 Cont2/10/2018 1.28 % 251,547.50 1.5% Due 3/10/2018 99.51 1.74 % 248,778.25 1,156.25 (2,769.25) A 1.12% A2/A 2.19 2.05 747525AG8 Qualcomm Inc Note 1.4% Due 5/18/2018 220,000.00 06/16/2015 1.53 % 219,205.80 219,205.80 99.14 218,118.56 0.98% Al/A+ 2.38 1.77 % 350.78 (1,087.24) NR 2.33 594918BF0 Microsoft Note 1.3% Due 11/3/2018 130,000.00 10/29/2015 1.33 % 129,870.00 129,870.00 99.82 129,767.95 0.58 % Aaa / AAA 2.84 1.36 % 272.28 (102.05) AA+ 2.77 Total US Corporate 2,175,000.00 1.19 % 2,187,085.30 2,187,085.30 2,173,625.17 9.74 % Ai / AA- 1.72 1.37 % 7,307.24 (13,460.13) AA- 1.65 US TREASURY 912828UM0 US Treasury Note 500,000.00 11/14/2013 0.375% Due 2/15/2016 0.36 % 500,216.52 500,216.52 100.00 500,000.00 2.24 % Aaa / AA+ 0.13 0.38 % 708.22 (216.52) AAA 0.12 912828QA1 US Treasury Note 2.25% Due 3/31/2016 500,000.00 12/14/2012 530,431.36 0.38 % 530,431.36 100.45 502,226.50 2.26 % Aaa / AA+ 0.25 0.45 % 2,858.61 (28,204.86) AAA 0.25 912828WX4 US Treasury Note 0.5% Due 7/31/2016 400, 000.00 11/16/2015 0.49 % 400,016.97 400,016.97 99.93 399,734.40 1.79 % Aaa / AA+ 0.58 0.61 % 836.96 (282.57) AAA 0.58 912828RF9 US Treasury Note 1% Due 8/31/2016 570,000.00 10/12/2012 0.48 ° 581,357.38 581,357.38 100.20 571,157.67 2.56 % Aaa / AA+ 0.67 0.69 % 1,926.10 (10,199.71) AAA 0.66 912828SY7 US Treasury Note 500,000.00 03/14/2014 496,290.74 0.625% Due 5/31/2017 0.86 % 496,290.74 99.56 0.94 % 497,793.00 273.22 2.23 % Aaa / AA+ 1.42 1,502.26 AAA 1.40 912828UU2 US Treasury Note 0.75% Due 3/31/2018 520,000.00 09/03/2014 510,637.68 1.27 % 510,637.68 99.11 515,348.60 2.31 % Aaa / AA+ 2.25 1.15 % 990.98 4,710.92 AAA 2.22 912828UZ1 US Treasury Note 415,000.00 Various 411,180.30 0.625% Due 4/30/2018 0.92 % 411,180.30 98.71 409,666.42 1.83 % Aaa / AA+ 2.33 1.19 % 441.79 (1,513.88) AAA 2.30 912828VK3 US Treasury Note 1.375% Due 6/30/2018 400,000.00 02/26/2015 402,954.47 1.15 % 402,954.47 100.39 401,578.00 1.79 % Aaa /AA+ 2.50 1.21 % 15.11 (1,376.47) AAA 2.45 912828XK1 US Treasury Note 450,000.00 07/31/2015 0.875% Due 7/15/2018 0.99 % 448,560.10 448,560.10 99.10 445,939.65 2.00 % Aaa / AA+ 2.54 1.24 % 1,818.95 (2,620.45) AAA 2.49 912828L40 US Treasury Note 1% Due 9/15/2018 450,000.00 10/29/2015 1.03 % 449,667.52 449,667.52 99.29 446,800.95 2.00 % Aaa / AA+ 2.71 1.27 % 1,335.16 (2,866.57) AAA 2.65 912828SD3 US Treasury Note 1.25% Due 1/31/2019 400,000.00 04/29/2015 401,095.09 1.18 % 401,095.09 99.66 398,656.40 1.79 % Aaa / AA+ 3.09 1.36 % 2,092.39 (2,438.69) AAA 3.00 912828ST8 US Treasury Note 450,000.00 Various 449,676.31 1.25% Due 4/30/2019 1.27 % 449,676.31 99.36 447,134. 86 2.00 % Aaa / AA+ 3.33 1.45 % 958.10 (2,541.45) AAA 3.24 Chandler Asset Management - CONFIDENTIAL Page 6 Execution Time: 1/412016 9:02:28 PM City of National City Account #10162 Holdings Report As of 12/31 /15 CUSP • Setortty'1' eStOpt1aa Por'ob use Dale ar Vaiuell/O1ts Book Y.E Id Cost Valtro Souk Value Mkt Ptic.e- M1 YTM Markel Y toe ", of Port /yloodyPSS:P Maturity Actri400k. Gelnitoss itch >4FFr111on US TREASURY 912828UB4 US Treasury Note 1% Due 11/30/2019 450,000.00 10/29/2015 1.38 % 443,181.20 443,181.20 97.74 1.60 % Total US Treasury 6,005,000.00 0.88 % 6,025,265.64 6,025,265.64 1.02 ° 439,822.35 393.44 5,975,858.80 14,649.03 1.97 % Aaa / AA+ (3,358.85) AAA 26.77 ° Aaa / AA+ (49,406.84) Aaa 3.92 3.81 1.91 1.87 TOTAL PORTFOLIO 22,369,864.56 1.03 % 22,534,302.97 22,534,302.97 22,315,881.69 100.00 % Aaa / AA+ 1.12 % 65,862.73 (218,421.28) Aaa 1.91 1.87 TOTAL MARKET VALUE PLUS ACCRUED 22,381,744.42 Chandler Asset Management -.CONFIDENTIAL Page 7 Execution Time: 1/4/2016 9:02:28 PM COUNTY OF SAN DIEGO INVESTMENT POOL TREASURY INVESTMENT RESULTS DEC 2015 Co,,nty of San D gc Tr€asur r-Tax Collector i 1600 P c,rfic Hwy, San Diego, CA 92101 I we w sdtrea ax.c rn PARTICIPANT CASH BALANCES PARTICIPANT San Diego Pooled Money Fund as of December 31, 2015 ($000) FMV FMV FMV %of 10/31/15 11/30/15 12/31/15 Total COUNTY COUNTY - SPECIAL TRUST FUNDS NON -COUNTY INVESTMENT FUNDS SCHOOLS - (It THRU 12) COMMUNITY COLLEGES San Diego Grossmont Mira Costa Palomar Southwestern Total Community Colleges SDCERA SANCAL MTDB SANDAG CITIES Chula Vista Del Mar Encinitas Lemon Grove National City INDEPENDENT AGENCIES Alpine FPD Bonita Sunnyside FPD Borrego Springs FPD Deer Springs FPD Fallbrook Public UTL Grossmont Healthcare District Public Agency Self Insurance System Julian-Cuyamaca FPD Lake Cuyamaca Rec & Park $1,023,029 $1,649,608 61,854,899 21.80% 1,632,727 1,578,717 1,952,957 22.95% 167,221 193,205 208,379 2.45% 2,559,020 2,370,673 3,082,363 36.22% 190,078 173,262 95,734 90,855 16,226 11,397 311,532 298,005 218,133 216,778 831,703 790,296 3,920 637 22,124 9,830 712 710 55,252 63,277 39,356 34,304 3,036 3,029 2 2 2 2 5,037 5,025 603 513 4,245 3,858 1,122 1,091 6,008 8,108 14 14 1,000 997 3,334 3,326 161 54 104 97 227,987 111,519 35,702 329,329 230,913 935,449 3,897 10,006 713 63,766 34,434 3,040 2 2 5,044 1,277 4,767 1,192 7,975 14 1,001 3,338 162 78 2.68% 1.31% 0.42% 3.87% 2.71% 10.99% PARTICIPANT FMV FMV FMV %of 10131115 11/30/15 12/31/15 Total Lakeside Fire Leucadia Water District Lower Sweetwater FPD Metropolitan Transit System Mission Resource Conservation District North County Cemetery District North County Cemetry Perpetual North County Cemetery North County Dispatch North County Ffre Otay Water District Investment Pine Valley FPD Potreredo Cemetery District Ramona Cemetery District Ramona Cemetery Perpetual Rancho Santa Fe FPD Rincon del Diablo Municipal Water District San Diego Housing Commission San Diego Rural Fire San Dieguito Ricer San Marcos FPD San Miguel FPD San Ysidro Sanitation Santa Fe Inigation District SDC Regional Airport Authority Upper San Luis Rey Reservoir Vallecitos Water District Valley Center FPD Valley Cntr Cemetery Valley Ctr Cem Perpetual Valley Ctr Water District Vista FPD 4,691 11,382 381 3,905 437 1,439 1,558 1,013 3,659 1,388 16,339 491 1,625 538 365 8,347 2,998 7,026 171 538 1 4,879 13 4,930 239,219 27 5,090 3,109 49 242 15,676 2,172 4,044 11,355 388 7,511 436 1,303 1,567 953 4,032 1,547 18,300 495 1,575 521 364 7,714 2,991 7,010 0 423 1 4,594 13 4,918 236,863 27 5,078 2,956 50 243 15,679 2,167 6,399 11,398 486 7,520 323 1,330 1,585 1,142 3,725 1,720 16,363 568 1,729 571 366 10,586 3,002 7,036 370 682 1 8,643 13 4,937 217,456 30 5,097 3,190 61 244 15,848 2,175 Total independent Agencies 491,741 477,993 475,309 5.59% Pooled Money Fund Total $6,725,440 $7,060,492 98,509,355 100.00% 5 Page 1 of 2 ORGL0046 COSD General Ledger Activit+ Report Run Date:01/11/16 09:46:1r Page: 1 of 2 Report Parameters Current, : U.;D Fund Low 44077 Fund High : 44077 Org Low • Org High • Dept • Account Low Account High • Period : DEC-15 Balance Type : Actual ORGL0046 COSD General Ledger Acti--ity Report Run Date 01/11/16 09:46:16 Period DEC-15 Page: 2 of 2 Org SOURCE CATEGORY N1diE DESCRIPTION LINE ITEM SOURCE ITEM GL DATE DEBITS CREDITS FUND 44077 NATIONAL CITY INVESTHENT FUND ACCOUNT : 10100 CASH IN TREASURY ACCOUNT : 34100 FUND BALANCE AVAILABLE - ACTUAL BASIS ACCOUNT : 80468 INTEREST RECEIPTS Beginning Balance : 5,066,568.65 Total : Ending Balance : Beginning Balance : Total i Ending Balance : Beginning Balance : Total : Ending Balance : Grand Total 0.00 5,0E6,961.65 0.00 5,060,859.16 0.00 0.00 5,060,659.16 6,109.49 0.00 0.00 6,109.49 0.00 0.00 file:///GIFINANCE/Investments/County%20of%20San%20Diego/2015/2015-12%2000SD_General Ledger_Activity.htm 2/3/2016 Page 2 of 2 ***End Of Report*** file:///G:/FIN.ANCE/Investments/County%20of%20San%20Diego/2015/2015-12%2000SD_General Ledger_Activity.htm 2/3/2016 CC/CDC-HA Agenda 2/16/2016 — Page 150 The following page(s) contain the backup material for Agenda Item: National City Sales Tax Update Newsletter - Third Quarter 2015 (Finance) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 16, 2016 AGENDA ITEM NO. ITEM TITLE: National City Sales Tax Update Newsletter — Third Quarter 2015 PREPARED BY: Ed Prendell, Budget Analyst PHONE: 619-336-4332 EXPLANATION: BACKGROUND DEPARTMENT: Finance APPROVED BY:�-�- National City has an on -going contract with Hinder liter, de Llamas & Associates (HdL) for revenue management. Staff meets with a representative of HdL on a quarterly basis to review sales tax data & trends within the City & Statewide. NEWSLETTER SUMMARY National City's receipts from July through September were 5.9% above the third sales period in 2014. Used autos, auto repair and auto lease were in double digit territory while the increase in new autos lagged regional trends. Lumber/building materials posted stellar gains compared to a year ago. Multiple temporary payment deviations overstated the increase in restaurants and hotels. The increase was boosted by recent openings in the quick -service and fast -casual categories. Overall performance in general retail was consistent with the countywide trend with department stores performing well. Lower fuel prices dragged down the fue! and service station croup. The city's voter approved transactions tax, Measure D, increased 5.5%. Gains in auto and building -related sectors were the largest factor. Net of aberrations, taxable sales for all of San Diego County grew 2.9% over the comparable time period; the Southern California region was up 3.6%. , FINANCIAL STATEMENT: ACCOUNT NO. NA (" APPROVED: '1G /ate CFinance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Accept and file the newsletter. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: National City Sales Tax Update Newsletter — Third Quarter 2015 National City In Brief ational City's receipts from July through September were 5.9% above the third sales period in 2014. Used autos. auto repair and auto lease were in double digit territo- ry while the increase in new autos lagged regional trends. Lumber/ building materials posted stellar gains compared to a year ago. Multiple temporary payment de- viations overstated the increase in restaurants and hotels. The in- crease was boosted by recent openings in the quick -service and fast -casual categories. 'verall performance in general re- tail was consistent with the county- wide trend with department stores performing well. Lower fuel prices dragged down the fuel and service station group. The city's voter approved trans- actions tax, Measure D, increased 5.5%. Gains in auto and build- ing -related sectors were the largest factor. Net of aberrations, taxable sales for all of San Diego County grew 2.9% over the comparable time pe- riod; the Southern California region was up 3.6%. CALIFORNIA NATIONAL city A(7011r..xAr.o National City Sales Tax Update Fourth Quarter Receipts for Third Quarter Sales (July - September 2015) SALES TAX BY MAJOR BUSINESS GROUP $1,800,000 $1,600,000 $1,400,000 $1,200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 50 • Autos and Transportation General Consumer Goods Restaurants and Hotels TOP 25 PRODUCERS IN ALPHABETICAL ORDER Arco AM PM Ball Honda Acura Mitsubishi Suzuki Kia Frank Hyundai Frank Subaru Frank Toyota Scion Highland Arco JC Penney Macys Mor Furniture 4 Less Mossy Nissan Nordstrom Rack Perry Chrysler Dodge Jeep Ram Perry Ford Probuild Ron Baker Chevrolet Ross Shell South Bay Volkswagen South County Buick GMC Target Tesoro Refining & Marketing Univar Walmart Wescott Mazda Westair Gases & Equipment ■ 3rd Quarter 2014 ■ 3rd Quarter 2015 LILI.i Fuel and Service Stations Business and Industry Building and Construction Food and Drugs REVENUE COMPARISON Two Quarters — Fiscal Year To Date 2014-15 2015-16 Point -of -Sale $7,193,581 $7,520,717 County Pool 904,258 1,035,250 State Pool 5,225 3,877 Gross Receipts $8,103,065 $8,559,843 Less Triple Flip* $(2,025,766) S(2,139,961) Measure D $4,942,826 $5,131,846 Published by HdL Companies in Winter 2016 www.hdlcompanies.com . 888.861.0220 C o M P A N I E s Q3 2015 National City Sales Tax Update Statewide Results The local share of sales and use tax rev- enues from the summer sales quarter were up 2.4% over last year's compara- ble quarter after adjusting for payment aberrations. New and used auto sales and leases con- tinued to exhibit solid gains and were the primary contributor to the quarter's statewide growth. The countywide al- location pools were the second largest contributors to the overall gain, boosted by increased online sales activity. The state's travel and tourism industry con- tributed to a robust increase in receipts from restaurants and hotels. Recovering building and construction activity was also significant with an 8.6% increase over the comparison period. Gains in most other segments were rel- atively modest while receipts from fuel and service stations declined for the fourth consecutive quarter. Overall performance was similar throughout most regions of the state, however the effect of lower fuel prices significantly dampened results in por- tions of the San Joaquin Valley. Online Retail Sales Continue to Outpace Brick & Mortar Stores Fourth quarter tax results will not be available until March but preliminary reports indicate holiday purchases from some brick and mortar stores are flat or down from 2014, while the volume of online shopping has set new records. Although stores are not in danger of disappearing, the trend has many re- tail chains considering long-term plans for smaller "showroom" units with less square footage, employees, and in-store inventory. HdL's statewide sales tax database for the first three quarters of 2015 shows that online orders for general consumer goods rose 17.6% over the first three quarters of 2014, while the overall sales gains at brick and mortar stores grew a modest 2.2%. New Restrictions on Tax Sharing Agreements Tax rebates are subject to additional re- strictions and reporting requirements in 2016. Newly adopted Government Code Sec- tion 53084.5 prohibits tax sharing agree- ments that reduce another agency's sales tax if the business generating the tax continues to maintain a physical pres- ence in the losing agency's jurisdiction. The Government Accounting Standards Board (GASB) has also adopted new re- quirements outlined in GASB Statement 77 for detailed disclosure of rebates in government financial reports. The rule issued on August 14, 2015 by GASB will require state and local governments to disclose the amount of property, sales, and income taxes that have been waived or rebated under tax abatement agreements with companies or other taxpayers. The requirements of Statement 77 are effective for financial statements with periods beginning after December 15, 2015. SALES PER CAPITA $8,000 $6,000 $4,000 $2,000 $0 Q3 12 National City Q3 13 County Q3 14 Q3 15 California REVENUE BY BUSINESS GROUP National City This Quarter Autos/Trans. 39% Others �% Bus./Ind. Fuel 4% 5% Cons .Goods 24% Restaurants 10% NATIONAL CITY TOP 15 BUSINESS TYPES 'In thousands of dollars Business Type Auto Repair Shops Casual Dining Department Stores Discount Dept Stores Electronics/Appliance Stores Family Apparel Heavy Industrial Lumber/Building Materials New Motor Vehicle Dealers Quick -Service Restaurants Service Stations Shoe Stores Specialty Stores Used Automotive Dealers Women's Apparel Total All Accounts County & State Pool Allocation Gross Receipts National City Q3 '15* Change 61.7 140.8 147.7 19.9% 3.4% 4.9% - CONFIDENTIAL - 73.5 175.0 70.5 -5.4% 2.5% -4.2% - CONFIDENTIAL - 1,371.7 5.0% 228.8 4.8% 198.9 -6.1% 61.4 4.8% 83.0 3.4% 102.9 19.5% 77.1 3.3% 3,806.5 5.3% 508.1 10.3% 4,314.6 5.9% County Change 8.3% 5.1% -3.7% 2.8% -1.1% 2.8% 29.3% 8.9% 5.9% 7.4% -8.2% 3.3% 0.2% 2.6% -5.3% 1.3% 6.2% 1.9% HdL State Change 6.2% 5.1% -0.6% 2.1% 3.9% 2.4% 6.3% 6.6% 8.2% 6.8% -11.8% 3.6% 5.9% 13.6% -1.0% 2.3% 3.5% 2.4% Pools 12% CC/CDC-HA Agenda 2/16/2016 — Page 154 The following page(s) contain the backup material for Agenda Item: Warrant Register #26 for the period of 12/23/15 through 12/29/15 in the amount of $0.00. (Finance) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 16, 2016 AGENDA ITEM NO. ITEM TITLE: Warrant Register #26 for the period of 12/23/15 through 12/29/15 in the amount of $0.00. (Finance) PREPARED BY: K. Apalategui DEPARTMENT: Financ PHONE: 619-336-4572 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 12/23/15 through 12/29/15. Consistent with Department of Finance practice, listed below are ail payments above $50,000. Vendor Check/Wire Amount Explanation FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $0.00 APPROVED: , t 1.I Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Ratification of warrants in the amount of $0.00 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #26 CALIFORNIA *t- 1/1 N car Arco RPORATED WARRANT REGISTER #26 12/29/2015 PAYEE DESCRIPTION CHK NO DATE AMOUNT NO WARRANTS ISSUED FOR THE WEEK OF 12/23/2015 - 12/29/2015. HOLIDAY / CITY CLOSURE Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNIVWN i CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MARK R BERTS, INANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN JERRY CANO, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER ALBERT MENDIVIL, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 16th OF FEBRUARY, 2016. AYES NAYS ABSENT CC/CDC-HA Agenda 2/16/2016 — Page 158 The following page(s) contain the backup material for Agenda Item: Warrant Register #27 for the period of 12/30/15 through 01/05/16 in the amount of $2,159,182.21. (Finance) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 16, 2016 AGENDA ITEM NO. ITEM TITLE: Warrant Register #27 for the period of 12/30/15 through 01/05/16 in the amount of $2,159,182.21, (Finance) PREPARED BY: K. Apalategui DEPARTMENT: Finance PHONE: 619-336-4572 APPROVED BY: 7,/�,l EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 12/30/15 through 01/05/16. Consistent with Department of Finance practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Tyler Technologies Inc 321287 55,845.93 Eden Support and Renewal Public Emp Ret System 1052016 353,414.19 Service Period 12/08/15 —12/21/15 FINANCIAL STATEMENT: APPROVED: /7��/ f Finance ACCOUNT NO. APPROVED: MIS Reimbursement total $2,159,182.21 ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Ratification of warrants in the amount of $2,159,182.21 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #27 40.* CALIFORNIA 1/4 PAYEE SAN DIEGO UNION TRIBUNE ACE UNIFORMS &ACCESSORIES INC ACEDO, I ACME SAFETY & SUPPLY CORP ADAMSON POLICE PRODUCTS AIRGAS WEST ALDEMCO ALL FRESH PRODUCTS ANDERSON, E AT&T AT&T MOBILITY AUSTIN DOORS AYDELOTTE, D BARGAIN CENTER INC BAXTER'S FRAME WORKS BEARD, P BECK, L BEVERIDGE, M BIDDLE CONSULTING GROUP INC BISHOP, R BLUE VIOLET NETWORKS BOEGLER, C BOYD JR, P CARRILLO, R CARTEGRAPH SYSTEMS, INC. CLAIMS MANAGEMENT ASSOCIATES CLEAN HARBORS COLE, L CONDON, D CORPUZ, T COUNTY OF SAN DIEGO COX COMMUNICATIONS COX COMMUNICATIONS CPP PRINTING CSULB FOUNDATION DANESHFAR, Z DANIELS TIRE SERVICE DAY WIRELESS SYSTEMS DEAR, A DELTA DENTAL DEPARTMENT OF JUSTICE DESROCHERS, P DI CERCHIO, A DILLARD, S DREDGE, J DURON, C ECIVIS INC EISER III, G FABINSKI, D NA�,,1 O.L.' -� CUM ataav 1NCoRPOitATETI WARRANT REGISTER #27 1/5/2016 DESCRIPTION LEGAL NOTICES ADVERTISING SAM BROWNE BELT SIZE 34/36 / POLICE RETIREE HEALTH BENEFITS - JAN 2016 24IN X 12FT YELLOW VINYL SIGN / PW 260/3027 12 GA DRAG STABLIZED ROUND MOP 45714 MSC SUPPLIES - NSD CONSUMABLES- NUTRITION CENTER CONSUMABLES- NUTRITION CENTER RETIREE HEALTH BENEFITS - JAN 2016 PHONE SERVICES / 11/01/15 -11/30/15 WIRELESS SERVICE / 11/06/15 -12/05/15 CITY WIDE ROLL UP DOOR SERVICES / PW SUBSISTENCE: INTERNAL AFFAIRS SEMINAR / PD RAINSUITS/HIP WAITERS / PW 17" NC POLICE DEPT SEAL RETIREE HEALTH BENEFITS - JAN 2016 RETIREE HEALTH BENEFITS - JAN 2016 ED REIMBURSEMENT SOFTWARE MAINTENANCE RENEWAL RETIREE HEALTH BENEFITS - JAN 2016 AVIGILON AN SYSTEM / MIS RETIREE HEALTH BENEFITS - JAN 2016 RETIREE HEALTH BENEFITS - JAN 2016 RETIREE HEALTH BENEFITS - JAN 2016 PERMIT LICENSE/TRACKING / MIS RISK MANAGEMENT SERVICES HAZARDOUS WASTE PICK-UP / PW RETIREE HEALTH BENEFITS - JAN 2016 RETIREE HEALTH BENEFITS - JAN 2016 RETIREE HEALTH BENEFITS - JAN 2016 BUILDING RECORDS / HOUSING INTERNET SERVICE / DEC 2015 INTERNET SERVICE / NOV 2015 SHOPPING TIPS CARDS / PD TUITION: INTERNAL AFFAIRS SEMINAR / PD RETIREE HEALTH BENEFITS - JAN 2016 TIRES / PW COVERT ANTENNA SYSTEM / PD REIMB: B/L RENEWAL PAYMENT COBRA DENTAL INS - NOV 2015, NEW EMP FINGERPRINT TEST/OCT 2015 RETIREE HEALTH BENEFITS - JAN 2016 RETIREE HEALTH BENEFITS - JAN 2016 RETIREE HEALTH BENEFITS - JAN 2016 RETIREE HEALTH BENEFITS - JAN 2016 ED REIMBURSEMENT ECIVIS ANNUAL. SOFTWARE RENEWAL / MIS RETIREE HEALTH BENEFITS - JAN 2016 RETIREE HEALTH BENEFITS - JAN 2016 CHK NO DATE AMOUNT 321158 1 /4/ 16 1,975.40 321159 1/5/16 482.05 321160 1/5/16 160.00 321161 1/5/16 117.72 321162 1/5/16 497.04 321163 1/5/16 145.41 321164 1/5/16 2,283.04 321165 1/5/16 842.79 321166 1/5/16 110.00 321167 1/5/16 357.32 321168 1/5/16 2,660.36 321169 1/5/16 660.64 321170 1/5/16 384.00 321171 1/5/16 404.75 321172 1/5/16 458.87 321173 1/5/16 70.00 321174 1/5/16 140.00 321175 1/5/16 300.00 321176 1/5/16 1,539.00 321177 1/5/16 110.00 321178 1/5/16 160.00 321179 1/5/16 260.00 321180 1/5/16 145.00 321181 1/5/16 290.00 321182 1/5/16 6,871.71 321183 1/5/16 7,821.30 321184 1/5/16 431.00 321185 1/5/16 165.00 321186 1/5/16 280.00 321187 1/5/16 140.00 321188 1/5/16 10.00 321189 1/5/16 3,455.00 321190 1/5/16 174.00 321191 1/5/16 51.47 321192 1/5/16 341.00 321193 1/5/16 250.00 321194 1/5/16 1,974.96 321195 1/5/16 431.40 321196 1/5/16 257.00 321197 1/5/16 325.67 321198 1/5/16 640.00 321199 1/5/16 110.00 321200 1/5/16 70.00 321201 1/5/16 480.00 321202 1/5/16 250.00 321203 1/5/16 147.00 321204 1/5/16 12,852.00 321205 1/5/16 250.00 321206 1/5/16 220.00 2/4 - -* CALIFORNIA -6- IONAL annr orcoRpoRATED WARRANT REGISTER #27 1/5/2016 PAYEE DESCRIPTION CHK NO DATE AMOUNT FEDEX PACKAGE DELIVERY / ENG 321207 1/5/16 28.25 FLINT TRADING INC 12" YLW LINE / PW 321208 1/5/16 3,070.39 FLINT TRADING INC SALES TAX ON INV 321209 1/5/16 250.30 GELSKEY, K RETIREE HEALTH BENEFITS - JAN 2016 321210 1/5/16 115.00 GIBBS JR, R RETIREE HEALTH BENEFITS - JAN 2016 321211 1/5/16 120.00 GONZALES, M RETIREE HEALTH BENEFITS - JAN 2016 321212 1/5/16 480.00 GOODYEAR TIRE & RUBBER COMPANY EAGLE 103V RSA TIRES / PW 321213 1/5/16 1,745.03 GOVCONNECTION INC SAMSUNG 60" PERRLESS SMART MOUNT 321214 1/5/16 3,591.80 GRANICUS INC MONTHLY MANAGED SERVICES / MIS 321215 1/5/16 1,477.35 GUNDERT, M RETIREE HEALTH BENEFITS - JAN 2016 321216 1/5/16 350.00 HANSON, E RETIREE HEALTH BENEFITS - JAN 2016 321217 1/5/16 135.00 HARLAN, M RETIREE HEALTH BENEFITS - JAN 2016 321218 1/5/16 500.00 HARRIS & ASSOCIATES DEPOSIT #90099; MAP NORTON / BUILDING 321219 1/5/16 720.00 HAUG, S RETIREE HEALTH BENEFITS - JAN 2016 321220 1/5/16 120.00 HEALTH NET HEALTH NET - NOV 2015 R1192Q 321221 1/5/16 1,726.35 HODGES, B RETIREE HEALTH BENEFITS • JAN 2016 321222 1/5/16 200.00 HONDO, E RETIREE HEALTH BENEFITS - JAN 2016 321223 1/5/16 110.00 JAMES, R RETIREE HEALTH BENEFITS - JAN 2016 321224 1/5/16 140.00 JUNIEL, R RETIREE HEALTH BENEFITS - JAN 2016 321225 1/5/16 50.00 KAISER FOUNDATION HEALTH PLANS RETIREES INS - COBRA / NOV 2015 321226 1/5/16 509.71 KIMBLE, R RETIREE HEALTH BENEFITS - JAN 2016 321227 1/5/16 300.00 LANDA, A RETIREE HEALTH BENEFITS - JAN 2016 321228 1/5/16 155.00 LASER SAVER INC PD TECH TROUBLE CALL FOR PRINTER 321229 1/5/16 89.95 LEHR AUTO ELECTRIC MS EXTINGUISHER 5LBS / PD 321230 1/5/16 268.00 LIMFUECO, M RETIREE HEALTH BENEFITS - JAN 2016 321231 1/5/16 160.00 MAN K9 INC MONTHLY MAINTENANCE FOR K9 TRAINING 321232 1/5/16 1,560.00 MAN K9 INC HEAVY PINCH COLLAR/AGITATION MUZZLE / PD 321233 1/5/16 280.80 MATIENZO, M RETIREE HEALTH BENEFITS - JAN 2016 321234 1/5/16 100.00 MC CABE, T RETIREE HEALTH BENEFITS - JAN 2016 321235 1/5/16 280.00 MEDINA, R RETIREE HEALTH BENEFITS - JAN 2016 321236 1/5/16 105.00 MENDOZA III, S ED REIMBURSEMENT 321237 1/5/16 110.00 MEYERS NAVE LABOR RELATIONS 321238 1/5/16 3,597.00 MINER, D RETIREE HEALTH BENEFITS - JAN 2016 321239 1/5/16 580.00 MORPHOTRUST USA LLC DESKTOP LIVE SCAN SYSTEM W/ MONITOR 321240 1/5/16 12,356.30 MUTHUSAMY, K REIMB: MEETING MILEAGE 321241 1/5/16 77.78 MYERS, B RETIREE HEALTH BENEFITS - JAN 2016 321242 1/5/16 140.00 NOTEWARE, D RETIREE HEALTH BENEFITS - JAN 2016 321243 1/5/16 120.00 OFFICE SOLUTIONS BUSINESS OFFICE FURNITURE FOR HR 321244 1/5/16 3,146.67 ORIENTAL TRADING COMP LLC MISC SUPPLIES - COMM SVC 321245 1/5/16 399.59 ORION THE BRIGHTEST NAME OF SAFETY FUSEES, 30 MIN, RED WITHOUT SPIKES / PD 321246 1/5/16 1,905.28 PADRE JANITORIAL SUPPLIES JANITORIAL SUPPLIES- NUTRITION 321247 1/5/16 38.15 PAUU JR, P RETIREE HEALTH BENEFITS - JAN 2016 321248 1/5/16 340.00 PEASE JR, D RETIREE HEALTH BENEFITS - JAN 2015 321249 1/5/16 280.00 PETERS, S RETIREE HEALTH BENEFITS - JAN 2016 321250 1/5/16 290.00 POST, R RETIREE HEALTH BENEFITS - JAN 2016 321251 1/5/16 280.00 PRO BUILD HALCYON CEILING TILE / PW 321252 1/5/16 1,075.41 PRUDENTIAL OVERALL SUPPLY MOP 45742 LAUNDRY SVC - NSD 321253 1/5/16 151.61 RAY, S RETIREE HEALTH BENEFITS - JAN 2016 321254 1/5/16 190.00 RDO EQUIPMENT CO RAIN CAP / PW 321255 1/5/16 69.47 rs-* CALIFORNIA *"3" 3/4 PAYEE RIOS, M ROARK, L ROE, V RUIZ, J SAFRAN MORPHOTRUST SAN DIEGO MIRAMAR COLLEGE SAN DIEGO MIRAMAR COLLEGE SAN DIEGO MIRAMAR COLLEGE SAN DIEGO SPORTS MEDICINE SAN DIEGO UNION TRIBUNE SEAPORT MEAT COMPANY SERVATIUS, J SHORT, C SHRED IT USA SMART & FINAL SMART SOURCE OF CALIFORNIA LLC SMITH, B SMITH, J SOUTH BAY FENCE INC SOUTHWEST SIGNAL SERVICE SPARKLETTS STAPLES ADVANTAGE STATE WATER RESOURCES BOARD STC TRAFFIC INC STRASEN, W SUPERIOR READY MIX CONCRETE LP SYSCO SAN DIEGO INC TEAM KIA OF EL CAJON THE HOME DEPOT CREDIT SERVICES THE STAR NEWS PUBLISHING COMP TIPTON, B TYLER TECHNOLOGIES INC U S BANK UNITED PARCEL SERVICE UNITED PARCEL SERVICE VERIZON WIRELESS VERRY, L VILLAGOMEZ, J WAXIE SANITARY SUPPLY WHITE, J ZENGOTA, V NATIONAL c117 x 'coRpORATED -1 WARRANT RE 1STER#27 1/5/2016 DESCRIPTION REFUND: CANDIDATE FILING FEE - 2014 ELEC RETIREE HEALTH BENEFITS - JAN 2016 RETIREE HEALTH BENEFITS - JAN 2016 RETIREE HEALTH BENEFITS - JAN 2016 NEW EMP FINGERPRINT TEST/OCT 2015 106TH REGIONAL ACADEMY / PD TUITION: PROFESSIONAL TRAINING / PD / 11/16/15 TUITION: PROFESSIONAL TRAINING / PD / 10/28/15 WELLNESS PHYSICALS / FIRE DEPARTMENT PUBLIC NOTICING / PLANNING COMMISSION FOOD / NUTRITION CENTER RETIREE HEALTH BENEFITS - JAN 2016 RETIREE HEALTH BENEFITS - JAN 2016 SHREDDING SERVICE / PD MOP 45756 MISC SUPPLIES - PD INV 1372350 B/L DECALS FOR 2016 ED REIMBURSEMENT RETIREE HEALTH BENEFITS - JAN 2016 PEDESTRIAN BARRICADES / PW INTERSECTION MAINTENANCE / PW WATER - COUNCIL MOP 45704 OFFICE SUPPLIES - PW/ENG OVERSIGHT COSTS / REDEV PROJECT AREA 24TH ST 19TH AND TIDELANDS PROJECT RETIREE HEALTH BENEFITS - JAN 2016 CONCRETE / PW CONSUMABLES/FOOD - NUTRITION 2016 KIA OPTIMA EX / PD LED WHITE STRING LIGHTS/ICICLE LIGHTS / PW ADVERTISING BIDS RETIREE HEALTH BENEFITS - JAN 2016 EDEN SUPPORT AND RENEWAL CREDIT CARD EXPENSES - PD UPS CHARGES - PD UPS CHARGES - FINANCE CELLULAR SERVICE / 11/05/15 - 12/04/15 RETIREE HEALTH BENEFITS - JAN 2016 RETIREE HEALTH BENEFITS - JAN 2016 JANITORIAL SUPPLIES - FIRE RETIREE HEALTH BENEFITS - JAN 2016 RETIREE HEALTH BENEFITS - JAN 2016 CHK NO DATE AMOUNT 321256 1/5/16 408.00 321257 1 /5/16 135.00 321258 1/5/16 120.00 321259 1/5/16 310.00 321260 1/5/16 40.00 321261 1/5/16 690.00 321262 1/5/16 69.00 321263 1/5/16 46.00 321264 1/5/16 1,399.57 321265 1/5/16 1,115.20 321266 1/5/16 702.27 321267 1/5/16 340.00 321268 1/5/16 300.00 321269 1/5/16 185.90 321270 1/5/16 143.59 321271 1/5/16 1,306.81 321272 1/5/16 161.37 321273 1/5/16 320.00 321274 1/5/16 498.00 321275 1/5/16 10, 099.85 321276 1/5/16 21.10 321277 1/5/16 494.90 321278 1/5/16 639.47 321279 1/5/16 3,270.00 321280 1/5/16 135.00 321281 1/5/16 434.81 321282 1/5/16 2,176.74 321283 1/5116 25,981.27 321284 1/5/16 1,303.91 321285 1/5/16 82.00 321286 1/5/16 250.00 321287 1/5/16 55,845.93 321288 1/5/16 1,846.22 321289 1/5/16 504.86 321290 1/5/16 5.65 321291 1/5/16 762.05 321292 1/5/16 280.00 321293 1/5/16 480.00 321294 1/5/16 459.53 321295 1/5/16 230.00 321296 1/5/16 300.00 A/P Total 210,331.09 WIRED PAYMENTS PUBLIC EMP RETIREMENT SYSTEM SERVICE PERIOD 12/08/15 -12/21/15 1052016 1/5/16 353,414.19 4/4 -Pp* CALIFORNIA * - NATIONAL CITY aoiatt INCORPORATED WARRANT REGISTER #27 1/5/2016 PAYEE DESCRIPTION CHK NO DATE AMOUNT SECTION 8 HAPS Start Date End Date 12/30/2015 1/5/2016 738,132.62 PAYROLL Pay period Start Date End Date Check Date 27 12/22/2015 1/4/2016 1/13/2016 857,304.31 GRAND TOTAL $ 2,159,182.21 Certification 11 ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MA1K ROB 1=1 $, FMCTv ` LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN JERRY CANO, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER ALBERT MENDIVIL, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZFD TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 16`h OF FEBRUARY, 2016. AYES NAYS ABSENT CC/CDC-HA Agenda 2/16/2016 — Page 165 The following page(s) contain the backup material for Agenda Item: Warrant Register #28 for the period of 01/06/16 through 01/12/16 in the amount of $956,417.65. (Finance) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 16, 2016 AGENDA ITEM NO. ITEM TITLE: Warrant Register #28 for the period of 01/06/16 through 01/12/16 in the amount of $956,417.65. (Finance) PREPARED BY: 'K. Apalategui DEPARTMENT: Finan PHONE: 619-336-4572 APPROVED BY: /j EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 01/06/16 through 01/12/16. Consistent with Department of Finance practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Pal Gen Engineering 321388 Project Professionals Corp 321395 SDG&E 321402 Health Net 321435 Kaiser Foundation 321436 150,000.00 56,442.03 64,731.79 67,376.21 177,259.58 Explanation 8th Street Smart Growth 12th & D Ave Project Gas & Electric Utilities Ins R112A — Jan 2016 Ins Active Jan 2016 Grp# 104220-0002 FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $956,417.65 APPROVED: -;j _. Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: ;Ratification of warrants in the amount of $956,417.65 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #28 1/4 PAYEE ALEXANDER'S LEGAL SEMINARS BEST BEST & KRIEGER ATTNY LAW BEST BEST & KRIEGER ATTNY LAW BULL, P CA ASSOCIATION OF CODE ENFORCEMENT CA ASSOCIATION OF CODE ENFORCEMENT CA ASSOCIATION OF CODE ENFORCEMENT CSULB FOUNDATION DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DURON, C ETZLER, J FEDEX HEALTH AND HUMAN RESOURCES HEALTH NET KNOX ATTORNEY SERVICE INC LASER SAVER INC LEAGUE OF CALIFORNIA CITIES LOPEZ, T MACIAS, J MANNING & KASS MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MINUTEMAN PRESS CPOA PARRA, F PRUDENTIAL OVERALL SUPPLY SHAMOON, R RIVERSIDE COUNTY SHERIFF DEPT SAN DIEGO UNION TRIBUNE STAPLES ADVANTAGE STATE OF CALIFORNIA U S BANK U S HEALTHWORKS VALENZUELA,A WEST PAYMENT CENTER .4- CAM FOAN1A. NATIONAL orr l� INi Ott? EU WARRANT REGISTER #28 1/12/2016 DESCRIPTION SD CIVIL LITIGATION MANUAL REGIONAL PERMIT PETITION PROFESSIONAL SVCS/PERSONNEL ISSUES SUBSISTENCE: FIELD TRAINING PROGRAM MEMBERSHIP RENEWAL & MOLD TRAINING / HOUSING 321301 BEST PRACTICE IN CODE ENFORCEMENT / SARMIENTO 321302 BEST PRACTICE IN CODE ENFORCEMENT / VERGARA 321303 TUITION: FIELD TRAINING PROGRAM / BULL / PD 321304 LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS REIMB: PARAMEDIC RE -CERTIFICATION SUBSISTENCE: 24-HR PERISHABLE SKILLS AQUATIC CENTER DOCUMENTS EMP ASSISTANCE PROGRAM - JAN 2016 HEALTH -NETWORK 57135A/JAN 2016 LICUDINE'S PITCHESS MOTION MOP 45725 INK CARTRIDGE - FIRE 2016 LOCAL STREETS/ROADS ASSESSMENT INTERPRETATION SVC - KIMBALL SUBSISTENCE: COMMUNICATIONS TRAINING LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS GARAGE SALE FLYERS / FINANCE TUITION: PUBLIC RECORDS ACT / CITY ATTORNEY REIMB: SD COUNTY FIRE CHIEFS' ASSOC MOP 45742 LAUNDRY SVC - NSD REFUND: PERMIT/INSPECTION FEES TUITION: 24 HR PERISHABLE SKILLS LISTING FOR PLAZA BLVD/14TH ST MOP 45704 OFFICE SUPPLIES - MIS WC CLAIM COSTS CREDIT CARD EXPENSE - FIRE PRE -EMPLOYMENT PHYSICAL REIMB: PARAMEDIC RE -CERTIFICATION MISCONDUCT LAW & LITIGATION CHK NO DATE AMOUNT 321297 1/12/16 48,27 321298 1/12/16 550.00 321299 1/12/16 330.00 321300 1/12/16 384.00 1/12/16 100.00 1/12/16 50.00 1/12/16 50.00 1/12/16 271.00 321305 1/12/16 10, 265.27 321306 1/12/16 3,916.47 321307 1/12/16 3,621.17 321308 1/12/16 2,981.09 321309 1/12/16 2,781.21 321310 1/12/16 2,369.30 321311 1/12/16 619.10 321312 1/12/16 577.50 321313 1/12/16 552.30 321314 1/12/16 423.07 321315 1/12/16 53.03 321316 1/12/16 217.00 321317 1/12/16 384.00 321318 1/12/16 217.71 321319 1/12/16 805.55 321320 1/12/16 5,334.29 321321 1/12/16 90.25 321322 1/12/16 250.59 321323 1/12/16 400.00 321324 1/12/16 217.55 321325 1/12/16 640.00 321326 1/12/16 1,229.96 321327 1/12/16 8,644.65 321328 1/12/16 1,402.00 321329 1/12/16 1,232.00 321330 1/12/16 647.50 321331 1/12/16 430.04 321332 1/12/16 59.26 321333 1/12/16 114.49 321334 1/12/16 250.00 321335 1/12/16 72.21 321336 1/12/16 50.16 321337 1/12/16 354.00 321338 1/12/16 160.00 321339 1/12/16 464.40 321340 1/12/16 651.28 321341 1/12/16 44,504.20 321342 1/12/16 2,249.48 321343 1/12/16 456.00 321344 1/12/16 217.00 321345 1/12/16 316.92 214 PAYEE WILLY'S ELECTRONIC SUPPLY ALDEMCO ALL FRESH PRODUCTS AT&T AT&T AT&T ATKINS NORTH AMERICA INC BARRETT ENGINEERED PUMPS INC BOOT WORLD BPI PLUMBING CALIFORNIA COMMERCIAL SECURITY CALIFORNIA ELECTRIC SUPPLY CITY OF SAN DIEGO COMMERCIAL AQUATIC SERVICE INC COUNTY OF SAN DIEGO COX COMMUNICATIONS CYNTHIA TITGEN CONSULTING INC D-MAX ENGINEERING DOKKEN ENGINEERING DWIGHT CLEANING SERVICES E2 MANAGE TECH INC ENTERPRISE FLEET MANAGEMENT ESGIL CORPORATION GRAINGER HARRIS & ASSOCIATES HUNTERS NURSERY INC IRON MOUNTAIN JJJ ENTERPRISES JONES, D JUDD ELECTRIC KINSMAN CONSTRUCTION INC KONICA MINOLTA KTU&A LOPEZ, T MES CALIFORNIA METRO AUTO PARTS DISTRIBUTOR MOTOROLA SOLUTIONS INC NATIONAL CITY CAR WASH O'REILLY AUTO PARTS ORIENTAL TRADING COMP LLC ORKIN PADRE JANITORIAL SUPPLIES PAL GENERAL ENGINEERING INC PARRA, F PENSKE FORD PERRY FORD POWERSTRIDE BATTERY CO INC PRO BUILD PRO -EDGE KNIFE �-; CALIFORHIA NATIOINyilLTvir roictntpcournin WARRANT REGISTER #28 1/12/2016 DESCRIPTION MOP 45763 MISC SUPPLIES - MIS CONSUMABLES- NUTRITION CENTER CONSUMABLES- NUTRITION CENTER PHONE SERVICES / 11/13/15 -12/12/15 PHONE SERVICES / 12/13/15 - 01/12/16 PHONE SERVICES / DEC 2015 SEWER SERVICES TAX ROLL CITY WIDE ONSITE PUMP AND MOTOR MOP# 64096 WEARING APPAREL / PW CITY WIDE PLUMBING SERVICE AND REPAIRS MOP#45754 BUILDING MATERIALS MOP#45698 MATERIAL / PW INDUSTRIAL WASTE PERMIT / PW CITY WIDE PUMP, MOTOR, ELECTRICAL MUNICIPAL POOL PERMIT RENEWAL INTERNET SERVICE / DEC 2015 RISK MANAGMENT CONSULTANT SVCS STORM WATER / ENGINEERING PLAZA BLVD PROJECT CUSTODIAL SERVICES FOR CITY BUILDINGS - WEST SIDE SAMPLING ENTERPRISE LEASE VEHICLES / PW PLAN CHECK SERVICES & INSPECTIONS / BUILDING MOP#65179 SUPPLIES / PW SEWER DESIGN PROJECT MOP#45719 HORTICULTUAL ITEMS RECORDS/DOCUMENT STORAGE CITY WIDE FIRE AND SECURITY ALARM REIMB - LUNCH ITEMS FOR TECATE CITY WIDE ELECTRICAL REPAIRS / PW POLICE DEPT. BUILDING IMPROVEMENTS COPIER EQUIPMENT LEASE / NOV 2015 NC DOWNTOWN PROJECT TRANSLATION SERVICES / CITY CLERK ATTACK LITE POLY DJ800 / FIRE MOP#75943 AUTO SUPPLIES VEHICULAR CHARGER KIT / FIRE MOP#72454 AUTO EQUIPMENT MOP#75877 AUTO PARTS CRAFT SUPPLIES / COMM SVCS CITY WIDE PEST MAINTENANCE JANITORIAL SUPPLIES- NUTRITION 8TH STREET SMART GROWTH REIMBURSEMENT - CUPA CONFERENCE MOP#49078 AUTO PART MOP#45703 AUTO PARTS MOP#67839 AUTO PARTS MOP#45707 SUPPLIES KNIFE SHARPENING - NUTRITION CHK NO DATE AMOUNT 321346 1/12/16 200.87 321347 1/12/16 2,457.95 321348 1/12/16 734.44 321349 1/12/16 7,398.63 321350 1/12/16 470.48 321351 1/12/16 43.80 321352 1/12/16 540.00 321353 1/12/16 1,032.20 321354 1/12/16 241.62 321355 1/12/16 1,115.80 321356 1/12/16 173.75 321357 1/12/16 1,077.48 321358 1/12/16 950.26 321359 1/12/16 498.93 321360 1/12/16 588.00 321361 1/12/16 163.77 321362 1/12/16 2,350.00 321363 1/12/16 27,848.29 321364 1/12/16 27,813.17 321365 1/12/16 3,000.00 321366 1/12/16 1,840.00 321367 1/12/16 14,516.51 321368 1/12/16 19,581.28 321369 1/12/16 1,386.30 321370 1/12/16 9,310.00 321371 1/12/16 183.60 321372 1/12/16 157.00 321373 1/12/16 786.64 321374 1/12/16 175.43 321375 1/12/16 8,989.64 321376 1/12/16 22,562.02 321377 1/12/16 8,767.23 321378 1/12/16 3,850.00 321379 1/12/16 350.00 321380 1/12/16 4,878.56 321381 1/12/16 294.60 321382 1/12/16 1,020.24 321383 1/12/16 330.00 321384 1/12/16 386.38 321385 1/12/16 125.12 321386 1/12/16 416.50 321387 1/12/16 178.50 321388 1/12/16 150,000.00 321389 1/12/16 135.51 321390 1/12/16 39.06 321391 1/12/16 786.84 321392 1/12/16 370.28 321393 1/12/16 3,479.96 321394 1/12/16 46.00 PAYEE PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY RANDALL LAMB ASSOCIATES INC RELY ENVIRONMENTAL SAM'S ALIGNMENT SERVICE SAN DIEGO GAS & ELECTRIC SAN DIEGO SPORTS MEDICINE SDG&E SEAPORT MEAT COMPANY SITEONE LANDSCAPE SUPPLY LLC SOLIS, M SOUTH BAY FENCE INC SOUTHERN CALIF TRUCK STOP SPARKLETTS SWEETWATER AUTHORITY SYSCO SAN DIEGO INC T MAN TRAFFIC SUPPLY THE LIGHTHOUSE INC UNITED PARCEL SERVICE UNITED ROTARY BRUSH CORP VALLEY INDUSTRIAL SPECIALTIES VERIZON WIRELESS WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY KANE BALLMER & BERKMAN OPPER & VARCO LLP POWER PLUS SDG&E SWEETWATER AUTHORITY THE LAW OFFICES OF EDWARD Z KOTKIN SUPERIOR READY MIX SWEETWATER AUTHORITY UNDERGROUND SERVICE ALERT AFLAC CAPF CALIFORNIA LAW ENFORCEMENT DELTA DENTAL DELTA DENTAL INSURANCE CO HEALTH NET HEALTH NET HEALTH NET INC KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS NAN MCKAY RELIANCE STANDARD INSURANCE THE LINCOLN NATIONAL LIFE INS ARCO GASPRO PLUS 1 e NATIONAL: City - i iciA4N tixip WARRANT REGISTER #28 1/12/2016 DESCRIPTION 12 & D AVE PROJECT MOP#45742 LAUNDRY SERVICES / PW NC LIBRARY HUMIDITY SOLUTION PW YARD PROJECT MOP#72442 AUTO EQUIPMENT GAS & ELECTRIC - NUTRITON CENTER WELLNESS PHYSICALS / FIRE DEPARTMENT GAS & ELECTRIC UTILITIES FOOD / NUTRITION CENTER MOP#69277 SUPPLIES REIMBURSEMENT FOR THE PURCHASE OF CRAFT CITY WIDE FENCE REPAIRS / PW MOP#45758 OIL / PW WATER / NUTRITION CENTER WATER SERVICE UTILITIES CONSUMABLES/FOOD - NUTRITION MOP#76666 TRAFFIC SUPPLIES MOP#45726 AUTO PARTS UPS SHIPMENT / PURCHASING MOP#62683 AUTO PARTS MOP#46453 MATERIALS CELLULAR SERVICE / 11/22/15 - 12/21/15 MOP#45763 ELECTRICAL SUPPLIES MOP#45763 ELECTRICAL SUPPLIES LEGAL / S A OPERATIONS / S A LEGAL 1 WI-TOD / S A EQUIPMENT RENTAL / S A GAS AND ELECTRIC UTILITIES / S A WATER UTILITIES / S A LEGAL / OVERSIGHT BOARD / S A CONCRETE DELIVERY SERVICES / STREET WATER SERVICE UNDERGROUND SERVICE ALERT ACCT BDM36 JAN 2016 FIRE LTD JAN 2016 PD LTD JAN 2016 DENTAL INS PREMIER JAN 2016 PM' DENTAL INS - JAN 2016 INS N5992A - JAN 2016 INS N5992F - JAN 2016 INS R1192A JAN 2016 INS ACTIVE JAN 2016 GRP#104220-0002 RETIREES INS JAN 2016 RETIREES INS JAN 2016 H S A INS JAN 2016 GRP #104220-0005 HCV FINANCIAL MANAGEMENT SEMINAR / SEC 8 VOLUNTARY LIFE INS JAN 2016 LIFE & AD&D, STD, LTD INS JAN 2016 FUEL FOR CITY FLEET 3/4 CHK NO DATE AMOUNT 321395 1/12/16 56,442.03 321396 1/12/16 523.33 321397 1/12/16 4,731.25 321398 1/12/16 8,533.50 321399 1/12/16 206.34 321400 1/12/16 2,014.23 321401 1/12/16 1,399.57 321402 1/12/16 64,731.79 321403 1/12/16 1,298.33 321404 1/12/16 180.34 321405 1/12/16 37.80 321406 1/12/16 328.00 321407 1/12/16 112.34 321408 1/12/16 39.71 321409 1/12/16 22,524.18 321410 1/12/16 2,547.40 321411 1/12/16 442.52 321412 1/12/16 201.51 321413 1/12/16 19.55 321414 1/12/16 704.04 321415 1/12/16 315.65 321416 1/12/16 9,339.74 321417 1/12/16 153.86 321418 1/12/16 36.75 321419 1/12/16 135.00 321420 1/12/16 292.50 321421 1/12/16 195.00 321422 1/12/16 225.82 321423 1/12/16 27.32 321424 1/12/16 580.00 321425 1/12/16 333.07 321426 1/12/16 220.46 321427 1/12/16 201.00 321428 1/12/16 665.10 321429 1/12/16 640.00 321430 1/12/16 2,033.50 321431 1/12/16 15, 219.83 321432 1/12/16 2,865.06 321433 1/12/16 1,086.90 321434 1/12/16 651.54 321435 1/12/16 67,376.21 321436 1/12/16 177,259.58 321437 1/12/16 22,235.93 321438 1/12/16 8,061.63 321439 1/12/16 4,876.70 321440 1/12/16 1,320.00 321441 1/12/16 2,975.08 321442 1/12/16 9,543.14 321443 1/12/16 17,700.86 4/4 CALIFORNIA 'TIDAL C127 xicoRkaurrgib WARRANT REGISTER #28 1/12/2016 PAYEE DESCRIPTION ARCO GASPRO PLUS FUEL FOR CITY FLEET SECTION 8 HAPS PAYMENTS Start Date 1/6/2016 End Date 1/12/2016 CHK NO DATE AMOUNT 321444 1/12/16 5,243.75 A/P Total 954,476.65 1,941.00 GRAND TOTAL $ 956,417.65 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE IIEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MARK ROBERT, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN JERRY CANO, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER ALBERT MENDIVIL, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 16th OF FEBRUARY, 2016. AYES NAYS ABSENT CC/CDC-HA Agenda 2/16/2016 — Page 172 The following page(s) contain the backup material for Agenda Item: Public Hearing - Conditional Use Permit for a wireless communications facility at 1320 Highland Avenue. (Applicant: Verizon Wireless) (Case File 2015-24 CUP) (Planning) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 16, 2016 AGENDA ITEM NO. ITEM TITLE: Public Hearing — Conditional Use Permit for a wireless communications facility at 1320 Highland Avenue. (Applicant: Verizon Wireless) (Case File 2015-24 CUP) PREPARED BY: Martin Reeder, AICP DEPARTMENT: p PHONE: 336-4313 APPROVED BY: EXPLANATION: Verizon Wireless has applied for a Conditional Use Permit (CUP) to construct a wireless telecommunications facility comprised of a 45-foot tall artificial pine tree and equipment compound. The project location is a vacant lot on the north side of Kimball Way. The CUP was approved by Planning Commission on December 7, 2015 by a unanimous vote. City Council considered a Notice of Decision for this item at their meeting of January 19, 2016. Council held the item over for a public hearing in order to discuss the item further. The attached background report describes the proposal in detail. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: Categorically Exempt pursuant to Class 3 Section 15303 (New Construction or Conversion of small structures) ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends approval of the Conditional Use Permit. BOARD 1 COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Baca, Bush, DeLaPaz, Flores, Garcia, Yamane ATTACHMENTS: 1. Background Report 2. Recommended Findings 3. Recommended Conditions of Approval 4. Location Map 5. Reduced Plans 6. Photo simulations, and coverage maps 7. Public Hearing Notice 8. Planning Commission report and resolution BACKGROUND REPORT Verizon Wireless has applied for a Conditional Use Permit (CUP) to construct a wireless telecommunications facility and install associated equipment (described below) on a vacant lot. The design for the facility features an artificial pine tree. At the Notice of Decision meeting, the City Council requested that the item be held over for a public hearing in order to discuss the item further. The Council asked questions related to conditions of approval and future development/redevelopment of the property. Concerns were raised about the facility creating view issues for residents of Morgan/Kimball Towers, as well as the facility limiting the ability to develop/redevelop the lot in the future. There was discussion about whether or not there was a condition requiring the facility to relocate or be incorporated into a new development should the property be redeveloped. There was no such condition in the Resolution adopted by the Planning Commission, although the applicant stated that such language was typically included in their lease with the property owner. In order to address the latter concern, condition no. 24 has been added to require relocation/incorporation at redevelopment. Although concerns over views were raised by Council, no residents raised concerns at the Planning Commission or with staff in response to the notice for tonight's meeting. The public notice was sent to 78 property owners and 485 occupants. The purpose of tonight's public hearing is to discuss the merits of the project and to direct staff to return with a resolution based on either the attached findings and conditions for approval or findings for denial to be determined by the Council. Depending on Council direction, a resolution will be placed on the next City Council agenda for adoption, Planning Commission Hearing Planning Commission conducted a public hearing on December 7, 2015. Commissioners asked questions regarding project design, landscaping, graffiti, findings, and conditions of approval. The Commission voted to approve the Conditional Use Permit based on attached findings and subject to Conditions of Approval. No comments were received from community members, with the exception of the applicant, who spoke in support of the project. The Commission voted to approve the Conditional Use Permit based on findings and Conditions of Approval provided in the Planning Commission staff report (attachment No. 8). i Project location The project location is a vacant lot on the north side of Kimball Way. The lot is located between a shopping center (1320 Highland Avenue) parking lot and a drainage channel. The facility is proposed adjacent to the east property line adjacent to the parking lot. The overall property is 10,356 square feet in size and is located in the Major Mixed Use District (MXD-2) zone. Proposed Use The applicant is proposing to construct a 45-foot tall artificial pine tree with 12 panel antennas and one microwave antenna. The proposal also includes three equipment cabinets and a generator. The entire facility would be contained within a 23-foot by 20- foot (467 square -foot) equipment compound surrounded by an 8-foot high, block wall. Analysis The proposed telecommunication facility is designed to address an area of weak service in the Verizon Wireless network. The proposal is consistent with General Plan policy E- 3.3 (Education and Public Participation) that aims to increase access to wireless internet connections, computers, and other forms of communication technology. The proposal is also generally consistent with the Land Use Code, since the Code specifies that wireless communications facilities are a conditionally -allowed use in the MXD-2 zone and for the reasons detailed below. The Land Use Code requires that telecommunication facilities be sensitively designed to be compatible with and minimize visual impacts to surrounding areas. It also requires that telecommunication facilities and appurtenances be screened by existing or proposed landscaping to the extent possible without compromising reception and/or transmission. In this case, the applicant proposes an artificial pine tree to minimize visual impacts on the surrounding area. The Planning Department recommends that the applicant be required to plant pine trees and shrubs around the shelter since the facility is on a vacant lot with little existing vegetation, and the landscaping would better screen the facility from neighboring properties. This has been included as a Condition of Approval (No. 16). The Land Use Code requires co -location of telecommunication towers where feasible and found to be desirable. In this case, there are no other co -location opportunities in this area. The Land Use Code also requires telecommunication facilities to be located at least 75 feet from any habitable structure on a separate property. The proposed facility meets this requirement, as the closest habitable buildings are single-family and multi- family developments located approximately 175 feet across Kimball Way. Kimball Towers are located approximately 250 feet across Kimball Way. 2 The proposed facility is inconsistent with sections of the Land Use Code that encourage telecommunication facilities be constructed to integrate into a building's design, rather than provide service via telecommunication towers. The facility also could potentially affect future development on neighboring properties since any habitable space must 75 feet from the facility and the facility could block views of future development. However, the lot and immediate area are vacant or undeveloped in nature and it is unknown if any development is planned nearby. Staff is not aware of any projects at this time. The proposed project has been reviewed in compliance with the California Environmental Quality Act. Staff has determined that the proposed use is categorically exempt from environmental review pursuant to Class 3 Section 15303 (New Construction or Conversion of Small Structures), for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The proposed use would be consistent with this description as a new, small facility. Department comments Comments were provided by Fire Department require compliance with the California Fire Code and National Fire Protection Association codes. Additional comments provide specification for signage, and that the Fire Department is included in all rough stages of inspections. Comments were provided by the Engineering Department that require: 1) Missing street improvements be constructed 2) More detailed plans be provided to determine if the proposed electrical meter location conflicts with the existing fire hydrant and back flow preventer, and 3) The "no parking" (red curb) along the property frontage be repainted. Engineering also provided standard comments for entitlements that approve future construction. Conditions of Approval Standard Conditions of Approval have been included in the staff report. The Planning Department added conditions regarding landscaping and irrigation on the property, requiring compliance with applicable codes, and all necessary state/local/federal permits. Additionally Conditions have been added reflecting Fire and Engineering Department comments and requirements. 3 Required findings The Municipal Code contains required findings for Conditional Use Permits. There are six required findings: 1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code. The use is allowable within the Major Mixed Use District zone pursuant to a Conditional Use Permit, and the proposed facility meets the required telecommunication facility design guidelines that including the applicant making a good faith effort in achieving colocation, the facility provides the minimum distance requirements from habitable space, and the facility is sensitively designed to minimize visual impacts. 2. The proposed use is consistent with the General Plan and any applicable specific plan. General Plan Policy E-3.3 encourages access to wireless internet connections, computers, and other forms of communication technology; the proposed telecommunications facility provides internet/cellular data as well as standard cellphone service capability. In addition, the proposed facility is a conditionally -permitted use in MXD-2 zone. 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity. The 45-foot artificial pine tree and required landscaping will adequately screen the 12 panel and one microwave antenna. Furthermore, the eight -foot block wall and required landscaping will provide adequate screening of the equipment from adjacent properties. Future development is unlikely to be impacted because the only neighboring property likely to be developable is the same owner as the subject property. 4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints. The site is suitable for the proposed telecommunication facility because the use has no minimum lot size or density requirements, and the facility would only utilize 460 square - feet of the mostly level, 10,356 square -foot lot. Furthermore the lot has access from Kimball Way and access to all necessary utilities. 4 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located. The proposed facility will not be highly visible because the 45-foot artificial pine tree and associated equipment will be adequate screened from adjacent properties. Furthermore, the 1996 Telecommunications Act states that, "no State or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission's regulations concerning such emissions." It should also be pointed out that if approved by a local jurisdiction, all wireless communications facilities must obtain all required state and federal permits in order to operate. A Condition of Approval (No. 14) is included requiring these permits. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act. The proposed project has been reviewed in compliance with the California Environmental Quality Act. Staff has determined the proposed use to be categorically exempt from environmental review pursuant to Class 3 Section 15303 (New Construction or Conversion of Small Structures), for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. Summary The proposed project is consistent with the General Plan and Land Use Code in that it meets all applicable design requirements for wireless communication facilities. The project is considered 'stealth' in that it would blend with newly planted trees. The antennas would not be highly visible and the operating equipment would be completely screened from view. The new facility will help to provide coverage in an area with limited service and provide additional reception for Verizon Wireless customers. The options available to the Council are as follows: 1. Approve 2015-24 CUP subject to the attached conditions, and based on attached findings; or 2. Deny 2015-24 CUP based on other findings as determined by the City Council; or 3. Continue the item in order to obtain additional information. 5 RECOMMENDED FINDINGS FOR APPROVAL 2015-24 CUP — 1320 Highland Avenue 1. That the proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because the use is allowable within the Major Mixed Use District zone pursuant to a Conditional Use Permit, the proposed facility meets the required telecommunication facility design guidelines, including the applicant making a good faith effort in achieving colocation, the facility providing the minimum distance requirement from habitable space, and the facility is sensitively designed to minimize visual impacts. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, because General Plan Policy E-3.3 encourages access to wireless Internet connections, computers, and other forms of communication technology; the proposed telecommunications facility provides internet/cellular data as well as standard cellphone service capability. In addition, the proposed facility is a conditionally -permitted use in Major Mixed Use District zone. 3. That the design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because the 45-foot artificial pine tree and required landscaping will adequately screen the facility. Furthermore, the eight foot block wall and required landscaping will provide adequate screening of the equipment from adjacent properties. Future development is unlikely to be impacted because the only neighboring property likely to be developable is the same owner as the subject property. 4. That the site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, since the site is suitable for the proposed telecommunication facility because the use has no minimum lot size or density requirements, and the facility would only utilize 467 square -feet of the mostly level, 10,356 square -foot lot. Furthermore the lot has access from Kimball Way and access to all necessary utilities. That granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the proposed facility will not be highly visible because the 45-foot artificial pine tree and associated equipment will be adequately screened from adjacent properties. 6 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, because staff has determined the proposed use to be categorically exempt from environmental review pursuant to Class 3 Section 15303 (New Construction or Conversion of Small Structures), for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. 7 RECOMMENDED CONDITIONS OF APPROVAL 2015-02 CUP — 205 Highland Avenue General 1. This Conditional Use Permit authorizes a wireless communications facility on a vacant parcel on Kimball Way identified by Assessor Parcel Number 560-410-03. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A and B, Case File No. 2015-24 CUP, dated 10/5/2015). Any additional antennas or facilities must be in substantial conformance with the design for installation shown on these plans. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 4. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.12.040 of the Municipal Code. Building 5. Plans submitted for improvements must comply with the 2013 edition of the California Building, Electrical, Plumbing, Mechanical, Energy and Codes. 6. Call 800-227-2600 (Underground Service Alert) for mark out prior to any digging activities. 7. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 8 8. Exterior walls of accessible poles/walls to a height of not less than six feet shall be treated with a graffiti resistant coating subject to approval from the Building Official. Graffiti shall be removed within 24 hours of its observance. Fire 9. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA). 10.AII required signage shall be designed and installed to the Fire Department's specifications. 11. The National City Fire Department shall be involved with all fire inspections for this site. Rough inspections are required for all phases of work. Engineering 12. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. If required, an approved SWPPP will be required prior to issuing of a construction permit. 13.AI1 surface run-off shall be treated with an approved Standard Urban Runoff Mitigation Plan (SUSMP) Best Management Practice (BMP) for all Priority SUSMP projects. No runoff will be permitted to flow over the sidewalk. Adjacent properties shall be protected from surface run-off resulting from this development. 14.A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any trading construction on private property. 15. Street improvements shall be in accordance with the City Standards. All missing street improvements shall be constructed. Abandoned driveway aprons shall be replaced with curb, gutter, and sidewalks. 16.PIans are incomplete. Plans submitted for permits must show the existing fire hydrant, and valves where the proposed 200 amperage electrical meter and pad are proposed. 17.The "no parking" zone (red curbing) provided along the property frontage shall be repainted. Planning 18. All operations, including ongoing and temporary/maintenance activities shall conform to the standards for noise emission as stated in Title 12 (Noise) of the National City Municipal Code. 19. All appropriate and required local, state and/or federal permits must be obtained prior to operation of the wireless communications facility. 9 20. Any equipment visible to the exterior of the facility, including cable chases/trays, shall be painted to match the surface on which it is mounted. 21. Landscape and irrigation plans must be submitted / approved with building permit plans. The plans must provide 36" box minimum pine trees and 15 gallon shrubs in a number sufficient to screen the facility as determined by the Planning Department. 22. The permittee shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant and the complaining user. This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 23. The applicant or operator shall be responsible for the removal and disposal of any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete within six (6) months of discontinuance. 24. In the event that the property is developed, the facility shall be relocated or incorporated into the new development subject to design requirements for wireless communications facilities applicable at that time. 10 2015-24 CUP — 1320 Highland Ave. — Overhead EXHIBIT: CASE FILE NO.: 9-0 I"S- 2-Lt C.JL-(461 DATE: it)/ s 44 OVERALL HEIGHT 'al, FROEG:i. 41C,40.44E: 45-0. LEGAL DESCRIPTION Farr. 1, 76.1 E4.51 1315 or MC 1E4 WIC oar 11 111 1420161 Met. 114, LL WPM env Of 114041. elri) MARV OF WA 6304 96101 00 e30142116 11106160* 10 1166101 64 wpm na. 64. 01 Tx con. Or 116 003.1 50000 pc 5465 ITTP., Men. noRFFROKI 5.11..143 210 FED or T. 401007 INCREOF. 0)30 11045140441114 10011044.7 400400011010 sa Ter eirl OF AMT. on 51 10011404! mare. wiLT 26. MI he IldsTRukeiTHO. 11153 srPou' 0010. 11 ALL OW' Fan. Or ME 0044111.1 iik.f Or I O-Acilf LOI II VW.= 44e1Th1 191 oa 0000400 140401144 5 115 cm 10 555•15 cm. 001115746 Sal 6E61.0100104 cairOillek atm.. TO Ler 00064 2? TanigeL Kit Ise in 114E arscc DM. Wee.. Or SW or.... 0E0163011143005.: comealail 47 TE 0017,101001447 DAIRY 4031 . DO LOT : I: 1.0664 DEMI." mere THE 311456401' TinC Of De LOT IL 950 MET: Wm. TaRnfilly 04 0 1446 1160.111.0011 TIE 1.5061Lv 66 Dian, 16.11 oF 5.1 Los IT, 210 FCC 10 Fran, 1146 Ten. ROM. or 3 unE ?,01401E1661 303160074. or Loo 40. Tsio it A Kull al N. .3101. LITE OF .3 446701641134,16or .6 ug: 'mum 0000411* &NG SUR lit.61110. TIME 240 9811 111 ME PONT oF 0131164450E11 DAM. REinyn40 044 souriERLv acrui eon.. TO MC UT OF 50710/141. ev 0040641 MOW. AuLT 26. 1974 At 0110901017 00 40.3 OF OfF/Lle. .000,311 630 010136111 fl034R1101011 ReallOtt OMIT TO .. eacreAWY 0843.460.0 coreene. or MC Oltt OF nem. OTY OY 06400(13600 1.0.16 3) N.. 039310410 Wee. mint FoRrew 1:6, nit EnSTERLY Hillr or Met LOT II 90SEM. T.. wiecito 1041 meow 30004201 sa 049.111r.f1875) .43 42115100 66 ow. OF 1116 Oenonv noon. Or 614won. More. Al 4010102 mem. wr 3 Fo•O 94MC 3156.3, LI. OF DO COW. t1.1. 10 Fe. .r I) orrair 11.1(1100 scent; or 0510060161 DIM TUT FRO. MC 1646066661 0044401 CV eeo eke p,c10 960*7 04 90610104 x In MOT ..tra a.. 10666 mannE.M.V. 3 Rho. 1116 OF WO Oar 04 331)11 is AV 11.1.137 10 PM Mtn) Incnec Dertew.0. ME .0 er 3410 05040 44250 FM WARN a, A.. Or SI 451104 smo 5.1. Ir irper 2.00 neT To ...3/6 in lee 00406114.? 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II.. 15440 nmela 63118164645 on 3.0 ONITTa amen 11.0 .6* IMF 60411 anTO 1.000 mum (41*1 DEGO 94flit40) 140,12 SAN Moo (To 111321. 00111106 On 1-e 11161541e (62.41411.1 4411 1111 14.00 1-535 Turn (I. 3114 In 74440.01 10.111 160646640 0160 Der 91223.4161110 ..)• 104141.11 04450 ,7410410 wave (02 414111. AM. AI 45001 WT. oterounex 6 a 'Pc loco RD.. 1.2166, DMA 1060, 66011.3 91150.3344 PROJECT SUMMARY APPU64111. vv.. MI= 1.3) Piftwi ...tmuL DI WANE 6,467400140000 OWNER: ntoex5 muu 6111T LOME Mar 3771 trasETT OON)4 474 06O40 Mr.. 12100 CCIKEIGT. ifer.1,1.1.1112,U.00 PROECT 106604.434/0e0RE: WARN 000.010 OECRAlt 3.49 1.1.4.1141t ...KO 6*00*E51 5210610411015 MOAT. nns Filipurr 643 0600OF 66 101016690 40) 'new. greo. MM.. (I) 001.19024442-0,2002 blovOnNI evit! Foe 10291/0110 111e1406 4401.101 . 1115 9600505 110101. re) ../09. anew 1/1311 hi16147411 • IZI PROP061,0 0,01P11C11,. • pi PROM= 404e6 12111606 . (1) 9000602 511410-57 CDMoreal . J44 mom. 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WM, 903 MON 96---agyze 461 THE 'lig 1.10•1 4040(111E 6411 tizau FREvel ACCESSIBILITY DISCLAIMER 1)04 1.404C01 it At livIOCCIPIED ••••••• 606 10100111041111000 DOIL. new 010010110 la enerer. 466/014010114411001413 0441001.61 019.4001106 or MTE di Mei rime M... MIMS 61.3400411 SCALE 730 wen. 96413 510.4 14 104 SET 1169130031 ME LOANED STALL ON. atEii 1106 pp.= ,..pc 24.-926 Minx e nal- 3.13E. 690 no et not TO 561401 „---•---..... J•f f ray P.5.• I • :4330014T08 • ...,noatea 1 iiirecamifflunitttiowsi E. 40.1,41101 6,19. , isles L. 46 9493.33.9 i in 94934691. PROPRIETARY iHrupbusoN na 04110.1)05 00010436 40 D. 50 OF C00661oe00n 0001.166413 6 5404600T017 115 laillARE 641600 64 wooL000ne area Taw re. siewei. MELWITES T. vaPPP. 54553.5 5 MERV PROHIBMI .61614o MI verizonv 15505 5.40 inifitin iiiVr•VE Wog. 04u11001141 42041 i, (a,Ci-rttiii , • _ 4004 - U•1110 041101ellf. SRE AC10646. 6.11...... -- .I ie. HIGHLAND PLAZA (IDE) 1120 Hle,14...... 101101413 0111. POMO. 211150 oname Oni. 160/10/15 PACLOomer! 201 (4.)) 40/20/17 'OM RFS 4731 10/10/15 1006 246 IRV -- - - MDT 1612 TITLE SHE(( T-1 ,... 50 KEYNOTES 4> 4> TRaPONTa me PPM N.0 O' 1Ip1 C440.0)1 v LL [N0..0 ...NE 0441Y0 PROR[1r MO NEC S5EOS 15-1. LS•2 Ole-0. anode PMMNO. EASY. EMETIC 1. MC.- SEC SAWS 11A-l. LR-1 14 11-S. R0OPpRO 4SY IY-0' ROC AI .T014U64C IAm[55 Tam AM 41y-q.-f0 9ENERAL NOTES f01 S000C 7 & E1 MMIT. NEC VETS 15-1. U.E 411e 15-0. C. RIELMNY. 0 IRPTINM. PMLr16.C42 nn O. TOM A.M.) 415A SEFIIPE CONSTRUCTOR: 0 SO TT. TOT*. IMEFi045 u1E4 0 10 coMntacrIM E. IOIN MG OSTIROER FILL r001M0i 1E0 4L Ir. 4ILOY 111p00440 O40 aq. rr. r. TOTAL 'MORON!. v1e LENS AMON 487 SO. Al, G A/O 104! 14N4k('r2P[A N/A. 0(150 O41 MlNUFI41U1R POW 'mal. MO.L MMSLR 0104-402-001-004. I. 5M COMMA. � ont I[0 1055 r I -nO.} 10 OWE MY NO AI 4. MAMMA (E) LaNDMAS: 4074U , 14Ce0. STORM WATER QUALITY NOTES CONSTRUCTION 9MP'S Iw 400400r SN41 COMPLY Frig ALL NOMM.5M4 Or 114 Yues+K PEATY mum 11. VA RCM TSOIO4N. lame Sof4n COMM. GUARD 15PF.Gc6S 1442*, 11450 YAM MATV14. P0LLU51044 TMINT m[ nlyea144 44SW O nf1) Po141i M1 ,4MUlrtr 14 SOS? 001P:/AIMMYNGQ41.40Y/ v.1u155vE5/R1Ocw5/5r0•w50/G051IMIG100.TMAI.1 MO nc Cm OF am MEM .41 00.ELOR/01r COOT Mrn1N005111404ra5m4/ umamefiARMIMOMM4a/F41 Hma 4ANS Pam 0 Pr ORMYT-SE /AYMS/ 41POr T. T. CLAMMY. SM . OE RESPG58LE TOR CIE1NUP Or M,L NET M0 MT manta), 4ue 10 MASTP 110.4 00100 5 0A MY Ono Ian TMUC0011 48211Y. AT THE CM Or EACH F0501 On. a 4r1Cr A Amu CM. T14T CROW A eerm4 MO Mr.. CO0SIROCIEIR' 4LV'S 41ICH ix, CONTROME S1484 WE. g)r441Y R.N. 4AT TRY=. AR44DL61 OTISrq,Gm1N pm OAT MNREOISYE TO RRE4Gf 'S1%p.I11. P 4ENICCES OR Em1.44.1 0440 14IfJ11.4 1L0 OR Sr.r PM STREET. AJL se LOT TM R.PGla00 R ATERIT ROT4N SEMI WENOM! MI ME 154COED 14 CPrOp20 ALL REMON*L MP DOMES N4MA 4E 4! rum .n 1NT TAD of llEh 4GR4140 0. 0w r445 my Ru44 PImMBun Pm11140T 0344 09 MR. 0[ 11+T111 4LASTRulc M4 PM_ Of � 1m4 r01 OEt'1CTS S AM“ 4. r0 9E ROOM) A MCC MI 50E 14C ri511Mt104 44.1 RESTORE Al 00060N/S1P,IEMr yry4mp, CMCEa TO MM. 04001. MEN ENO( R111-OR7 PROO..c pt1RUL a4 IPIEF um McTR44 OREALH M OrECTF01E55. IAµ NAMMAT NF C0ETIO OA 4674 4E0 OT CONSTRUCTOR A4R1TIY Be RRMEC1E0 R4I6! E40L04 0450 SS4E/0 FW45WNf N F.J. TOYER 5. 1N£ STOOGE Or ALL 40415r145F101 ANTIMAR AND E0UP4G1 4u4r Ai TRRTuct,10 441LYS INC 04540/41 (5.140m Of POt11FNPS 800-227-2600 Call 2 Full Working Days In Advance SITE PLAN SCALE: 11.50' 0 25' 50' f t • Jeffrey Aaln.l A 64OGm,.Mm 113d11.5e4R I IIII..•4w1.1..11141 111 14u•14r. 011rr . 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MD .1.7,11 RPRORRIP. cosms MID/DM rWftlL !.LE mgr. or-1, LS-2 LS-14 pxt PARIIIIC SNIPS 12 STOLISI 2°42%X.Walftiv9210%rr WM.03 VTO POPO 1,111C311,REIROPLAPIELY 15 OW coOpic 4-1. cap PREPREPOLAC 61E11E04 U1L11E II Lsr/ MTh ossrm umrr POlf, PEA OPRS ARP3ST OMR AueEll IR. 1.315, SZ7Nerorg"AULT6V114" ENLARGED SITE PLAN •.:_•••• ''.'.`-•:;-)‘, --.•••=i.-,.:),-) \ „----.; -\- i „ --- % ,-' \ ..,1 `„ 1...,-7" '-).....- -..... ,,,,,s1I ,--.....7-''Sk......, ‘,... ,....,1,,,,:4 5110-410 -22 kr-f--k ••. ,,,, , k \ i--•,‘ 1 1 ......s../...._,„..... -L., • •-• ') • — APEL S60-41c-Od. •sr5-‘,, — — •N-; It k 4TA SI° 053 v • • AM: 56a- cS0- 10 \, AR* 56n-cho-i1 562 - Q5c-12 1 • • • / • •,,/ ,.' ....---"'°- .:/'„:„ _ , -• ------ - - ------1-12„-----:------- -- ------- ---- ' --------> - - - -- ........_ ., t.,--- .-..---- t - l„-----.--7------ - --- .,.----- , - ---- .„--- .... __-- 1 --- SCALE: '20' 152.1 0 10 201 1 • • • - J•ffrey • ASSOCIATES - .• rag,i,trelver I 1....14.111511.0, 1311 ...... IRE Smile 111 131415.11/1112111; ;EV1'4;16:1:31 pm, laCTARY 111FORMA1/011 rEP ureipulION CONT1P107 .1 RE CarrsucEux etesPrEsTS 01 11111•10EDRI PT WORE.00 osofisuse 00.11111W51 INAT 1434110 RELATES TO EesTrau .RELEss 14 sours, PRORIPPCS. MCP.= F. verizarri suo soma AWE. REEK mine. nem ...PROWL! ZONING erniTIEJETION sErE OMR Rin1PSEAL SITC HIGHLAND PLAZA (MCE) 'spa maoh0 AVEH111 Falb. en. en: row., SIESII *pi, W. 0•11./11 10/Ro/Is 011.1Es, prrauoloIrr 401 31PI1 IMRE VA IP* logs 3415 IPS) SUM* MR FNIARGF.D SITE FLAN A- 1 •0 KEYNOTES a.703 vrr 1d-DxSY-x-X 0'^D' NiBN CMV 910Gs puLE pLVOeuaL PPLPE60) LAM 43.-0• ILw 1sDs>osE. PDmerre v01•1 [aAE PR00035. v2e pampa N*0-• P1ICIDWCO YE�rve meuerD ON PROPOSED PDDP0910 Hv Wwo-0r wxa.0+D'c 4> 4> W P RO m 11f/R ftg.''•c EADR_) 140RRUl0. P000ORD vmr' SeL0 IOA MUSS WT. Mina CL0) *ALL cur emu Wu pie0 MC* PFIE11a., PIoeDDPO 10'-0' 1ROE CONGRTC 00404 l0. 00 a1 r l /. t 1i f,/ • E) 00-D• 04) N WEEyTl1 w,1OFaIDce21T u-S t L9-1 NEOEW p� rel. TO YL 0OIP.04 CDODC D.T 101. 50,1sc PO C 101. PROP0SCD 04010(Iss11VRe PRDDO6W0 rip'' aura -we. -0• ON Wr LPs.T11 r/I D1 N M Der 12D• VAC MCI NDTES: ANTENNAS NOT SHOWN FOR CLARITY; SEE DETAL 1/A-1.1. EENLARGED EQUtPMENT PLAN SCALE ANTENNA SCHEDULE PROPOSED c TOP OF EST. COMT ma,,,, D8nT ANTENNA SIZE I ANTENNA LENGTH �f 4 8'-0" If7YgR1O 44.00 FT 65A0 FT Tan DEGREES 7f8 / 4 8 (II HYBRID 40,00 FT 85.00 FT T80 DEGREES 7/8°f B HYBRID 4D'00 FT 65.00 FT TB0 DEGREES SECTOR BETA DELTA FREQUENCY DMZ) 68B - 2690 GAIN 14.1 ad PEDRQOl1TIL TWO B4 VERTICAL wit) 0.7 POLARISA110N STINT 345' N545R SReureaD(AICIr/MI) 01.5a 96.1X14.BX8.7/244DLi77X169 CONNECTOR TYPE 6XT-16 o0Y FEMALE (LONG NECK) CONNECTOR LOCATION BOTTOM aumerrr A2IMUTH 4 75. DEGREES 195' 4 DECREES 34Y =EGR£ES ANTENNA SCHEDULE SPECIFICATIONS M[ DECD vnl a (a ra sere IEFOLE R5 R W �/iPl DIAMETER. 255 S.F. MONOPINE. NOTES: 1. DETAIL SHOWN FOR REFERENCE ONLY. 2. BRANCHES TO EXTEND A MINIMUM OF 24 INCL8S IN FRONT OF ANTENNA. ANTENNA PLAN PROP06E0 Yrw RDD'S, Ts 010 sfCTOR1 PR0PC4m NIR 44(O0N5 O DD0L) SCAM T •a 1 4, • Jeffrey Roma' 150Oe1ATV• III mmmmm .A . •Drips . Sr10I 119D ,rrlu.Nl.101 INrN:N 1ID19 J RH.riI.)9T! 1 NN ++s.Hs.1rSL PROPRIETARY IMMOLATOR 111E m00111101011 C001111000 N .15 al OF 0Ac110lNLem10 m. e19 weopmenarr 01i. 41 1411Sm1NETc % vtllzo 0*141SS 5 5mF1lr 0IDID.I26Ee P0ER41m T00 verizorry IMC04004 C111FDRW4 1221(+10 fa rq, t /•il'R'JDIW 4 e Ae" x.r. DI.0 CWW1ROCm11 NM aeaunlmu ermra APPR010L _ — SIR _ . —_— HIGHLAND PLAZA (MCE) ram 1rtw0 M0N.E rumw. Mr, our0axu O.930 _—___ l004 4xe emu_ 1 01//110/1p0Ts On1 API) ID/Dx/I6 10DX ms n1) W0LO 104E ENLARGED EQUIPMENT PLAN. ANTENNA PLAN, AND ANTENNA SCHEDULE SPECS A-1.1 KEYNOTES • 4> 4) 4) Zol&Tr10 Al0rmm w'-N= riNo OnaYLEL 60Lr CLM1L* NGi05La 07P Mgt. f+ r4r 5 14111. ie*004F4 Mr (-Tr 1.1KI10401440 wm*IP rn017*4 '! r .5'-0' M. 4000VnC. te/C " xa Y C.r� la ewvmu.rnoa'0 0 rJ+ OROf06La %CR MP WA +�� OrJf- SOUTHEAST ELEVATION KEMOTES 4> 4> 4> 4> 4> wlII I" Owa N[La1L SOCK LP[n u:Imc`uo°ra rnb'rqn �' wmxYwnL. ".eraser. err earn, 1. PLa seewa} PROr060) VCR ♦'-e'f 1rtllerb( MNIERN. VN4Prpassco,'R+ Js_y HIGH eene.1HL. MOO' xe Sr—FPMicro fl4t06UPEe"' m e x°aY'R"-H uu '..TEMs rflm.al40 NORTHWEST ELEVATION 26 6 MGMNm Yew 4O4OPie1. SCALE: —g /]_— 3%10*-1%.0" 0 3' 0'ISTrL SCALE: 0 3' 6' Jeffrey Nome 900011<TES Ia.•o� ee n Ir CPllf.rni. a Id 1.1eiu.Jg1 l a. w1.ni.1eu PKVIIIETARY IKroiHOION TIE --11..R61 t0MVICO er 01115 eno.Newr' rr 4.1 C !BF eR LISC S rr OMR nrrH Tlur W.f. IIS5TRICRY PA016m0. PREPOPM e } MINK WPM& MIA CiPMV fl. Set MUMMA OWNER Arrn0wc 64IT MA. HIGHLAND PLAZA {RICE} vm H*NTsse Mxl.e rrw0rw, am, Naf01*0 PIMP 09/16/1S a1/4r/le I0/0 016 OPNMH6 0411:5 fa00W.T za's VI) imax Jes O':1 aq!{ S*S Iu1 ELEVATIONS A-2 KEYNOTES • 4> 4> pR 0 YCN(�� ENNAB well PNE KCaLC SOCM COKA M 10 P10P460 1}.-N xux NexMIxL P1uPa6m Q. PAWS. (I PER SEEa014. pPnosEa ww 1'-a' NICRCIFAE ANICWtI. PROPOSER WI' 45-4- xlex upxe!lNE. pxo'-e' x 9 A14 O:LC EII Vn.4.�as[o 4- 41-. TM V PA6PYBm 17* 11ON5PINE NORTHEAST ELEVATION SCALE •rP0 spa•-1•-o•c s a 2 KEYNOTE$ O 4> 4> PUROPLKm 1T1 1 51.1- NAx PI1H xE1LLE seta C017 euxmo ro PR5P6dsE'o�a'-6 NVI luxa+lc Pa1POSEP %ON 1109. (4 PSR SWOP). 5Rpn00E0 V(W R'-OY u1eRONAEC 28101 0.. P. 01W Nrr IV-Cr MX 1.10.101.114. M'T,P44 aw 6(.A araan e: l RRaram SOUTHWEST ELEVATION 3,1 V.I • 0 3' 6' 1 J. (fray llarrrO l • ASSOOIATED runlala.r tarn l.naxltlon 6r1.^T WU. 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OrIlml IN MIS WW.w On HOW Linn vuE e¢ WWRII 01PER WO THAT roan r S<S STRICTLY an g10 n Mega TOR V Z wireless �5 Usorw AMU rPPROw.s vOV'45/[IIPx Ea[ MPJE141 KM MUM HIGHLAND PLAZA 1055 1110 a 1310 +OILMO aK IWIPWL COY. 4A Wawa ohm 11/.3/1S xgaa15+un PN0S.d ETAS/IS MC SDK, LS-3 EXHIBIT: e CASE FILE NO.: iS --2,-t G ' DATE: to/51/3 eruq:3tto amp These simulations are Intended for graphical purposes only and not Intended to be part of or to replace the Information provided on the construction drawings Highland Plaza (MCE) 1320 Highland Ave, National City, CA 91950 Proposed monopirte Proposed equipment enclosure verizon,' Googlc earth 9/16/2015 Photosimulation or proposed telecommunications site r j,J,tea Proposed monopine Proposed equipment enclosure These sin s ?ons are intended for grapfiteal purposes ant,/ end not Intended to be part of or to replace the Information provided on the Construction drawings Highland Plaza (MCE) 1320 Highland Ave. National City, CA 91950 verizonv cigacialThen at 3z�t>72b95 on -117,0987W yy:. 50 ., PROPOSED 9/1.6/2015 Photosirnulatiorr of proposed telecommunications site 17 I..-- l yea " roo..fe These simulations are Intended for graphical purposes orgy and not Intended to be part at or to replace the Information provided on the construction drawings 9/16/2015 Proposed monopine Proposed equipment enclosure r Highland Plaza (MCE) 1320 Highland Ave. National City, CA 91950 verizon Photosimuiatlon of proposed telecommunications site Coverage without site Seaelon• SD_Oefedi User c Tear Sep p 24 24 D9P0:122015 Default Square Mane. NAM CarOerLat S117 C63A5 117c6N Ceaet Len: 02.96 W Cell lb: Cel Nerve El uteri:4_628d sd_wpr_hgleare eseusbarT_MYaaral muKl_b2tRgary GeoWen v6.7 l.AmpeeP r e.endC:wrdereat Covera ge Levels: r; Excellent Good/Variable Poor island Plaza (MCE) 1320 Highland Ave. National City, CA 91950 verizon, Sassbn.SD_Oefaul Utror. CDeehl -RN Sep 240&02;eD 2015 Os(adl Squnt Daun NAM Claret La1:32.4033.05 N Goyim -Lon. T17418.02.96 W LIE ASAP CU: or RSRP [lBrra ■ ›.--76 CIa4-SSR5 ■ x -95 ■ w -405 Stair. 1.15000 GeoP9sn v6.7 10/2/2015 25 Coverage with site CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 519-335-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC- City Clerk NOTICE OF PUBLIC HEARING NOTICE 1S HEREBY GIVEN that the City Council of the City of National City will hold a Public Hearing after the hour of 6:00 p.m., Tuesday, February 16, 2016, in the City Council Chambers, Civic Center, 1243 National City Blvd., National City, CA., to consider: CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY AT 1320 HIGHLAND AVENUE. The Planning Commission conducted a public hearing at their meeting of December 7, 2015 and voted unanimously to recommend approval of the Conditional Use Permit. Anyone interested in this matter may appear at the above time and place and be heard. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice, or in written correspondence delivered to the undersigned, or to the City Council of the City of National City at, or prior to, the Public Hearing. February 3, 2016 Michael R. Dalla, CMC City Clerk 26 Title: -° CALIFORNIA -# NATIONAL CI 'NCOftpoB, CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 Item no. 5 December 7, 2015 PLANNING COMMISSION STAFF REPORT PUBLIC HEARING — CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY AT 1320 HIGHLAND AVENUE Case File No.: 2015-24 CUP Location: North side of Kimball Way near the "F" Avenue intersection Assessor's Parcel No.: 560-410-03 Staff report by: Michael Fellows — Assistant Planner Applicant: Verizon Wireless Zoning designation: MXD-2 — Major Mixed Use District Adjacent land use/zoning: North: Park Village Condominiums and Walmart / RM-2 and MXD-2 respectively East: Shopping Center / MXD-2 South: Single and multi -family residential across Kimball Avenue / RS-2 and RM-2 respectively West: Kimball Towers / RM-3 Environmental review: Categorically Exempt pursuant to Class 3 Section 15303 (New Construction or Conversion of small structures) Staff recommendation: Approve 27 BACKGROUND Verizon Wireless has applied for a Conditional Use Permit (CUP) to construct a wireless telecommunications facility and install associated equipment (described below) on a vacant lot. The design for the facility features an artificial pine tree. Project location The project location is a vacant lot on the north side of Kimball Way. The lot is located between a shopping center (1320 Highland Avenue) parking lot and a drainage channel. The facility is proposed adjacent to the east property line adjacent to the parking lot. The overall property is 10,356 square feet in size and is located in the Major Mixed Use District (MXD-2) zone. Proposed Use The applicant is proposing to construct a 45-foot tall artificial pine tree with 12 panel antennas and one microwave antenna. The proposal also includes three equipment cabinets and a generator. The entire facility would be contained within a 23-foot by 20- foot (467 square -foot) equipment compound surrounded by an 8-foot high, block wall. Analysis The proposed telecommunication facility is designed to address an area of weak service in the Verizon Wireless network. The proposal is consistent with General Plan policy E- 3.3 (Education and Public Participation) that aims to increase access to wireless internet connections, computers, and other forms of communication technology. The proposal is also generally consistent with the Land Use Code, since the Code specifies that wireless communications facilities are a conditionally -allowed use in the MXD-2 zone and for the reasons detailed below. The Land Use Code requires that telecommunication facilities be sensitively designed to be compatible with and minimize visual impacts to surrounding areas. It also requires that telecommunication facilities and appurtenances be screened by existing or proposed landscaping to the extent possible without compromising reception andlor transmission. In this case, the applicant proposes an artificial pine tree to minimize visual impacts on the surrounding area. The Planning Department recommends that the applicant be required to plant pine trees and shrubs around the shelter since the facility is on a vacant lot with little existing vegetation, and the landscaping would better screen the facility from neighboring properties. This has been included as a Condition of Approval (No. 16). The Land Use Code requires co -location of telecommunication towers where feasible and found to be desirable. In this case, there are no other co -location opportunities in this area. The Land Use Code also requires telecommunication facilities to be located at 28 least 75 feet from any habitable structure on a separate property. The proposed facility meets this requirement, as the closest habitable buildings are single-family and multi- family developments located approximately 175 feet across Kimball Way. Kimball Towers are located approximately 250 feet across Kimball Way. The proposed facility is inconsistent with sections of the Land Use Code that encourage telecommunication facilities be constructed to integrate into a building's design, rather than provide service via telecommunication towers. The facility also could potentially affect future development on neighboring properties since any habitable space must 75 feet from the facility and the facility could block views of future development. However, the lot and immediate area are vacant or undeveloped in nature and it is unknown if any development is planned nearby. Staff is not aware of any projects at this time. The proposed project has been reviewed in compliance with the California Environmental Quality Act. Staff has determined that the proposed use is categorically exempt from environmental review pursuant to Class 3 Section 15303 (New Construction or Conversion of Small Structures), for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The proposed use would be consistent with this description as a new, small facility. Department comments Comments were provided by Fire Department require compliance with the California Fire Code and National Fire Protection Association codes. Additional comments provide specification for signage, and that the Fire Department is included in all rough stages of inspections. Comments were provided by the Engineering Department that require: 1) Missing street improvements be constructed 2) More detailed plans be provided to determine if the proposed electrical meter location conflicts with the existing fire hydrant and back flow preventer, and 3) The "no parking" (red curb) along the property frontage be repainted. Engineering also provided standard comments for entitlements that approve future construction. Conditions of Approval Standard Conditions of Approval have been included in the staff report. The Planning Department added conditions regarding landscaping and irrigation on the property, 29 requiring compliance with applicable codes, and all necessary state/local/federal permits. Additionally Conditions have been added reflecting Fire and Engineering Department comments and requirements. Required findings The Municipal Code contains required findings for Conditional Use Permits. There are six required findings: 1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code. The use is allowable within the Major Mixed Use District zone pursuant to a Conditional Use Permit, and the proposed facility meets the required telecommunication facility design guidelines that including the applicant making a good faith effort in achieving colocation, the facility provides the minimum distance requirements from habitable space, and the facility is sensitively designed to minimize visual impacts. 2. The proposed use is consistent with the General Plan and any applicable specific plan. General Plan Policy E-3.3 encourages access to wireless internet connections, computers, and other forms of communication technology; the proposed telecommunications facility provides intemeticellular data as well as standard cellphone service capability. In addition, the proposed facility is a conditionally -permitted use in MXD-2 zone. 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity. The 45-foot artificial pine tree and required landscaping will adequately screen the 12 panel and one microwave antenna. Furthermore, the eight -foot block wall and required landscaping will provide adequate screening of the equipment from adjacent properties. Future development is unlikely to be impacted because the only neighboring property likely to be developable is the same owner as the subject property. 4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints. The site is suitable for the proposed telecommunication facility because the use has no minimum lot size or density requirements, and the facility would only utilize 460 square- 30 feet of the mostly level, 10,356 square -foot lot. Furthermore the lot has access from Kimball Way and access to all necessary utilities. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located. The proposed facility will not be highly visible because the 45-foot artificial pine tree and associated equipment will be adequate screened from adjacent properties. Furthermore, the 1996 Telecommunications Act states that, "no State or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission's regulations concerning such emissions." It should also be pointed out that if approved by a local jurisdiction, all wireless communications facilities must obtain all required state and federal permits in order to operate. A Condition of Approval (No. 14) is included requiring these permits. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act. The proposed project has been reviewed in compliance with the Califomia Environmental Quality Act. Staff has determined the proposed use to be categorically exempt from environmental review pursuant to Class 3 Section 15303 (New Construction or Conversion of Small Structures), for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. Summary The proposed project is consistent with the General Plan and Land Use Code in that it meets all applicable design requirements for wireless communication facilities. The project is considered 'stealth' in that it would blend with newly planted trees. The antennas would not be highly visible and the operating equipment would be completely screened from view. The new facility will help to provide coverage in an area with limited service and provide additional reception for Verizon Wireless customers. 31 OPTIONS 1. Approve 2015-24 CUP subject to the attached conditions, and based on attached findings or other findings as determined by the Planning Commission; or 2. Deny 2015-24 CUP based on findings as determined by the Planning Commission; or 3. Continue the item for additional information ATTACHMENTS 1. Recommended Findings 2. Recommended Conditions 3. Overhead 4. Existing Wireless Facilities Map 5. Coverage Maps 6. Public Hearing Notice (Sent to 78 property owners & 485 Occupants) 7. Notice of Exemption 8. Applicant's Plans (Exhibits A and B, Case File No. 2015-24 CUP, dated 10/5/2015) MICHAEL FELLOWS BRAD RAULSTON Assistant Planner Executive Director 32 RECOMMENDED FINDINGS FOR APPROVAL 2015-24 CUP —1320 Highland Avenue 1. That the proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because the use is allowable within the Major Mixed Use District zone pursuant to a Conditional Use Permit, the proposed facility meets the required telecommunication facility design guidelines, including the applicant making a good faith effort in achieving colocation, the facility providing the minimum distance requirement from habitable space, and the facility is sensitively designed to minimize visual impacts. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, because General Plan Policy E-3.3 encourages access to wireless internet connections, computers, and other forms of communication technology; the proposed telecommunications facility provides Internet/cellular data as well as standard cellphone service capability. In addition, the proposed facility is a conditionally -permitted use in Major Mixed Use District zone. 3. That the design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because the 45-foot artificial pine tree and required landscaping will adequately screen the facility. Furthermore, the eight foot block wall and required landscaping will provide adequate screening of the equipment from adjacent properties. Future development is unlikely to be impacted because the only neighboring property likely to be developable is the same owner as the subject property. 4. That the site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, since the site is suitable for the proposed telecommunication facility because the use has no minimum lot size or density requirements, and the facility would only utilize 467 square -feet of the mostly level, 10,356 square -foot lot. Furthermore the lot has access from Kimball Way and access to all necessary utilities. 5. That granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the proposed facility will not be highly visible because the 45-foot artificial pine tree and associated equipment will be adequately screened from adjacent properties. 33 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, because staff has determined the proposed use to be categorically exempt from environmental review pursuant to Class 3 Section 15303 (New Construction or Conversion of Small Structures), for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. 34 RECOMMENDED CONDITIONS OF APPROVAL 2015-24 CUP —1320 Highland Avenue General 1. This Conditional Use Permit authorizes a wireless communications facility on a vacant parcel on Kimball Way identified by Assessor Parcel Number 560-410-03. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A and B, Case File No. 2015-24 CUP, dated 10/5/2015). Any additional antennas or facilities must be in substantial conformance with the design for installation shown on these plans. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 4. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.12.040 of the Municipal Code. Fire 5. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA). 6. All required signage shall be designed and installed to the Fire Department's specifications. 7. The National City Fire Department shall be involved with all fire inspections for this site. Rough inspections are required for all phases of work. 35 Engineering 8. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. If required, an approved SWPPP will be required prior to issuing of a construction permit. 9. All surface run-off shall be treated with an approved Standard Urban Runoff Mitigation Plan (SUSMP) Best Management Practice (BMP) for all Priority SUSMP projects. No runoff will be permitted to flow over the sidewalk. Adjacent properties shall be protected from surface run-off resulting from this development. 10.A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any trading construction on private property. 11. Street improvements shall be in accordance with the City Standards. All missing street improvements shall be constructed. Abandoned driveway aprons shall be replaced with curb, gutter, and sidewalks. 12. Plans are incomplete. Plans submitted for permits must show the existing fire hydrant, and valves where the proposed 200 amperage electrical meter and pad are proposed. 13.The "no parking" zone (red curbing) provided along the property frontage shall be repainted. Planning 14.AII appropriate and required local, state and/or federal permits must be obtained prior to operation of the wireless communications facility. 15. Any equipment visible to the exterior of the facility, including cable chases/trays, shall be painted to match the surface on which it is mounted. 16. Landscape and irrigation plans must be submitted / approved with building permit plans. The plans must provide 36" box minimum pine trees and 15 gallon shrubs in a number sufficient to screen the facility as determined by the Planning Department. 17.The permittee shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant and the complaining user. This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 36 18.The applicant or operator shall be responsible for the removal and disposal of any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete within six (6) months of discontinuance. 37 1,375 2,750 }63 ,1?t0t Feet 5,500 A \ L1 \ :4TER' SS ) Wireless facilities in National City Wireless facilities in unincorporated area Wireless Communication Facilities National City Planning Department 2012 0 FACILITY APN LOCATION PROVIDER FILE NO 1 562-340-44 2434 Southport Urban Comm Rad CUP-1992-11 Radio communication facility (microwave transmitter)- 80-foot tall tower and 8-foot in diameter dish antenna 2 562 340 26 300 W 28th AirTouch CDC Reso 94-28 75-foot monopole with three sector antennas and 450-sa foot eauipment buildina. 562-340-26 300 W 28th Nextel CUP-2003-30 12 antennae on existing communications tower and a 270 square foot equipment enclosure adiacent to existing equipment 4 559-032-02 1215 Wilson Pac Bell CUP-1995-11 5 557-410-03 1645 E Plaza Pac Bell CUP--1995-13 Located on roof of Quality Inn. PCSfacility- six panel antennas and equipment cabinet. 6 555-086-11 910 Hoover AirTouch CUP-1995-18 Located on existing building. Cellular facility- three support structures with five panel antennas each, two dish antennas and equipment cabinet 7 556-471-24 801 National City Blvd AT&T CUP-1996-2 Located on roof of Red Lion Hotel. Paging facility- four whip antennas, one global positioning satellite antenna and equipment cabinet. 556-471-24 801 National City Blvd Nextel CUP-1994-8 Located on roof of Red Lion Hotel. ESMR facility- three whi antennas and eauipment cabinet. 556-471-24 801 National City Blvd Pagenet CUP-1996-12 Located on roof of hotel. Paging facility- four antennas and eauipment cabinet one floor down from roof. 556-471-24 801 National City Blvd AT&T CUP-1999-5 Located atop Red Lion Hotel. Wireless communication facility- four antennas and radio base system. 8 554-120-30 2400 E 4th AT&T CUP-1996-4 Located on roof of Paradise Valley Hospital. Paaina facility- four whip antennas, one alobal POsitioninasatellite antenna and equipment cabinet. 9 559-160-13 1022 W Bay Marin GTE CUP-1996-5 Located on a 360-sa foot building. Cellular facility- 60-foot monopole with twelve panel antennas. 10 563-370-36 3007 Highland Pac Bell CUP-1996-6 12 554-050-12 303 Palm AirTouch CUP-1996-8 60-foot hiah monopole with six whip antennas, thirty directional cellular antennas, and three dishes with an eauiDmentcabinet at base. 554-050-12 303 Palm Sprint PCS CUP-2001-10 Located on National Guard Armory property. PCSfacility six antennas in three 40-foot flag poles, one GPS antenna and a new equipment building. 14 16 20 21 22 30 32 34 36 37 39 40 41 44 51 564-471-01 3030 Plaza Bonita Rd Nextel CUP-1997-8 Located atop Plaza Bonita sign. ESMRfacility- nine antennas and equipment cabinet. 564-471-01 3030 Plaza Bonita Rd Pac Bell CUP-1996-7 Located atop the existing Plaza Bonita sign. PCSfacility- three antennas and two eauiDmentcabinets at base of sign. 557-420-36 1840 E 12th Nextel CUP-1999-4 60-foot monopalm on vacant commercial lot. 555-082-11 111 W 9th Sprint CUP-2000-9 Located atop 2-story Sid's Camet Barn warehouse. Wireless communication facility- twelve wireless panel antennas and 4-inch GPS antenna. 555-030-21 330 National City Blvd GTE CUP-2000-11 Located atop BayTheatre. Wireless communication facility- twelve panel antennas and four equipment cabinets. 564-250-50 2435 Sweetwater Sprint CUP-2000-14 Located at Sweetwater Inn. Global Positioning System with nine panel antennas. 557-420-36 1905 E Plaza Sprint PCS CUP-2001-3 53 foot tall monopalm with nine panel antennas. PCS Facility with one equipment enclosure and a GPS antenna. 556-473-18 242 E 8th AT&T CUP-2001-6 Located atop an existing church. 563-370-35 3007 Highland Nextel CUP-2001-12 Located atop Sweetwater Square. New equipment building over trash enclosure, nine panel antennas and one GPS antenna. 563-231-38 1914 Sweetwater Cingular CUP-2002-3 Located on an existing 75 foot tall pole sign for the SweetwaterTown and Country Shopping Center. 564-310-37 3737 Sweetwater Cingular CUP-2002-4 72 foot tall monopine with standard equipment enclosure 556-101-15 241 National City Blvd Cingular CUP-2002-6 12 panel antennas behind four new partial parapet walls atop an existina furniture store; four equipment cabinets outside 558-200-24 2415 E 18th Cingular CUP-2002-13 Panel antennas located inside new liaht standards; equipment located inside existing commercial building 556-354-13 716 Highland AT&T CUP-2002-14 Six facade mounted panel antennas with equipment on roof of PacBell switching station. Equipment screened to match existing. 556-590-61 1019 Highland Sprint PCS CUP-2002-24 6 panel antennas in a new monument sign in the South Bay Plaza shopping center 556-590-61 1019 Highland Cingular CUP-2002-2 Located atop South Bay Plaza on an existing mechanical equipment screen. CUP-2004-6 552-283-11 2323 E Division Sprint 3 panelantennasina 9x10x16 roof-mountedcupala 52 560-191-30 1701 D Ave Nextel CUP-2004-12 12 panel antennas on a 57' faux broadleaf tree with 230 square foot equipment enclosure 53 551-570-20 51 N Highland Sprint CUP-2004-15 2 panel antennas in a 45' flagpole with 4 wall -mounted equipment cabinets 55 563-231-39 1914 Sweetwater Nextel PC Reso 20-2002 2 panel antennas in a 45' flagpole with 4 wall -mounted equipment cabinets 57 554-120-24 2701 E 8th Cingular PC Reso 02-2001 Co-locationin churchspire-3 antennas within existing architectural feature 554-120-24 2701 E 8th T-Mobile CUP-2000-19 Located at existing church. Antennas located in a GO-footmonument. 554-120-24 2701 E 8th Sprint CUP-2000-27 12 panel antennas mounted on exterior of self -storage building and painted to match; all equipment located inside of the buildings 554-120-24 2701 E 8th AT&T CUP-2000-19 Located at existing church. Antennas located in a 60-foot monument 58 558-030-30 1035 Harbison Nextel CUP-2005-3 12 panel antennas on a monopalm with 299 SO.ft. equipment enclosure. 60 556-510-12 914 E 8th Cingular CUP-2005-10 12 panel antennas on 39-ft monopine with 280 sq. ft. equipment shelter 61 559-040-53 1439 Tidelands Cingular CUP-2005-9 12 antennas on monopalm with associated equipment shelter panel 559-040-53 1445 Tidelands Nextel CUP-2000-31 40-footmonopalmwith three sectors of four antennas each and equipment shelter 63 562-200-02 2900 Highland Cingular CUP-2005-12 3 antennas on replacement Tight standard with associated equipment shelter 64 563-010-47 2605 Highland Cricket CUP-2006-11 3 antennas in new architectural feature of church with associated equipment 563-010-47 2605 Highland Sprint CUP-2002-18 Six panel antennas and equipment inside a new 54 foot tall monument/cross/sign. 65 557-420-31 1900 E Plaza Cricket CUP-2006-6 3 antennas on new faux palm tree with associated equipment 557-420-31 1900 E Plaza Cingular CUP-2004-4 5 panel antennas in a new pole sign at Jimmy's Restaurant 67 561-222-23 1526-40 E 18th T-Mobile CUP-2006-10 12 panel antennas on a new 45-foot tall faux_pine tree with associated equipment shelter 68 564-471-07 3030 Plaza Bonita Rd Cingular CUP-2005-24 12 antennas facade mounted to new rooftop enclosure that will house equipment 68 69 70 71 72 73 564-471-07 3030 Plaza Bonita Rd Verizon CUP-2003-13 12 panel antennas on the roof of the Plaza Bonita Mall behind a screen wall 559-106-17 525 W 20th Cricket CUP-2005-25 3 antennas on existing self storage building painted to match with associated equipment 559-106-17 525 W 20th Sprint CUP-2001-4 Located on existina storaae building. Wireless communication facility- 9 antennas and equipment building. 554-050-15 2005 E 4th Cricket PC Reso 09-2003 3 antennas on existing light standard with associated equipment shelter 554-050-15 2005 E 4th Cingular CUP-2003-5 12 panel antennas on a replacement 100 foot light standard in ElTovon park and a 160 square foot equipment enclosure. 554-050-15 2005 E 4th GTE CUP-1998-4 Located in EiTovon Park. Cellular facility- 97'8" monopole with twelve panel antennas, three omni antennas, and 192-sqfoot equipment building. 554-050-15 2005 E 4th Nextel CUP-2005-15 12 panel antennas on a 47-foot tall faux -broadleaf awith 230 sq_ ft.equipment shelter 564-290-06 3820 Cagle St Cricket PC RESO 10-2004 3 antennas on existing faux pine tree with vaulted equipment shelter 564-290-06 3820 Cagle St Sprint CUP-2001-2 Located at Sweetwater Heights Centennial Park. Wireless communication facility- 35-foot pole with six antennas, equipment building and adiacent liahting for the park. 564-290-06 3820 Cagle St T-Mobile CUP-2004-3 Located at Sweetwater Heights Centennial Park. Wireless communication facility- 55-foot monopine with twelve panel antennas and equipment building 564-290-06 3820 Cagle St Cingular PC Reso 11-2002 Co -location on 55-foot monopine - additional 12 panel antennas and new 275 SQ.ft. equipment vault 669-060-26 5800 Boxer Rd Cricket PC RESO 32-2003 3 antennas on existing water tower with associated equipment shelter 669-060-26 5800 Boxer Rd T-Mobile CUP-2003-16 12 panel antennas on the outside of the 0.0. Arnold water tank and a 150 square foot equipment enclosure adiacent to the tank 669-060-26 5800 Boxer Rd Sprint PC Reso 32-2003 6 panel antennas on the outside of the 0.0. Amold water tank and a 360 square foot equipment enclosure adjacent 669-060-26 5800 Boxer Rd Cingular CUP-2005-21 12 panel antennas on the outside of the 0.0. Amold water tank and a 520 square foot equipment enclosure adjacent 562-330-43 152 W 33rd Cricket PC Reso 21-2002 3 antennas on existing self storage within matching architectural projection with associated equipment 562-330-43 152 W 33rd Sprint CUP-2002-8 12 panel antenas mounted on exterior of self -storage building and painted to match; all equipment located inside of the 74 555-053-17 700 NCB Cricket PC Reso 05-2000 3 antennas facade mounted to existina hotel with associated equipmen 555-053-17 700 NCB Metricom CUP-2000-4 Located atop Holiday Inn. Wireless communication facility with equipment cabinet 555-053-17 700 NCB Skytel CUP-2000-30 Located atop Holiday Inn Hotel. - 8-foot whip antenna, two 4x2-foot panel antennas, and one GPS antenna with two indoor equipment cabinets. 75 560-203-03 1800 National City Blvd Nextel CUP-2006-15 15 panel antennas behindscreen wall atop existing car dealership with associated equipment 76 561-360-35 1810 E 22nd Cricket 2007-14 CUP 3 antennas on recration buildin_g at Las Palmas Park 561-360-35 1820 E 22nd Sprint-Nextel CUP-2000-8 Located in Las Palmas Park. Monopalm and eauipment along with live palms. 78 560-143-36 1703 Hoover Cleawire 2009-22 CUP 9 antennas located on 3 different locations on industrial/ warehouse building. Each location will have 2 panne! antennas. Associated equiptment will be located in building 79 559-160-33 700 Bay Marina Dr Cleawire 2009-23 CUP 9 antennas on tower of Marina Gateway Plaza commercial building hidden behind parapet wall 6-foot tall equiptmant cabinent on roof below tower will be mostly covered 80 560-151-20 142 E 16th AT&T 2010-11 CUP 6 panel antennas and RF transparent cupola atop National City Ministry Church, as well as a 330 sq ft equipment/storage/trash enclosure on the ground. The 8-foot tall Cupola will have a cross afixed to it in order to appea as part of the church 81 561-271-01 2005 Highland Ave Plancom 2010-31 CUP 12 antenas on a 43-foot mono -palm on eastern property line 561-271-01 2005 Highland T-Mobile CUP-2003-4 12 antennas on the roof of a Highland Avenue office building 561-271-01 2005 Highland Cingular CUP-2006-2 12 antennas on the roof of a Highland Avenue office building with new cupola to match existing 82 563-184-47 2909 Shelby Dr P95-025 75-foot monopole and equipment building. 83 563-062-17 2524 Prospect St AT&T ZAP99-028 35-foot monopalm with three sector directional antenna system and equipment cabinets. 85 564-310-32 3312 Bonita Heights Lane AT&T ZAP00-133 86 563-063-29 2563 Grove St AT&T MUP91-026W2 86 563-063-29 2563 Grove St P91-026W Monopole located aside live palm trees. -H-- CALIFORNIA -t+ NATIONAL Mr AS tycoRpoRATw CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY LOCATED AT 1320 HIGHLAND AVENUE. CASE FILE NO.: 2015-24 CUP APN: 560-410-03 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, December 7, 2015, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Verizon Wireless) The applicant proposes a new wireless telecommunications facility that includes 12 antennas on a 45-foot tali artificial pine tree within a 467 square -foot equipment compound. The area would contain associated operating equipment and a backup generator. The facility is a the rear of the lot, adjacent to Kimball Way. Information is available for review at the City's Planning Department, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Department on or before 12:00 p.m., December 7, 2015, who can be contacted at 619-336-4310 or planninge,nationalcityca.gov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLSNNING DEPARTMENT BRADLSTON Executive Director 45 +i-" CALIFORNIA NittioNAL Ce c v �- _ IrICORPOAATE� _»>JJJI CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: 2015-24 CUP Project Location: APN: 560-410-03 behind 1320 Highland Avenue, National City, CA, Contact Person: Martin Reeder Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit for a wireless communications facility on a vacant commercial property adjacent to a developed commercial shopping center. The project will increase signal strength and service area for Verizon Wireless customers. Applicant: Verizon Wireless 15505 Sand Canyon Avenue Irvine, CA 92618 Exempt Status: Telephone Number: (760) 587-3003 ® Categorical Exemption. Class 3 Section 15303 (New Construction or Conversion of small structures) Reasons why project is exempt: There is no possibility that the proposed use will have a significant impact on the environment because the facility will be screened by a block wall and landscaping, and because all antennas will be screened by an artificial pine tree that will blend with area and proposed landscaping. The proposal is at the perimeter of the property, thus will not affect use of the property. Date: MARTIN REEDER, AICP Principal Planner 46 RESOLUTION NO. 2015-25.1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY LOCATED AT 1320 HIGHLAND AVENUE CASE FILE NO. 2015-24 CUP APN: 560-410-03 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for a wireless communications facility located at 1320 Highland Avenue at a duly advertised public hearing held on December 7, 2015, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2015-24 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on December 7, 2015, support the following findings: 1. That the proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because the use is allowable within the Major Mixed Use District zone pursuant to a Conditional Use Permit, the proposed facility meets the required telecommunication facility design guidelines, including the applicant making a good faith effort in achieving colocation, the facility providing the minimum distance requirement from habitable space, and the facility is sensitively designed to minimize visual impacts. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, because General Plan Policy E-3.3 encourages access to wireless Internet connections, computers, and other forms of communication technology; the proposed telecommunications facility provides Internet/cellular data as well as standard cellphone service capability. In addition, the proposed facility is a conditionally -permitted use in Major Mixed Use District zone. 47 3. That the design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because the 45-foot artificial pine tree and required landscaping will adequately screen the facility. Furthermore, the eight foot block wall and required landscaping will provide adequate screening of the equipment from adjacent properties. Future development is unlikely to be impacted because the only neighboring property likely to be developable is the same owner as the subject property. 4. That the site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, since the site is suitable for the proposed telecommunication facility because the use has no minimum lot size or density requirements, and the facility would only utilize 467 square -feet of the mostly level, 10,356 square -foot lot. Furthermore the lot has access from Kimball Way and access to all necessary utilities. 5. That granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the proposed facility will not be highly visible because the 45-foot artificial pine tree and associated equipment will be adequately screened from adjacent properties. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, because staff has determined the proposed use to be categorically exempt from environmental review pursuant to Class 3 Section 15303 (New Construction or Conversion of Small Structures), for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes a wireless communications facility on a vacant parcel on Kimball Way identified by Assessor Parcel Number 560-410-03. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A and B, Case File No. 2015-24 CUP, dated 10/5/2015). Any additional antennas or facilities must be in substantial conformance with the design for installation shown on these plans. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance 48 Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 4. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.12.040 of the Municipal Code. Fire 5. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA). 6. All required signage shall be designed and installed to the Fire Department's specifications. 7. The National City Fire Department shall be involved with all fire inspections for this site. Rough inspections are required for all phases of work. Engineering 8. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. If required, an approved SWPPP will be required prior to issuing of a construction permit. 9. All surface run-off shall be treated with an approved Standard Urban Runoff Mitigation Plan (SUSMP) Best Management Practice (BMP) for all Priority SUSMP projects. No runoff will be permitted to flow over the sidewalk. Adjacent properties shall be protected from surface run-off resulting from this development. 10.A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any trading construction on private property. 11. Street improvements shall be in accordance with the City Standards. All missing street improvements shall be constructed. Abandoned driveway aprons shall be replaced with curb, gutter, and sidewalks. 49 12.Plans are incomplete. Plans submitted for permits must show the existing fire hydrant, and valves where the proposed 200 amperage electrical meter and pad are proposed. 13. The "no parking" zone (red curbing) provided along the property frontage shall be repainted. Planning 14. All appropriate and required local, state and/or federal permits must be obtained prior to operation of the wireless communications facility. 15.Any equipment visible to the exterior of the facility, including cable chases/trays, shall be painted to match the surface on which it is mounted. 16. Landscape and irrigation plans must be submitted / approved with building permit plans. The plans must provide 36" box minimum pine trees and 15 gallon shrubs in a number sufficient to screen the facility as determined by the Planning Department. 17. The permittee shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant and the complaining user. This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 18.The applicant or operator shall be responsible for the removal and disposal of any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete within six (6) months of discontinuance. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of December 7, 2015, by the following vote: so AYES: Garcia, Yamane, Baca, Bush, Alvarado, Flores, Dela Paz NAYS: None ABSENT: None ABSTAIN: None CHM RPERSON 51 CC/CDC-HA Agenda 2/16/2016 — Page 225 The following page(s) contain the backup material for Agenda Item: An Ordinance of the City Council of the City of National City amending Titles 7 and 11 of the National City Municipal Code pertaining to recreational vehicles. (Neighborhood Services) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 16, 2016 AGENDA ITEM NO. ITEM TITLE: An Ordinance of the City Council of the City of National City amending Titles 7 and 11 of the National City Municipal Code pertaining to recreational vehicles. PREPARED BY: Armando Vergara PHONE: (619) 336-4364 EXPLANATION: See attached staff report DEPARTMENT ; Neighbor ► .od s Department APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: L X j FINAL ADOPTION: APPROVED: Finance APPROVED: MIS STAFF RECOMMENDATION: Introduce the Ordinance for first reading. BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMI I" 1. Staff Report 2. Power Point 3. Ordinance of Introduction City Council Staff Report February 16, 20 i 6 ITEM Staff Report: An Ordinance of the City Council of the City of National City amending Titles 7 and 11 of the National City Municipal Code pertaining to recreational vehicles. BACKGROUND The need for an ordinance restricting the parking of recreational vehicles (motorhomes, boats, travel trailers, etc.) on city streets, highways, public way, alleys, or a public place has been discussed and researched by staff given an increase in calls for service. The increase of recreational vehicles parked on City streets has risen to a level detrimental to public health, safety and quality of life issues. With increased calls for service, recreation vehicles parked on city streets has negatively affected traffic safety and quality of life for those who live and work in National City. Traffic safety impacts of recreational vehicles parked or stored m city stick, • impaired visibility of pedestrians for drivers • Impaired access to driveways and cross traffic on narrow residential streets • Impaired sight distance for drivers and pedestrians when recreational vehicles are parked close to an intersection or on a curve Quality of life impacts of recreational vehicles parked or stored on city streets include: Illtgal discharge of wastewater onto streets or the sinrr water system • trash or litter by the recreational vehicle, reduced on -street parking for regular -sized vehicles for residents and business customers Blocked views of landscaping or other natural environmental features, and a sense of reduced security for nearby residents or business owners and patrons when the interior of a recreational vehicle parked or stored on a city street is hidden from view Page 2 Staff Report — An Ordinance of the City Council of the City of National City amending Title 7 and 11 of the National City Municipal Code pertaining to recreational vehicles. February 16, 2016 With all of these growing impacts, cities throughout the state and locally in San Diego County have begun to pass ordinances to prohibit and restrict the regulations of recreational vehicles as it relates to parking. Currently the cities of Del Mar, El Cajon, San Diego, Solana Beach and most recently the City of Chula Vista all have parking regulations specific to prohibition or restrictions of recreational vehicles. California Vehicle Code section 22507 authorizes local authorities, by resolution or by ordinance, to restrict the parking of certain vehicles on certain streets during all or certain hours of the day, including designating certain streets upon which preferential parking privileges are given to residents adjacent to streets for their use and enjoyment, under which residents are issued permits that exempt them from the parking restriction. The restricting of parking or storing of recreational vehicles on city streets benefits and promotes the health, safety and general welfare of the community by preserving the residential character of neighborhoods and preserving the commercial character of business areas. These restrictions will also aid in reducing and preventing the illegal discharge of wastewater from recreational vehicles into our storm water systems, preventing the illegal disposal of trash on streets and or easements. Additional benefits as it relates to pedestrian and traffic safety include improving possible encroachment into travel and bike lanes, and enhanced visibility and sight distance for motorists, pedestrians and bicyclists. This would also improve access to driveways and on -street parking for residents and business patrons. As it relates to public safety, these restrictions would address neighborhood safety and security concerns. PROPOSED ORDINANCE To balance the needs of recreational vehicle owners while addressing the growing traffic, health, and safety concerns of the community, City staff has drafted an ordinance that would generally require recreational vehicle owners to acquire a permit to park on city streets. The proposed ordinance being presented to the City Council for adoption is for a city-wide restriction on the parking of recreational vehicles. This ordinance would restrict the parking of such vehicles on city streets, highways, alleys, public ways or public places, or public right of ways with certain specified exceptions like the issuance of a recreational vehicle permit or while a person is actively loading or unloading for a period not to exceed two hours. 2 Page 3 Staff Report — An Ordinance of the City Council of the City of National City amending Title 7 and 11 of the National City Municipal Code pertaining to recreational vehicles. February 16, 2016 The city permit process would allow a city resident or city property owner the ability to obtain an individual 24 hour permit to park a recreational vehicle on the street. The resident or owner may obtain, no more than 3 consecutive permits totaling a 72 hour period. This process also allows residents or property owners the ability to obtain permits for visiting guests as long as the recreational vehicle is parked in the same block as the address of the residence. No more than 6 permits OM be obtained monthly and a total of 72 peanuts can be issued to any one address in a calendar year. Allowing recreational vehicles to park on city streets for a two-hour period while being loaded or unloaded, or to park on a temporary basis with a permit, balances the needs of recreational vehicle owners in the city with other users of our public streets. This permitting process will also allow for city motel and hotels to allow guests to park recreational vehicles on public streets adjacent to their business if the vehicle cannot be accommodated on the business private property parking lot. The city will coordinate and issue hotel and motels reusable permits for these types of situations when applicable. City permits will be available for purchase at City facilities designated by the City Manager and or may be available through the City's website. A fee would be charged for each permit with the permit fee cost to be determined and subject to approval by City Council. If this proposed ordinance is approved, it would become effective and be in force on the 30th day after its final reading and after all required signage has been installed. Staff will develop and implement a public awareness plan which could include press releases, public notices in newspapers, notices to RV related businesses, and informational flyers and notices during an initial grace period. ENFORCEMENT Under the terms of the ordinance, restricted parking signs will need to be posted in order for the ordinance to become effective. Pursuant to California Vehicle Code section 22507, such a parking restriction shall not apply until sibes or markings giving adequate notice thereof are placed; and a r€soiut on or -ordinance is adopted -pursuant -In this which may , ete "� ��w:r:_ �r'v sites '�ia�t are re-asonable and necessary to ensure + the effectiveness of the parking resctior. Placement of signs will need to be coordinated and budgeted with the Engineering Public Works Department as placement of signs will be required at all main access points into 3 Page 4 Staff Report — An Ordinance of the City Council of the City of National City amending Title 7 and 11 of the National City Municipal Code pertaining to recreational vehicles. February 16, 2016 the city. For this ordinance to be most effective, a sound enforcement plan is essential. Enforcement efforts will be done by a combination of police officers, code conformance officers and parking regulation officers. A violation of this ordinance would be punishable as prescribed in Section 1.20.010, either as an infraction or a misdemeanor, which would be at the discretion of the City Attorney. As an alternative enforcement tool, a violation of this ordinance may also be punishable with an administrative citation or other civil or administrative remedy pursuant to Title 1 of the National City Municipal Code. RECOMMENDATION Amend Ordinance of the City Council of the City of National City amending Titles 7 and 11 of the National City Municipal Code pertaining to recreational vehicles. FISCAL IlVIPACT Implementation cost for this ordinance will be dependent on the cost factor for the purchase and installation of enforcement signs and the permitting process. Anticipated one-time implementation expenses should be recovered through permit and citation fees which should make the program cost neutral. However, we have not yet verified this presumption. Estimates for new signage and quantity have not been completed and will be dependent on ordinance approval. 4 IF 111=1111--- •T7 Nolo eekaizet Proposed RV Parki Ordinance Neighborhood Services Department February 16, 2016 Introduction The City has received complaints from residents and business owners regarding the parking of recreational vehicles on city streets. Past City Council discussion on concerns related to RV 'barking. Goal: Provide parking regulation staff & law enforcement with more effective tools to enforce existing parking laws. Proposec ordinance to address: • Public & Traffic Safety • Parking and quality of life issues • Environmental impacts - illegal dumping and litter • Community Preservation The Issues Pax .n / unlit, y I� ife Vehicles illegally parked in front of homes and businesses for weeks or even months at a time • In violation of existing requirements to move every 72 hours Occupying valuable parking spaces Blocking view corridors Limited access to driveways and alleys Reduced visibility on narrow streets Public Safety/Environmental • In many cases an occupant is living illegally in a vehicle • Instances of individuals disposing debris, waste and black water on public streets and storm drains ]Enforcement Challenges Current enforcement tools are time consuming and unproductive (e.g. marking tires, making contact) Recreaflonal Vehicle Types "Recreational Vehicles" includes, but is not limited to: Camp trailers (California Vehicle Code Section 242); Fifth -wheel travel trailers !(California Vehicle Code Section 324); House cars (California Vehicle Code Section 362); Trailer coaches (California Vehicle Code Section 635); Mobile homes (California Vehicle Code Section 396); Boats and/or trailers, including jet skis and/or jet ski trailers; Dune buggies and off -road or all -terrain vehicles and/or trailers; Trailers used for the transportation of equipment, vehicles or animals; Recreational vehicles (California Health & Safety Code Section 18010); Folding camper trailers; Any other motorized or towed vehicle designed, maintained or used primarily for recreational purposes. taTfotlax ;, Existing National City Municipal Code (NCMC) NCMC 7.20.140 regulates parking of recreational vehicles on portions of private property. ', Vehicles must be currently registered or have a certificate of nonoperation by the Department of Motor Vehicles. • No recreationalvehicle can park within the front yard or the exterior side yard setbacks of residential property or on parkway or landscaped areas of public right of way. • Recreational vehicle must be owned or registered to an occupant of a legal dwelling unit of a private parcel. RV parking is allowed in private parcels that are zoned and licensed for use as a recreational storage yard or repair facility. 1"1111.- Nia �Existing National City Municipal Code (NCMC)& California Vehicle Code (CVC) NCMC 11.32.060 Vehicle storage on streets. No person who owns or has possession, custody or control of arty vehicle shall park such 6 vehicle on any street or alley for more than seventy-two consecutive hours. CVC 22651(K) Storage authority to impound vehicles in violation of seventy-two hours. When a vehicle is parked or left standing upon a highway for 72 or more consecutive hours in violation of a local ordinance authorizing removal. enst „IOW- ;.--amareassow Impact to the Com munity Parking or storing of motorized or towed recreational vehicles on the city streets cannegatively affect traffic safety and qualily of life for those who live and work h i National City Currently, the NCMC does not address some of the residents' and businesses' concerns related to parking and storing of recreational vehicles in the community. 0 Placement of equipment or combustibles on the street NOIONAIL tif+ toosimosso Traf lc Safety Issues GAiniooteem tiONAIL e0;10011 4163 atemosalso Traf lc Safety Issues Impaired sight distance for drivers, bicyclists, and pedestrians NATIONiit 44j,ti, „at�OZZPA Traffic Safety Issues impaired motorist v visibility of pedestrians tit taro avoTt Traffic Safety Issues • Impaired sight distance for drivers at street outlets and intersections CALIPORNiA vs. t4ATIONAL: -WWI lil arcoarcess. t Traffic Safety Issues Placement of RV's on portions of the parkways or items left on sidewalks CAUPORNIA tiPIALC taw.. Tra fic Safety Issues • Impaired access to driveways and cross traffic on narrow residential streets Traffic Safety Issues Reduced travel lane width due to parked, wide recreational vehicles Traffic Safety Issues Traffic Safety Issues - Reduced on -street parking for residents and business patrons Health and Safety Issues CANPQRMIA.► giotkarousso Health and Safety issues Illegal discharge of waste water onto streets or the storm water systems Health and Safety ssues ; -iealth and Safety Issues ++ CALIFORNIA NATIONAL+ Health and Safety Issues • Parked RV's with covered windows create security concerns for nearby residents, business owners and patrons 01 oatt000164 NATIONAL eskoltatiot Health and Safety Issues �•: c*U OMIA.� NATIONAL r Ltabsro� o Health and Safety Issues • Reduced and blocked view of landscaping and other environmental features (Community Ambiance) Hea N kiD th and Safety Issues Healt h and Safety Issues N ONALC f eaftztge5 Health and Safety Issues • Illegal dumping of trash and litter tit de!ihigoaq' Other Cities Cities with regulations specific to restricted parking of recreational vehicles • City of San Diego • Solana Beach • El Cajon ® Del Mar t Carlsbad • Encinitas t Chula Vista (In Process with RV Ordinance) Benefiits of regulating RV Parking on City Streets Improves visibility and sight distance for motorists, bicyclists, and pedestrians Improves access to driveways and on -street parking for residents and business patrons Prevents recreational vehicles from encroaching into the travel lanes Reduces the likelihood of recreational vehicles that illegally discharge wastewater onto streets and into the storm water systems Benefits of Regulating RV Parking on City Streets, Co te Reduces likelihood of recreation vehicles illegally disposing of trash on streets, sidewalks and easements Preserves residential character of neighborhoods by increasing views of landscapes and natural environmental features in the community. Addresses safety concerns of residents, business owners and patrons related to neighborhood security and parking or storing recreational vehicles on City streets. afi. 'NATIONAL esti saw Proposed RY Ordinance To balance the needs of :recreational vehicle owners while addressing traffic, health, and safety concerns of the community, City staff drafted an ordinance that would generally require recreational vehicle owners to acquire a permit to park on City streets. * CVC Section 22507 authorizes local authorities, by resolution or by ordinance, to restrict the parking of certain vehicles on certain streets during all or certain hours of the day; inc ud ing designating certain streets upon which preferential parking privileges are given to residents adjacent to streets for their use and enjoyment, under which residents are issued permits that exempt them from the parking restriction. oAUFURSI1A NOIONAV Proposed RV Ordinance No person shall park or leave standing any recreational vehicle, whether motorized or not, whether attached to a motorized vehicle or not, at any time upon any highway, street, alley, public way or public a place, except as otherwise allowed, in the City of National City except: • When tie registered owner or lessor of a recreational vehicle is in possession of a valid city permit. While a person is actively loading or unloading a recreational vehicle for a period not to exceed two hours. Proposed Ordinance RV Parking Permit Process The City Manager has authority to adopt procedural rules and regulations governing the permit process and to issue a parking permit for the parking of a recreational vehicle on a public street or public place to any National City resident, for the resident's use or for the use of a resident's guest, if: 1)A written application is made to the City Manager including the address of the resident, 2)The appropriate fees are paid. 3) The City Manager or designee, determines that the parking of the recreational vehicle will not create a safety hazard Proposed Permit Process, Corot, The permit s:aall state the address of the resident and the permit shall be valid only within the same block of the resident's address, or upon a street adjacent to the resident's address, on either side of the street. The permit shall be displayed on the recreational vehicle in a manner determined by the City Manager. Proof of residency or tenancy and proof of recreational vehicle ownership or recreational vehicle use or control shall be demonstrated in a manner determined by the City Manager. ATiO Proposed Ordinance RV Parking Permt The duration of the permit shall not exceed 24 hours. No more than 3 consecutive permits may be issued to any one address for any 72-hour period. No more than 72 permits may be issued relating to any one address in any one calendar year. No more than 6 permits can be issued relating to any one address per any calendar month, Proposed Ordinance RV Permit Fee Permits will be available for purchase . at City facilities designated by the City Manager, or if determined feasible by the City Manager permits may be available through the City's website. The permit fee shall be as set forth in the Master Fee Schedule of the City adopted by resolution of the City Council. The City Manager shall periodically recommend fees to the City Council reflecting an amount equal to, but not exceeding, the reasonable costs of program administration and sign installation and maintenance. Proposed Ordinance RV Parking Enforcement The permitted recreational vehicle shall be subject to all applicable parking restrictions in the California Vehicle Code and National City Municipal Code. A violation of this ordinance would be punishable as prescribed inaction ..20.010, either as an infraction or a misdemeanor, which would be at the discretion of the City Attorney. As an alternative enforcement tool, a violation of this ordinance may also be punishable with.. an administrative citation or other civil or administrative remedy pursuant to Title 1 of the National[ City Municipal Code. Effective Date of Ordinance This Ordinance would become effective and be in force on the 30th day after its final reading and after signage has been installeci. Enforcement could occur once the permit process is operational and public outreach is co►mplete. NatiolW Recommendation City staff recommends that the City Council adopt the ordinance requiring recreational vehicles owners to acquire a permit to park recreational vehicles on City streets. Next Steps Establish RV parking permit process through City Manager. Create RV parking permit -arocess through City website. Establish and a-Dprove RV parking permit fee and penalty via resolution. Install Regulatory Signs at all major entrances into the City. Develop and implement public awareness plan. The awareness plan could include some of the following elements: • Press releases • Public notices in newspapers • Notices sent to RV related businesses (RV Parks, Marina, etc.) • Additional signage • Utility bill inserts • Flyers to post on RVs during an initial grace period :eAiiiOltrl* ±•s tukTIONAlt esivavolileb Questions ORDINANCE NO. 2016 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLES 7 AND 11 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO RECREATIONAL VEHICLES WHEREAS, the parking or storing of motorhomes, boats, travel trailers and other recreational vehicles, whether motorized or towed, on city streets can negatively affect traffic safety and quality of life for those who live and work in National City; and WHEREAS, traffic safety impacts of recreational vehicles ("RV") parked or stored on city streets include impaired visibility of pedestrians for drivers, impaired access to driveways and cross traffic on narrow residential streets, and impaired sight distance for drivers and pedestrians if the recreational vehicle is parked close to an intersection or on a curve; and WHEREAS, the City has received numerous complaints about RVs being parked and illegally stored, RV's blocking street views and access, and RV discharge runoff issues; and WHEREAS, the quality -of -life impacts of recreational vehicles parked or stored on National City streets include illegal discharge of wastewater onto streets or the storm water system, trash or litter by the recreational vehicle, reduced on -street parking for regular -sized vehicles for residents and business customers, blocked views of landscaping or other natural environmental features, and a sense of reduced security for nearby residents or business owners and patrons if the interior of a recreational vehicle parked or stored on a city street is hidden from view; and WHEREAS, allowing recreational vehicles to park on city streets while being loaded or unloaded, or to park on a temporary basis with a permit, balances the needs of recreational vehicle owners in the city with other users of public streets; and WHEREAS, California Vehicle Code section 22507 authorizes local authorities, by resolution or by ordinance, to restrict the parking of certain vehicles on certain streets during all or certain hours of the day, including designating certain streets upon which preferential parking privileges are given to residents adjacent to streets for their use and enjoyment, under which residents are issued permits that exempt them from the parking restriction; and WHEREAS, pursuant to California Vehicle Code section 22507, such a parking restriction shall not apply until signs or makings giving adequate notice thereof are placed; and WHEREAS, pursuant to California Vehicle Code section 22507, a resolution or ordinance adopted pursuant to this section may contain provisions that are reasonable and necessary to ensure the effectiveness of the parking restriction; and WHEREAS, prohibiting the parking or storing of recreational vehicles on city streets promotes the health, safety and general welfare of the community by preserving the residential character of neighborhoods, preserving the commercial character of business areas, preventing the illegal discharge of wastewater from recreational vehicles into storm water systems, preventing the illegal disposal of trash on streets or easements, and preventing traffic Ordinance No. 2016- 1 Amending NCMC Title 7 and 11 Recreational Vehicles safety problems associated with recreational vehicles parking or being stored on city streets, such as impaired visibility for drivers and pedestrians or impaired access to driveways. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. Title 7 of the National City Municipal Code is amended by amending the Table of Contents of Chapter 7.20 to read as follows: Chapter 7.20 OUTDOOR ACTIVITIES Sections: 7.20.010 Definitions. 7.20.020 Billposting. 7.20.030 Charitable organization collection stations. 7.20.010 Applying graffiti. 7.20.010 Discharges of water into ground or into storm drains —Prohibited. 7.20.010 Harbor regulations. 7.20.010 Itinerant vendors, peddlers, and solicitors. 7.20.080 Occupying a recreational vehicle —Restricted. 7.20.090 (Reserved) 7.20.100 Off -road vehicles. 7.20.110 Removal of traffic obstructions. 7.20.120 (Reserved) 7.20.130 Repairing and washing of vehicles on residential property —Restricted. 7.20.140 Storage of inoperative or unlicensed vehicles, recreational vehicles and boats on private property, or parking on landscaped setback —Restricted. 7.20.150 Use of tarpaulins —Prohibited. Section 2. follows: That Chapter 7.20 is amended by amending Section 7.20.080 to read as 7.20.080 Occupying a recreational vehicle —Restricted. A. It is unlawful to occupy a recreational vehicle, as defined in Title 11 of this Code, for more than ten consecutive minutes between the hours of 2:00 a.m. and 6:00 a.m. while that vehicle is parked on a street or on public or private property, except when that vehicle is parked within a lawfully permitted mobile home park or campground, or except when actively loading or unloading a recreational vehicle for a period not to exceed two hours as permitted under Section 11.32.366 (b)(1). To occupy means to be physically present within the recreational vehicle for more than ten consecutive minutes. B. It is unlawful to attach or hookup a recreational vehicle to a utility service providing gas, water, sewage, telephone or cable TV, or any combination, at any time, except in a lawfully permitted mobile home park or campground. Ordinance No. 2016- 2 Amending NCMC Title 7 and 11 Recreational Vehicles C. It is unlawful to hookup or attach a recreational vehicle to a utility service providing electricity, except where that connection is made to a battery recharging device for a period not to exceed twenty-four (24) hours for the purpose of recharging the vehicle's battery, and for no other purpose. Section 3. Title 7 of the National City Municipal Code is amended by amending Section 7.20.140 to read as follows: 7.20.140 Storage of inoperative or unlicensed vehicles, recreational vehicles and boats on private property, or parking on landscaped setback —Restricted. A. Notwithstanding the provisions of Title 18, it is unlawful to park, repair, or store any vehicle within or upon any unpaved portion of any public or private property. This section shall not be construed to prohibit the washing of a vehicle upon an unpaved portion of private property, provided that no liquids used in the washing shall drain onto a public street, with the exception of potable water. B. It is unlawful to repair, store, or wash any vehicle within or upon any paved or unpaved portion of public property, or to park a vehicle except in an area designated for parking. C. Except in paved areas or driveways specifically designed for parking, it is unlawful to park any vehicle, including a recreational vehicle or boat trailer, within the front yard or the exterior side yard setbacks of private residential property, or on the parkway or landscape area of the public right of way. D. It is unlawful to park or store an unlicensed vehicle, any vehicle lacking current or valid registration plates or tags, any junked, wrecked, abandoned or inoperable vehicle, or any vehicle for which a certificate of nonoperation has been issued by the department of motor vehicles on residential property, except within a fully enclosed garage or building or behind a solid fence where it is not visible from the street or other public or private property. Any vehicle that is leaking fuel, oil, or transmission fluid shall not be parked on a public street, or on private property except within a garage or under a covered parking area. E. It is unlawful to park or store any recreational vehicle or boat trailer: 1. On a residential parcel unless that recreational vehicle or boat trailer is owned by and registered to an occupant of a legal dwelling unit on the same parcel; or 2. On any other parcel unless the parcel is zoned and licensed for use as a recreational vehicle storage yard or repair facility. F. Any vehicle, including a recreational vehicle or boat trailer, parked, or stored in violation of this Section 7.20.140 is declared to be a public nuisance, and is subject to abatement and removal in accordance with Chapters 1.44 and 11.48. Citations for violations of this Section shall not be issued until twenty-four (24) hours have elapsed after the placement of a notice of warning upon the offending vehicle or the concerned property when access to the vehicle is denied. Any vehicle lacking valid registration or subject to a certificate of non - operation that visually appears operable shall first be subject to administrative citation under Chapter 1.44 as a means of abatement before resort to Chapter 11.48 when initial abatement efforts are unsuccessful. Section 4. Chapter 11.04 of the National City Municipal Code is amended by amending the Table of Contents to read as follows: Ordinance No. 2016- 3 Amending NCMC Title 7 and 11 Recreational Vehicles Chapter 11.04 DEFINITIONS Sections: 11.04.010 Definitions —Generally. 11.04.020 Alley. 11.04.030 California Maintenance Manual. 11.04.040 Central traffic district. 11.04.050 City council. 11.04.060 Holiday. 11.04.070 Loading zone. 11.04.080 Official time standard. 11.04.090 Official traffic control device. 11.04.100 Official traffic signal. 11.04.110 Park. 11.04.120 Parkway. 11.04.130 Passenger loading zone. 11.04.140 Pedestrian. 11.04.150 Person. 11.04.160 Police officer. 11.04.165 Recreational vehicle. 11.04.170 Secondary traffic district. 11.04.180 Stop. 11.04.190 Traffic. 11.04.200 Oversized vehicle or load. Section 5. Title 11 of the National City Municipal Code is amended by adding new section 11.04.165 to read as follows: 11.04.165 Recreational vehicle. "Recreational Vehicle" means any camp trailer, camper, fifth -wheel travel trailer, trailer coach, or house car as defined in California Vehicle Code sections 242, 243, 324, 362, 396, 635, recreational vehicle as defined in California Health and Safety Code section 18010, or boat or boat on a trailer, regardless of whether the boat or boat on a trailer is attached to a motor vehicle or carrier trailer as defined in California Vehicle Code 14.005. Section 6. Chapter 11.32 of the National City Municipal Code is amended by amending the Table of Contents to read as follows: Ordinance No. 2016- 4 Amending NCMC Title 7 and 11 Recreational Vehicles Chapter 11.32 STOPPING, STANDING, AND PARKING Sections: 11.32.010 Stop sign —Erection —Authority. 11.32.020 Stop sign —Obedience required. 11.32.030 Emerging from alley or private driveway. 11.32.040 Regulations —Applicability. 11.32.050 Parkways —Stopping in prohibited. 11.32.060 Vehicle storage on streets. 11.32.070 Violation of restricted hours —Vehicle removal. 11.32.080 Storage or repair of vehicles prohibited. 11.32.090 Parking parallel —Curb. 11.32.100 Angle loading —Permit. 11.32.101 Angle parking zones. 11.32.110 Near schools. 11.32.120 Narrow streets. 11.32.130 Hills. 11.32.140 Stopping or parking prohibited —Signs required. 11.32.150 Unlawful parking —Vending by vehicle. 11.32.160 Emergency parking signs. 11.32.170 Curb parking —Right-of-way. 11.32.180 Loading zone —Authority —Designation. 11.32.190 Curb markings. 11.32.200 Loading permitted —Effect. 11.32.210 Loading zone —Restrictions —Generally. 11.32.220 Loading zone —Passenger —Restrictions. 11.32.230 Alley —Restrictions. 11.32.240 Bus zones. 11.32.250 Taxi stands. 11.32.260 Time limit —Central traffic district. 11.32.270 Time limits —Other districts. 11.32.280 Time limits —Secondary traffic district. 11.32.290 Prohibited hours. 11.32.300 Absolutely prohibited. 11.32.310 Temporary parking restrictions and time limit —Generally. 11.32.320 Signs —Authorization. 11.32.330 Valet parking —Permits. 11.32.340 Valet parking —Defined. Ordinance No. 2016- 5 Amending NCMC Title 7 and 11 Recreational Vehicles 11.32.350 Valet parking —Spaces designated. 11.32.360 Heavy-duty commercial vehicles —Parking restrictions in all residential districts and east of National City Boulevard. 11.32.365 Unattended heavy-duty detached trailers —Parking restrictions in commercial and industrial districts. 11.32.366 Parking recreational vehicles on city streets —Restricted. 11.32.370 Public parks. 11.32.371 Public property. 11.32.380 Parking or obstruction of fire lane prohibited —Towing authorized. 11.32.390 Unauthorized parking in reserved parking spaces prohibited. 11.32.400 Parking violation —Penalties. Section 7. Title 11 of the National City Municipal Code is amended by amending paragraph C of Section 11.32.360 to read as follows: 11.32.360 Heavy-duty commercial vehicles —Parking restrictions in all residential districts and east of National City Boulevard. C. For the purpose of this section, "heavy-duty commercial vehicle" means a single vehicle or combination of vehicles having more than two axles or weighing more than ten thousand pounds GVWR (gross vehicle weight rating), a single vehicle or combination of vehicles twenty feet or more in length, or a single vehicle or combination of vehicles six feet, eight inches or more in width, including dump trucks, moving vans, tractors, pole or pipe dollies, trailers and detached trailers or detached flatbed trailers. It shall not include a recreational vehicle. Section 8. Title 11 of the National City Municipal Code is amended by adding new section 11.32.366 to read as follows: 11.32.366 Parking recreational vehicles on city streets -Restricted. A. The city council finds that the increase in the number of recreational vehicles parked on city streets, highways, alleys, public ways or public places, or public right of ways has a detrimental effect on the public health, safety, and welfare of the residents and negatively affects the quality of life in the city. The purpose and intent of the city council is to establish a process to allow a city resident to park the recreational vehicle on a city street for a limited period of time. B. No person shall park or leave standing any recreational vehicle, whether motorized or not, whether attached to motorized vehicle or not, at any time upon any highway, street, alley, public way, or public place, except as otherwise allowed, in the City of National City except: 1. While a person is actively loading or unloading a recreational vehicle for a period not to exceed two hours; or 2. When the registered owner or lessor of a recreational vehicle is in possession of a permit issued pursuant to Section 11.32.366.C. Ordinance No. 2016- 6 Amending NCMC Title 7 and 11 Recreational Vehicles C. For the purpose of this section, "recreational vehicle" shall include, but is not limited to the following: 1. Camp trailers (California Vehicle Code Section 242); 2. Fifth -wheel travel trailers (California Vehicle Code Section 324); 3. House cars (California Vehicle Code Section 362); 4. Trailer coaches (California Vehicle Code Section 635); 5. Mobile homes (California Vehicle Code Section 396); 6. Boats and/or trailers, including jet skis and/or jet ski trailers; 7. Dune buggies and off -road or all -terrain vehicles and/or trailers; 8. Trailers used for the transportation of equipment, vehicles, or animals; 9. Recreational vehicles (California Health & Safety Code Section 18010); 10. Folding camper trailers; 11. Any other motorized or towed vehicle designed, maintained or used primarily for recreational purposes. D. Temporary Parking Permit Process 1. The City Manager, or designee, has the authority to adopt rules and regulations governing the permit process, and to issue permits for the parking of a recreational vehicle on a street if: a. a written application is made to the City Manager on a form established by the City Manager, or designee; b. the fees described in Section 11.32.366.F are paid; and c. the City Manager, or designee, determines that the parking of the recreational vehicle will not create a safety hazard. 2. The permit shall be issued to a city resident or city property owner. 3. The permit shall include the name and address of the city resident or the city property owner, the license plate number of the recreational vehicle, the date of issuance, and the date(s) that the permit is valid. 4. The permit shall be valid only within the same block of the resident's or property owners' address, or upon a street adjacent to the resident's address, on either side of the street. 5. The permit shall be valid for no longer than twenty-four hours. 6. A city resident or city property owner may obtain no more than three permits at one time for a period of no longer than seventy-two consecutive hours. 7. A city resident or city property owner may not obtain more than six permits in any calendar month. A city resident or city property owner may not obtain more than seventy-two permits in any calendar year. 8. There shall be three days between the expiration of a permit, or if a city resident or city property owner obtained two or three permits at one time the expiration of the second or third permit, and the issuance of another permit to the same city resident or city property owner. 9. The city resident or city property owner shall display the permit in the recreational vehicle in such a manner that it is clearly visible to city enforcement officers. 10. The permitted recreational vehicle shall be subject to all applicable parking restrictions of the National City Municipal Code and the California Vehicle Code. 11. A city resident or city property owner in possession of a permit must comply with all state and local laws, including posted parking restrictions. Ordinance No. 2016- 7 Amending NCMC Title 7 and 11 Recreational Vehicles 12. The fee for obtaining a permit shall be established by resolution of the city council. The fee shall be included in the city's fee schedule. E. Any person violating this Section is punishable as prescribed in Section 1.20.010. F. As an alternative to Subsection E., a violation of any provision of this Section may be punishable with an administrative citation or other civil or administrative remedy pursuant to Title 1 of the National City Municipal Code. Section 9. Severability. The city council declares that the judicial invalidity of any subsection or portion of this chapter shall not affect the validity of any other remaining section or portion; that the city council would have adopted each of those remaining portions, notwithstanding any later declared invalidity. If any provision determined invalid under the preceding sentence can either be judicially severed or interpreted in a way that could harmonize it with the remaining provisions, then it may be severed or interpreted and applied so as to give full purpose, meaning, and effect to the remaining provisions of this chapter. PASSED and ADOPTED this day of , 2016. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ordinance No. 2016- 8 Amending NCMC Title 7 and 11 Recreational Vehicles CC/CDC-HA Agenda 2/16/2016 — Page 280 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit - "Ragnar Relay SoCal 2016" running relay race sponsored by Ragnar Events LLC in partnership with the Orange County Child Abuse Prevention Center on April 2, 2016 from 9 a.m. to 6 p.m. with no waiver of fees. (Neighborhood Services) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 16, 2016 AGENDA ITEM NO. ITEM TITLE: Temporary Use Permit — -Ragnar Relay SoCal 2016' running relay race sponsored by Ragnar Events LLC hip with the Orange County Child Abuse Prevention Center on Apr2016 from 9 a-m- 'L iYfi pJa LrCG7i3iCfP1 evgeeo uoc vorcei�o� 0.=4C4�C6si �" �� 2, +^'• to 6 p.m. with no waiver of fees. PREPARED BY Dionisia Trejo DEPARTMENT: Neighbors Department PHONE: [(619) 336-42551 APPROVED BY: EXPLANATION; !This is a request from Ragnar Events LLC to conduct the Ragnar Relay SoCal 2016 running relay on April 2, 2016. This is an overnight 200-mile running relay starting from Huntington Beach, California going through several cities to end in Coronado, California at Silver Strand State Beach Park. Runners are anticipated to enter National City between the hours of 9 a.m. to 6 p.m. heading southbound from San Diego thru National City into Chula Vista. Runners will typically run on sidewalks, crosswalks, bike lanes, and shoulders and will obey all traffic laws and rules of the road. During the relay, each team member will run three legs total, exchanging the baton at designated exchange points of the 36 legs of the course. Within National City, there will be one exchange point with the race course entering the city at Harbor Drive & Civic Center Drive going south onto Tidelands Avenue, then westbound onto W. 32nd Street and going south onto Bayshore Bikeway exiting the City. No public access closures are being requested and applicant will post appropriate signage for runners to follow with first -aid stations at each exchange. The last time this event was processed and approved was in 2011 and 2012 with no waiver of fees. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS City fee for processing the TUP through various City departments, $237.00. Total fees: $237.00 7NVIRONMENTAL REVIEW: NA ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the application for a. Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: 1N/AJ ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. 1 Tof Event Public Concert Fair Festival © Parade Demonstration Circus IDMotion Picture Grand Opening v Other (ORLin Event Title: Ragnar Relay SOCaI 2016 Event Location: City Sidewalks 8Community event Block Party Event Date(s): From 4/2/16 Actual Event Hours: 9:00 AM to 4/2/16 to6:00 PM Total Anticipated Attendance: 3,900 (C75 participants 3,225 Spectators) Setup/assembly/construction Date: 4/2/16 Start time: 5:00 AM 0 Please describe the scope of your setup/assembly work (specf'lc details): We will be dropping off directional signage for the runners. Signs will be on standard delineator cones. Dismantle Date: 4/2/16 Completion Time: 8:00 PM El List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. None. We will only be running on open sidewalks and on shoulders. No street closures will be required. See included materials for route information. Sponsoring Organization: Ragnar Events, LLC/ Orange County Child Abt. Chief Officer of Organization (Name) Conssa Taylor Applicant (Namo): Aeena Khan Address: 12 South 400 We3t. 2nd Floor Soft Lake City, UT 84101 Daytime Phone: (8a1)499-50 Evening Phone: (801) ei�ca- 2 Fax: (801) 499-5023 E-mail. ameena@ragnarreiay.com Contact Person °on site" day of the evvent.Ameena Khan Cellular: (801) 706-8502 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 pir'r`41Y'il07 : p ' k: a,F Is your organization a "Tax Exempt, nonprofit" organization? ❑YES ✓INO Are admission, entry, vendor or participant fees required? ❑✓ YES ❑ NO If YES, please explain the purpose and provide amount(s): $146/participant. Covers operational costs, Orange County Child Abuse Prevention Center donatior $900,000 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $500,000 Estimated Expenses for this event. $20,000 What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. Please see supplemental information packet included with application. ❑YES nNO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: ❑t'ESI✓ NO Does the event involve the sale or use of alcoholic beverages? ❑YES1JNO Will items or services be sold at the event? If yes, please describe: 2 EIYESJNO Doe,, the event involve a moving route of any kind along streets, sidewalks or highways? if YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your mute. OYES1 NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. EJYES EINO Does the event involve the use of tents or canopies? if YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. nYESI1NO Will the event involve the use of the Aft or your stage or PA system? SPECIFY: In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: 111111 Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas. Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): ❑ Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) Tables # and Chairs # Fencing, barriers and/or barricades Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers Other related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a dean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: Volunteers and staff will be failoviing closely barring runners and vuill be responsible for removal of all trash. 3 Please describe your procedures for both Crowd Control and Internal Security: None. nYES . 0 Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: ❑YES INO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. EMTs will be available at Torrey Pines Glider Port and Silver Strand State Beach. All teams and staff are provided with the address and contact information for nearest hospitals. Please describe your Accessibility Plan for access at your event by individuals with disabilities: We work closely with all participants with disabilities to ensure they are provided with the safest routes Please provide a detailed description of your PARKING plan: None neessary. There is not an exchange point in National City. Please describe your plan for DISABLED PARKING: N/A Please describe your plans to notify all residents, businesses and churches impacted by the event: We will not be passing through residential areas. We are happy to contact local businesses Impact with letters. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. 4 DYESENO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music: YES ,% NO Will sound amplification be used? If YES, please Indicate: Start time: AM Finish Time PM YESQ NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: PM Finish Time PM Please describe the sound equipment that will be used for your event ❑YESD NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: iJ YESEINO Any signs, banners, (lacerations, speciai fighting? If YES, please describe: Signage on delineator cones wilt be placed when runners need to change directions. See attached packet. 5 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization Ragnar Events, LLC/ Orange County Child Abuse Prevention Center Person in Charge of Activity Ameena Khan Address 12 S 400 W 2nd Floor Salt Lake City, UT 84101 Telephone (801) 706-8502 Date(s) of Use 4/2/2016 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorney fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Official Title Date hn,QQ,f0 pct c,e 15 11co For Use Only Certificate of Insurance Approved Date 4/2/16 6 RE: Special Event Additional Information - Ragnar Relay So Cal 2016 Dear City of National City, Attached please find the completed application for a temporary special events permit as issued by the City of National City. Additionally, this document contains all appropriate maps and venue layouts, general information on the race format, and important dates and times. This information is to supplement the aforementioned special events application for the Ragnar Relay So Cal 2016 race benefiting the Orange County Child Abuse Prevention Center. Included information: A. Event Description B. Proposed Beginning and End Times C. Proposed Route Through the City D. Safety, Emergencies, and First Aid E. Traffic Impact and Traffic Control F. Insurance G. Signage We believe in providing a quality event that is safe and fun for participants and all involved_ look forward to working with you on this year's event. Please contact me regarding any questions you may have. Best Regards, Arneena Ameena Khan I Race Director 4�ram rB&L spar Events, LLC 12 South 400 West 12nd Floor I Salt Lake City, UT 84101 P 801.499.5024 J F 801.499.5023 I C 801.706.8502 ameena@raenarrelay.com I www.raenarrelay.com A. Event Description The Ragnar Relay So Cal is an overnight 200-mile running relay from Huntington Beach, CA to Coronado Island, CA on April 1-2, 2016. The race is run by teams consisting of 12 runners. Each team member will run three legs total. Relay legs typically range between 3-8 miles and vary in difficulty. Each team is responsible for providing two support vehicles with six runners in each vehicle. The first vehicle will drop off the first runner at the start and then proceed to the first exchange point. At the first exchange the vehicle will drop off the second runner and pick up the first runner when that runner's leg is complete. Teams will repeat this pattern for six legs until they hand off to their second vehicle. This leapfrogging pattern will continue all the way to the finish line in San Diego. The event is sponsored and managed by Ragnar Events LLC. Ragnar Events presented its first event, the Ragnar Relay Wasatch Back, in Utah in 2004. To date, Ragnar Events has presented over 50 events in 20 states (the courses for some events running through more than one state). The Ragnar Relay Series, now consisting of 18 events, is the largest series of overnight relays in the world. For more information please visit our website at rww.ragnarreiavcom. These overnight relays benefit both participants and the communities where they are presented. Participants have been unfailingly enthusiastic about their experiences. There are always a wide variety of human interest stories associated with these events. These range from the experienced runner finding special meaning through participation in a running event as a member of a team; to the first-time runner who participates at the urging of a friend and discovers previously unknown abilities and a love for running; to families, businesses, old friends and other groups who enhance their relationships as they individually and collectively test their limits; to teams who simply run for a cause, whether in honor of a deceased friend or relative, or to raise money for local charities or another charity of special importance to the team. Ragnar is excited to partner with the Orange County Child Abuse Prevention Center. Through the official charity partnership, the Orange County Child Abuse Prevention center will be the recipient of a monetary donation as well as fundraising efforts on behalf of our teams. OCCAPC will also be providing volunteers on the course that will help raise money for their cause. In addition to the Center, Ragnar will also be partnering with other organizations and schools along the course to better the communities that we run through. FLAC?,IAR4 . I;A B. Proposed beginning and ending times and dates of the So Cal Event: April 2, 2016 Runners are anticipated within the City of National City between the hours of 9:00 AM and 6:00 PM on Saturday April 2, 2016. There will be 675 teams total with 1 runner per team on the road at any given time. We will be setting up the course continually as early as six hours ahead of our first runner, and cleaning up following the last runner as late as two hours after they pass through each jurisdiction. C. Runner Route Details Turn by turn: Enter the City of National City running against traffic on Harbor Drive, turn right onto Civic Center Drive running against traffic on sidewalk, Civic Center Drive becomes Tidelands Avenue, turn left onto W 32" d Street to run with traffic on cider:Ta@k; cc t!nue _et-raisr. onto Bayshore Bikeway, stay on Bayshore Bikeway, Exit the City of National City 1141,MR RELAY Ur: U .COM D. Safety, Emergencies and First Aid Runner safety is our foremost concern. All teams are provided a Race Bible that includes a detailed course description and event rules. All runners sign waivers where they acknowledge that the course includes areas where there may be traffic congestion and that they must obey race rules, which require observance of all applicable traffic rules and regulations. Each team must have at least six reflective vests and two flashlights. These must be presented at the time that the team checks in. Runners starting their legs after 6:30pm and before 6:00am must be wearing a reflective vest, tail/butt Tight and holding a flashlight or headlamp. Additionally, any team -member spectator must wear a reflective vest during these hours when outside their vehicle on public roads. Runners are required to obey all traffic laws and we instruct them to use the sidewalk when available. Runners are also told to call Ragnar for any concerns of problems out on the course. There is a phone number that connects participants to the Race Command of the race. They will call if they have a lost runner, a moved sign, or general question about the course. In case of emergency all runners and staff will call 911. Then contact our Race Command number (661-RAGNAR1) to let race staff know of the emergency. We have 10-12 Ragnar Staff and trained Volunteers on the course at all times monitoring the course. Each person is trained on Ragnar Safety and emergency procedures. They are also trained on the access points of any trail systems that may be used. First Aid A first -aid station and first -aid staff will be located at each major exchange location. These first - aid stations will be equipped to handle extreme dehydration, heat stroke, and all of the minor sport injuries we often experience, including; blisters, sprains, strains, stings, etc. We require our first aid staff to be licensed to administer intravenous fluids (typically EMT intermediate and above, or RN, PA, M.D., etc). We hire first aid workers (EMT intermediate or above), either through a medical staffing agency or directly through local hospitals or emergency service personnel. In the event of a major medical emergency (Le. any life threatening condition or injury that requires immediate medical attention) we instruct runners/volunteers to first call 911. The line of communication then follows: 911-i Race Director 4 Senior Race Director 4 Course Manager for that section. In addition to our own first aid services on the course, we list the local emergency rooms near the course, along with their address and phone number in the race packets. E. Traffic impact/ traffic control We anticipate 675 teams to register for this year's event. That means no more than 675 runners will be on the course at any given time. Teams will be provided with staggered start times, from SAM to 1PM on Friday, April 1t. Because start times are spread over an 8-hour period and only 675 runners are on the course at any given time, there wi!! never be a large group of runners at any one location. Typically the complete group of 675 individual runners will be spread out over 30-40 miles. F. Insurance We are sanctioned under USA Track and Field. A Certificate of Insurance naming your city has been included with the application. G. Signage plan Along the course there will be course signs that communicate to the runners which direction to go, on what side of the road to run, which exchange they are at, etc. Directional signs are only placed at change of direction intersections. An example of such a sign can be seen in the picture below: The signs are 42" High, 18" Wide, .25" Thick and are made of corrugated plastic. Each sign will be secured to a delineator post traffic cone. 64611MI; L"`: 4F 1 _ .Ili it !ELy_ &Lit. RAN -1� i4i.-.41.11 f.11 M RELAY COM RANAH F1tsfdi:24{, ONE MILE TO GO RAGNAIIIRIELO rfcr, 111 RACNAR liELAN com li IJh T TH 11111101.1111€ Wit 411. 1,1 tl 4F, FIEPECT Srif PsT; ° r ry1 L 0 I N5t! iirtr 7v.-• r.7.; 1 P Fj LIEU. 41.6. CERTIFICATE OF INSURANCE MITE: im,2016 CERTIFICATE NUMBER: 20160106390222 Ate: ECX3LLC .. dlbla Entertainment & Sports Insurance experts (FIX) dlNa Entertainment turd Sports fisuraneeAOerwy.(t fafNa) 2727 Penes Fart Reed, & n9 Two Srdts 000 • Ate, GA30339 07S-324 (Telephone) THIS CEtATE IS` ISSUED AS A• MATTER OF IIF0RMATION ONLY AND DER. THIS CERTIFICATE DOES NOT AMEND, IDD END TER THE COVERAGE GE AFFORDED BY THE POUGES tom. NAMED INISIJRED; USA Track & Field, k 8wds sore �IN�46204 i I+IA'IION: Regrew Raley Sc Cel 2016 (41112018 -4 42016) POLICY/COVERAGE INFORMATION: THE POLICIES OF INSURANCE LISTED! QW HAVE BEEN ISSUED TO THE MIRED NAMED ABOVE FOR THE POLICY PERIOD. 0,13/CRTED. NOTWITHSTANDING ANY REQUIREMENT, T'ERm OR cot831TION OF ANY CONTRACT OR OTHER DOCUMENT MTh RESPECT TO MOH THIS CERTIFICATE MAY I3EISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY, THE POUC1ES DESCRIBED HEREIN IS SUBJECT TO ALL THE -rows, otowsim8 AND (MOTIONS GF SUCH POUClES AGGREGATEUMI TS SHOWNMAY HAVE S N REDUCED BY PAID CLAIMS. 1POUCY NI R(S j EFFECTIVE: I I ItivarTS: Reansr Events LLC INSURINIS AFi:®R(QINO cov w INSURERk Philadelphia Indemnity ins. Co. 1 INSURER B: PN1 dat rhia Indemnity Ins. Co. NSITYPEOF INSURANCE: A IGENERAL IUM ILITY Paatldpant Lem Liability 11/1/2015 12:01 AM 11111Z018 12:01 AM GENERAL. AGGREGATE (Applies Per Event) • $3,000,000 EACH DCCURRIME $1,000,000 DAMAGE TO•RENT'ED PREMISES (Each Oco.) $1,000,000 MEDICAL EXPENSE (Any are person) EXCLUDED PERSONAL. & A V INJURY • $1.00D,000 PRODUCTS-COMP/OP AGG $3,000,000 B I UMBRELLA/EXCESS LIABILITY X Occurrence PHUB517449 11112015 111112018 1 EACH OCCURRENCE 12:01 AM 12:01AM AGGREGATE,(AVllas per Event) 1 LUSION S ADDED BY FROVI$iMINS: DE3C�iiON OF OPERAT'IONSILOCA ,Coverage applies io USA Track & Field sanctioned events and registered per, including any *ectly related adrirAes, such as event set-up and tear. dawn, giant oheok-in and awmd ceremonies. t 'TM'�. , kwdAar it sin Widmer! insured Ss required by written contract or ement, but only for ICY arising out of the negigenoe of the Named 1 Insureds per the Ong endorsement Additional insured - C6rMfioate.Hoiden; (farm PI-AM-002) The Geieel Lim poi Is primary and noncontributory with respect to the nei9ance rime Named insureds (Form CG 00 01). 'The (teeeteWeblitty praci consigns a blanket Waiver o' Bubrogatlon as required by oonbect per Waiver of Transfer of Rights of Recovery Against Others (Form CC 24 04). Besse poSic y ialbws 10►1n of undedy;rrp General UJab4Tty. $10,000,000 $10,000,000 CERTIFICATE HOLDER: City 0f National City 124E National Cltylilvd National Oty Ci .91960 NOTICE OF CANCIEL-ATIOt Should any of She abate aeeciibed pa0dee be cancelled besmears tcpiralon date therm rtcloera8 be deiNare l in Gasp as WWI= prEcy prav> ors. AlJf/HOR2ED REPRESENTATIVE: CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: Ragnar Events, LLC 1 Orange County Child Abuse Prevention Center EVENT: Ragnar Relay SoCaI 2016 DATE OF EVENT: April 2, 2016 TIME OF EVENT: 9:00 am to 6:00 pm APPROVALS: DEVELOPMENT SERVICES RISK MANAGER PUBLIC WORKS FINANCE FIRE COMMUNITY SERVICES POLICE CITY ATTORNEY YES[ ] NO[ ] YES [x] NO [ ] YES [ ] NO [ ] YES [ ] NO [ ] YES[ ] NO[ ] YES [ ] NO [ ] YES[x] NO[ ] YES [x] NO [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: RISK MANAGER (619) 336-4370 • Provide a valid copy of the insurance certificate wherein the City of National City is a named insured. That the insurance policy provide a hold harmless and indemnification agreement which must have a combined single limit of no less • than $1,000,000.00 (ONE MILLION DOLLARS) that would cover the date of the event. • That the insurance company issuing the insurance policy must have a A.M. Best's Guide Rating of A:VII and that the insurance company is a California admitted company; if not then insurance policy must be submitted to the Risk Management Department for review and approval prior to the issuance of the Temporary Use Permit. Provide an Additional Insured endorsement naming the City of National City, its officials, agents and employees as an additional insured ▪ The Certificate Holder must reflect: City of National City Risk Management Department 1243 National City Boulevard National City, CA. 91950 • Name, address and contact information for the broker providing this insurance policy. 14 POLICE The Police Department does not have any stipulations for this event. We will notify our on duty personnel prior to the event so they are aware and can monitor the route, and in the event an incident occurs in our City along the route or to a participant they have contact information for event organizers. CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. 15 CC/CDC-HA Agenda 2/16/2016 — Page 297 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit - The Campagnolo GranFondo San Diego sponsored by GranFondo Cycling Tours on April 10, 2016 from 7:15 a.m. to 5 p.m. with no waiver of fees. (Neighborhood Services) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 16, 2016 IITEM TITLE: Temporary Use Permit — The Campagnolo GranFondo San Diego sponsored by GranFondo Cycling Tours on April 10, 2016 from 7:15 a.m. to 5 p.m. with no waiver of fees. AGENDA ITEM NO. PREPARED BY: IDionisia Trejo PHONE: 619) 336-4255 EXPLANATION: This is a request from GranFondo Cycling Tours to conduct The Campagnolo GranFondo San Diego bike ride through San Diego County on April 10, 2016 from 7:15 a.m. to 5 p.m. The event starts in Little Italy, downtown San Diego and finishes at Ruocco Park. 1,500 participants are expected for this event. Three routes will be offered a 34 mile short course, 56 mile intermediate and 105 mile long course. DLPARTMENT: Neighbor APPROVED BY: Department OUTBOUND - The course begins in Downtown San Diego under the Little Italy sign and proceeds around to Pacific Hwy and then south to Harbor Drive on which it stays until it exits San Diego. It enters National City at Civic Center Drive, turning right onto Civic Center and then following Tidelands Avenue until it turns left onto Bay Marina. It continues east on Bay Marina/Mile of Cars Way until it reaches National City Blvd where riders will turn right going southbound. Riders will continue southbound on NCB tuming eastbound at E. 30th Street and proceeding east on 30th/Sweetwater Road until reaching Plaza Bonita Road. Riders will then ride southbound on Plaza Bonita Road leaving National City jurisdiction. From its start in Little Italy, up to National City Blvd. and E. 30th Street, all intersections will be monitored by Hudson Safety Lite. This event has been approved by City Council for prior years with no waiver of fees. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. I APPROVED: MIS (City fee of $237.00 for processing the TUP through various City departments. Total fees are $237.00 pNVIRONMENTAL REVIEW: N/I ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: [Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: ATTACHMEN_i Application for a Temporary Use Permit with recommended approvals and conditions of approval. Ope of Event: Public Concert Fair Festival Community event Motion Picture GranParade d Open nstnating CUllfimeuxsBicycle Rid HBlock Party Event Title: The Campagnolo GranFondo San Diego Event Location: Please see ached event guide Event D,ate(s): From Y1011'6 to 4/10/18 Actual Event Hours: 7:15 AM co 5:00 PM Total Anticipated Attendance: 1'500 ( 1 '5(1( Participants Spectators) Setup/assembly/construction Date: 4/10/15 Start time: 7:00 AM Please describe the scope of your setup/assembly work (specific details): Dismantle Date: 4/10 completion Time: 5:00 PM List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Please see attached information. Sponsoring Organization: GranFondo Cycling Tours Chief Officer of Organization (Name) Steven Gaiasso, President Applicant (Name): hristopher Gomex Address: 1688 Columbia St, San Diego Daytime Phone: 619233-389 Evening Phone: 619 454-198 Fax: E-Mail: Contact Person `'on site" day of the event:Wally Zediker Cellular: 720 201-341 2 NOTE: THIS PERSON MIST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS i Is your organization a "Tax Exempt, nonprofit" organization? YESDNO Are admission, entry, vendor or participant fees required? Q YES❑NO If YES, please explain the purpose and provide amount(s): Fees depend on distances - $99, $85 and $55. Kids ride for free $ , Estimated Gross Receipts including ticket, product and sponsorship sales from this event, $ Estimated Expenses for this event. What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. Please see attached event guide, EIYES 0 NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: ElfE 0 Does the event involve the sale or use of alcoholic beverages? :IYE NO Will items or services be sold at the event? If yes, please describe: 2 CNO Does the event involve a moving mute of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. ®YES®NO Does the event involve a fixed venue site? if YES, attach a detailed site map showing all streets impacted by the event. YESDNO Does the evert ' the u or canopies? If YES: Number of tent/c anopfes " Sizes "IX� L_ p-� NOTE: A separate Fire Department permit is required for tents or canopies. IYEO Will the event involve the use of the or your stage or PA system? SPECIFY: In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: 0 Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas. Please describe how food will be served at the event If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Spey): 0 Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can that there are facilities in the immediate area avaftable to the public during the event) Tables # and Chairs* Fencing, barriers and/or barricades Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or related structures A,7F hie. - -.....: d or tr i i G.ii�a�ed•��Sa ur.,iC'ici Other related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and imrnecilataiy upon Bono, sailor of the event the aria must be retuned to a detail condition.) Number of trash cans: Trash containers with lids: Describe your plan for c e n-up end removal of waste and garbage during and after the event: 3 ) Please describe your procedures for both Crowd Control and internal Security. This is not applicable for the cyclists and aid station. Road and lane closures are handled by the traffic control company. LIYES 0 0 Have you hired any Professional Security organization to handle security arrangements for this event? if YES, please list DYES Security Organization: Security Organization Address: Security Director (Name): Phone: O Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please Indicate what arra ement you have made for providing First Aid Staffing and Equipment. Lease see event guide. Please pdecnb your Accessibility Plan for access at your event by individuals with disabilities: Not aabie. 7eniroatrittriVC0gri. btalt Wlii par' n the'Istreets. !NG: Hesse edescribe aisama pares gnus reLED gisirea. Please describe your plans to notify all residents, businesses and churches impacted by the iltfollow directions from the city to fulfill this request. NOTE: Neighborhood residents must be notified 72 hours In advance when events are scheduled In the City parks. 4 0 0 Are there any musical entertainment features related to your event? if YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music: OYES 0 Will sound amplification be used? If YES, please indicate: Start time: AM Finish Time P YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: PM Finish Time PM IDY Please describe the sound equipment that will be used for your event NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: a YE 'LJNO Anysigns,banners, decorations, special If YES, please describe: 18 1free standing event route directional signs will be on route. 5 Person in Charge of Activity 17897 Camino Del Roca Address 720 201-3412 April 10, 2016 Telephone Date(s) of Use City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. GranFondo Cycling Tours Organization Wally Zediker HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property darnage, or both, or any litigation and other liability, including attomey fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of icant Official Title Date �l! For oe riiy Certificate of insurance Approved Date e„tiUrrtok,141 0.40641...,Aist ye. 6 GRAN I ON D CVCLtNS TDtJRB 1 Event Guide 2016 Campagnolo Granfondo San Diego 8nd Annual Event Produced by GranFondo Cycling Tours Event Description The Granfondo San Diego Granfondo is a fun bike ride through San Diego County. The event starts in Little Italy end finishes at Ruocco park. 1,500 participants are expected for 2016. The ride will be held on Sunday April 10, 2016. Riders must obey all rules of the road. Three routes will be offered a 34 mile short course, 56 mile Intermediate and 105 mile long course. Date: Sunday April 10, 2016 Participants: 1,500 Point of Contact Ride Director Tobias Panek 858-255-9709 Events Manager Sarah Clinton 858-268-1250 Course Manager Wally Zediker 720-201-3412 7 BRAN F -14 CYCLINi TOURS 2 Course Route Carrpagnoio GranFondo San Diego Turn by Turn Gran Fondo Route 102 miles Mile Next Turn 18 mph 14 mph 10 mph Min 0.0 0.2 7:15 AM 7:15 AM 7:15 AM ; Head north on India St toward W Fir St 0.2 0.1 7:15 AM 7:15 AM 7:16 AM 'Turn left onto W. Hawthom St CO1.0 '7:16 AM 7:16 AM 7:16 AM Turn left onto Pacific Hwy_ 1.3 4.7 7:19 AM 7:20 AM 7:22 AM ;Turn left onto W Harbor Dr 6.0 0.2 7:35 AM ; 7:40 AM 7;51 AM Turn right onto Civic Center Dr 6.2 0.6 7:35 AM 7:41 AM 7:52 AM `South on Tidelands Ave 6.8 0.8 7:37 AM 7:44 AM 7:55 AM -Turn left onto Bay Marina Dr 7.6 0.4 7:40 AM 7:47 AM 8:00 AM Turn right onto National City_Blvd 8.0 2.0 7:41 AM 7:49 AM 8:03 AM Left onto E 30th St [START RULES OF ROAD: 10.0 1.3 7:48 AM 7:57 AM 8:15 AM Turn right onto Plaza Bonita Rd [REST STOP] 11.3 1.9 7:52 AM - 8:03 AM 8:22 AM :Turn left onto Bonita Rd 13.2 3.0 7:59 AM 8:11 AM 8:34 AM 'Turn right onto Otay Lakes Rd 16.2 1.0 8:09AM , 8:24 AM 8:52 AM Continue onto La Media Rd 17.2 3.3 8:12 AM 8:28 AM 8:58 AM Turn left onto Olympic Pkwy 20.7 0,7 8:24 AM 8:43 AM 9:19 AM Right onto Wueste 21.4 6.6 8:26 AM 8:46 AM 9:23 AM Tum right onto Otay Lakes Rd 28.0 2.2 8:48 AM 9:15 AM 10:03 AM . Pio Pico [REST STOP] 30.2 0.2 8:55 AM 9:24 AM 10:16 AM Turn left onto CA-94 30.4 7.7 8:56 AM 9:25 AM 10:17 AM !Turn right onto Honey Springs Rd 38.1 7.8 9:22 AM • 9:58 AM 11:03 AM 'Turn right onto Lyons Valley Rd 45.9 7.0.. 9.48 AM . .10:31 AM 11:50 AM Turn left onto Japatul_Rd [REST STOP] 52.9 4.8 10 11 AM • 11:01 AM 12:32 PM Slight left onto Dehesa Rd 57.7 3.2 10:27 AM : 11:22 AM 1;01 PM : Turn left to stay on Dehesa Rd 60.9 4.2 10:38 AM . 11:36 AM 1:20 PM .Turn left onto Willow Glen Dr 65.1 1.5 10:52 AM , 11:54 AM 1:45 PM 'Turn left onto Steele Canyon Rd 66.6 7.3 10 57 AM - 12:00 PM 1:54 PM -Turn left onto Campo Rd . 73.9 8.9 1121 AM 12:31 PM 2:38 PM Turn right onto Otay Lakes Rd EREST STOP] 82.8 0.7 11.51 AM . 1:09 PM 3:31 PM Continue straight on_Otay Lakes Rd 83.5 1.2 11:53 AM . 1:12 PM 3:36 PM : Turn right onto Hunte Pkwy 84.7 1.0, 11 57 AM 1:18 PM 3 43 PM'Left onto Proctor Valley Rd 85.7 2.0 12 00 PM 1.22 PM 3.49 PM Turn right onto Mountain Miguel Rd 87.7 0.6 12:07 PM ; 1:3o PM 4:01 PM Right on Proctor Vailey_Rd 88.3 1.5 12 09 PM , 1:33 PM 4:04 PM Left onto San Miguel Rd 00.8 6.1 12:14 PM ; 1:39 PM 4:13 PM Right onto Central Ave 89.9 1.3 12 14 PM ` 1:40 PM 4:14 PM ; Left onto Sweetwater Rd 91.2 1.4 12:1 9 PM 1:45 PM 4:22 PM • Right at Willow st, sty on Sweetwater rd 92.6 0.2 12:23 PM ' 1:51 PM 4:30 PM :Left onto Plaza Bonita Rd 92.8. 2.7 12:24 PM 1:52 PM 4:31 PM. Right onto bike path (REST STOP] 95.5 0.1 12:33 PM : 2:04 PM 4:48 PM Straigh to Tidlands 95.6 1.3 12:33 PM , 2:04 PM 4:48 PM • Tum right onto Tidelands Ave 96.9 4.6 12:38 PM ' 2:10 PM 4:56 PM ' Left onto East Harbor dr 101.5 12:53 PM , 2:30 PM 6:24 PM :Left into Ruocco Park (dust past PCH) 8 GRAN CY^. 'L TOURS Course Map 3 r'i * F_ � r�txr�� astir i r tin s+ t��. [? - .1 'v `: /1 i'y "i � '6Y_, .,,f• ` �} y.1.�..�". t 3 '14f4Ve l , (ii'idles' i Aid Stations Three location will serve as five aid stations along the course. Olympic Training Center will be used both ways on course and the Bonita Plaza park located will serve :s the first and last stop. Shampo residence will serve as an interim stop. Parking Plan All Parking is available on Clty stmts. Staff parking will be reserved as follows. #1 Reserve all 12 parking spaces in small lot north of Ruocco park along Harbor Dr. No Parking Saturday April 9, 2016 4:00 AM To Sunday April 10, 2016 8:00 PM 9 G Fafo o CYCLING TOURS #2 Reserve all spaces in small lot East of Ruocco Park along Pacific Hwy Meter numbers 7045 - 7062 No Parking Friday April 8, 2016 2:00 PM To Sunday April 1.0, 2016 8:00 PM #3 Reserve meter spaces 7012, 7013 and 7014 No Parking Saturday April 9, 2016 4:00 AM To Sunday April 9, 2016 8:00 PM Medical Plan Rural/Metro Corporation Ambulance Services will provide 1 BLS ambulance and will be stationed at the Olympic Training Center. A medical tent will be at the finish area staffed with at least 1 nurse or EMT. 4 Sag vehicle will be on course for non -emergency transportation. 4 Communications Plan Radios will be ordered for all staff, key medical and key police personnel. Cell phones will be used as back- up communication. Waste Removal Plan Waste removal is contracted through Waste Management. Two 3 yard waste and three 3 yard recycling will be used in the venue. 10 cardboard trashcans will be located throughout the venue to dispose of trash. 10 Recycle cans will be located in the venue for recycling. 8 Existing toilets are available in the venue. 12 additional portable toilets will be provided. Traffic Plan Road closures will be required for the start of the city of San Diego. Traffic posts: 2 CHP to control 94 and Campo Road Intersection. Traffic control services will be provided by Hudson Safety Lite. 10 �7RAN FONDA 5 OY5.::fiti.l- TOURS Electrical Two 2,000 watt generator will be used at the registration area and one 3,500 watt generator will be used for sound. Advanced Notification Signs 2 wk advanced notification Little Italy and 94 and Campo Ra both directions. No Park No park signs will be required at the start / finish area in the Little Italy area. START MAP SUPPORT VEHICLE STAGING GRANFONDO ARCH POLICE FIAT FERRARI • RIDE DIRECTION TIMING REGISTRATION GRAN FONDO STAGING LINE LITTLE ITALY MECHANICAL ARCH START LINE VIP STAGING LINE 1- MEDIO FONDO PICCOLO FONDO STAGING LINE 5 u W W STAGING LINE f- INDIA BT W 2 0 3 KETNER BLVD 11 GfiAN OND 6 CYC t WS Tati14.8 SITE MAP ------------- MEDICAL From Finish line <59 STAGE INFO BEER TENT TOILETS (6) At N MASSAGE TENT VENDOR BOOTHS EVENT HQ H FOOD PREP GENERATOR DUMPSTER 12 7 C Y C L 1 N 8 T Q U R S BEER GARDEN • 3 Private Security • No Furniture • Double wall fence ▪ 6 fi; moat • 12 oz beer glass size • 2 drink max • Certified pourer • Participants and spectators allowed • No alcohol sales Entrance / Exit Entrance / Exit I60 BEER TENT Double Fence aft N r 13 GRAN FONDIO 8 CYCL3:1113 Titi.!#''vS TIME LINE Friday - April 8 Mark Course 7:30 AM Pick up 24 ft box, El Cajon Load Expo truck Load Catering trailer 1:30 PM Set-up expo Vendor tables, tents, medical Place Rafael's tents Kitchen set-up 2:00 PM Drops - Toilets, sink, waste tank 5:00 PM Security arrives Saturday - April 9 6:00 AM Expo set-up, close parking lots Set-up bike racks, finish line truss, place out Fencing. Cone for safety Mark Course 7:30 AM Pick up 3 - 16 ft box trucks in El Cajon Load rest stop trucks Drop trucks off at Ruocco park south lot 10:00 AM Registration Opens / Expo Opens 12:00 PM 4:00 PM 6:30 PM Start / Finish walk-through EXPO closes Security arrives (4pm to 8am) Load registration and start line items Fill ice coolers VIP dinner Sunday - April 10 1:00 AM Streets barricaded & cars towed by Little Italy 3:00 AM 4:00 AM 4:30 AM 5:00 AM 5:30 AM 6:00 AM 6:15 AM 6:30 AM 7:00 AM Finish line set-up, set out traffic control equipment Fencing, truss Porto drop at start Cal -events set-up stage, truss & sound Drop Start line registration items, water station Fencing, sponsor banner Registration Opens (At the start line) All rest stop trucks depart Set-up start timing location Starting grid opens Volunteers arrive Position course marshals Position lead out vehicles Position Follow vehicles All vehicles set Music and announcing starts Opening remarks, event rules, cautions Pull route barriers Mike/Keith Darrell Tobias/RC/Steve/Darrell Carrie, Derek T/C /RC/Steve/Darrell Derek/Vince Elvis Darrell/Paul/Larry/Steve Jr Mike/Keith Wally/RC/Steve Josh/Tobias Elvis/Elvis Jr. Josh / ALL T/C Ramiro Josh/RC/Steve/Darrell/Paul Diamond Rod +3 Josh/RC/Steve/Darrell/Paul Sarah/Bobbie Katie/Maureen/Randy Tobias/Josh T. Wally Tobias Wally 14 1 ONIO 9 nY LI W3.ti. TOURS 7:05 AM Campagnolo welcome Tom Kattus 7:08 AM CAF Thank -you Nico 7:10 AM National Anthem 7:13 AM Start Ferraris Joe Busalacchi 7:15 AM Ride Start ALL 7:30 AM Break down start Josh/RC/Steve/Darrell/Paul Move timing point to Finish Tobias 7:45 AM First rider arrives at Rest Stop 1 Bonita Plaza Set KOM Pt1 Josh T / Steve Jr. 8:30 AM First rider arrives at Rest Stop 2 Pio Pico Set KOM Pt 2 Josh T 8:45 AM First rider finishes 9:00 AM Open India Street 9:30 AM First rider arrives at Rest Stop 3 Alpine 10:30 AM Lunch and Beer Service Opens 12:00 PM KOM timing closed Josh T. 12:30 PM Alpine Rest Stop 3 Closed 2:30 PM Prize raffle 3:30 PM Otay Lakes Rest Stop Closed 4:00 PM Expo closes Food service closes Pick-up expo, pack out tents, bike racks RC/Steve/Darrell/Paul 5:00 PM Plaza Bonita Rest Stop Closed Pack up kitchen RC/Steve/Darrell/Paul 5:30 PM Course Closes Beer garden closes Load out beer garden fence RC/Steve/Darrell/Paul 6:00 PM Clear Harbor Dr RC/Steve/Darrell/Paul 7:00 PM Finish 15 GRAN FOND o CYCLJNO TOURS CITY TIMELINE 10 OUTBOUND Location Time Miles Start NB India under Little Italy sign North of Date St. Proceed NB to Hawthorne. [LANE CLOSURE] 7:15 am — Starting wave 0 LEFT onto WB Hawthorne. Proceed WB to PCH. [LANE CLOSURE] 7:16 am — First Riders 7:30 am — Last Riders .2 LEFT from WB Hawthorne onto SB PCH. (LANE CLOSURE] 7:17 am — First Riders 7:30 am — Last Riders .4 LEFT from SB PCH onto SB#2 W. Harbor Dr. [LANE CLOSURE] 7:19 am — First Riders 7:35 am — Last Riders 1.3 HARBOR & Convention Center [LANE CLOSURE] 7:20 am — First Riders 7:40 am — Last Riders 2.0 HARBOR & Cesar Chavez {LANE CLOSURE] 7:25 am — First Riders 7:50 am — Last Riders 3.7 RIGHT from HARBOR onto CIVIC CENTER DR. [LANE CLOSURE] 7:31 am — First Riders 8:00 am — Last Riders 6.0 INBOUND Location Time Miles . LEFT from EB Civic Center Dr. onto NB Harbor Dr. (re-entering San Diego) 10:15 am — First Riders 4:30 pm — Last Riders 0 Left into Ruocco Park (just past PCH) 10:25 am — First Riders 4:50 pm — Last Riders 4.7 16 11 evcii..tme Tou Cars s.• Harbor Dr Finish Line Set-up SCS Place 500' N *4 of intersection • • • liming Mat 28 in cones R44A • SC5 Place 500' S of intersection .41 • 0-0•40-0 OOOOO CSSSOOOO • O l• +. " :**1Z' I \11' \\ ft+ • • All lanes 12' or more Finish Solid fencing W*E L4 Bikes --•••;\ 12 17 „.„ ..- --, --, GRAN FOND 12 CYCLING 1-12UPS ROUTE MAP DETAILS 18 Bonita Plaza Rest Stop Set-up CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: GranFondo Cycling Tours EVENT: The Campagnolo GranFondo San Diego DATE OF EVENT: April 10, 2016 TIME OF EVENT: 7:15am to 5pm APPROVALS. DEVELOPMENT SERVICES YES [ ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ ] NO [ ] SEE CONDITIONS [ ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: RISK MANAGER (619) 336-4370 • Provide a valid copy of the insurance certificate wherein the City of National City is a named insured. • That the insurance policy provide a hold harmless and indemnification agreement which must have a combined single limit of no Tess than $1,000,000.00 (ONE MILLION DOLLARS) that would cover the date of the event. • That the insurance company issuing the insurance policy must have a A.M. Best's Guide Rating of A:VII and that the insurance company is a California admitted company; if not then insurance policy must be submitted to the Risk Management Department for review and approval prior to the issuance of the Temporary Use Permit. • Provide an Additional insured endorsement naming the City of National City, its officials, agents and employees as an additional insured • The Certificate Holder must reflect: City of National City Risk Management Department 1243 National City Boulevard -National -City CA 9-1-950 • _ ame, addfess and contact information for the broker providing this insurance policy. FINANCE GranFondo Cycling Tours will need to apply for a business license. They are non-profit and therefore will not need to pay. They just need to complete the attached application and submit it with "proof of non-profit status". 20 FIRE (619) 336-4650 No fees for this event Stipulations required by the Fire Department for this event are as follows: t) Maintain Fire Department access at all titres. Emergency services access shall be given to ail emergency apparatus upon approach 2) Access for Fire Department shall be maintained at all times. At no time shell fire ianes fire hydrants, fire protection systems of ail types eto. be obstructed at any time. A minimum of 20 feet wide shall be maintained for the use of fire lanes 3) First Aid will be provided by organization. POLICE The police department does not have any stipulations tor this event. We will notify our Personnel who will be on duty during the event so they can monitor the bike route through our City and if called to respond to an incident in our City regarding the event or participants they will be aware of the event route, details and contacts. CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. 21 CC/CDC-HA Agenda 2/16/2016 — Page 320 The following page(s) contain the backup material for Agenda Item: Seeking City Council direction and request authorization to begin negotiating terms with Southwestern College for a National City Aquatic Center Operating Agreement. (Community Services) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 16, 2016 AGENDA ITEM NO. ITEM TITLE: Seeking City Council direction and request authorization to begin negotiating terms with Southwestem College for a National City Aquatic Center Operating Agreement. (Community Services) PREPARED BY: Audrey Denham PHONE: 619-336-4243 EXPLANATION: See attached staff report. DEPARTMENT: Community Development APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: jN/A ENVIRONMENTAL REVIEW: IN/A, ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Authorize City staff to begin negotiating terms with Southwestern College (SWC) for a National City Aquatic Center (NCAC) Operating Agreement to be brought back to City Council for approval in May. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Staff Report Staff Report Seeking City Council direction and request authorization to begin negotiating terms with Southwestern College for a National City Aquatic Center Operating Agreement. Background In 2004, it became a community goal to offer a public facility providing access to the waterfront. The City of National City and San Diego Unified Port District (the Port) have been working closely together to realize this community goal. A 4,700 square foot National City Aquatic Center (NCAC) in Pepper Park is nearing completion. On March 12, 2015 the City of National City advertised and distributed an RFP for qualified operators to be the onsite provider of aquatic programming at the NCAC. The City was seeking an operator with the ability to offer a variety of recreational aquatic, safety and environmental programs, develop multiple partnerships to create maximum access and use of the facility, and create programs with focus on community benefits and National City residents. On March 26, 2015 staff conducted a tour of the NCAC; representatives from the YMCA, Southwestern College (SWC), Pier 32 Marina and Kids on the Go were in attendance. On April 16, 2015 staff along with Parks, Recreation and Senior Advisory Board committee chair, James Grier, interviewed the sole RFP responder, Pier 32 Marina. On May 19, 2015 City Council authorized staff to begin negotiating terms of a NCAC Maintenance and Operating Agreement with Pier 32 Marina. In June 2015, Pier 32 Marina ceased negotiations with the City due to the financial uncertainty of operating the NCAC, based on the challenges of receiving public funds through a for -profit enterprise to subsidize the operation. The Pier 32 Marina proposal included SWC as a partner, which has a non-profit status and experience operating similar facilities. SWC has expressed interest in contracting with the City to be the operator of the NCAC. SWC SWC operates the Crown Cove Aquatic Center (CCAC), an off -campus center of SWC. A wide range of educational and recreational aquatic activities are offered at the CCAC to the surrounding communities. The primary focus is to promote safe boating education and instruction through broad -based programs. CCAC has an established and growing program serving both college students and the community. Current CCAC community partners include South Bay cities, California State Parks, Living Coast Discovery Center, the YMCA, the American Heart Association and Tijuana Estuary. Educational partners include Sweetwater Unified School District, National School District, and other South Bay school districts. Agreement Proposal with SWC City staff propose negotiating an Operating Agreement with SWC for an initial term of one year and the City would fully subsidize the operation of the NCAC, which SWC estimates at $200,000. All parties would work diligently to identify alternative funding sources that would lessen the City's obligation. During the first year, SWC would perform a feasibility study to assure future manageability and financial solvency for SWC. Following the first year of operation the City and SWC would mutually agree to extend the Operating Agreement for an additional term with a reduction of $50,000 in the public subsidy. Each subsequent year the City would reduce the public subsidy another $50,000 until year 5 when SWC would be able to financially support all NCAC operations. The $200,000 subsidy does not account for revenue collected for programs offered at the NCAC; such revenues would reduce the public subsidy. Operating Year City Subsidy (to be offset by other revenues and public funds) FY17 $200,000 FY18 $150,000 FY19 $100,000 FY20 $50,000 FY21 $0 Direct Ongoing City Costs and Capital Investment The City would be responsible for providing and paying for utility services, including gas, water, electricity, trash, sewer and telephone. These costs are estimated at approximately $10,000 annually. Potential additional costs include landscape maintenance, facility maintenance and janitorial. Options to cover these costs would be to solicit the support of the Port to provide these services or perform them in house which would require an analysis of current staffing and workloads. The City would also invest in necessary capital and recreation equipment for the operation of the NCAC, which is approximately $110,000. This includes watercraft, lifejackets, safety equipment, equipment storage systems, office furniture and equipment, tables and chairs, audiovisual equipment and promotional materials. All capital and recreation equipment would belong to the City and remain at the NCAC. The annual cost of utilities and onetime costs of capital and recreation equipment would be incurred regardless if the operator is SWC or the City. Potential Revenue Streams There are a number of grants that the City and SWC can apply for that would reduce operating and capital investment costs. The City has applied for a $60,000 grant from the Port's Tidelands Activation Program which would allow SWC to host monthly open houses for the community and support operations. The City and SWC may also apply for the Port's Environmental Fund to support additional programs. There are also boating and waterway grants available for purchasing capital and recreational equipment. The City and SWC plan to partner with the Port to market and rent the classroom space at the NCAC for corporate meetings/trainings, private functions such as weddings, and special events held at Pepper Park. In addition, there is a small office separated from the main office that could be rented. SWC is also considering renting the facility to other users that are looking for a space to host recreational aquatic, safety and environmental programs. Next Steps SWC will seek direction from their Governing Board in March. The City and SWC would then begin negotiations for an NCAC Operating Agreement. Staff would bring back an Operating Agreement for City Council approval in spring 2016. The agreement would then need to be approved by the Board of Port Commissioners in June 2016. Staff Recommendation Authorize City staff to begin negotiating terms with Southwestern College (SWC) for a National City Aquatic Center (NCAC) Operating Agreement to be brought back to City Council for approval in spring 2016. CC/CDC-HA Agenda 2/16/2016 — Page 325 The following page(s) contain the backup material for Agenda Item: Proposal from the Miss National City Alumni to produce and manage Miss National City Pageant. (Community Services) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 16, 2016 AGENDA ITEM NO. ITEM TITLE: Proposal from the Miss National City Alumni to produce and manage Miss National City Pageant. (Community Services) PREPARED BY: Audrey Denham PHONE: 619-336-4243, EXPLANATION: See attached staff report. DEPARTMENT: Community Services APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: ENVIRONMENTAL REVIEW: N/A) ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: See attached Staff Recommendation BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Staff Report 2. Pageants in San Diego Region 3. Miss National City Planning Calendar 2016 4. Miss National City Alumni Pageant Proposal Staff Report The City of National City ("City") was recently approached by Miss National City Alumni ("Alumni") representatives Marla Ledgerwood Mink -Green and Shelley Samudio with a proposal to produce and manage the Miss National City Pageant, beginning this year. The purpose of this staff report is to seek City Council direction on management options for the Miss National City Pageant, which include: 1. 2. 3. 4. Alumni and City enter into an agreement for management of the Pageant; City staff to manage the 2016 Pageant with Alumni acting as volunteers while an agreement is being negotiated. This option would allow time for the Alumni to obtain a non-profit status or partner with a non-profit organization. City transfer Pageant to the Alumni and consider City co-sponsorship of the pageant. City to manage the 2016 Pageant with Alumni acting as volunteers while the City and Alumni work on full transfer of the event in advance of the 2017 Pageant. This option would allow time for the Alumni to obtain a non-profit status or partner with a non-profit organization. City continue to manage Pageant and the Alumni assist in a volunteer capacity until such time as Pageant is transferred to another organization. City continues to solely manage Pageant. Please note the options are discussed in greater detail later in the report. History & Background Rich in history and social significance, the Miss National City Pageant has maintained a local tradition for over six decades, encouraging young women to achieve their personal and professional goals. Based on existing documentation, staff has done its best to recreate the chronology of the Pageant's history. • 1955 to 1971: National City Chamber of Commerce managed Pageant. • 1972 to 1978: National City Junior Chamber of Commerce, also known as the Jaycee's managed Pageant. • 1979 to 1985: Sweetwater Kiwanis Club managed Pageant. • 1986 to 2002: Alumni managed Pageant (National City Chamber of Commerce may have assumed a role in pageant for a portion of this time). • 2002: Del Mar Fairgrounds, 22nd District Agricultural Association/Fairest of the Fair, filed fictitious business name for "Miss National City". • 2003: Del Mar Fairgrounds, 22nd District Agricultural Association/Fairest of the Fair formally abandoned "Miss National City" name in response to City's request. Page 1 of 6 • 2003 to 2006: City Council approved five member volunteer committee to manage Pageant, including Alumni and 22nd District Agriculture Association. • 2007 to 2009: National City Host Lions Club managed Pageant. • 2010 to present: City assumed interim responsibility for Pageant. When assuming the Pageant in 2010, the City's intent was to do so on an interim basis until a viable entity was identified. Based on the results of recent phone survey of cities in the County, from those that responded, it appears there are no cities that currently manage their Pageants, and that separate organizations manage and host all aspects of the Pageants. (Attachment A) Pageants require a great deal of planning, outreach, marketing and coordination. National City's Pageant is no different. While the Community Services Department is responsible for the majority of the coordination, several other departments assist. (Attachment B summarizes the responsibilities associated with the Pageant.). Since the Pageant's inception, the City has contributed a nominal amount towards the event and currently provides funding in the amount of $1,450 annually. Key Points of the Miss National City Alumni Proposal (Attachment C) Alumni to be responsible for: • Manage budget and purchasing process (decorations, trophies, flowers, sashes, crowns, etc.). • Fundraising and solicitation of donations. • Contestant agreements and rules & regulations. • Judges and scoring. • Pageant theme, emcees, choreography, coaching, rehearsals and mentoring. City to be responsible for: • Financial support. • Required Insurance. • Equipment (stage, tables and chairs). • Production equipment (sound and lighting). • Support staff for setup and cleanup. • Security. • Fee waiver. • Marketing assistance. Page 2 of 6 As noted above, the Alumni's proposal seeks to create a partnership between the Alumni and the City in the organization and management of the Pageant.. The current proposal is unlike other agreements the City has entered into with other volunteers, consultants or organizations. The proposal seeks to act as the City's agent without the typical provisions required by the City. Discussion Points: • Insurance. The Alumni proposes that they be covered under the City's insurance. This is inconsistent with City policy and practice. Generally, when a consultant or organization contracts with the City (acting as our agent), that consultant or organization is required to have Workers' Compensation insurance, Commercial General Liability insurance and defend, indemnify, and hold the City harmless, free from liability for any injury related to its work. The reason for such requirement is so that should a claim or lawsuit arise based on the consultant or organization's work on our behalf, the risk is shifted to the consultant or organization to be financially responsible for the damage and the costs of defense. In the absence of a hold harmless, defense, and indemnity provision, should an agent of the City cause damage to a third party, the City can be held liable for the agent's acts. • Use of Public Funds. The Alumni proposes City funding. As with any use of public funds they must be used to fulfill a public purpose. The City has used its funds to operate Miss National City as an educational pageant in furtherance of the public purpose of providing National City youth an opportunity to continue advancing their education. • Fundraising and solicitation of donations. The Alumni proposes they be permitted to solicit donations and sponsorships acting as agents of the City. Without an agreement in place, the City cannot guarantee the appropriate solicitation, documentation and use of donations and sponsorship funds. The Alumni could form a non-profit charitable organization, which would enable them to independently solicit donations. As a charitable non-profit organization, the Alumni would have independent accountability requirements. • Legal Documents. The Alumni proposes creating and distributing contestant applications and agreements that would legally bind the City. The applications and agreements proposed by the Alumni must satisfy legal requirements. When the City works with consultants or organizations who are acting as agents for the City, the agents are responsible for the legal review of their documents. Page 3 of 6 • Disagreements. Typically, disagreements with City partners are governed by a formal agreement between the two parties. Without an agreement in place, the expectations and responsibilities of the parties may be unclear and could lead to misunderstanding without a resolution process in place. • Miss National City Alumni Group. It is unclear who the Alumni group represents and how many past Miss National City winners are interested in assuming responsibility of the pageant or participating in the planning and execution of the Pageant. Options for Management of the Miss National City Pageant Should the City Council desire to consider the Alumni proposal, staff has determined various options that allow the Miss National City Alumni to either be involved in or manage the Pageant in accordance with City Council and Administrative Policies, and in protection of the City's interests. • Option 1: o A: Volunteers. Alumni could become City volunteers. The process to become a volunteer is simple and volunteers can be processed and approved in approximately two weeks. Potential volunteers complete an application and undergo a background check; volunteers are not permitted to begin volunteering until they have cleared their background check (Administrative Policy 04.09, Volunteers and Unpaid Interns). City volunteers are covered under the City's Workers' Compensation and liability insurance policies1. Volunteers receive necessary training depending on their position and are supervised. The skills and talents of the Alumni could supplement the Pageant; however, to protect the City from legal exposure, decisions related to use of public funds, supervision or oversight of the participants, and legal matters should be made by City staff. 0 B: Consultant or Operating Agreement. Alumni could enter into an agreement with the City to operate the pageant. Agreement terms would be negotiated by both parties and approved by City Council. Standard provisions of operating agreements include a defense, indemnity and hold harmless provision, as well as adequate insurance coverage requirements. The Alumni would need to formalize their organization and obtain the appropriate insurances and certifications as previously noted. 1 The City is self -insured up to the first $250,000 for liability claims. Page 4 of 6 One way to accomplish this would be to become a non-profit organization. With this option, the Alumni would be able to have a larger role in managing the Pageant. Through an approved operating agreement, the Alumni would be able to act as agents on the City's behalf and ensure the City's interests are protected. • Option 2: Complete Transfer of Pageant. The Alumni would assume full responsibility of the Pageant, including planning and oversight. As with any organization, the Alumni would submit a Temporary Use Permit (TUP) Application for City Council approval. The organization would be responsible for all applicable fees associated with the TUP and City services. The City Council has the discretion to co-sponsor the event with fee waivers limited to $1,000 per day, consistent with City Council Policy 804. Under this option, the Alumni would execute a hold harmless provision and obtain insurance naming the City as an additional insured as required through the TUP process. Council Consideration Staff is seeking direction on management options for the Miss National City Pageant and recommends approving one of the following options: 1. Alumni and City enter into an agreement for management of the Pageant; City staff to manage the 2016 Pageant with Alumni acting as volunteers while an agreement is being negotiated. This option would allow time for the Alumni to obtain a non-profit status or partner with a non-profit organization. 2. City transfer Pageant to the Alumni and consider City co-sponsorship of the pageant. City to manage the 2016 Pageant with Alumni acting as volunteers while the City and Alumni work on full transfer of the event in advance of the 2017 Pageant. This option would allow time for the Alumni to obtain a non-profit status or partner with a non-profit organization. 3. City continue to manage Pageant and the Alumni assist in a volunteer capacity until such time as Pageant is transferred to another organization. 4. City continues to solely manage Pageant. Page 5 of 6 Staff Recommendation City looks forward to ultimately transferring the Miss National City Pageant to the Alumni or another organization. Given that the 2016 Pageant is less than five months away, Staff recommends the Alumni participate in this year's Pageant as volunteers. During this time, the City and the Alumni can assess the relationship and return to the City Council in Fall 2016 with a plan for the 2017 season that could include a continued joint relationship or the Alumni assuming complete responsibility. Should the City Council desire to engage the Alumni as a consultant or transfer the Pageant to said group for the 2016 Pageant season, the City Council would need to approve an agreement or transfer of the Pageant no later than the March 1, 2016 City Council meeting. This ensures enough time for the Alumni to submit a TUP for Council review and approval. Page 6 of 6 Attachment A Pageants in the San Diego Region Based on the results of recent phone survey of cities in the County, from those that responded, it appears there are no cities that currently manage their Pageants, and that separate organizations manage and host all aspects of the Pageants. • City of Carlsbad — The pageant is managed by the Lions Club of Carlsbad and there is no City involvement. The Miss Carlsbad Court consists of a Miss Carlsbad, three Miss Carlsbad Princesses, a Miss Teen Carlsbad and three Miss Teen Carlsbad Princesses. • City of Coronado — The pageant is independently managed and the City awards a grant to the Pageant. The Miss Coronado Court consists of a Miss Coronado, a Miss Teen Coronado, a Miss Pre -Teen Queen and a Miss Petite Queen. • City of Oceanside — The pageant is managed by the Oceanside Sea Lions Club and there is no City involvement. The Miss Oceanside Court consists of a Miss Oceanside, three Miss Oceanside Princesses, a Miss Teen Oceanside and three Miss Teen Oceanside Princesses. • City of Vista — The pageant is independently managed by two past Miss Vista winners who partner with Vista Village Business Association, utilizing the Association's non-profit status. The Miss Vista group plans on receiving non- profit status this year. There is no City involvement in the pageant. The Miss Vista Court consists of a Miss Vista, four Miss Vista Princesses, a Miss Teen Vista, four Miss Teen Princesses, a Mr. Vista and three Mr. Vista Princes. • City of Poway — The pageant is managed and sponsored by the Kiwanis of Poway and there is no City involvement. The Miss Poway Court consists of a Miss Poway, two Miss Poway Princess, a Miss Teen Poway, and two Teen Poway Princesses. • Additional Regional Pageants — The Council for Youth Empowerment is a non- profit organization that manages multiple scholarship pageants in the San Diego region including Miss North County Regional, Miss North Coast, Miss Alpine, Miss Mountain Empire, Miss San Diego East County, Miss South Bay and Miss Eastlake. Attachment B Miss National City Pageant Planning Calendar 2016 Task Month Confirm approved budget amount and estimate Pageant costs February Review and approval of Miss NC Pageant Application by City Attorney and City Manager February Update Miss National City Pageant flyer/application for distribution Mid- February Attend local service club meetings to solicit sponsors Mid- February Solicit Miss NC participants through Sweetwater High School Videotape for SUHI news Presentations for Cheerleading Squad and Advanced Dance Multiple onsite visits during lunch and afterschool to connect with students March -mid -May Additional advertising at: National City Southwestern College National City Library Boys & Girls Club National City Offices and Recreation Centers Chamber of Commerce March to mid -May Coordinate social media and online posts for Facebook, Twitter and City's Website March to mid -May Review and approval of Miss NC Pageant Agreement by City Attorney and City Manager Mid -April Submit facility use application to use MLK for pageant practices Mid -April Deadline for submitting applications May 12 Prepare orientation documents May 18 Orientation with applicants (distribute Miss NC Pageant Agreement) May 19 Select appropriate pageant music and confirm licensing has been paid Attend Neighborhood Council meeting to solicit participant March Invite and confirm Judges and tabulator March Invite and confirm emcees March Invite and confirm Police and Firefighters escorts for evening gown competition March Attend first 4th of July Carnival TUP meeting April Select appropriate pageant music and confirm licensing has been paid Mid -May Create pageant opening routine and sequence of competition segments Mid -May Schedule guest speakers during practices Mid -May Schedule Pageant interviews with judges Mid -May Pageant practice 1 (Miss NC Pageant Agreement due) May 31 Pageant practice 2 (guest speaker: pageant advice) June 2 June 2 Select and order crowns, flowers and sashes June 6 Pageant practice 3 June 7 Pageant practice 4 (guest speaker: overview of City developments) June 9 Invite dignitaries & special guests June 9 Attachment B Participant biographies due June 9 Introduce Miss National City participants at Neighborhood Council meeting June Create stage layout and determine equipment needs June 13 Determine and order decoration for stage June 13 Photo session for current Miss NC & Court & participants June 14 Pageant practice 5 (guest speaker: pageant advice) June 14 Begin researching and developing interview questions and impromptu questions to ensure questions from past years are not used June 15 Create Pageant program June 16 Pageant practice 6 June 16 Attend second 4th of July Carnival TUP meeting to confirm equipment needs June 16 Attend local service club meetings to invite members to Pageant June 16 Prepare Judges binders: coversheet with scoring guidelines, interview questions, and scoring sheets for interview, business attire, evening gown and impromptu question June 20 Prepare Tabulator binder June 20 Email program to vendor for printing June 20 Pageant practice 7 (guest speaker: interview skills, appropriate attire, etc.) June 21 Write script for pageant emcees June 23 Pageant practice 8 June 23 Pageant interviews with Judges June 27 Pageant practice 9 June 28 Meet Public Works at stage to ensure proper setup June 30 Dress rehearsal with all participants & emcees at the 4th of July Carnival stage June 30 Introduction of participants at 4th of July Carnival stage one day prior to Pageant July 1 Miss National City Pageant July 2 Miss National City & Court perform volunteer work and do appearances for the remaining 4th of July Carnival dates July 3 & 4 Presentation of Miss NC & Court at local service club meetings July Schedule monthly meetings with Miss NC & Court for July through June July Presentation of Miss National City & Court at City Council meeting August 16 Presentation of Miss National City & Court at all 3 Neighborhood Council meetings August Meet with Chamber President to review Chamber events and expectations from Miss NC & Court during events August Invite Miss NC & Court to special events throughout the City August -June City of National City Miss National City Pageant PROPOSAL We, Miss National City Alumni (hereafter to be referred to as The Alumni)*, propose to produce the Miss National City Pageant on BEHALF of the City of National City (hereafter to be referred to as The City), as VOLUNTEERS, for this City sponsored event: The City to be responsible for the following: The venue (to be mutually agreed upon by both parties) An Allotment (to be determined by the City) Any required insurances Custodial staff Placing application and rules & regulations to enter the pageant on The City's website Advertising (on the City's website) and permission for additional signage through out the City, i.e. signs and posters. Set up (providing tables, chairs, stage, sound, lighting and technical equipment) Security (if needed) Fee waivers The Alumni to be responsible for the following: Staging decorations, layout, and diagrams. Theme Program Book Master of Ceremony Judges Auditors (the night of the pageant for tabulating scores) A full accounting of all monies spent Fundraising for additional funds needed Scoring System Validating contestants eligibility Contestant Agreement Drafting rules and regulations to be signed by all contestants Photographer Obtaining donated prizes/gifts for contestants and winner Trophies/flowers/sashes/crowns Rehearsals Mentoring and training for the new Miss National City, including: Overseeing and managing the reigning queens public appearances Providing guidance regarding conduct and appearance/attire when representing the City at events. Training to include public speaking, comportment, etiquette, and modeling to excel at overall presentation at all times. Our intent is to keep in place all current sponsorships and partnerships, including the scholarship sponsor, The National City Host Lions Club, and actively pursue additional sponsorships. In addition, we intend to provide a pageant worthy of The City that is irrefutable and above reproach, maintaining a high standard as expected by the contestants and citizens of National City. The Alumni is unique in the fact that we are preservationists of the pageant's history and its former titleholders. We wish to instill and pass the knowledge of the pageant's history on to our future titleholders. This is very important to our group and to our city as well. The Alumni consists of woman of all ages, who have competed and won the Miss National City title and as such, are familiar with the demands of the position. The expertise and experience we have to offer will not only assist the current Miss National City to perform her duties to the best of her ability but also guide her in providing the City with a Queen to be proud of. For over 30 years, (1980 - 2003), the Alumni served as the operators of the Miss National City Pageant. Among our alumni we have several educators, business women, flight attendants, a councilwoman, among other types of business professionals and of utmost importance, one of who has decades of experience in directing, coaching, producing and judging pageants. It is our wish to share this experience and wisdom to make the Miss National City Pageant one of the most desired and sought after pageants to the young ladies of our community and bring awareness of the great city of National City. *Miss National City Alumni consists of any and all former Miss National City's that choose to participate. CC/CDC-HA Agenda 2/16/2016 — Page 339 The following page(s) contain the backup material for Agenda Item: PRESENTATION: 2015 Legislative Update (City Attorney) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 16, 2016 AGENDA ITEM NO. ITEM TITLE: PRESENTATION: 2015 Legislative Update PREPARED BY: Claudia Gacitua Silva PHONE: Ext. 4222 EXPLANATION: DEPARTMENT: APPROVED BY: The City Attorney will provide a PowerPoint presentation highlighting new laws affecting California cities. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Accept and file. BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: PowerPoint Presentation