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HomeMy WebLinkAboutAgenda Packet Document CC 03-01-16AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY 4,- CALIFORNIA - NATIONAL City `NCo$poRATBD 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, MARCH 1, 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 3/1/2016 — 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 3/1/2016 — 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 1. Recognizing Custodian Michael Banjoman for his 20 years of service with the City of National City. PRESENTATIONS INTERVIEWS / APPOINTMENTS 2. Interviews and Appointments: Various Boards & Commissions. (City Clerk) CONSENT CALENDAR 3. Motion of the City Council of the City of National City approving the waiving of the reading of the text of the Ordinances considered at this meeting and providing that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 4. Approval of the Minutes of the Regular Meetings of the City Council and Community Development Commission - Housing Authority of the City of National City of December 15, 2015 and February 2, 2016. (City Clerk) 5. Resolution of the City Council of the City of National City authorizing the City Manager to enter into a Memorandum of Understanding with the CSAC Excess Insurance Authority for excess liability coverage. (Human Resources) 6. Resolution of the City Council of the City of National City Approving the Memorandum of Understanding (MOU) between the City and the National City Police Officers Association. (Human Resources) CC/CDC-HA Agenda 3/1/2016 — Page 4 7. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with the National School District for partial funding of the School Resource Officer Program. The City of National City will be reimbursed $68,624.49 for FY2016 and $68,624.49 for FY2017 by the National School District, for a two-year total of $137,248.98 for Police School Resource Officer Services. (Police) 8. Resolution of the City Council of the City of National City ratifying and authorizing the acceptance of a $14,618.25 FY 2015 Citizens' Option for Public Safety (COPS) Program grant and $100,000.00 FY 2016 Citizens' Option for Public Safety (COPS) Program grant to purchase police radios, Panasonic Toughbook computers, active shooter plates and plate carriers, Tasers, and other essential police equipment as needed and to ratify and authorize the establishment of an appropriation and corresponding revenue budget in the amount of the grant within the Supplemental Law Enforcement Services Fund (SLESF). (Police) 9. Resolution of the City Council of the City of National City, waiving the formal bid process consistent with National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City (Buyer) to piggyback 1) the State of California Department of General Services Contract #1-15-23-14B to award the purchase and build -out of eight fully equipped police vehicles to Folsom Lake Ford in an amount not to exceed $443,468.00; and 2) the County of San Diego Department of Purchasing and Contracting Contract #550743 to award the purchase of police radios for the new patrol vehicles to the Regional Communications System (RCS) vendor, Motorola Solutions, Inc., in an amount not to exceed $37,092.00.(Engineering/Public Works) 10. Resolution of the City Council of the City of National City accepting a Utility Easement from Seven Twenty Six MS L L C for the installation and maintenance of two water pipelines to provide potable water and fire sprinkler service to 726 W. 19th Street, National City, CA 91950. (Engineering/Public Works) 11. Resolution of the City Council of the City of National City authorizing the Mayor to execute a Subordination Agreement allowing a new mortgage that is not -to -exceed $192,000 to be and remain a lien prior and superior to a home purchase assistance loan on a single -unit property located at 2918 E. Division Street in National City. (Housing, Grants, and Asset Management) 12. Warrant Register #29 for the period of 01/13/16 through 01/19/16 in the amount of $2,107,138.58. (Finance) 13. Warrant Register #30 for the period of 01/20/16 through 01/26/16 in the amount of $521,082.18. (Finance) CC/CDC-HA Agenda 3/1/2016 — Page 5 14. Warrant Register #31 for the period of 01/27/16 through 02/02/16 in the amount of $2,774,892.16. (Finance) PUBLIC HEARINGS 15. Continued Public Hearing - Conditional Use Permit for a Wireless Communications Facility to be located at 116 National City Blvd. (Applicant: Verizon Wireless) (Case File 2015-15 CUP) (Planning) ORDINANCES FOR INTRODUCTION 16. An Ordinance of the City Council of the City of National City amending Title 18 (Zoning) Chapter 18.47 of the National City Municipal Code pertaining to Signs and Outdoor Advertising Displays. (Applicant City - Initiated) (Case File 2015-07 A) (Planning/City Attorney) ORDINANCES FOR ADOPTION NON CONSENT RESOLUTIONS 17. Resolution of the City Council of the City of National City, 1) awarding a contract to Dick Miller, Inc. in the not -to -exceed amount of $1,276,903.10 for the Plaza Boulevard & 14th Street Improvements Project, CIP No. 15- 10; 2) authorizing a 15% contingency in the amount of $191,535.47 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. (Engineering/Public Works) 18. Resolution of the City Council of the City of National City approving a Conditional Use Permit for a wireless communications facility at 1320 Highland Avenue. (Applicant: Verizon Wireless) (Case File 2015-24 CUP) (Planning) 19. Resolution of the City Council of the City of National City authorizing various Fiscal Year 2016 Mid -Year Budget Adjustments. (Finance) NEW BUSINESS 20. Temporary Use Permit - Circus Vargas sponsored by Tabares Entertainment, Inc. from March 10, 2016 to March 27, 2016 at the Westfield Plaza Bonita Mall with no waiver of fees. (Neighborhood Services) 21. Temporary Use Permit St. Anthony of Padua Church presentation of the Live Stations of the Cross starting at 410 W. 18th Street on March 25, 2016 from 3 p.m. to 4 p.m. with no waiver of fees. (Neighborhood Services) CC/CDC-HA Agenda 3/1/2016 — Page 6 22. Temporary Use Permit - Community Service Day sponsored by the City of National City Community Services Division on Saturday, April 30, 2016 from 8 a.m. to 4 p.m. (Neighborhood Services) 23. Request to use Martin Luther King Jr. Community Center (North and South Rooms) by National City Chamber of Commerce for a Job Fair on Wednesday, April 13, 2016. Applicant anticipates approximately 1,000 attendees. Applicant is requesting a waiver of fees. (Engineering/Public Works) 24. Proposal from the Miss National City Alumni to produce and manage Miss National City Pageant. (Community Services) ** This item was held over from the meeting of February 16, 2016** 25. Discussion on the formation of a Military Advisory Committee. (City Manager) 26. Request for direction regarding City Council priorities for the City of National City's Fiscal Year 2017 budget. (Finance) 27. City Council review and discussion of proposed Policy update to the City Council Policy Manual (Chapter 800). (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 28. Staff presentation on the preservation of affordability and current capital improvement needs at Morgan and Kimball Senior Towers followed by discussion and direction by the Board of Commissioners of the Community Development Commission -Housing Authority on the issuance of a Request for Qualifications for the selection of a development team to enter into an Exclusive Negotiating Agreement for the rehabilitation and recapitalization of the Senior Towers (Housing, Grants, & Asset Management) C. REPORTS STAFF REPORTS MAYOR AND CITY COUNCIL CC/CDC-HA Agenda 3/1/2016 — Page 7 CLOSED SESSION REPORT ADJOURNMENT Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday - March 15, 2016 - 6:00 p.m. - Council Chambers - National City, California. 2016 CITY COUNCIL SUMMER LEGISLATIVE RECESS July 5 - City Council Meeting - Suspended July 19 - City Council Meeting - Suspended BUDGET SCHEDULE - FISCAL YEAR 2017 Budget Workshop - April 26, 2016 - 6:00 pm Budget Hearing - June 7, 2016 - 6:00 pm CC/CDC-HA Agenda 3/1/2016 — Page 8 The following page(s) contain the backup material for Agenda Item: Recognizing Custodian Michael Banjoman for his 20 years of service with the City of National City. s» CALIFORNM +-o NATIONAL Orr now City of National City MEMORANDUM DATE: February 8, 2016 TO: Lavonne Leon, Executive Assistant IV (City Manager's Office). Josie Flores -Clark, Executive Assistant III (Mayor/Council Office) FROM: Lilia Munoz, Human Resources Analyst SUBJECT: EMPLOYEE SERVICE RECOGNITION The following City employee will complete his 20 years of service with the City of National City on February 27, 2016: NAME: Michael Banjoman POSITION: Custodian HIRED: February 27,1996 As part of the Employee Recognition Program, the employee wishes to have the opportunity to receive a City Council Recognition at the Council Meeting of Tuesday, March 1, 2016. If this is acceptable, please make the necessary arrangements and send confirmation of the schedule to the employee, department and our office. The recognition letter and gift certificate selectionmill be sent prior to the presentation. Thank you. cc: Michael Banjoman, Custodian Steve Manganiello, Director of PW/City Engineer H:IRecognition Program CC/CDC-HA Agenda 3/1/2016 — Page 10 The following page(s) contain the backup material for Agenda Item: Interviews and Appointments: Various Boards & Commissions. (City Clerk) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 1, 2016 AGENDA ITEM NO. ITEM TITLE. Interviews and Appointments: Various Boards & Commissions. (City Clerk) PREPARED BY: Michael R. Dalla PHONE: 6 1 9-336-4226 EXPLANATION: See attached background report. DEPARTMENT: City Clerk APPROVED BY: .' 47 FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance STAFF RECOMMENDATION: KU) interview new applicants and incumbents as desired. (b) Consider giving priority to filing the Library Board vacancy as soon as possible to facilitate a quorum at their March ie Meeting. BOARD / COMMISSION RECOMMENDATION: fN/A ATTACHMENTS: 1. Background Report 2. Applications BOARDS & COMMISSIONS — CURRENT VACANCIES AND EXPIRED TERMS March 1, 2016 LIBRARY BOARD OF TRUSTEES (Appointing Authority: Mayor subject to confirmation by City Council) There is one current vacancy on the Library Board. Three applications have been received. Name Interviewed Margaret Godshalk No Raymond Juarez No Luz Molina -Lopez No PARKS, RECREATION & SENIOR CITIZENS ADVISORY BOARD (PRSCAB) (Appointing Authority: Mayor subject to confirmation by City Council) There is one expired terms on the PRSCAB (Bert Andrade). Bert Andrade does not wish to be reappointed. There is one application on file. Name Interviewed Jose Rodriguez Perez No PLANNING COMMISSION (Appointing Authority: City Council) There are two terms expiring on the Planning Commission (Al Alvarado and George Baca). Both Incumbents desire to be re -appointed. There are three new applications on file. Name Interviewed Al Alvarado Incumbent No George Baca Incumbent No Ivan Cruz No Jose. Rodriguez Perez No Gonzalo Quintero No PUBLIC ART COMMITTEE (Appointing Authority: Mayor subject to confirmation by City Council) There is one expired term (Memo Cavada) on the Public Art Committee. The incumbent has indicated a desire to be re -appointed and has been asked to be available for an interview. There are two additional applications on file. Name Interviewed Manual Cavada Incumbent No Anette Dela Riva Yes Anthony LoBue No Civil Service Commission Community & Police Relations Commission* (CPRC) Library Board of Trustees Parks, Recreation & Senior Citizens Advisory Board CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Planning Commission Public Art Committee* —7 Traffic Safety Committee Port Commission Note: Applicants must be residents of the City of national City except for those marked by an Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: ! l Gr:rl /vu— Cri r Home Address: q U j)u f , ,o--t( Tel. No.: (Lela') 3J 2 q.as Business Affiliation: IA A Title: N A Business Address: N Tel. No.: N(A Length of Residence in National City: San Diego County: 5 California: Educational Background: $W6 w e-lam 1111 Schafre (2 ")) gaa,1 l.Un i ue Q j (2,i)-) - $, v-6 En f h wJ4 /d c e,c/, 1- d /K e ar. .3Le67` Occupational Experience: !`? (I tux-) �a n n ,0.4 s Once O -FIN. M C W Professional or Technical Organization Memberships: tiiA Civic or Community Experience, Membership, or Previous Public Service Appointments: .Cmryvtowl-j d voca,4 at Tk 'Paste -hi Auta, Experience or Special Knowledge Pertaining to Area of Interest: TS c ; 494.4 a C = Driver's LALL4,44. 2oace Letbikild�rr to 4c MILS - Have you ever been convicted of a felony crime? No: ✓ Yes:_ misdemeanor crime? No:_ Yes: If any convictions wore expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding g g yes ansuv�s tie above twoquestions. fl c�+ Date: JZ j Signature: 22 Please return completed form to: Office of the City Clerk 1243 National City Blvd, National City, CA 91950 Thank you for your interest in serving the City of National City. * Residency requirements may not apply This documents is fled as a public document —u i Please feel free to provide additional information or letters of en'rsejjent. -4 Revised: March 2012 CITY OF NATIONALCITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES T Civil Service Commission • Planning Commission Community & Police Relations Commission* (CPRC `c�' aubhic Art Commr ee Library Board of Trustees Traffic a e ommittee Parks, Recreation & Senior Citizens Advisory Board Note: Applicants must be residents of the City of National City except for those marked by an * Applicants for the Community and Police Relations Commission must pass a criminal background check ppecto appoi nt. Home Address:44 3q.. \1%1b( uocuA Tel. No.: 5(0q%'3 1 Business Affiliation: Title: Business Address: Tel. No.: Length of Residence in National City: ca , San Diego County: .14 1.0 California: y62 Educational Background: Ls, Y1.C.' 1 n 1.-\r;oo k Occupational Experience: keAcome -2.V— Professional or Technical Organization Memberships: Civic or Community Experie ce, Membe hip, or Previous Public Service Appointments: l-N`v� Co. l n 44',e S V `rS) -afx-5,10 Experience or Special Knowledge Pertaining to Area of Interest: Have you ever been convicted of a felony crime? No:es: misdemeanor crime? No: Yes: If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions. Please feel free to provide additional information or letters of endorsement. Please return completed form to: Office of the City Clerk 1243 National City Blvd, National City, CA 91950 Thank you for your interest in serving the City of National City. * Residency requirements may not apply This documents is filed as a public document Revised* March 2012 CITY OF NATIONAL -CITY APPLICATION Pc* APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Civil Service. Commission •Planning Commission Community & Police Relations Commission* (CPRC) Public Art Committee*Library Board of Trustees Traffic Safety Committee Parks, Recreation & .Senior Citizens Advisory Board Note: Applicants must be residents of the City of National City except for those marked by an * Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment, Name: Ma r'S rth A Go 0611a 1 Home Address: 24 95 C (' t ef,,i1-0( Ave, Tel. No.: b I Business Affiliation. Title: _ Business Address: Tel. No.: Length of Residence in National City 6740 10.5. San Diego County: 5g,' ,Y5 California: 'i1/rj'. Educational Background: ea Ldr o f k i/itd A yG , 1,17 11/7iy, 045; j 6-; Occupational Experience: %.. _,,►„ ►ti C leffrA,, H j 'j g' Src r -45 earicia4,7(njItilt tze h) 7 yr. - P•rofessional or Technical Organization Memberships: -0e7 tee.ofireXred k„ Civic or Community Experience, Membership, or Previous Public Service Appointments: f% (C ..-Atu . Pe/MO-C. ere eA. fr aram{ y 0, Experience or Special Knowledge Pertaining to Area of Interest: �1 Have you. ever been convicted of a felony crime? No X-•Yes:_ misdemeanor crime? NO( Yes: If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. c- r ,, • Please feel free to provide an explanation or information regarding yes answs tie above two questions. • ma o Please feel free to provide additional information or letters of en.rsnent. Please return completed form to:. Office of the City Clerk 1243 National City Blvd, National City, CA 91.950 Thank you for your interest in serving the City of National City. * Residency requirements may not apply This documents is filed as a public document Rimmed December 2015 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Civil Service Commission — Planning Commission _ mmuriity & Police Relations Commission* (CPRC) Public Art Committee* Library Board of Trustees Traffic Safety Committee Parks, Recreation & Senior Citizens Advisory Board Note: Applicants must be residents of the City of National City except for those marked by an * Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: Home Address: / 3 4 , ,„/-tat, .. ' : Tel. No.: 449 2 'l 2 $(70 Business Affiliation: Title: Business Address: Tel. No.: Length of Residence in National City: San Diego County: 6 y.Califomia: C© r. Educational Background: E/e e,.,i f h ,4 J ,lej, A ,Sc J oa,J, c;544--- 1 e-rf.rr?! an , ie --0 1e Occupational Experience: S?e ,1 , r'.c e t'.? 4•'i' e-c E, Oem4 eal i-e ex %ec�e.li e,rw ire A/a..i a,, a, l S' c.A a a / ,, '.s free c 7. Professional or Technical Organization Memberships: Civic or Community Experience, Membership, or Previous Public Service Appointments: r 6r?s C/u. st 1i/a fiarla.1 e. ;�r� A/Auth,e,� cri) eor..ier..r +4P c u" Experience or Special Knowledge Pertaining to Area of Interest: Ec u.,e.a:$ ; o v .I b:&.c. 5 uu . Have you ever been convicted of a felony crime? No:_✓ Yes:_ misdemeanor crime? No: ►'Yes: If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions. Date: 21 t 9 t d C:b Signature Please feel free to provide additional information or letters of Please return completed form to: Office of the City Clerk 1243 National City Blvd,: National City, CA 91950 Thank you for your interest in serving the City of National City. * Residency requirements may not apply This documents is filed as a public document Revised: March 2012 Parks, Recreation & Senior Citizens Advisory Board Note: Applicants must be residents of the City off National City except for those marked by an * Applicants for the Community and Police Relations Commission must pass a criminal background check prior to a pointment. �' ° �e..... Home Address: - e . CITY OF "NATIONA! .f . . APII CATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Civil Service Commission Planning Commission Community & Police Relations Commission* (CPRC) Public Art Committee*Library Board of Trustees ir — Traffic Safety Committee Name: Tel. No.: daI. � EC 6 -- 2)07 5 BuVress A iation: U r Title: •"if3U t 4r- usiness Address: Z3Q '4)t i- 4 Tel. No.: 6,'1 - --- { s San Diego Coun : ( )'(iS Califomiat LS trYT Educational Background: k 01 {�'i111..4i WI:: i 4k� T1).� , -+ 1 114EX-AN),1=>\ on4 Oner 46 ' -E ct G.4 cA2��04 Length of Residence in National City: Occupational ikol Professional or Technical anization. Memberships: c,+,1 ge_) �1 fn Vie-if/Qv (itemsrtt ! ) �:r't.C41; ° an i ' vas � n Civic or Com unity Experience, Membership, or Previous Public Service Appointments: StflerTM*17-14% -Pr 1 - 1 erience: A -4 S ! ` l ' 4-IAS ui, V63krt,"� t OCC(C-4--r- Experience or Special Knowledge Pertaining to Area of Interest: Have you ever been convicted of a felony crime? N if any convictions were expunged disclosure is not disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions. Yes: misdemeanor crime? No:X Yes: aired. Convictions are not necessarily Date: —2 . -- 2-0\l0 Signatur� Please feel free to provide additional information or letters of endorsement. Please return completed form to: Office of the City Clerk 1243 National City Blvd, National City, CA 91950 Thank you for your interest in serving the City of National City. * Residency requirements may not apply This documents is filed as a public document Revised' March 2012 Luz Molina -Lopez 515 E. 26th Street National City, CA 91950 619-731-9563 February 11, 2016 Office of City Clerk 1243 National City Blvd. National City, CA 91950 Dear Mayor Morrison, Councilmembers, and Mr. Dada: Please accept my request to join the National City Library Board of Trustees. I was thrilled to find the listing for this open position on the city website and I would love for the opportunity to serve my community in this special way. My background is in the biopharmaceutical industry. For nearly 11 years now, I have worked in support of the production of new medicines undergoing clinical study. Before that, I was involved in a variety of social services efforts that helped people gain access to services in their community. I have a gift for analyzing and translating complex concepts into language that is easier to understand. My experience includes project -based teamwork and collaboration, especially in customer -facing functions. am very motivated to engage in social advocacy for the betterment of my community. Recently, I participated in HHSA's Resident Leadership Academy where I came to know passionate, enthusiastic resident leaders that affected in me the desire to invest my time and talents as well. Since then, I've discovered stimulating volunteer possibilities at Olivewood Gardens & Learning Center and at my children's elementary school. I grew up in National City. Every day I see evidence of how we are served in positive, progressive, and impactful ways. I wish to do my part as an educated, driven, and dedicated resident. I am hopeful that you will consider meeting with me to discuss further my qualifications. I have availability in the early afternoons or can arrange any time convenient to you and your council. Please contact me via phone, email, and/or text. Thank you for your time. Sincerely, Luz Molina -Lopez Enclosed: Application for Appointment Resume ':CITY OF:NATIONAL :.cm( ; APPLICATION FOR APPOINTMENT TO CITY BOARDS, •COMMISSIONS, AND COMMITTEES Civil Service Commission Planning Commission _ Community & Police Relations Commission` (CPRC) Public Art Committee* Library Board of Trustees Traffic Safety Committee Parks, Recreation & Senior Citizens Advisory Board Neste:App!!oarts must be residents of the City of ivational City except for those marked by an • Applicants for the Community and Police Relations Commission must pass a criminal backgroundIcheck prior to appointment. L.. Name: • uk. AoU{\ Home Address: J t 5 E. tei S+. c Tel. No.: (0 - � ) cis iz Business Affiliation'ii A- {:1,P,�e._ Title: 'c A tki K .4 ?Itsec.114 jt Business Address: 110.1 o . � -� C _ S .. J . cps Tel. No.: Length of Residence in National City: 30 ltS San Diego County: 31 \I (& California: 3 N �s Educational Background: .A. (AC. . harket..6.1 ) I e Cu W oll . St W es-ksr\ CC. (-{4" - - r es ; _ te.rfuo - Hs 115. Occupational Experience: N2,3 4 " C2 (t c , - o r', {-tee( [4-4A C'U e-e Z Professional or Techni • = I Organization Memberships: M.er to1r o F` - , Cat t..c Civic or Community Experience, Membership, or Previous Public Service Appointments: 1r�tf d311.-. sS061zit. CQ c4 .S pl eca Seer iseS .:l+/ec.... Experience or Special Knowledge Pertaining to Area of interest: l'�r.. ev c pro 'olOc i f C- _s rc C Have you ever been convicted of a felony crime? No:Yes: misdemeanor crime? No: Y. Yes:_ If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers4p tl bove two questions. CZM Date: ca I it / I LI. Signature: Please feel free to provide additional information or letters of endoennerit. Please return completed form to: -< CD Office of the City Clerk 1243 National City Blvd, National City, GA 91950 Thank you for your interest in serving the City of National City. * Residency requirements may not apply This documents is filed as a public document Revised: March 2012 Luz Molina -Lopez 515 E. 26th St., National City, CA 91950 1, 619-731-9563 l luzmolinalopez@yahoo.com Results -driven professional with a reputation for client collaboration, solid analytical skills, attention to detail, and excellent written and verbal communication. National City native seeking to give back to her community in a meaningful and impactful way. Extensively experienced in a work atmosphere that is fast -paced, stimulating, and client -oriented. Resourceful and focused on meeting deadlines. Outstanding computer skills. Native Spanish speaker. Work Experience Technical Proposal Writer l Ajinomoto Althea, Inc. ' Jan 2011 to Present Wrote more than 220 highly technical, detailed, accurate proposals in FY2015 for an organization providing clinical drug manufacturing services to global biotechnology and pharmaceutical companies Worked cross -functionally to coordinate efforts for the successful booking of $44 MM of business in FY2015 Gateway to all internal communication between the technical teams and business development team Created and managed databases in SharePoint, Saiesforce, and QAD ERP systems Compile data from internal and external sources for report generation, metrics, and analysis Led over 50 client visits in FY2015 by preparing agendas, arranging tours and meeting rooms, presenting the corporate overview presentation, and facilitating project discussions Manufacturing Associate I Althea Technologies, Inc. l Aug 2004 to Dec 2010 Performed a range of manufacturing processes for the production of medicines for clinical studies, including cell banking, microbial fermentation, filtration, and filling of drug products Wrote and reviewed master production batch records, material specifications, lab reports Accurately documented data for compliance of strict federal guidelines Social Engagement Completed Resident Leadership Academy Program, a 10 week course on community involvement and advocacy J Dec 2015 Social Services Advisor J Morgan & Kimball Towers, National City, CA J Coordinated a variety of services for resident senior citizens, including assistance in the completion of legal documents, counseling services, and ublic health outreasJa_J__ep_20.03_ioAug.21:104...... . • AmeriCorps Member J Served as a Case Manager with Health Access Project in Salt Lake City, UT J Worked to secure health services for the underinsured community J Aug 2002 to Jun 2003 Science Camp Instructor J Outdoor Science School / Orange County Dept. of Ed. J Taught biology, geology, and astronomy standards to 5th & 6th graders in a camp setting J Sep 2001 to Jun 2002 Education UC Berkeley I B.A. Molecular Biology, emphasis on Cellular and Developmental Biology J 2001 CITY OF NATIOIM1 . CITY APPI_i1CATIO FOR APP INTJlnENT TO CITY BOARDS, CO MISSIONS, AND COMMITTEES Civil Service Commission Planning Commission -a( Community & Police Relations Commission* (CPRC) -Public Art Committee* Library Board of Trustees Traffic Safety Committee t< Parks, Recreation & Senior Citizens Advisory .Board- Note: Applicants must b residents of the City of National City except for those marked by an Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name f,JCI 9612.4.s. _e Home Address: Fa ca r i ,a-rr e , Tel. No. -1(.a - 6 o—we, I.?) Business Affiliation: Title: Business Address: Tel. No.: �JJ Length of Residence in National City: 4J7...41,4. San Diego County: 13' i California: 23 qr Educational Background: 11, • 1. \--\v,-reop4 etbm 'O5ti ?. {q_ cow 60 Cr- r Cc 4 2•011 Occupational Experience: p. i f-r 015A0 _ 1 r - i4,1 re Professsional or Technical Organization Memberships: t› Civic or Community Experience, Membership, or Previous Public Service Appointments: Experience or Special Knowledge Pertaining to Area of Interest ¶ 4 4' Yr-6. '45¢44..e0•ti..1akoo Ica E,., eci..rck AtiLels im a Have you ever Coen convicted of a felony crime? No Yes: misdemeanor crime? No:,,` Yes: }I if any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying Please feel free to provide an explanation or information regarding yes answers to the above two questions. Date: 2--/O/Le Signature: c? Please feel free to provide additioation or letters of enArseiiilentc,.1 'Please return completed form to: • b • Office of the City Clerkco 1243 National City Blvd, National City, CA 91950 Thank you for your interest in serving the City of National amity. * Residency requirements may not apply . This documents is filed as a public document. Revised' December 2015 Supplemental Application National City Community and Police Relations Commission The National City Community and Police Relations Commission serves as an independent, unbiased and impartial office that is readily available to the public. It is an organization for the improvement of police and community relations and the facilitation of disputes whenever possible. it provides a forum for citizens to voice their concems, comment about police conduct, practices and policies and improves communication between citizens and the National City Police Department The National City Community and Police Relations Commission is empowered to receive and review complaints regarding National City Police Department Personnel for alleged misconduct, and to recommend appropriate changes of Police Department policies and proceduresloward the goals of safeguarding the rights of persons and promoting higher standards of competency, efficiency and justice in the provision of community policing services. Applicants must be completely forthright and truthful during the application process. be disqualified in the background process as a result of dishonesty and/or purposely omitting Applicants may information regarding one's criminal history. Given the complexity of this Commission and its duties, it is necessary to pass a criminal background check prior to appointment by City Council and/or swearing in as Commissioner. Upon conditional appointment the Human Resources department will contact you to schedule the criminal background process when, and if appropriate. It is important to note that you fill out this application completely and honestly to the best of your abilities. Failure to disclose your criminal history may result in disqualification. if a conviction has been expunged disclosure is not required. Have you ever been convicted of a felony crime: No: Yes: Have you been convicted of a misdemeanor: No; Yes: If any convictions were expunged disclosure is not required. Please feel free to provide an explanation or information regarding yes answers to the above two questions. There may be circumstances that could disqualify an applicant from the background process beyond the listed crimes below. Each incident is evaluated in terms of the circumstances and facts surrounding its occurrence and its degree of relevance to the position. Disqualifying criteria for Community and Police Relations Commissioner: " See attached table oo AJ 2'4//1 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Civil Service Commission tip' Planning Cor riis;n _ Community & Police Relations Commission* (CPRC) PublicArt mire' Library Board of Trustees Traffic Safetyorittett) _ Parks, Recreation & Senior Citizens Advisory Board =r rn Applicants must be residents of the City of National City except for theeiS3 marked53yaan * Applicants for the Community and Police Relations Commission must s ate' rlid' background check prior to appointment. cn C N--2"PC/-- O LA 1 e-i`j- =� t� Home Address: 5 1b % • • s Tel. No.: ) i) 1- 5.`616 LI Business Affiliation: Gu 1 --°1rt -�--.cI � 'lifts: tom? Business Address: 3�3 -ra Pk- e v1&t UAs i Name: Tel No.:(bl (tC` t�7G Length of Residence in National City: sp/t., San Diego County: 3 li‘rfiN Califomia: 3 L) +-1 i^ f Educational Background: VO C V e' c otrli2 Wf )- v-. Occupational Experience: (* o-e ai 5 ► r1-7 v- -euv y_. ci „s Professional or Technical Organization Memberships: CluttuU, 'C I iiv 'cvC V)i\..4.91A 5,g ca'1, Civic or Commuunity Experience, Membership, • or Previous Public Service Appointments: ekortwillon . Experience or Special Knowledge Pertaining to Area of Interest: l'Yt I r. 441 Whld'"C.Cra j h / j4 41 ") Have you ever been convicted of a felony crime? No:, C Yes: misdemeanor crime? No: Yes: if any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or inforrnation regarding yes answers to the above two questions. Date: Signature: Please feel free to provideadditional information or letters of endorsement. Please return completed form to: Office of the City Clerk 1243 National City Blvd, National City, CA 91950 Thank you for your interest in serving the City of National City. * Residency requirements may not apply This documents is filed as a public document Revised: March 2012 CC/CDC-HA Agenda 3/1/2016 — Page 24 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 # 3-1-16 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 3/1/2016 — Page 26 The following page(s) contain the backup material for Agenda Item: Approval of the Minutes of the Regular Meetings of the City Council and Community Development Commission - Housing Authority of the City of National City of December 15, 2015 and February 2, 2016. (City Clerk) Item # 03/01/16 APPROVAL OF THE MINUTES OF THE REGULAR MEETINGS OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF DECEMBER 15, 2015 AND FEBRUARY 2, 2016. (City Clerk) DRAFT DRAFT DRAFT Book 971 Page JO( 12-15-2015 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF MAIIONAL CITY December 15, 2015 The Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of Nt rnal City was called to order at 6:11 p.m. by Mayor / Chairman Ron Morrison.:` ROLL CALL Council / Board members present: Cahn, Mendivil, Morrison, Rios, Sotelo-Solis. Administrative Officials present: Dalla, Deese, Denham, Duong, Manganiello, Parra, Raulston, Rodriguez, Silva, Stevenson, Williams, Ybarra. Others present: Student Representative Reah 'Sahagun. PLEDGE OF ALLEGIANCE TO,,THMAG BY MAYOR RON MORRISON PUBLIC COMMENTS Sunshine Horton, El Cajon, encouraged everyone to guide their children in the right way, come together, think and be positive and enjoy the New Year. Danielle CGarcia, Danny Franco and Moises. Chavez from Olivewood Elementary SchoQI extended•,an invitation to their 6th Grade Camp fundraising Dinner on Dember- 16th. Marioos Ug ale invited the Mayor and City Council to be guests at the Freedom and Human Trafficking Angels Award Breakfast which wiil be held in the Library. AWARDS AND -RECOGNITIONS PERSONNELRECOGNITION 1 P-T,En!aTION -nR _'TPA-2-1) 1. Employee of the Quarter 20015 — Ronney Wilson, Firefighter COUNCIL MEETING PRESENTATIONS i AWARDS & RECOGNITIONS 2015 (102-10-10) 2. National City Host Lions Club OneSight San Diego Clinic Volunteer Certification Presentation Book 971 Page XX 12-15-2015 PRESENTATIONS COUNCIL MEETING PRESENTATIONS 1 AWARDS & RECOGNITIONS 2015 (102-10-10) 3. 2015 Regional Walk Scorecard Results. (Kathleen Ferrier, Circulate San Diego) COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2015 (102-10-10) 4. A Reason to Survive (ARTS) — End of Year Update. (Ashleigh Starke) (Copy of Presentation is on file in the Office of the City Clerk) INTERVIEWS / APPOINTMENTS BOARDS & COMMISSIONS ADMIN (101-1-1) 5. Interviews and Appointments: Public Art Committee and San Diego Association of Governments (SANDAL). (City Clerk) Anette Dela Riva appeared for interview. • ACTION: Motion, by Sotelo-Solis, seconded by Mendivil, to affirm current SANDAG appointees for ` three years. Carried by unanimous vote. CITY COUNCIL CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 6 (NCMC), Item No. 7 (Minutes), Item Nos. 8 through 11 (Resolution No. 2015-183 through 2015-186), Item Nos. 12 and 13 (Warrant Registers). Motion by Sotelo-Solis, seconded by Rios, and to approve the Consent Calendar. Carried by unanimous vote. MUNICIPAL CODE 2015(506-2-30) 6. 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 971 Page XX 12-15-2015 CONSENT CALENDAR (cont.) APPROVAL OF MINUTES 7. APPROVAL OF THE MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF MARCH 24, 2015 AND THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPME:N'1 GOIViMISSION — HOUSING AUTHORITY OF THE CITYOF NATIONAL CITY OF DECEMBER 1, 2015. (City Clerk) ACTION: Approved. See above,: EQUIPMENT / VEHICLE PURCHASE AMIN (209-1-1)': 8. Resolution No. 2015-183. RESOLUTION OF THE ;CITY COUNCIL OF THE CITY OF NATIONAL CITY. AUTHORIZING TH'A CEPTANCE OF THE LOWEST, RESPONSIVE,; . RESPONSIBLE BID, FOR THE PURCHASE OF (1) UNMARKED 2015 FORD TAURUS SEL'FWD AND (1) 2016 FORD FUSION •SE, FOR THE POLICE DEPARTMENT FROM KEARNY PEARSON FORD OF SAN DIEGO, IN THE AMOUNT OF $49,477.34. (Finance) ACTION: Adopted. ,See abovp, EQUIPMENT !:VEHICLE PURCHAS AMIN(209.1-1) 9. Resolution No. 2015-184. RESOLUTION OF THE CITY COUNCIL OF THE CITY `OF NATIONAL CITY AUTHORIZING THE ACCEPTANCE OF THE > LOWEST, . RESPONSIVE; -.RESPONSIBLE BID, FOR THE PURCHASE OF. (1) UNMARKED 2016 KIA OPTIMA EX, FOR THE POLICE`OEPARTMENT FROM . TEAM KIA OF EL CAJON, IN THE Fa 6NT cr $ate ,981 7. (Finance) ACTIONAdopted, See above_ LABOR RELATIONS PART TIME I T€MPS 1 SEASONAL 2015-2025 (605-7-3) 10. Resolution No. 2015-185. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN AMENDMENT TO TIE SAI-.ARY SCHEDULE FOR THE PART-TIME AND SEASONAL EMPLOYEE GROUP, MOVING THE CASHIER, DISHWASHER, KITCHEN AIDE AND RECREATION AIDE FROM SALARY RANGE PT039 TO PT042 AND MOVING THE RECREATION LEADER I CLASSIFICATION FROM SALARY RANGE PT042 TO PT045, EFFECTIVE DECEMBER 22, 2015. (Human Resources) ACTION: Adopted. See above. Book 97 ! Page XX 12-15-2015 CONSENT CALENDAR (cont.) COUNCIL POLICY MANUAL (102-13-1) 11. Resolution No. 2015-186. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING CITY COUNCIL POLICY #203, "INVESTMENTS," AS AMENDED, FOR FISCAL YEAR 2016, ADDING SUB -SECTIONS "1.B" AND "14.A" THROUGH "14.E" TO SECTION VIII AND ADDING "SUPRANATIONAL" TO THE GLOSSARY OF INVESTMENT TERMS. (Finance) ACTION: Adopted. See above. WARRANT REGISTER JULY 2015 — JUNE 2016 (202-1-.30) 12. Warrant Register #18 for the period of 10/28/18 through 11/03/15 in the amount of $1,152,020.73. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2015 — JUNE 2016 (202-1-30) 13. Warrant Register #19 for the period of, 11/04/15 through 11/10/15 in the amount of $2,448,448.70.. (F riance) ACTION: Ratified:. See abcve.. PUBLIC HEARINGS CONDITIONAL USE PERMITS 2015 (403-30-1) 14. Public Hearing — Conditional Use Permit for alcohol sales at a proposed Hooters Restaurant to be located in Westfield Plaza Bonita. (Applicant: Alcoholic Beverage Consulting on behalf of Hooters Restaurant) (Case File 2015-19 CUP) {Planning) **Companion Item #15** RECOMMENDATION: Staff recommends approval of the Conditional Use Permit. TESTIMONY: Izamar Hernandez -Hood, Manager of Plaza Bonita, provided information on the hours of operation and security measures in place at Plaza Bonita. Steve Rawlings, representing Hooter's, spoke in support of the CUP and responded to questions. Pastor Harry Bennett, National City, spoke in opposition to the CUP. Pastor Carolyn Nichols, National City, spoke in opposition. ACTION: Motion by Sotelo-Solis, seconded by Cano, to close the Public Hearing. Carried by unanimous vote. EXPARTE CONTACT: All members of the City Council indicated that they had contact with the applicant prior to the Public Hearing. Book97/PageXX 12-15-2015 NON CONSENT RESOLUTIONS CONDITIONAL USE PERMITS 20 15.(403 30-1) 15. Resolution No. 2015-187. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT I -UK ALCOHOL SA.I_.ES A! A, Np-(U!-JUSt) HOOTERS RESTAURANT TO BE LOCATED IN WESTFIELD PLAZA BONITA. (Applicant: Alcoholic Beverage Consulting on behalf of Hooters Restaurant) (Case File 2015-19 CUP) (Planning) **Companion Item #14** RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Rios, to adopt the Resolution with findings • , and conditionsof approval with modification to end time-:of..12:00 a.m. for alcohol. Carried by the following vote, to -wit: Ayes; Cano, Morrison, Rios, Sotelo-Solis. Nays: Mendivil. Abstain: Now, Absent None. CONTRACT (C2011-23) t "• :: 16. Resolution No. 2015-188.' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL 'CITY AUTHORIZING THE MAYOR TO EXECUTE A FIFTH AMENDMENT TO THE AIEMENT WITH SAFDIE RABINES ARCHITECTS TO EXTEND THE TERM OF THE AGREEMENT TO::; APRIL 30, 2016 AND. INCREASE THE NOT -TO - EXCEED AMOUNT OF THE AGREEMENT BY $60,000, FOR A TOTAL AGREEMENT.;. AMOUNT OF $913,630, TO PROVIDE ADDITIONAL ARCHITECTURAL AND CONSTRUCTION SUPPORT SERVICES FOR THE NATIONAL CaTY AQUATIC CENTER, INCLUDING PREPARATION OF AS -BUILT DRAWINGS. (Engineering/Public Works) RECOMMENDATION: Adopt the Resolution. TEST911ONY: No: ty ACTION: Motion by Rios, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. CONTRACT (C2O15-70) 17. Resolution No. 2015-189. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH AMERESCO, INC., TO CONDUCT AN ENERGY AUDIT OF CITY FACILITIES (PHASE I), DEVELOP A PROJECT SCOPE OF ENERGY AND WATER SAVING MEASURES TO FUND CAPITAL COSTS, FORECAST SAVINGS, AND PRESENT A FINANCING SOLUTION. (Engineering/Public Works) (Copy of Presentation is on file in the Office of the City Clerk) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Rios, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. Book 971 Page XX 12-15-2015 Member Mendivil and Sotelo-Solis disclosed that their homes are in close proximity to the alleys being considered for improvement in Agenda Item No. 18. For that reason they would be recusing themselves from the meeting. Member Mendivil left the Council Chamber at 8:34 p.m. Member Sotelo-Solis left the Council Chamber at 8:36 p.m. NEW BUSINESS ENGINEERING DEPT - GRANTS / REPORTS AD;M!N (1104-1-1) 18. Request for City Council direction on scope of work and schedule for Alley Improvement Project. (Engineering/Public Works)\ (Copy of Presentation is on file in the Office of the City Clerk) RECOMMENDATION: Provide direction on scope of work and schedule for Alley Improvement Project. TESTIMONY: William McKnight, National City, spoke ri support of doing his alley behild "F" Avenue William Kemper, National City, supports doing the alley at location #4. ACTION: Motion by Rios, seconded by Morrison, to approve Option #1 which included locations ::Nos.. 1, 2 and 10. Carried by the following vote, to -wit: Ayes: Cano, Morrison, Rios. Nays: None. Abstain: Mendivil, Sotelo-Solis. Absent. None. Members Mendivil and Sotelo-Solis returned to the chamber at 8:59 p.m. FINANCIAL MANAGEMENT 2015-2016 (204-1-31) 19. Investment Report for the quarter ended September 30, 2015. (Finance) RECOMMENDATION: Accept and file the Investment Report for the Quarter ended September 30, 2015. TESTIMONY: None. ACTION: Motion by Rios, seconded by Cano, to approve staff recommendation. Carried by unanimous vote. FINANCIAL MANAGEMENT 2015-2016 (204-1-31) 20. Investment transactions for the month ended October 31, 2015. (Finance) RECOMMENDATION: Accept and file the Investment Transaction Ledger for the month ended October 31, 2015. TESTIMONY: None. ACTION: Motion by Rios, seconded by Cano, to approve staff recommendation. Carried by unanimous vote. Book97/PageXX 12-15-2015 NEW BUSINESS (cont.) BUDGET FY 2015-2016 (206-1-31) 21. Fiscal Year 2015 and 1st Quarter Fiscal Year 2016 Budget Review. (Finance) RECOMME i[iA T ION: Accept the staff report as presented. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Cano, to approve staff recommendation. Carried by unanjMous vote. MIS DEPT ADMIN (1104.1-14) 22. Report providing additional information and sing direction regarding cablecasting of City of National City Council and Planning Commission meetings, and public service messages. (MIS) RECOMMENDATION: Staff recommended that the; City not pursue cablecasting. TESTIMONY: None. ACTION: Motion by Rios, seconded by Cano, to favor Option #3, but return at midi near,: budget time with additional information including use of Peg Fag:. ;:Carriedby the following vote, to -wit: Ayes: Cano, Mendivj"Momsori:, Rios. Nays: Sotelo-Solis. Abstain: None. Absent. None: F.:. MUNICIPAL CODE 2015 (506-2-30) 23. Update on Timing, Public Hearing, and Introductions of Ordinances regarding a pending amendment to Title 18 (Zoning) Chapter 18.30.340 of the National City Municipal Code'Medical marijuana dispensaries) to address cultivation of marijuana ,specifically seeking to adjourn to January other d , tc thereafter for the public and intrcduection of 5. 2016 or c�Y�.., �c�.� thereafter �6 ��,.. �.ww,,.. hearing,. ordinances. (Case File'No. 2015-15 A) (Planning) RECOMMENDATION: Staffrecommends that the City Council adjourn tonight's meeting to the regular meeting of January 5, 2016. 'TESTIMONY: None. ACTION: The consensus was to approve staff recommendation and consider the item at the Regular Meeting on January 5, 2016. There was not vote. Book 971 Page XX 12-15-2015 COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY CONTRACT (C2015-71) HOUSING AUTHORITY 2015 (404-1-4) 24. Resolution No. 2015-33. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY AUTHORIZING THE, EXECUTIVE DIRECTOR TO EXECUTE AN EXCLUSIVE NEGOTIATING AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY AND LA MAESTRA FAMILY CLINIC, INC. A CALIFORNIA NON-PROFIT, PUBLIC BENEFIT CORPORATION, FOR THE DEVELOPMENT OF A 1.47 ACRE PROPERTY LOCATED BETWEEN ETA STREET AND BUCKY LANE ON NORTH HIGHLAND AVENUE IN. NATIONAL CITY. (Housing, Grants, and Asset Management) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Rios, to adopt the Resolution. Carried .by unanimous vote. STAFF REPORTS NEIGHBORHOOD SERVICES DEPT ADMIN (1104-1-15) 25. Upgrade on shopping cart removal, business retrieval and enforcement pilot program. (Neighborhood Services) ACTION: The item was held over to the next meeting. LAS PALMAS PARK ADMIN (7?02-3-1) 26. Update on Las Palmas Pool. (Community Services) Emergency Services Director Frank Parra reported on efforts underway by City crews and volunteers to prepare for the anticipated storm event and provided an update on the availability of sand bags. City Engineer Steve Manganiello announced that the San Diego County Bike Coalition's has recognized and awarded National City its 2015 Public Agency Partner of the Year Award for all the efforts made to make National City a bike friendly community. City Manager Leslie Deese reminded the City Council that during the Christmas furlough the Council Chamber will undergo a much needed facelift. Book 971 Page XX 12-15-2015 MAYOR AND CITY COUNCIL Member Mendivi! said he would like to continue to advocate for cleanliness and would like to see a committee formed to promote clean-up and improve the image of the city. He believes it is important that businesses be on board and be encouraged and helped to improve their property. Member Sotelo-Solis extended Christmas and Holiday greetings to the staff and public. Member Rios said she attended the Resident Leadership Graduation at Sweetwater High School and it was great to see the passion and determination of the graduates to do good for their community aril she also expressed appreciation to the Police Officers Association for their annual Holiday Gift and Food Program which was a huge success. Member Rios reported that the Metropolitan Transit Staff (MTS) has chosen Otis Elementary School to receive 139 bikes which will be presented to students tomorrow as part of their annual Christmas Bike giveaway. t,,• Vice Mayor Cano said the past year has been one of accomplishments. He expressed special thanks to the City Manager and her team for all they do. The quick staff responses bring positive feedback from the public. Vice Mayor Cano said he applauds the staff for all the do.day-to-day and is glad to be working with everyone. Mayor Morrison said there have been many holiday events throughout the City and Atiany more to come. it is great to see the community and families coming out It has been a great Oar and 2016. will be even greater. The Mayor wished tr City staff d the ity Merry. Christmas. the 6ftll l..7 iG191 and 1.11�G l.AJ1 ! 1111L!! 1l6S! Q lb11G! 1 b . 11 I L! 1!ilb. CLOSED.SSION REPORT City Attorney Claudia Silva stated there was nothing to report from the Closed Session. (See .attached Exhibit IL') 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 — Housing Authority of the City of National City to be held Tuesday, January 5, 2016 at 6:00 p.m. at the Council Chambers, National City, California. Carried by unanimous vote. The meeting closed at 10:01 p.m. Book 971 Page XX 12-15-2015 City Clerk The foregoing minutes were approved at the Regular Meeting of March 1, 2016. Mayor EXHIBIT `L' AGENDA OF A SPECIAL MEETING CITY COUNCIL. OF THE CITY OF NATIONAL C1TY AND SUCCESSOR AGENCYTO THE COMMUNITY DEVELOPMENT'COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY Main Conference Room Civic Center 1243 National City Boulevard National City, California Special Meeting — Tuesday, December 15,2015 -- 5:00 p.m. ROLL CALL CLOSED SESSION CITY COUNCIL 1. Conference.with Labe Negoti.rs - Government Code Section 54957.6 Agency Designated Representatives' StaceySievenson, Claudia Silva, Jose Teliez, Mark Roberts, and eddiee Kreisberg. Employee Organization: PC110 Officers' Association 2. Co&ference with Labor Ngaotiat4.—Government Code Section 54957.6 Agency Designated Representatives; Stacey Stevenson, Claudia Silva, Frank Parra, Mark Roberts. and Tirn Davis'; Employee.Qrganization::Fire Fighters' Association 3. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(d)(1) City of National City, Successor Agency v, Morgan Square, Inc. San Diego Superior Court Case No. 37-2013-00054606-CU-OR-CTL 4. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(d)(1) Petition of the City of National City for Review of Action by the California Regional Water Quality Control Board, San Diego Region, in Issuing Order No. R9-2013-0001 (NPDES No. CAS0109266) SWRCBIQCC File No. A-2254(g) 5. Conference with Legal Counsel — Initiation of Litigation Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4) One Potential Case CLOSED SESSION (cont.) SUCCESSOR AGENCY Agenda of a Special Meeting December 15, 2015 Page 2 6. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(d)(1) City of National City, Successor Agency v. Morgan Square, Inc. San Diego Superior Court Case No. 37-2013-00054606-CU-OR-CTL ADJOURNMENT Next Regular City Council Meeting: Tuesday, December 15, 2015, 6:00 p.m., Council Chambers, Civic Center Book 981 Page XX 02-02-2016 DRAFT DRAFT DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY February 2; 2016 The Regular Meeting of the City Council 7: f Community Development Commission - Housing Authority of the City of, ational City was called to order at 6:09 p.m. by Mayor / Chairman Ron Mon:tson ROLL CALL Council / Board members present: Cann ;Mendivil, Morrison, Ries., Sotelo-Solis. Administrative Officials present: Dalla, :Deese, .Duong, Man aiiello, Parra, Raulston, Roberts, Rodriguez,; Silva, Steverson, ergara, Williams; Ybarra. Others present: Student Representative RealifiOyegun. PLEDGE OF ALLEGIANCE TO THE`FLAG BY MAYOR RON MORRISON PUBLIC COMMENTS.'= Sunshine Hortot' ...El Cajon.;; shared an Inspirational rendition of the Pledge of Allegiance. • Bert-.tde;l aionaf Maur and KareniMeivianus and J4son Page o, representing the ivlaytime Band Association, informed #le City Count i- of thei"r.;i tention to revive the Maytirne Band Review event in Natgnal City. E :. Students ElizabWi,Estr: as and Grace Pineda extended an invitation to attend their 6th Grade Camp spaghetti dinner fund raising event at El Toyon School. CONSENT CALENDAR intruded hirriself and extended greetings to the CITY COUNCIL ADOPTION OF CONSENT CALENDAR. Item No. 1 (NCMC), Item No. 2 (Minutes), Item Nos. 3 through 8 (Resolution No. 2016-9 through 2016-14), Item Nos. 9 through 11 (Warrant Registers). Motion by Sotelo-Solis, seconded by Cano, to approve the Consent Calendar, Carried by unanimous vote. Book 98/Page XX 02-02-2016 CONSENT CALENDAR (cont.) 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. APPROVAL OF THE MINUTES 2. APPROVAL OF THE MINUTES OF :THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF APRIL 21, 2015 AND. REGULAR MEETING • OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THECITY .°OF NATIONAL CITY OF JANUARY 19, 2016. (CIty Clerk) ACTION: Approve See above. PARKING & TRAFFIC CONTROL,ADMIN016 (801 2-37) 3. Resolution No- 201.0-9. RESOLUTION OfTHE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHQIZING THE INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE WITH SIGNAGE IN FRONT OF THE RESIDENCE AT 727 •E. 21ST STREET (TSC 2015-23). (Engrosering/P0lic, Works) ACTION Adop ted. Seeabove. PARKING & TRAFF1C;:CONTROL ADMIN 2016 (801-2-37) 4. Resolution No. 2016 10`':. RESOLUTION OF THE CITY COUNCIL OF THECITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF A BLUE CURB ilANDICAP PARKING SPACE WITH SIGNAGE IN FRONT.OF THE RESIDENCE AT 2121 WILSON AVENUE (TSC 2015- 24). (Engneerin : /Public Works) ACTION:.Adopted. See above. PARKING & TRAFFIC CONTROL ADMIN 2016 (801-2-37) 5. Resolution No. 2016-11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE WITH SIGNAGE IN FRONT OF THE RESIDENCE AT 1237 SCOTT DRIVE (TSC 2015-25). (Engineering/Public Works) ACTION: Adopted. See above. Book 981 Page XX 02-02-2016 CONSENT CALENDAR (cont.) PARKING & TRAFFIC CONTROL ADMIN 2016 (801-2-37) 6. Resolution No. 2016-12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION Or 25 FEET OF RED CURB "NOPARKING" NORTH OF AND 20 FEET OF RED CURB "NO PARKING" SOUTH OF THE 335 LAUREL AVENUE APARTMENT COMPLEX DRIVEWAY TO ENHANCE VISIBILITY AND ACCESS ONTO LAUREL AVENUE "-(TSC NO. 2015-22). (Engineering/Public Works) ACTION: Adopted. See above. GRANT / PUBLIC SAFETY (206-4-27) 7. Resolution No. 2016-13. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CO AUTHORIZING THE MAYOR TO EXECUTE THE GRANT ASSURANCES FOR THE' ::FY15 STATE HOMELAND SECURITY GRANT PROGRAM,`AND AUTHORIZING THE ESTABLISHMENT OF'.AN APPROPRIATION AND CORRESPONDING REVENUE BUDGET IN';:;AMOUNT"'.0F.$51,329 FROM THE FY15 STATE HOMELAND "'SECURITY GRANT PROGRAM FOR A REIMBURSABLE GRANT ; URC4ASE OF '`EQUIPMENT FOR THE POLICE ANDfFak.E DEPARTMENTS (Fire) ACTION: A IsS ed. Sep bore; CONTRACT (C204.66) 8. Resolution N:o.-- 016 1' ,' p: ESOLUTION OF THE CITY COUNCIL OF T -dItY •OF TONAL CITY_;AUTHORIZING THE MAYOR TO EXECUTE AN AGR:MENT, WITH ACTION TARGET, INC. FOR THE .;PURCHASE- A'""HOOTING RANGE MOTORIZED TARGETING TE =" INotpol'4u INSTALLATION FOR THE POLICE DEPARTMENTa!Of.Z AN AMOUNT NOT TO EXCEED $103,262.24 AND TO 'WAIVE THE BID PROCESS AS AUTHORIZED BY NATIONAL CITY MUNIC;kAL CODE:! -SECTION 2.60.220(C) — PREVIOUS SUPPLIER OF COMPATIBLE C tifloODITY AND SECTION 2.60.260 — COOPERATIVE PURCHASING _MD AWARD THE CONTRACT TO ACTION TARGET, INC. (Police) ' Y' ACTION: Adopted. See above. WARRANT REGISTER JULY 2015 — JUNE 2016 (202-1-30) 9. Warrant Register #23 for the period of 12/02/15 through 12/08/15 in the amount of $1,691,534.68. (Finance) ACTION: Ratified. See above. Book 98 / Page XX 02-02-2016 CONSENT CALENDAR (cont.) WARRANT REGISTER JULY 2015 — JUNE 2016 (202-1-30) 10. Warrant Register #24 for the period of 12/09/15 through 12/15/15 in the amount of $1,661,993.67. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2015 — JUNE 2016 (202-1-30) 11. Warrant Register #25 for the period of 12/1.6115 through 12/22/15 in the amount of $951,583.88. (Finance) ACTION: Ratified. See above. Item No. 15 was taken up next NEW BUSINESS MUNICIPAL CODE 2016 (50672-31) 15. An Amendment to Title.rilA .(Zoning) Chapter 18.47 of the National City Municipal Code pertainjtg' to;. Signs and' Outdoor Advertising Displays. (Case File 2015-07 A) (1pplicatt:.City initiated) (Planning/City Attorney) `Companion Item #12* RECOMMENDATION: Introduce the ;Ordinance. TESTIMONY ' None. ACTION: Mot on by Rios, :seconded by Sotelo-Solis, to approve stafreacommeh4ation on Flag Size of twenty four square feet for Residentiat.0 ci fgrtv..•sauare'feet for non-residential. Motion failed try the following vote, to -wit: Ayres: Rios, Sotelo-Solis. Nays: Cano, Meradivl, Morion. Motion -:by Mendivil, seconded by Cano, to approve a flag size limitation of twenty:four sauare feet for residential and unlimited size for nob -residential. Motion carried by the following vote, to -wit: :;Ayes: CanoLklendivil, Morrison, Rios. Nays: Sotelo-Solis. Motion by : 1endivil, seconded by Sotelo-Solis, to approve the recommended flag pole size of twentv-four linear feet for residential and fhrt the linear feet for non-residential. Motion carried by the following vote, to -wit: Ayes: Mendivil, Rios, Sotelo-Solis. Nays: Morrison, Cano. Motion by Rios, seconded by Cano, to go .with 18 x 24 inch as the proposed maximum size for both the election and non -election period with a cumulative maximum of 16 square feet during the non -election period and no limit on the number of skins during the election period. Motion failed by the following vote, to -wit: Ayes: Cano, Rios. Nays: Mendivil, Morrison, Sotelo-Solis. Motion by Sotelo-Solis, that the size limit be 4 feet by 4 feet with no limit of signs for election and non -election periods. Motion died for lack of a second. Book 98 / Page XX 02-02-2016 NEW BUSINESS (cont.) MUNICIPAL CODE 2016 (606-2-31) 15. An Amendment to Title 18 (Zoning) Chapter 18.47 of the National City Municipal Code pertaining to Signs and Outdoor Advertising Displays (continued). AC :011: Motion by Morrison, seconded by Cano, that the maximum sign size for the non -election-• period be six square feet with a cumulative maximum of 16 sq arm feet per parcel frontage and during an election period the Ian size be a maximum of 16 square feet with no cumulative Motion by Mendivil, seconded 'i Soiel-Solis, that during non - election periods the permitted sign size maximum be six square feet and during the election'`beriod permitted sigh:size be six square feet with no cumulative limit - • No vote was takernYon .the motion. Mayor Morrison called for ti ; vote on, -his previous` otion, that the maximum sign size for the noSeleOffon period be six"•square feet with a cumulati aximum of 16,,iduare feet per parcel frontage and during an efeatigit period the iign size be a maximum of 16 square feet with no,cumiulative limit. M.Qtion carried by the following vote, to -wit: Ayes: Chino, 'Morrison, Sotelo-Solis. Nays: Mendivil, Motion by Cano, seconded.1y Mendia il',. to reduce from 10 days to severe calendar days the.irnount of tilde allowed to remove sign violations. Moiff n carried by;the following vote, to -wit: Ayes: Cano, leridivi'I, rris n`'Ros. N , Sotelo-Solis. 'Motion bylios, seduced bY4:ano, to direct staff to proceed with the p rposetl i rdinance 1 ct it back to the Planning Commisson with i..,likartges a idr'report bac . Motion carried by unanimous vote. ORDINANCES FOR INTRODUCTION MUNICIPAL :CODE 201 0006-2-31) 12. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDWO TITLE 18 (ZONING) CHAPTER 18.47 OF THE NATIONAL C?T•S MUNICIPAL CODE PERTAINING TO SIGNS AND OUTDOOR ADVERTISING DISPLAYS. (Case File 2015-07 A) (Applicant: City -initiated) (Planning/City Attorney) *Companion Item #15* ACTION: The Ordinance was not introduced. Book 981Page XX 02-02-2016 NON CONSENT RESOLUTIONS CONTRACT (C2016-3) 13. Resolution No. 2016-15. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AWARDING A CONTRACT TO DICK MILLER, INC. IN THE NOT -TO -EXCEED AMOUNT OF $1,894,498.10 FOR THE PLAZA BOULEVARD WIDENING "N" AVENUE TO 1-805, CIP NO. 16-01; 2) AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $284,174.72 FOR ANY UNFORESEEN CHANGES; AND 3) AUTHORIZING THE MAYOR TO EXECUTE -THE CONTRACT; AND 4) AUTHORIZING THE APPROPRIATION OF $534,978.79 IN THE TRANSPORTATION DEVELOPMENT-1MPACT>:FEE FUND BALANCE TO CORRESPONDING EXPENDITURE ACCOUNT FOR PLAZA BOULEVARD WIDENING. (Engineering/Public Works),, RECOMMENDATION: Adopt Resolution. TESTIMONY: None. ACTION: Motion ,by Mendivil,=seconded by Sotelo-Solis, to adopt the Resolution Carried by unanimous "vote. NEW BUSINESS TEMPORARY USEPERMITS 2016'.(203-1-32).: 14. Temporary =Use Permit — 4{Mariaehi Festival & Competition sponsored y, the National City Chamber of Commerce at Pepper Park on March 13, 2016. Applicant is regt ,esting a waiver of Fire Department fees. (Neighborhood eMs) • .RECOMMENDATION:Approve the" ."application for a Temporary Use Permit subject to compliance with, all conditions of approval with no waiver of fees. ;" • TESTIMONY: Jacqueline Reynoso, Chamber of Commerce CEO, requested approval of -the TUP and a waiver of fees. :ACTION: Motion by Rios, seconded by Mendivil, to approve the apbIication ar a Temporary Use Permit with waiver of Fire Deoartment`fees. Carried by unanimous vote. MUNICIPAL CODE 2046 (506-2-31) 15. An Amendment to Title 18 (Zoning) Chapter 18.47 of the National City Municipal Code pertaining to Signs and Outdoor Advertising Displays. (Case File 2015-07 A) (Applicant: City initiated) (Planning/City Attorney) *Companion Item #12* ACTION: Item was taken up earlier in the meeting. See above. Book 981Page XX 02-02-2016 NEW BUSINESS (cont.) COUNCIL WORKSHOP NOTICES i ADMIN (102-6-1) 16. ScheduEing of City Council workshops related to the discussion and preparation of the City of National C.tyes annual budget for Fiscal Year 2017. (Finance) RECOMMENDATION: Accept staffs recommended budget workshop of April 26 and May 24, 2016. TESTIMONY: None. ACTION: Motion by Rios, seconded: by Cano, to .approve staff recommendation. Carried by unan nigus.vote. COUNCIL MEETINGS REGS / SCHEDULE ADMIN (1027.-1) 17. City Council Summer Legislative Recess. (City Manager) RECOMMENDATION: Request Council direction. TESTIMONY: None. ACTION: Motion, by Rios, seconded; by Sotelo-Solis, to approve motion for a July Recess and staff-tp`r'eturn with Policy.` Carried by unanimous vote. COMMUNITY DEVELOPMEN.COMM1SS T`ION — HOU$ING AUT#-IORITY OF TM.I 91T? OF -NATIONAL CITY 0 AGENDA ITEMS STAFF REPORTS • EiiGiiii 1g iNG DEPT RAilt§ 1 REPORTS ADMIN (1104-1-1) 18. Up ate on Capita Projects and Grant Awards (Engineering/Public Works) (Copy°;on file in the:°:Office of the City Clerk) 18a. Executive)•:'Directe Brad Raulston reported on the two Port District Workshop meetings held in National City on the Marina District Balanced Land Use Study: MAYOR AND CITY COUNCIL Member Mendivil spoke about participating in the We All Count event to document the homeless population, encouraged efforts to beautify the City and have businesses do their part. Member Sotelo-Solis said the We All Count effort was very interesting. Book 981 Page XX 02-02-2016 MAYOR AND CITY COUNCIL (cont.) Member Rios said the We All Count event was a learning experience and that she believes that the homeless in National City are different. Member Rios asked that information be brought back on the possibility of establishing a Board or Committee for Veterans. Member Cano highlighted and praised the work,, being done by City staff throughout the community to beautify the City and keep it clean. Mayor Morrison said he believes that the heets. situation in the City has improved but continues to be impacted by people comiingin from the outside. CLOSED SESSION REPORT City Attorney Claudia Silva stated ther# was nothing Session. (See attached Exhibit `L') ADJOURNMENT Motion by Mendivil, seconded by Cano,... to adiou 'n":the meeting to the next Regular Meeting of the City Couneil:and Community Development Commission — Housing Authority of thte ;;City of National City to=be held -Tuesday, February 16, 2016 at 6:00 p, n at the •Council Chamber ; National:City, California. Carried by unanimous vote.'. The meeting closed at' City Clerk The foregoing minutes were approved at the Regular Meeting of March 1, 2016. Mayor EXHIBIT 'L' • ��w 'yam • r art^`^\. ziveORPOBATsn! AGENDA OF A SPECIAL MEETING CITY COUNCIL OF THE CITY OF NATIONAL CITY Main Conference Roont Civic Center 1243 National City,Boplevard National City,:Oarifornia •.yr Special Meeting — Tuesday, February 2, 2016 — 5:00;p m. ROLL CALL CLOSED SESSION CITY-:GOi1CIL 1. Conference with tabor Neg'atiators — Goverment Code Section 54957.6 Agency:, Designated:`:Represetives: Stacey Stevenson, Claudia Silva, Jose Tellez, Mark F b s Eddie IN415§rg: if ployee'CtOrganization`` 'olice Officers`"Associedion ADJOUR MENT • Next Regular Meeting off,the City Council and Community Development Commission Housing A (tior ty of the C; r of National City will be held Tuesday, February 2, 2016, 6:00 p.m., Council"t tubers, c v ' Center CC/CDC-HA Agenda 3/1/2016 — Page 49 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the City Manager to enter into a Memorandum of Understanding with the CSAC Excess Insurance Authority for excess liability coverage. (Human Resources) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 1, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the City Manager to enter into a Memorandum of Understanding with the CSAC Excess Insurance Authority for Excess Liability Coverage. PREPARED BY: Stacey Stevenson DEPARTMENT: Human Resources PHONE: 336-4308 EXPLANATION: See attached staff report APPROVED B FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: `-$ Finance APPROVED: MIS The estimated cost for Fiscal Year 2017 is $239,453. The budget request will be made during the Fiscal Year 2017 budget process. ENVIRONMENTAL REVIEW: This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution authorizing the City Manager to enter into a Memorandum of Understanding with the CSAC Excess Insurance Authority for Excess Liability Coverage. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Staff Report Resolution CALIFORNIA NATIONAL Cli y C ��� a c o fw:�] J INCORPORATED City Council Staff Report March 1, 2016 ITEM Staff Report: Resolution of the City Council of the City of National City authorizing the City Manager to enter into a Memorandum of Understanding with the CSAC Excess Insurance Authority for Excess Liability Coverage. BACKGROUND The City of National City is self -insured for liability claims up to $250,000. Claims above $250,000 are covered by excess insurance. Currently, the excess insurance is purchased through a local risk pool, the San Diego Pooled Insurance Program (SANDPIPA) Joint Powers Authority (JPA). On May 5, 2015, the City Council of the City of National City voted to consent to the termination of SANDPIPA effective July 1, 2016. Having received the unanimous consent of all twelve member cities, SANDPIPA began the process of winding down and dissolving on July 1, 2015. One of the first steps in the wind down process was to move SANDPIPA and its twelve (12) member cities under the umbrella of CSAC Excess Insurance Authority (CSAC EIA) for a period of one year ending June 30, 2016. As agreed to by the SANDPIPA Board and CSAC EIA, after the one year period, the twelve (12) SANDPIPA cities would become independent of one another with the ability to either stay with CSAC EIA or make other coverage decisions. At the City Council meeting of May 5, 2015, staff committed to performing an analysis of the City of National City's options and bringing back a recommendation to the City Council in advance of June 30, 2016. DISCUSSION To conduct the analysis, staff sought the services of our insurance broker, Alliant Insurance Services, Inc. (Alliant). The process began with Alliant administering a staff completed survey instrument and conducting an interview with staff for the purpose of determining what is important to the City in selecting a pool. Discussion points included: • What is the most important component of a Risk Pool? Page 2 Staff Report — Resolution of the City Council of the City of National City authorizing the City Manager to enter into a Memorandum of Understanding with the CSAC Excess Insurance Authority for Excess Liability Coverage. March 1, 2016 • How important is Cost? Control of Claims? • What is the City's desired approach to Risk Control? • Does the City like the current Retention and Liability Limit options? After having completed this step, Alliant recommended three (3) out of five (5) available risk pools for consideration: CSAC EIA, California Insurance Pool Authority (CIPA) and Public Entity Risk Management Authority (PERMA). Letters were sent under staff's signature asking both CIPA and PERMA to participate in an initial review. The letters disclosed the other pools under review and the factors under consideration. CIPA declined to actively participate in this process. As such, the data collected for CIPA was culled from public documents. Having reviewed the analysis performed by Alliant, staff finds CSAC EIA to be the preferred pool option. CSAC EIA is a risk sharing pool of California public agencies, dedicated to controlling losses and providing effective risk management solutions. Member agencies include 54 counties and 250 cities, school districts, special districts and other joint powers authorities, collectively referred to as public entities. Key factors influencing the decision include: • Programs — CSAC EIA offers a wide variety of programs including bond/crime liability, cyber liability, employee medical plans, special events coverage, Workers' Compensation, etc. with the flexibility to select the programs that are needed by our agency. Other pools require mandatory participation in all programs by all members. • Claims Administration — CSAC EIA allows the member agency to select its claims administrator (in-house administration or a third party). Some other pool models handle all claims for you from the first dollar or otherwise control the claims administration process thus limiting or completely taking away the ability of the agency to control the outcome of claims. [NOTE: CSAC EIA does offer a primary (first dollar) pool option.] • City Attorney Involvement — CSAC EIA is one of two pools that allows a City Attorney to participate in managing claims above the member agency's self -insured retention level (SIR). They are the only pool that allows an in-house City Attorney to bill for reimbursement of his/her costs associated with work done related to claims above the SIR. • Liability Limits — CSAC EIA is the only pool that allows individual member agencies to set their own liability limits. • Cost — as demonstrated above, cost is not the only factor. However, it is a significant factor. The estimated cost for CSAC EIA at the City's current SIR and liability limit ($250,000 and $50,000, respectively) is 19.77% and 88.67% less than that of the other two pools analyzed. Page 3 Staff Report — Resolution of the City Council of the City of National City authorizing the City Manager to enter into a Memorandum of Understanding with the CSAC Excess Insurance Authority for Excess Liability Coverage. March 1, 2016 RECOMMENDATION Based on a review of the analysis conducted by Alliant as summarized above, staff recommends that the City Council authorize the City Manager to enter into a Memorandum of Understanding (MOU) with CSAC EIA for excess liability coverage. FISCAL IMPACT The estimated cost for Fiscal Year 2017 is $239,453. Should the City Council authorize the City Manager to enter into the recommended MOU, funds for the excess liability coverage will be requested as part of the Fiscal Year 2017 budget process, consistent with past years. RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE CSAC EXCESS INSURANCE AUTHORITY FOR EXCESS LIABILITY COVERAGE WHEREAS, the City of National City is self -insured for liability claims up to $250,000 that is purchased through a local risk pool, the San Diego Pooled Insurance Program ("SANDPIPA") Joint Powers Authority ("JPA"); and WHEREAS, on May 5, 2015, the City Council of the City of National City voted to consent to the termination of SANDPIPA effective July 1, 2016, and with unanimous consent of all twelve member cities, SANDPIPA began the process of winding down and dissolving on July 1,2015;and WHEREAS, to begin the wind down process, SANDPIPA and its twelve (12) member cities moved under the umbrella of CSAC Excess Insurance Authority ("CSAC EIA") for a period of one year ending June 30, 2016, after which the twelve (12) SANDPIPA cities would become independent of one another with the ability to either stay with CSAC EIA or make other coverage decisions; and WHEREAS, the City's insurance broker, Alliant Insurance Services, Inc., ("Alliant") performed an analysis of the City's options for excess liability insurance pool; and WHEREAS, after reviewing the analysis performed by Alliant, staff finds CSAC Excess Insurance Authority ("EIA") to be the preferred insurance pool option; and WHEREAS, CSAC EIA is a risk sharing pool of California public agencies, dedicated to controlling losses and providing effective risk management solutions. Member agencies include 54 counties and 250 cities, school districts, special districts and other joint powers authorities, collectively referred to as public entities. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves entering into a Memorandum of Understanding with CSAC Excess Insurance Authority for excess liability coverage, and authorizes the City Manager to execute the same on behalf of the City. PASSED and ADOPTED this 1st day of March, 2016. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CC/CDC-HA Agenda 3/1/2016 — Page 55 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City Approving the Memorandum of Understanding (MOU) between the City and the National City Police Officers Association. (Human Resources) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 1, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City Approving the Memorandum of Understanding (MOU) between the City and the National City Police Officers' Association PREPARED BY: Stacey Stevenson PHONE: 336-4308 DEPARTMENT: Human Resources APPROVED BY: EXPLANATION: The labor agreement between the City of National City and the National City Police Officers' Association (NCPOA) expired December 31, 2015. City representatives began meeting and conferring in good faith with NCPOA representatives in November, 2015 for the purpose of negotiating a successor agreement. On February 9, 2016 the NCPOA membership voted to ratify the terms of a three (3) year agreement, retroactive to January 1, 2016 as set forth by the negotiating teams. A complete summary of the terms of the agreement is attached. NOTE: the attachments used are for the purpose of providing a reader friendly version. The signed original of the Tentative Agreement is on file in the Office of the City Clerk. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: �a X411,4 _ Finance APPROVED: Approximate financial impact by Fiscal Year: FY 16 (6 mos) - $452,000; FY 17 - $1,217,000; FY 18 - $1,618,000; FY 19 (6 mos) - $1,197,000. ENVIRONMENTAL REVIEW: This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: Adopt the resolution, approving the terms of the three (3) year agreement reached between the City of National City negotiating team and the City of National City Police Officers' Association. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Resolution Terms of Agreement — "Strike Out Version" Terms of Agreement — "Clean Version" CITY OF NATIONAL CITY / NATIONAL CITY POA 2015 MOU NEGOTIATIONS Package Tentative Agreement TERM 3 years SALARIES (SECTION 21) Section 1 Salary Adjustments and Schedules Salary adjustments will be made according to the attached Salary Schedule. The City shall provide on a timely basis each year a copy of the official salary schedule developed by the Finance Department. Section 2 Recruitment/Retention Stipends The City will pay a 1-time $2,000 retention stipend to sworn personnel employed in a sworn position on the date Council approves this MOU and who are still employed in a sworn position the entire first full pay period in December 2018, in the paycheck for the first full pay period in December 2018. Employees hired after Council approval of this MOU but prior to December 1, 2017, and still employed in a sworn position the entire first full pay period in December 2018 shall receive a 1-time $1,000 recruitment/retention stipend in the paycheck for the first full pay period in December 2018. An employee receiving a 1-time stipend under this provision may choose to contribute part of all of the stipend into the employee's Section 457 deferred compensation account. The recruitment and recruitment/retention incentives described in this paragraph shall not be reported as PERSable compensation to PERS. Eligible employees shall receive one time incentive payments equal to the fross amount $1,250 in cach of two ycars effective thc first full pay period in July, 2014 and July, 2015. a. Eligible employees must have at least onc full consecutive year of service in a POA classification in ordcr to be eligible. b Employees with less than onc year of service on thc effective date of this provision shall receive this retention incentive in thc pay period after reaching thcir onc year anniversary. The City shall have no obligation to pay a rctcntion incentive to any employee who does not reach his/her one year anniversary with the City. 1 c. The employee may choose to contribute part or all of the retention incentive into their 157 deferred compensation plan account or convert (all or part of) their d. The retention incentive shall not be rcportcd as compensation to PERS. Section 3 Salary Increases increases as follows: A. Police Officer, Sergeant, Lieutenant Effective retroactive to January 1, 2016the first full pay period in August 2011, and then again in the first full pay period of January 2017, January 2018 and July 2018, the City will adjust the salary for all sworn personnel other than Police Corporalcmployeea represented by POA by the percent necessary (if any) to move the salary of a top step National City Police Officer to the mid -point of the salary of a top step police officer or deputy sheriff (excluding longevity) in the 2nd3rd and 3rd4t13 ranked comparison agencies (including National City among the comparison agencies) in effect, and already approved by the applicable City Council or Board, at the comparison agencies as of the beginning of the first full pay period in January. If a National City Police Officer is ranked thirdfourth, employees shall receive the percent necessary to move the top step salary of a National City Police Officer to the mid -point between the salary and the top step salary (excluding longevity) of the secondthlyd ranked agency. If a National City Police Officer already is ranked 2nd3rd or higher, employees shall not receive a salary decrease under this paragraph. For purposes of this subsection, adjustments will be made upon current salaries, comparing top step to top step excluding longevity, in place at the time of the pay period adjustment among the comparison agencies. Subsequent retroactive adjustments are not to be considered nor are salary increases not yet ratified or approved. The agreed upon comparison agencies are (1) Oceanside, (2) Escondido (using their "Step 6" police officer pay), (3) Chula Vista, (4) Carlsbad, (5) City of San Diego, (6) National City, (7) El Cajon, (8) Coronado, (9) San Diego County Sheriff's Department, and (10) La Mesa. 2 B. Police Corporals The salary for Police Corporals shall be a flat amount approximately five percent (5%) higher than "E" step for Police Officer. Effective the first full pay period in July 2016, after 2 years of continuous service as a Police Corporal, the salary shall increase to a flat amount approximately six -and -a -half percent (6.5%) higher than "E" step for Police Officer. Effective the first full pay period in July 2018, after 5 years of continuous service as a Police Corporal, a Police Corporal shall be paid a salary approximately nine percent (9.0%) higher than "E" step for Police Officer. C. Animal Regulation Officer / Lead Dispatcher The City will pay a 1-time $750 stipend to the Animal Regulation Officer and Lead Dispatcher if employed in the same classification the date Council approves this MOU and the entire first full pay period in December 2018, in the paycheck for the first full pay period in December 2018. In addition, prior to March 31, 2016, the City shall prepare a total compensation survey for the job families that include Animal Regulation Officer and Lead Dispatcher and provide a copy to the POA. The parties shall then have a re -opener limited only to the salaries of the classifications of Animal Regulation Officer and Lead Dispatcher. Bilingual Pay (Article 10, Section 4): "Those employees who, upon recommendation of the Chief of Police and approval of the Administrative ServicesPersonnel Director, and successful completion of a Bilingual performance Evaluation administered by the Human ResourcesPersonnel Department, who are regularly required to use their bilingual skills in Spanish, Tagalog or any second language approved by the Chief of Police and the Administrative ServicesPersonnel Director, shall receive a pay differential, effective retroactive to January 1, 2016, as follows: 32% of monthly base salary for Sergeants and Lieutenants and 43% of monthly base salary for Officers and Senior Officers." Shift Differential (Article 10, Section 8): "Effective retroactive to January 1, 2016thc first full pay period following Council approval of this MOU, Officers (except Officers in a training status), Corporals, Sergeants and Lieutenants assigned to work Swing Shift shall receive a shift differential in the amount of 2_04% of their base salary. Effective the first full pay period following Council approval of this MOU, Officers (except Officers in a training status), Corporals, Sergeants and Lieutenants assigned to work Graveyard shall receive a shift differential in the amount of 4_02% of their base salary. Effective retroactive to January 1, 2016, if the majority of the regularly scheduled shift for a Lead Dispatcher or Animal Regulation 3 Officer is after 10:00 p.m. and before 6 a.m. the next day, the employee shall receive $40 night differential per pay period." Tuition Reimbursement (Article 13): Cap the amount of the budgeted allocation for tuition reimbursement at $30,000 and increase the amount an individual member may use per fiscal year from $2,000 to $2,500. Education Incentive Pay (Article 13): Effective retroactive to January 1, 2016, increase Intermediate POST from 1.5% to 2.0% and increase Advanced POST from 3.0% to 6.0%. Effective January 1, 2017, increase Advanced POST to 7.0%. Uniform Allowance (Article 20): Effective the first full pay period following Council approval of a successor MOU, the City shall provide an additional $150 in uniform allowance to full time employees in the classifications of Police Lieutenant, Police Officer, Police Recruit, Police Sergeant, Corporal, and Animal Control Officer to be applied toward the purchase and maintenance of prescribed uniforms so that the total amount of the uniform allowance for the 2015-16 fiscal year will be $900 rather than $750. In August of 2016 and each year thereafter, the City shall provide $900750 per year to full-time employees in the classification of Police Lieutenant, Police Officer, Police Recruit, Police Sergeant, Corporal, and Animal Control Officer to be applied towards the purchase and maintenance of prescribed uniforms. In addition to the above the City shall provide each new employee appointed to a position listed above $4350 toward the initial purchase of prescribed uniforms. The City shall provide each sworn employee a flat badge. New Article — Resident Pay: Effective the first full pay period following Council approval of a new MOU, the City agrees to pay sworn employees that are residents of National City $200/month. Cafeteria Plan (Article 15): Update as follows: Section 1 Health Coverage As a benefit to full-time employee covered by this Memorandum of Understanding, the City will provide a group health and dental 4 insurance program. the benefits and limitations of the program are to be designed cooperatively by the Association, the insurance carrier and the City. the Association and the City agree to select and implement health insurance programs that meet the requirements of applicable law. The City will provide a cafeteria benefit to all employees for use of paying insurance premiums for health, dental and other insurance plans. As of December 2015, the City will contribute as follows according to thc following: Employee only Employee + 1 Employee + family $157.56191.81 per month $736.80805.49 per month $1,029.811,126.90 per month Effective February 1, 20162, and in each following health plan year, the City's new contribution obligation for employee only, employee +1 and employee + family shall be the monthly amounts from the prior health plan year plus 50% of any increase in the lowest cost health and dental plans. Beginning in January 2017, the City and Association agree to meet to discuss health insurance coverage, benefits and cost issues, including but not limited to potential impacts and compliance issues related to the Affordable Care Act. While both sides agree to participate in the these discussions in good faith, this shall not be a true re -opener such that impasse and imposition procedures that might apply to a re -opener shall not apply. Section 3 Retiree Health Benefit Employees who retired from the City of National City after Dcccmbcr 5, 2011, and before thc date Council approved this MOU, and who have at least 20 full ycars of service with National City Police Department shall receive $10/month for each year of Gcrvicc with National City Police Department as thc City's contribution towards the retiree's medical insurance prcmium. On or after thc date Council approved this MOU, cEmployees covered by this MOU must retire from the City of National City and have at least 20 full years of pensionable service credit with National City Police Department to receive $20/month for each 5 year of service with National City Police Department as the City's contribution towards the retiree's medical insurance premium. Section 1 Thc City and Association agree to work cooperatively with the City's health care brokcr to develop a Health Savings Account (HAS) option for employees. Thc parties shall make a good faith effort to include an HAS option for employees in the 2010 benefit ye-a-r, Section 5 Reopener: The parties agree to reopen negotiations during the term of the MOU to diccuo., physical fitness programs for all .standards. Thc parties understand that any changes to the MOU on this subject will be donc by mutual agreement. Implementation (Article 1) (Clean-up): Delete this Article. The Compensation Plan (Article 9, Section 1, Paragraph 2): Amend as follows, "The increase from one step to the next step on each salary range is as indicated in the salary schedule for Police Department employees as sct out in Article 21." Also modify the last sentence in Article 9 to state, "The provisions of this Article are based upon the salary schedule adopted by the City Council sct forth in Article 21. Pay Differential (Article 10) (Clean-up): Section 1: Delete Section 1 which states, "Effective the first full pay period following Council approval of this MOU, Police Liaison pay differential of $123 per 6 month is eliminated." Section 4: Replace "Personnel Director" with "Administrative Services Director" Section 6: Delete "beginning with the first full pay period in January 2007" Section 7: Delete "Effective the first full pay period following Council approval of this MOU" in each paragraph Overtime (Article 11, Section 4) (Clean-up): Amend the reference to "83 hours" to "86 hours" as the number of hours that needs to be worked in a 14 day work FLSA period before an officer is entitled to FLSA overtime. (Note: This will not impact overtime the City must pay under the MOU agreement.) 6 PERS (Article 17) (Clean-up): Update to reflect PEPRA new member formula and contribution amount (50% of normal cost) Incorporate Side Letter re Sick Leave (July, 2015) (Clean-up) City Administrative Policy 03.03 (Non-MOU): The parties met and conferred and agreed to add the following language to Section F.: Should the P.O.S.T. reimbursement be insufficient to cover the actual cost of meals and/or lodging, the city will pay the cost of the difference provided all other travel and meeting expense guidelines outlined in this Policy are followed. Edward L. Kreisberg Bradley M. Fields Lead Negotiator for National City Lead Negotiator for National City POA Dated: Dated: 7 CITY OF NATIONAL CITY / NATIONAL CITY POA 2015 MOU NEGOTIATIONS Package Tentative Agreement TERM 3 years SALARIES (SECTION 21) Section 1 Salary Adjustments and Schedules The City shall provide on a timely basis each year a copy of the official salary schedule developed by the Finance Department. Section 2 Recruitment/Retention Stipend The City will pay a 1-time $2,000 retention stipend to sworn personnel employed in a sworn position on the date Council approves this MOU and who are still employed in a sworn position the entire first full pay period in December 2018, in the paycheck for the first full pay period in December 2018. Employees hired after Council approval of this MOU but prior to December 1, 2017, and still employed in a sworn position the entire first full pay period in December 2018 shall receive a 1-time $1,000 recruitment/retention stipend in the paycheck for the first full pay period in December 2018. An employee receiving a 1-time stipend under this provision may choose to contribute part of all of the stipend into the employee's Section 457 deferred compensation account. The recruitment and recruitment/retention incentives described in this paragraph shall not be reported as PERSab1e compensation to PERS. Section 3 Salary Increases A. Police Officer, Sergeant, Lieutenant Effective retroactive to January 1, 2016, and then again in the first full pay period of January 2017, January 2018 and July 2018, the City will adjust the salary for all sworn personnel other than Police Corporal by the percent necessary (if any) to move the salary of a top step National City Police Officer to the mid -point of the salary of a top step police officer or deputy sheriff (excluding longevity) in the 2nd and 3rd ranked comparison agencies (including National City among the comparison agencies) in effect, and already approved by the applicable City Council or Board, at the comparison agencies as of the beginning of the first full pay period 1 in January. If a National City Police Officer is ranked third, employees shall receive the percent necessary to move the top step salary of a National City Police Officer to the mid -point between the salary and the top step salary (excluding longevity) of the second ranked agency. If a National City Police Officer already is ranked 2nd or higher, employees shall not receive a salary decrease under this paragraph. For purposes of this subsection, adjustments will be made upon current salaries, comparing top step to top step excluding longevity, in place at the time of the pay period adjustment among the comparison agencies. Subsequent retroactive adjustments are not to be considered nor are salary increases not yet ratified or approved. The agreed upon comparison agencies are (1) Oceanside, (2) Escondido (using their "Step 6" police officer pay), (3) Chula Vista, (4) Carlsbad, (5) City of San Diego, (6) National City, (7) El Cajon, (8) Coronado, (9) San Diego County Sheriffs Department, and (10) La Mesa. B. Police Corporals The salary for Police Corporals shall be a flat amount approximately five percent (5%) higher than "E" step for Police Officer. Effective the first full pay period in July 2016, after 2 years of continuous service as a Police Corporal, the salary shall increase to a flat amount approximately six -and -a -half percent (6.5%) higher than "E" step for Police Officer. Effective the first full pay period in July 2018, after 5 years of continuous service as a Police Corporal, a Police Corporal shall be paid a salary approximately nine percent (9.0%) higher than "E" step for Police Officer. C. Animal Regulation Officer / Lead Dispatcher The City will pay a 1-time $750 stipend to the Animal Regulation Officer and Lead Dispatcher if employed in the same classification the date Council approves this MOU and the entire first full pay period in December 2018, in the paycheck for the first full pay period in December 2018. In addition, prior to March 31, 2016, the City shall prepare a total compensation survey for the job families that include Animal 2 Regulation Officer and Lead Dispatcher and provide a copy to the POA. The parties shall then have a re -opener limited only to the salaries of the classifications of Animal Regulation Officer and Lead Dispatcher. Bilingual Pay (Article 10, Section 4): "Those employees who, upon recommendation of the Chief of Police and approval of the Administrative Services Director, and successful completion of a Bilingual performance Evaluation administered by the Human Resources Department, who are regularly required to use their bilingual skills in Spanish, Tagalog or any second language approved by the Chief of Police and the Administrative Services Director, shall receive a pay differential, effective retroactive to January 1, 2016, as follows: 3% of monthly base salary for Sergeants and Lieutenants and 4% of monthly base salary for Officers and Senior Officers." Shift Differential (Article 10, Section 8): "Effective retroactive to January 1, 2016, Officers (except Officers in a training status), Corporals, Sergeants and Lieutenants assigned to work Swing Shift shall receive a shift differential in the amount of 2.0% of their base salary. Effective the first full pay period following Council approval of this MOU, Officers (except Officers in a training status), Corporals, Sergeants and Lieutenants assigned to work Graveyard shall receive a shift differential in the amount of 4.0% of their base salary. Effective retroactive to January 1, 2016, if the majority of the regularly scheduled shift for a Lead Dispatcher or Animal Regulation Officer is after 10:00 p.m. and before 6 a.m. the next day, the employee shall receive $40 night differential per pay period." Tuition Reimbursement (Article 13): Cap the amount of the budgeted allocation for tuition reimbursement at $30,000 and increase the amount an individual member may use per fiscal year from $2,000 to $2,500. Education Incentive Pay (Article 13): Effective retroactive to January 1, 2016, increase Intermediate POST from 1.5% to 2.0% and increase Advanced POST from 3.0% to 6.0%. Effective January 1, 2017, increase Advanced POST to 7.0%. Uniform Allowance (Article 20): Effective the first full pay period following Council approval of a successor MOU, the City shall provide an additional $150 in uniform allowance to full time employees in the classifications of Police Lieutenant, Police Officer, Police Recruit, Police Sergeant, Corporal, and Animal Control Officer to be applied toward the purchase and maintenance of prescribed uniforms so that the total amount of the uniform allowance for the 2015-16 fiscal year will be $900 rather than $750. In August of 2016 and each year thereafter, the City shall provide $900 per year to full-time employees in the classification of Police Lieutenant, Police Officer, Police Recruit, Police Sergeant, 3 Corporal, and Animal Control Officer to be applied towards the purchase and maintenance of prescribed uniforms. In addition to the above the City shall provide each new employee appointed to a position listed above $450 toward the initial purchase of prescribed uniforms. The City shall provide each sworn employee a flat badge. New Article — Resident Pay: Effective the first full pay period following Council approval of a new MOU, the City agrees to pay sworn employees that are residents of National City $200/month. Cafeteria Plan (Article 15): Update as follows: Section 1 Health Coverage As a benefit to full-time employee covered by this Memorandum of Understanding, the City will provide a group health and dental insurance program. the benefits and limitations of the program are to be designed cooperatively by the Association, the insurance carrier and the City. the Association and the City agree to select and implement health insurance programs that meet the requirements of applicable law. The City will provide a cafeteria benefit to all employees for use of paying insurance premiums for health, dental and other insurance plans. As of December 2015, the City will contribute as follows: Employee only Employee + 1 Employee + family $491.81 per month $805.49 per month $1,126.90 per month Effective February 1, 2016, and in each following health plan year, the City's new contribution obligation for employee only, employee +1 and employee + family shall be the monthly amounts from the prior health plan year plus 50% of any increase in the lowest cost health and dental plans. Beginning in January 2017, the City and Association agree to meet to discuss health insurance coverage, benefits and cost issues, including but not limited to potential impacts and compliance issues related to the Affordable Care Act. While both sides agree to participate in the these discussions in good faith, this shall not 4 be a true re -opener such that impasse and imposition procedures that might apply to a re -opener shall not apply. Section 3 Retiree Health Benefit Employees covered by this MOU must retire from the City of National City and have at least 20 full years of pensionable service credit with National City Police Department to receive $20/month for each year of service with National City Police Department as the City's contribution towards the retiree's medical insurance premium. Implementation (Article 1) (Clean-up): Delete this Article. The Compensation Plan (Article 9, Section 1, Paragraph 2): Amend as follows, "The increase from one step to the next step on each salary range is as indicated in the salary schedule for Police Department employees." Also modify the last sentence in Article 9 to state, "The provisions of this Article are based upon the salary schedule adopted by the City Council. Pay Differential (Article 10) (Clean-up): Section 1: Delete Section 1 which states, "Effective the first full pay period following Council approval of this MOU, Police Liaison pay differential of $123 per 6 month is eliminated." Section 4: Replace "Personnel Director" with "Administrative Services Director" Section 6: Delete "beginning with the first full pay period in January 2007" Section 7: Delete "Effective the first full pay period following Council approval of this MOU" in each paragraph Overtime (Article 11, Section 4) (Clean-up): Amend the reference to "83 hours" to "86 hours" as the number of hours that needs to be worked in a 14 day work FLSA period before an officer is entitled to FLSA overtime. (Note: This will not impact overtime the City must pay under the MOU agreement.) PERS (Article 17) (Clean-up): Update to reflect PEPRA new member formula and contribution amount (50% of normal cost) 5 Incorporate Side Letter re Sick Leave (July, 2015) (Clean-up) City Administrative Policy 03.03 (Non-MOU): The parties met and conferred and agreed to add the following language to Section F.: Should the P.O.S.T. reimbursement be insufficient to cover the actual cost of meals and/or lodging, the city will pay the cost of the difference provided all other travel and meeting expense guidelines outlined in this Policy are followed. Edward L. Kreisberg Bradley M. Fields Lead Negotiator for National City Lead Negotiator for National City POA Dated: Dated: 6 RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY POLICE OFFICERS' ASSOCIATION WHEREAS, the Memorandum of Understanding ("MOU") between the City of National City and the National City Police Officers' Association ("NCPOA") expired December 31, 2015; and WHEREAS, City representatives began meeting and conferring in good faith with NCPOA representatives in November, 2015 for the purpose of negotiating a successor agreement; and WHEREAS, said meet and confer was conducted pursuant to California Government Code Section 3500, et seq.; and WHEREAS, on February 9, 2016, the NCPOA membership voted to accept the terms of a three (3) year MOU, effective as of January 1, 2016. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the Memorandum of Understanding between the City of National City and the Police Officers' Association for the period of January 1, 2016 through December 31, 2018. The Memorandum of Understanding is on file in the Office of the City Clerk. PASSED and ADOPTED this 1st day of March, 2016. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CC/CDC-HA Agenda 3/1/2016 — Page 71 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 the National School District for partial funding of the School Resource Officer Program. The City of National City will be reimbursed $68,624.49 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 1, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with the National School District for partial funding of the School Resource Officer Program. The City of National City will be reimbursed $68,624.49 for FY2016 and $68,624.49 for FY2017 by the National School District, for a two-year total of $137,248.98 for Police School Resource Officer Services.) PREPARED BY: Manuel Rodriguez, Chief of Police DEPARTMENT: Police PHONE: (619) 336-4510 EXPLANATION: APPROVED BY:: ' The National City Police Department currently assigns two police officers as Sch6ol 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 National 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 City to enter into an Agreement with the National School District in order to continue to share the costs of the School Resource Officer Program. $64,301 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: ` * ,' - Finance ACCOUNT NO. APPROVED: MIS Revenue: 001-11107-3467 FY16 $68,624.49 / FY17 $68,624.49 Expenditure: 001-411-107-* ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Agreement between the City of National City and the National School District Exhibit "A" Scope of Services AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND NATIONAL SCHOOL DISTRICT THIS AGREEMENT is entered into by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and the NATIONAL 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 National 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, 2017. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "A". 3. PROJECT COORDINATION AND SUPERVISION. Police Sergeant, Chris Sullivan hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The DISTRICT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the DISTRICT. Director of Student Support Services, Meghann O'Conner thereby is designated as the Project Director for the DISTRICT. 4. COMPENSATION AND PAYMENT. The total compensation from the DISTRICT to the CITY shall be a yearly flat fee. 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 Chief of Police. Yearly 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." 5. ACCEPTABLITY 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. The CITY understands and agrees that it and all of its employees shall not be considered officers, employees or agents of the DISTRICT, and are not entitled to benefits of any kind or nature normally provided employees of DISTRICT and/or to which DISTRICT employees are normally entitled, including, but not limited to, State Unemployment Compensation or Workers' Compensation. Likewise, the DISTRICT understands and agrees that it and all of its employees shall not be considered officers, employees or agents of the CITY, and are not entitled to benefits of any kind or nature normally provided employees of CITY and/or to which CITY employees are normally entitled, including, but not limited to, retirement, medical, unemployment, State Unemployment Compensation or Workers' Compensation. CITY assumes the full responsibility for the acts and/or omissions of its employees or agents as they relate to the services to be provided under this Agreement. DISTRICT assumes the full responsibility for the acts and/or omissions of its employees or agents as they relate to the services to be provided under this Agreement. CITY shall assume full responsibility for payment of federal, state and local taxes, including unemployment insurance, social security and income taxes for its employees. 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. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the DISTRICT or any of the DISTRICT's employees, except as herein set forth, and the DISTRICT or the DISTRICT's agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, it being understood that the DISTRICT, its agents, servants, and employees are as to the CITY wholly independent. 8. NON-DISCRIMINATION PROVISIONS. During the performance of this Agreement, the Parties shall not discriminate against any employee, applicant, student or other person connected to this Agreement in a manner prohibited by the laws of the United States or the State of California (including, but not limited to, on the basis of religion, race, color, national origin, handicap, ancestry, sex, sexual orientation, marital status or age). 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, including applicable student privacy laws. Upon receipt of any request for 2015 Agreement 2 City of National City and National School District confidential information by a third party, the Parties agree to advise each other of such request and their subsequent response to such request. 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. INDEMNIFICATION AND HOLD HARMLESS. A. The DISTRICT agrees to indemnify, defend, and hold harmless CITY, its officers, agents and employees against any claim, liability, loss, injury or damage imposed on CITY arising out of DISTRICT'S performance on this Agreement, except for liability resulting from the negligent or willful misconduct of CITY, its officers, agents and employees. If obligated to indemnify, defend, or hold harmless CITY under this Agreement, DISTRICT shall reimburse CITY for all costs, attorney's fees, expenses and liabilities associated with any resulting legal action. DISTRICT shall seek CITY approval of any settlement that could adversely affect the CITY, its officers, agents or employees. B. CITY agrees to indemnify, defend, and hold harmless DISTRICT, its officers, agents and employees against any claim, liability, loss, injury or damage imposed on DISTRICT arising out of CITY's performance on this Agreement, except for liability resulting from the negligent or willful misconduct of DISTRICT, its officers, agents and employees. If obligated to indemnify, defend, or hold harmless DISTRICT under this Agreement, CITY shall reimburse DISTRICT for all costs, attorney's fees, expenses and liabilities associated with any resulting legal action. CITY shall seek DISTRICT's approval of any settlement that could adversely affect DISTRICT, its officers, agents or employees. C. 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. D. 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 for such, if any it may have, shall be that as determined by law without regard to the existence of this Agreement. 12. MEDIATION/ARBITRATION. A. The Parties agree that should any dispute arise out of or relating to this Agreement they will first seek to resolve the matter informally for a reasonable period of time not to exceed forty five (45) days. If the dispute remains, the Parties agree first to try, in good faith, to settle the dispute by mediation in San Diego County, 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 County, 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 2015 Agreement 3 City of National City and National School District 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. B. In the event of arbitration, the arbitrator shall present a written, well - reasoned decision that includes the arbitrator's findings of fact and conclusions of law. The decision of the arbitrator shall be binding and conclusive on the Parties. The arbitrator shall have no authority to award punitive or other damages not measured by the prevailing Party's actual damages, except as may be required by statute. The arbitrator shall have no authority to award equitable relief. Any arbitration award initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to either Party other than the direction to pay a monetary amount. As determined by the arbitrator, the arbitrator shall award the prevailing Party, if any, all of its costs and fees. The term "costs and fees" includes all reasonable pre -award arbitration expenses, including arbitrator fees, administrative fees, witness fees, attorney's fees and costs, court costs, travel expenses, and out-of-pocket expenses such as photocopy and telephone expenses. The decision of the arbitrator is not reviewable, except to determine whether the arbitrator complied with section (b) of this paragraph. 13. TERMINATION. A. Either Party may terminate this Agreement for any reason or for no reason upon a 60-day written notice to the other Party. During said 60-day period the CITY shall perform all services in accordance with this Agreement. The Parties may mutually agree to waive this notice requirement and terminate the Agreement at an earlier time. Upon such termination, CITY shall be compensated on a pro rata basis only for those services that have been rendered to DISTRICT as of the date of termination, and CITY shall be entitled to no further compensation. B. In the event that either party fails to perform on a material term of this Agreement or engaged in material misrepresentation in connection with the formation of this Agreement or performance of services under the Agreement, the other party has the right to terminate the Agreement upon seven days written notice and all other rights and remedies available to it at law and equity. 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 2015 Agreement 4 City of National City and National School District 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: Assistant Superintendent of Business Services National School District 1500 N Avenue National City, CA 91950 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. 4-5. 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. 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. Proper venue for any dispute regarding this Agreement shall lie in San Diego County, California. 2015 Agreement 5 City of National City and National School District 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. M. Assignment. Unless authorized in writing by both Parties, neither Party shall assign or transfer any rights or obligations covered by this Agreement. Any unauthorized assignment or transfer shall constitute grounds for termination by the other Party. N. Ratification. This Agreement is subject to ratification by the District's Governing Board and the National City's City Council. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY NATIONAL SCHOOL DISTRICT By: By: Ron Morrison, Mayor Chris Carson Assistant Superintendent Date Ratified by City Council: Date Ratified by Governing Board: APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney 2015 Agreement 6 City of National City and National School District EXHIBIT A SCOPE OF SERVICES AND PAYMENT MISSION STATEMENT: It is the mission of the National 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 National School District and the City of National City by protecting life and property. Ensuring the safety of students and staff on school campuses and deterring gangs, drug abuse, criminal acts and traffic violations in National City are priorities to both the National School District and the National City Police Department. Both the National School District and the National City Police Department believe that campus security is enhanced by the presence of police officers and that police officers on campus also help improve relations between the Police Department and youth in our community. The National School District and the National City Police Department 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 our schools. To this end and following are specific agreements between the National School District and the City of National City: ROLL OF THE NATIONAL SCHOOL DISTRICT: The National School District agrees to: 1. Coordinate scheduling with the School Resource Officer and the assigned police department supervisor. 2. Schedule orientation time for classroom teachers. 3. Schedule parent meetings as needed. 4. Provide adequate space for the School Resource Officers to carry out non -classroom duties. 5. Provide regular feedback to the law enforcement agency concerning the performance of the School Resource Officer. 6. Permit the School Resource Officer access to the playground and cafeteria to allow for informal interaction with the students. 7. Provide audiovisual equipment for social skills/conflict resolution instruction, drug education and other law enforcement related educational presentations. 8. Report all criminal activity occurring on or about school campuses and all criminal activity involving students to the National City Police Department. 9. Develop procedures to handle campus safety issues. 10. To establish and follow procedures for referring police involvement. 2015 Agreement 7 City of National City and National School District 11. Abstain from calling upon the School Resource Officer for enforcement duties while they are involved in classroom presentations except in emergencies. 12. The National School District will remit $68,624.49, for the period of July 1, 2015 through June 30, 2016, payable to the National City Police Department, to offset costs of the School Resource Officer. This money is equal to 50% of the salary and benefits for one National City Police Officer at E-Step for one year. The total amount will be paid by June 13, 2016. The National School District will remit $68,624.49, for the period of July 1, 2016 through June 30, 2017, payable to the National City Police Department, to offset costs of the School Resource Officer. This money is equal to 50% of the salary and benefits for one (1) National City Police Officer at E-Step for one (1) year. The total amount will be paid by January 30, 2017. 13. Coordinate with the Police Department, other public and private agencies, community and civic groups to develop a community partnership in support of crime reduction, traffic safety and other police programs. ROLE OF THE NATIONAL CITY POLICE DEPARTMENT: To the extent that staffing is available, at the sole discretion of the Chief of Police, The National City Police Department will provide the following services: 1. Assign a uniformed police officer as the School Resource Officer ("SRO"). 2. Assign the School Resource Officer to liaison with the school campuses of the National School District with the purpose of being engaged in the following duties: • Training for teachers and other school staff on law enforcement and campus security issues as requested. • Serving as a member of the National School District Student Attendance Review Board (S.A.R.B.). • General law enforcement duties focusing on: o Safety of students and staff on campus o Gang related violence and crime o Campus intrusion o Loss and/or damage to property o Weapons on campus o Alcohol and drugs on campus o Truancy o Traffic Safety 3. Ensure that the officer assigned as the School Resource Officer receive all required training and any additional training deemed beneficial to their tasks. 4. Designate a member of the police staff to regularly meet with the school district staff to evaluate program needs as requested. 2015 Agreement 8 City of National City and National School District 5. The School Resource Officer will be afforded ample time to engage in informal interaction with the students. 6. Abstain from having the School Resource Officer perform enforcement duties during time scheduled for classroom presentations, except in cases of urgency determined by the Chief of Police or his designee. 7. Pay salary and benefits for the police officer assigned as the School Resource Officer as agreed upon. Although the SRO has a campus -based philosophy, the SRO is still required to respond to other schools when dispatched, in addition to investigating school related crime and incidents. To the extent that staffing is available as determined by the Chief of Police, the SRO shall do the following: • Attend the National School District SARB Hearings at NCPD • Conduct home visits with administrators or the NSD Truancy Officer. • Issue citations to parents for violation of the SARB contract. • Coordinate, train and inspect individual Student Safety Patrols as requested. • Provide parent education/presentations to parent groups as requested. • Attend meetings and facilitate participation for the Teddy Bear Drive. • As available, provide education as it relates to criminal law, and Drug Awareness to middle and high school students as requested. • Teach narcotics awareness at PTA's and students as requested. • Facilitate NCPD participation and pin sales for Shop with a Cop event. • Facilitate the Padre Law Enforcement Day Program for NCPD, City employees. • Inspect and approve individual school safety plans for elementary and secondary schools. • Attend site -based SARB meetings as requested. • Participate in the NCPD 290 (Sex Crime Registrant) Compliance Inspections. • Conduct juvenile warrant sweeps. • Assist SD County Probation Officers with compliance checks and home visits generally within the boundaries of the City of National City of National City. • Attend various school events and fairs as requested, with any overtime needed to be paid for by the District. • Enforce SD County Daytime Loitering within City limits. • Attend school based disciplinary hearings and intervention programs. • Participate in multi -agency Truancy/Daytime Loitering Sweeps within City limits. 2015 Agreement 9 City of National City and National School District RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE NATIONAL SCHOOL DISTRICT FOR PARTIAL FUNDING OF THE SCHOOL RESOURCE OFFICER PROGRAM IN WHICH THE NATIONAL SCHOOL DISTRICT WILL REIMBURSE THE CITY OF NATIONAL CITY $68,624.49 FOR FISCAL YEAR 2016 AND $68,624,49 FOR FISCAL YEAR 2017, FOR A TWO-YEAR TOTAL OF $137,248.98 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 National School District and the City of National City desire to enter into a one-year Agreement effective and retroactive from July 1, 2015, with a reimbursement amount to National City of $68,624.49 and an option to extend through June 30, 2017, with a reimbursement amount to National City of National City of $68,624.49, for a total reimbursement amount of $137,248.98, 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 $68,624.49 for Fiscal Year 2015 and $68,624.49 for Fiscal Year 2017, if extended, for a total reimbursement amount of $137,248.98. PASSED and ADOPTED this 1st day of March, 2016. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CC/CDC-HA Agenda 3/1/2016 — Page 83 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City ratifying and authorizing the acceptance of a $14,618.25 FY 2015 Citizens' Option for Public Safety (COPS) Program grant and $100,000.00 FY 2016 Citizens' Option for Public Safety (COPS) Program CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 1, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City ratifying and authorizing the acceptance of a $14,618.25 FY 2015 Citizens' Option for Public Safety (COPS) Program grant and $100,000.00 FY 2016 Citizens' Option for Public Safety (COPS) Program grant to purchase police radios, Panasonic Toughbook computers, active shooter plates and plate carriers, Tasers, and other essential police equipment as needed and to ratify and authorize the establishment of an appropriation and corresponding revenue budget in the amount of the grant within the Supplemental Law Enforcement Services Fund (SLESF). PREPARED BY: 'Christopher Cameon, Sergeant DEPARTMENT: Police PHONE: (619) 336-4524 EXPLANATION: The County of San Diego notified the City of National City that it has awarded $114,618.25 in grant funding via the FY 2015 ($14,618.25) and FY 2016 ($100,000) SLESF/COPS Program for frontline municipal police services. The City is not required to allocate any up -front costs or matching funds in order to receive the funds. The County of San Diego will be disbursing the quarterly funds to each city within 30 days of receipt from the State; as of January 2016, the City will receive $114,618.25 from the County. The Police Department proposes to use the total allocation of $114,618.25 toward the purchase of police radios, Panasonic Toughbook computers, active shooter plates and plate carriers, Tasers, and other essential police equipment as needed. APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. 208-411-917-518-0000 (Expenditure Account)APPROVED: ,�� Finance 208-00000-3463 (Revenue Account) APPROVED: MIS The FYs 2015 and 2016 SLESF/COPS Program does not require a match or in -kind contribution; therefore, there is no impact to the general fund. ENVIRONMENTAL REVIEW: Not Applicable ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends that the City Council adopt the resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: FY 2015 Supplemental Law Enforcement Services Fund (SLESF)/Citizens' Option for Public Safety Program (COPS) Grant Documents (memorandums, attachments & e-mails) i,NT Op, dace'. s ti Q4 n Z Q III * DEPARTMENT OF NoFD1zs,P F I N A N C E September 2, 2015 Honorable Betty T. Yee State Controller 300 Capitol Mall, Suite 1850 Sacramento, CA 95814 EDMUND 13. BROWN JR. • GOVERNOR 91 5 L STREET ■ BACRAMENTO CA ■ 95814•5706 M WWW.DOF.CA.00V Attention: Mr. Jim Reisinger Cost Plans and Local Apportionments Dear Controller Yee: Pursuant to Govemment Code section 30029.05, subdivision (e), paragraph (2), the Department of Finance respectfully submits the attached (Attachments I and II) percentages for the allocation of 2015-16 Citizens' Option for Public Safety (COPS) and the Juvenile Justice Crime Prevention Act (JJCPA) funds deposited in the Enhancing Law Enforcement Activities Subaccount (ELEAS) in the Law Enforcement Services Account within the Local Revenue Fund 2011. Pursuant to Government Code section 30061, subdivisions (b) and (g), subsequent to the allocation described in subdivision (d) of Section 29552, 47.08727192 percent of the remaining funds deposited in the ELEAS for the COPS (23.54363596 percent) and JJCPA (23.54363596 percent) programs are to be allocated, according to the relative population for each county and city, as follows: (1) 5.15 percent to the county sheriff for county jail construction and operation. (2) 5.15 percent to the district attorney for criminal prosecution. (3) 50 percent to the county or city and county to implement a comprehensive multi -agency juvenile justice plan.. (4) 39.7 percent to the county and the cities within the county for front-line law enforcement. Note that pursuant to Government Code section 30061, subdivision (b), paragraph (3), each law enforcement jurisdiction receiving front-line law enforcement funding is to receive a minimum grant of $100,000. The percentages included in Attachment II are calculated in a manner that -provides for a minimum grant allocation of $100,000 to each law enforcement jurisdiction listed in Attachment II. Note that the by -county percentages for the first three allocations above: (1) county jail construction, (2) district attorney criminal prosecution, and (3) multi -agency juvenile justice plans, are specified on Attachment I and the by-county/city percentages for the fourth allocation, front-line law enforcement, are identified on Attachment II. Also note that the allocations shown on Attachments I and II may be slightly different from the final allocations made by the State Controller's Office due to rounding. Honorable Betty T. Yee September 2, 2015 Page 2 If you have any questions, or need additional information, please call Joshua Gauger, Principal Program Budget Analyst, at (916) 445-8913. Sincere) CH IS RY Program Budget Manager Attachments cc: Mr. George Lolas, Chief Operating Officer, State Controller's Office Ms. Casandra Moore -Hudnall, Chief, Division of Accounting and Reporting, State Controller's Office Ms. Kathleen Howard, Executive Director, Board of State and Community Corrections a dd o 5 N .1d 1/1111111/1//11111111111111111 5dd.-��iIhhhfi.M5UU 110111111111111111111111111111111111M11111111111111M Q"`��1 1 1M 01 g Jdd d d3 a d ied od d, odo Ad N.-d.-_ d3 11111111111/1 d:__ oo.=dd dg a K $ b11011111111111111/1/1111111111/11111q"i1111111111/11110 d ootoo diddddw ;ddvio doo dr,ddd:210,2d0;C; IIIP1 N 51 5 .i d .- ., d d A . 5 s 105 �g ie e11011111111111111111111111111111111M1111111111111111111a 0N3oa diddeodoo-0;0 a:; --vdr dd.=dod o 11 a ao °fig 1 1 * °' ��° d1 — 5 S� a�� g "! IjiIP li i d5 d od i 1 „ dod 11111111111111111111111111 dg N-e-ta!IdnAtih. .7dNed$ P coo 4"111P1P153;51TallIMIIIIERIIIMIRIIIIIRMI 1101110111111111111111111111111101111111111110111111111111 le AFi1 %i S g g rS t l FaINS IISNIIIR i� 1 pQ y A 8 2015-16 Enhancing Law Enforcement Activities 3ubaccount Citizens` Option for Public Safety Front-line Law Enforcement Allocation for 2015-16 City/County City/County Population Estimates 1/1/2015 Projected Allocations by City/County Percent of Allocation by City/County Alameda 1,594,569 $ 2,773,169 3.26111742% Alameda 76,638 $ 119,793 0.14087050% Albany 18,565 $ 100,000 0.11759532% Berkeley 118,780 $ 185,665 0.21833292% Dublin 55,844 $ 100,000 0.11759532% Emeryville 10,570 $ 100,000 0.11759532% Fremont 226,551 $ 354,121 0.41642988% Hayward 152,889 $ 238,980 0.28102964% Livermore 85,990 $ 134,411 0.15806068% Newark 44,204 $ 100,000 0.11759532% Oakland 410,603 $ 641,812 0.75474113% Piedmont 11,113 $ 100,000 0.11759532% Pleasanton . 74,850 $ 116,998 0.13758392% San Leandro 88,441 $ 138,242 0.16256593% Union City 72,744 $ 113,706 0.13371283% Unincorporated 146,787 $ 229,442 0.26981339% Alpine 1,121 $ 100,000 0.11759532% Unincorporated 1,121 $ 100,000 0.11759532% Amador 36,312 $ 600,000 0.70557192% Amador 183 $ 100,000 0.11759532% lone • 6,763 $ 100,000 0.11759532% Jackson 4,586 $ 100,000 0.11759532% Plymouth 967 $ 100,000 0.11759532% Sutter Creek 2,457 $ 100,000 0.11759532% Unincorporated 21,356 $ 100,000 0.11759532% Butte 224,323 $ 670,986 0.78904845% Biggs 1,746 $ 100,000 0.11759532% Chico 89,634 $ 140,107 0.16475882% Gridley 6,780 $ 100,000 0.11759532% Orovilla 16,197 $ 100,000 0.11759532% Paradise 26,235 $ 100,000 0.11759532% Unincorporated 83,731 $ 130,880 0.15390835% Calaveras 45,668 $ 200,000 0.23519064% Angels City 3,811 $ 100,000 0.11759532% Unincorporated 41,857 $ 100,000 0.11759532% Cotusa 21,715 $ 300,000 0.35278596% Colusa 6,191 $ 100,000 0.11759532% Williams 5,316 $ 100,000 .0.11759532% Unincorporated 10,208 $ 100,000 0.11759532% Contra Costa 1,102,871 $ 2,530,264 2.97547244% Antioch 108,298 $ 169,280 0.19906566% Brentwood - 56,493 $ 100,000 0.11759532% Clayton 11,288 $ 100,000 0.11759532% Concord 126,069 $ 197,058 0.23173104% Danville 43,691 $ 100,000 0.11759532% El Cerrito 24,288 $ 100,000 0.11759532% Hercules 24,775 $ 100,000 0.11759532% Kensington Police Protection - $ 100,000 0.11759532% Lafayette 25,154 $ 100,000 0.11759532% Martinez 37,384 $ 100,000 0.11759532% ATTACHMENTII 2015.16 Enhancing Law Enforcement Activities Subaccount Citizens' Option for Public Safety Front-line Law Enforcement Allocation for 2015-16 City/County City/County Population Estimates 1/1/2015 Projected Allocations by City/County Percent of Allocation by City/County Moraga 16,466 $ 100,000 0.11759532% Oakley 38,789 $ 100,000 0.11759532% Orinda 18,612 $ 100,000 0.11759532% Pinole 18,946 $ 100,000 0.11759532% Pittsburg . 67,628 $ 105,709 0.12430896% 0.11759532% Pleasant Hill 34,162 $ 100,000 Richmond 107,346 $ 167,792 0.19731576% San Pablo 29,730 $ 100,000 0.11759532% San Ramon 78,561 $ 122,798 0.14440523% Walnut Creek 66,868 $ 104,521 0.12291199% Unincorporated 168,323 $ 263,105 . 0.30939932% Del Norte 28,031 $ 200,000 0.23519064% Crescent Clty 6,889 $ 100,000 0.11759532% Unincorporated 21,142 $ 100,000 0.11759532% El Dorado . 184,917 $ 438,382 0.51551628% Placerville 10,673 $ 100,000 0.11759532% South Lake Tahoe 21,738 $ 100,000 0.11759532% • Unincorporated 152,506 $ 238,382 0.28032564% Fresno 972,297 $ 2,542,595 2.98997237% Clovis 104,339 $ 163,092 0.19178851% Coalinga ' 16,529 $ 100,000 0.11759532% Flrebaugh .7,779 $ 100,000 0.11759$32°% Fowler 5,957 $ 100,000 0.11759532% Fresno 520,159 $ 813,059 0.95611914% Huron 6,817 $ 100,000 0.11759532% Kerman 14,314 $ 100,000 0.11759532% Kingsburg 11,711 $ 100,000 0.11759532°% Mendota 11,211 $ 100,000 0.11759532% Orange Cove 9,358 $ 100,000 0.11759532% Parller 15,095 $ 100,000 0.11759532% Reedley 25,488 $ 100,000 0.11759532% Sanger 25,128 $ 100,000 0.11759532% San Joaquin 4,041 $ 100,000 0.11759532% Selma 23,912 $ 100,000 0.11759532% Unincorporated 170,459 $ 266,444 0.31332556% Glenn 28,728 $ 300,000 0.35278596% Orland 7,814 $ 100,000 0.11759532% Willows 6,206 $ 100,000 0.11759532% Unincorporated 14,708 $ 100,000 0.11759532% Humboldt 134,398 $ 811,227 0.95396479% Arcata 17,898 $ 100,000 0.11759532% Slue Lake 1,260 $ 100,000 0.11759532% Eureka 26,946 $ 100,000 0.11759532% Ferndale 1,369 $ 100,000 0.11759532% Fortuna 12,032 $ 100,000 0.11759532% Rto Dell 3,372 $ 100,000 0.11759532"A Trinidad 363 $ 100,000 0.11759532% Unincorporated 71,158 $ 111,227 0.13079755% Imperial 183,429 $ 800,000 0.94076256% Brawtey 26,273 $ 100,000 0.11759532% ATTACHMENT II 2015-16 Enhancing Law Enforcement Activities Subaccount Citizens' Option for Public Safety Front-line Law Enforcement Allocation for 2015-16 City/County City/County Population Estimates 111/2015 Projected Allocations by City/County Percent of Allocation by City/County Calexico 41,033 $ 100,000 0.11759532% Callpatria 7,466 $ 100,000 0.11759532% El Centro 44,847 $ 100,000 0.11759532% Hoitville 6,246 $ 100,000 0.11759532% Imperial 17,446 $ 100,000 0.11759532% Westmorland 2,333 $ 100,000 0.11759532% unincorporated 37,785 $ 100,000 0.11759532% lnyo 18,574 $ 200,000 0.23519064% Bishop 3,881. $ 100,000 0.11759532% Unincorporated 14,693 $ 100,000 0.11759532% KCem 874,264 $ 2,260,647 2.65841521% Arvin 20,113 $ 100,000 0.11759532% Bakersfield 369,505 $ 577,572 0.67919772% Bear Valley Community Services District - $ 106,000 0.11759532% California City 13,165 $ 100,000 0.11759532% Delano 52,222 $ 100,000 0.11759532% Marioopa 1,169 $ 100,000 0.11759532% McFarland 14,037 $ 100,000 0.11759532% Ridgecrest 28,419 $ 100,000 0.11759532% Shafter 17,970 $ 100,000 0.11759532% Stallion Springs Community Services District - $ 100,000 0.11759532% Taft 9,456 $ 100,000 0.11759532% Tehachapi 13,028 $ 100,000 0.11759532% Wasco 26,130 $ 100,000 0.11759532% Unincorporated 309,050 $ 483,075 0.56807365% Kings 149,721 $ 500,000 0.58797660% Avenal 13,159 $ 100,000 0.11759532% Corcoran 22,084 $ 100,000 0.11759532% Hanford 55,804 100,000 0.11759532% Lemoore 25,325 _$ $ 100,000 0.11759532% Unincorporated 33,349 $ 100,000 0.11759532% Lake 64,918 $ 300,000 0.35278596% Cieariake 14,977 $ 100,000 0.11759532% Lakeport 4,699 $ 100,000 0.11759532% unincorporated 45,242 $ 100,000 0.11759532% Lassen .32,092 $ 200,000 0.23519064% Susanville 15,509 $ 100,000 0.11759532% Unincorporated 16,583 $ 100,000 0.11759532% Los Angeles 10,136,559 $ 19,130,118 22.49612236% Agoura Hills 20,767 $ 100,000 0.11759532% Alhambra 85,545 $ 133,715 0.15724271% Arcadia 57,761 $ 100,000 0.11759532% Artesia 16,849 $ 100,000 0.11759532% Avalon 3,840 $ 100,000 0.11759532% Azusa 49,425 $ 100,000 0.11759532% Baldwin Park 77,047 $ 120,432 0.14162230% Bell 36,135 $ 100,000 0.11759532% Bellflower 78,106 $ 122,087 0.14356888% Bell Gardens 42,875 $ 100,000 0.11759532% ATTACHMENT II 2015-16 Enhancing Law Enforcement Activities Subaccount Citizens' Option for Public Safety Front-line Law Enforcement Allocation for 2015-16 City/County City/County Population Estimates 1/112015 Projected Allocations by City/County $ 100,000 Percent of Allocation by City/County 0.11759532% Beverly Hills 34,833 Bradbury 1,087 $ 100,000 0.11759532% Burbank 106,084 $ 165,820 0.19499604% Calabasas 24,212 $ 100,000 0.11759532% Carson 93,148 $ 145,599 0.17121801 % Cerritos 49,968 $ 100,000 0.11759532% Claremont 36,282 $ 100,000 0.11759532% Commerce 13,060 $ 100,000 0.11759532% Compton 98,506 $ 153,974 0.18106670% Covina 48,876 $ ' 100,000 13.11759532% Cudahy 24,270 $ 100,000 0.11759532% Culver City 39,773 $ 100,000 0.11759532% Diamond Bar 56,668 $ 100,000 0.11759532% Downey 113,900 $ 178,037 0.20936285% Duarte 21,839 $ 100,000 0.11759532% El Monte 115,774 $ 180,966 0.21280751 % El Segundo 17,000 $ 100,000 0.11759532% 0.11759532% Gardena _ 60,414 $ 100,000 Glendale 199,182 $ • 311,341 0.36612213% Glendora 51,463 $ 100,000 0.11759532% Hawaiian Gardens 14,545 $ 100,000 0.11759532% Hawthorne 87,657 $ 137,016 0.16112483% Hermosa Beach 19,772 $ 100,000 0.11759532% Hidden Hills 1,901 $ 100,000 0.11759532% Huntington Park 59,312 $ 100,000 0.11759532% Industry 440 $ 100,000 0.11759532% Inglewood • 112,333 $ 175,587 0.20648250% Irwindale 1,473 $ 100,000 0.11759532% La Canada Flintridge 20,592 $ 100,000 0.11759532% La Habra Heights 5,439 $ 100,000 0.11759532% Lakewood 81,601 $ 127,550 0.14999313% La Mirada 49,521 $ 100,000 0.11759532% Lancaster 160,784 $ • 251,321 0.29554167% La Puente 40,690 $ 100,000 0.11759532% La Veme 33,042 $ 100,000 0.11759532% Lawndale 33,403 $ 100,000 0.11759532% Lomita 20,733 $ 100,000 0.11759532% Long Beach 472,779 $ 738,999 0.86902860% Los Angeles 3,957,022 $ 6,185,207 7.27351420% Lynwood 71,381 $ 111,575 0.13120748% Malibu • 12,935 $ 100,000 0.11759532% 0.11759532% Manhattan Beach 35,763 $ 100,000 Maywood 27,884 $ 100,000 0.11759532% 37,406 $ 100,000 0.11759532% Monrovia Montebello 64,104 $ 100,201 0.11783140% Monterey Park 62,063 $ 100,000 0.11759532% Norwalk . 107,166 $ 167,511 0.19698489% Palmdale 157,009 $ 245,420 0.28860273% Palos Verdes Estates 13,730 $ 100,000 0.11759532% Paramount 55,302 $ 100,000 0.11759532% ATTACHMENT II 2016-16 Enhancing Law Enforcement Activities Subaccount Citizens' Option for Public Safety Front-line Law Enforcement Allocation for 2015-16 City/County City/County Population Estimates 1/1/2015 Projected Allocations by City/County $ . 221,194 Percent of Allocation by City/County 0.26011359% Pasadena 141,510 Pico Rivera 64,182 $ 100,323 0.11797477% Pomona 152,419 $ 238,248 0.28016573% Rancho Palos Verdes 42,564 $ 100,000 0.11759532% Redondo Beach 68,095 $ 106,439 0.12516737% Rolling Hills 1,904 $ 100,000 0.11759532% Roping Hills Estates 8,223 $ 100,000 0.11759532% Rosemead 55,017 $ 100,000 0.11759532% San Dimas 34,713 $ 100,000 0.11759532% San Fernando 24,558 $ 100,000 0.11759532% San Gabriel 40,517 $ 100,000 0.11759532% San Marino _ 13,414 $ 100,000 0.11759532% Santa Clarlta 213,231 $ 333,301 0.39194600% Santa Fe Springs 17,827 $ 100,000 0.11759532% Santa Monica 93,283 $ 145,810 0.17146615% Sierra Madre 11,133 $ 100,000 0.11759532% Signal Hill 11,585 $ 100,000 0.11759532% South El Monte 20,841 $ 100,000 0.11759532% South Gate 96,547 $ 150,912 0.17746581 % South Pasadena 26,174 $ 100,000 0.11759532% Temple City 36,275 $ 100,000 0.11759532% Torrance 148,427 $ 232,008 0.27282792% Vernon 123 $ 100,000 0.11759532% Walnut 30,257 $ 100,000 0.11759532% West Covina . 108,401 $ 169,441 0.19925497% West Hollywood 35,825 $ 100,000 0.11759532% Westlake village 8,423 $ • 100,000 0.11759532% Whittier 86,948 $ 135,908 0.15982181% Unincorporated 1,051,872 $ 1,644,178 1.93347602% Madera 155,878 $ 314,692 0.37006333% Chowchllla 18,542 $ 100,000 0.11759532% Madera 63,961 $ 100,000 0.11759532% Unincorporated 73,375 $ 114,892 0.13487269% Martn 258,972 $ 1,207,053 1.41943827% Belvedere 2,121 $ 100,000 0.11759532% Corte Madera 9,491 $ 100,000 0.11759532% Fairfax 7,834 $ 100,000 0.11759532% Larkspur 12,347 $ 100,000 0.11759532% MITI Valley 14,439 $ 100,000 0.11759532% Novato 53,575 $ 100,000 0.11759532% Ross 2,493 $ 100,000 0.11759532% San Anselmo 12,670 $ 100,000 0.11759532% San Rafael 59,214 $ 100,000 0.11759532% Sausalito 7,300 $ 100,000 0.11759532% Tiburon 9,200 $ 100,000 0.11759532% Unincorporated 68,488 $ 107,053 0.12588975% Mariposa 17,791 $ 100,000 0.11759532% Unincorporated 17,791 $ 100,000 0.11759532% Mendocino 88,863 $ 500,000 0.58797660% Fort Bragg 7,343 $ 100,000 0.11759532% ATTACHMENT n 2015-16 Enhancing Law Enforcement Activities Subaccount Citizens' Option for Public Safety Front-line Law Enforcement Allocation for 2015-16 City/County City/County Population Estimates 111/2015 Protected Allocations by City/County $ 100,000 Percent of Allocation by City/County . 0.11759532% Point Arena 450 Ukiah 16,073 $ 100,000 0.11759532% wins 4,902 $ 100,000- 0.11759532% Unincorporated 60,095 $ 100,000 0.11759532% Merced 266,134�_$ 774,464 0.91073361% Atwater 29,023 $ 100,000 0.11759532% Dos Palos 5,023 $ ' 100,000 0.11759532% Gustine 5,618 $ 100,000 0.11759532% Livingston 13,735 $ 100,000 0.11759532% Los Banos 37,145 $ 100,000 0.11759532% Merced 81,722 $ 127,739 0.15021555% Unincorporated 93,868 $ 146,725 0.17254146% Modoc 9,399 $ 200,000 0.23519064% Alturas 2,723 $ 100,000 0.11759532% Unincorporated 6,676 $ 100,000 0.11759532% Mono 14,695 $ 200,000 0.23519064% Mammoth Lakes 8,410 $ 100,000 0.11759532% Unincorporated 6,285 $ 100,000 0.11759532% Monterey 426,413 $ 1,603,850 1.76845661% Carmel -by -the -Sea 3,747 $ 100,000 0.11759532% Del Rey oaks 1,660 $ 100,000 0.11759532% Gonzales 8,357 $ 100,000 0.11759532% Greenfield 16,870 $ 100,000 0.11759532% King City 13,417 $ 100,000 0.11759532% Marina 20,872 $ 100,000 0.11759532% Monterey , 28,163 $ 100,000 0.11759532% Pacific Grove 15,388 $ 100,000 0.11759532% Salinas 154,720 $ 241,842 0.28439525% Sand City 362 $ 100,000 0.11759532% Seaside 33,672 $ 100,000 0.11759532% Soledad .24,540 $ 100,000 0.11759532% Unincorporated 103,6457 $ 162,007 0.19051284% Napa 140,362 $ 623,439 0.73313546% American Canyon 20,149 $ 100,000 0.11759532% Caiistoga 5,261 $ 100,000 0.11759532% Napa 78,971 $ 123,439 0.14515886% St Helena 6,065 $ 100,000 0.11759532% Yountviile 3,017 $ 100,000 0.11759532% Unincorporated 26,899 $ 100,000 0.11759532% Nevada 98,193 $ 402,950 0.47385062% Grass valley 12,925 $ 100,000 0.11759532% Nevada City 3,194 $ 100,000 0.11759532% Truckee 16,211 $ 100,000 0.11759532% Unincorporated 65,863 $ 102,950 0.12106466% orange • 3,147,655 $ 5,678,469 6.67761363% Aliso Viejo 50,204 $ 100,000 0.11759532% Anaheim 351,433, $ 549,324 0.64597905% Brea 43,328 $ 100,000 0.11759532% Buena Park 82,767 $ 129,373 0.15213639% Costa Mesa 113,455 $ 177,341 0.20854489% ATTACHMENT 1I 2015-16 Enhancing Law Enforcement Activities Subaccount Citizens' Option for Public Safety Front-line Law Enforcement Allocation for 2015-16 City/County City/County Population Estimates 1/1/2016 Projected Allocations by City/County $ 100,000 Percent of Allocation by City/County 0.11759532% Cypress 49,184 Dana Point 34,208 $ 100,000 0.11759532% Fountain Valley 57.021 $ 100,000 0.11759532% Fullerton 141,042 $ 220,462 0.25925334% Garden Grove 174,774 $ 273,189 0.32125709% Huntington Beach 198,389 $ 310,101 0.36466450% Irvine 250,384 $ 391,374 0.46023800% Laguna Beach 23,355 $ 100,000 0.11759532% Laguna Hills 30,994 $ 100,000 0.11759532% Laguna Niguel 64,836 $ 101,345 0.11917690% 0.11759532% Laguna Woods 16,652 $ 100,000 La Habra 62,079 $ 100,000 0.11759532% Lake Forest 80,070 $ 125,157 0.14717898% La Palma 15,965 $ 100,000 0.11759532% Los Alamitos 11,779 $ 100,000 0.11759532% Mission Viejo 96,652 $ 151,076 0.17765881 % Newport Beach 87,249 $ 136,379 0.16037488% Orange 140,094 $ 218,980 0.25751079% 0.11759532% Placentia 52,427 $ 100,000 Rancho Santa Margarita 49,125 $ 100,000 0.11759532% San Clemente 65,399 $ 102,225 0.12021178% San Juan Capistrano 36,223 $ 100,000 0.11759532% Santa Ana 335,264 $ 524,050 0.61625835% Seal Beach 24,684 $ 100,000 0.11759532% Stanton 39,219 $ 100,000 0.11759532% Tustin 79,801 $ 124,424 0.14631688% Villa Park 5,960 $ 100,000 0.11759532% Westminster 92,106 $ 143,971 0.16930267% Yorba Linda 67,719 $ 105,851 0.12447623% Unincorporated 124,014 $ 193,846 0.22795368% Placer 369,464 $ 876,597 1.03083693% Auburn 13,818 $ 100,000 0.11759532% Colfax 1,994 $ 100,000 0.11759532% LIncotn 45,837 $ 100,000 0.11759532% Loomis 6,623 $ 100,000 , 0.11759532% Rocklin 60,252 $ 100,000 0.11759532% Roseville 128,382 $ 200,673 0.23598263% Unincorporated 112,548 $ 175,923 0.20887770% Plumes 19,560 $ 200,000 0.23519064% Portola 2,020 $ 100,000 0.11759532% Unincorporated 17,540 $ 100,000 0.11759532% Riverside 2,308,441 $ 4,436,816 6.21748801% Banning 30,491 $ 100,000 0.11759532% Beaumont 42,481 $ 100,000 0.11759532% Blythe 18,909 $ 100,000 0.11759532% Callmesa 8,353 $ 100,000 0.11759532% Canyon Lake • 10,901 $ 100,000 0.11759532% Cathedral City 52,903 $ 100,000 0.11759532% Coachella 43,917 $ 100,000 0.11759532% Corona 160,287 $ 250,544 0.29462812% ATTACHMENT 1I 2015-16 Enhancing Law Enforcement Activities Subaccount Citizens' Option for Public Safety Front-line Law Enforcement Allocation for 2015-16 City/County City/County Population Estimates 1/1/2015 Projected Allocations by City/County $ 100,000 Percent of Allocation by City/County 0.11759532% Desert Hot Springs 28,134 Eastvele 60,633 $ 100,000 0.11759532% Hemet 82,253 $ 128,569 0.15119159% Indian Wells 5,194 $ 100,000 0.11759532% Indio 84,201 $ 131,614 0.15477226% Jurupa Valley 98,885 $ 154,567 0.18176335% Lake Elsinore 58,426 $ 100,000 0.11759532% La Quints 39,694 $ 100,000 0.11759532% Mentfee 85,385 $ 133,465 0.15694861 % Moreno Valley 200,670 $ 313,667 0.36885727% Munieta 107,279 $ . 167,687 0.19719260% Norco 25,891 $ 100,000 0.11759532% Patin Desert 51,053 $ 100,000 0.11759532% Palm Springs 46,611 $ 100,000 0.11769532% Perris 72,908 $ 113,962 0.13401428% Rancho Mirage 17,889 $ 100,000 0.11759532% Riverside 317,307 $ • 495,982 0.58325108% San Jacinto 45,895 $ 100,000 0.11759532% Temecula 108,920 $ 170,253 0.20020897% Wildomar 34,148 $ 100,000 0.11759532% Unincorporated 368,823 $ 576,506 0.67794412% Sacramento 1,470,912 $ 2,459,433 2.89217799% Citrus Heights 85,147 $ 133,093 0.15651114% Elk Grove 162,899 $ 254,627 0.29942931 % Folsom 74,909 $ 117,090 0.13769238% Gait 24,607 -$ 100,000 0.11759532% Milton 820 $ 100,000 0.11759532% Rancho Cordova 69,112 $ 108,029 0.12703674% Sacramento 480,105 $ 750,451 0.88249474% unincorporated 573,313 $ 896,144 1.05382304% San Benito 58,344 $ 300,000 0.35278596% Hotllster 37,305 $ 100,000 0.11759532% San Juan Bautista 1,930 $ 100,000 0.11759532% Unincorporated 19,109 $ 100,000 0.11759532% San Bernardino 2,104,291 $ 3,943,665 4.63756505% Adelanto 33,084 $ 100,000 0.11759532% Apple Valley 71,396 $ 111,599 0.13123503% Barstow 23,407 $ 100,000 0.11759532% Big Bear Lake 5,165 $ 100,000 0.11759532% Chino 84,465 $ 132,027 0.15525753% Chino Nib 77,596 $ 121,290 0.14263143% Colton • 53,384 $ 100,000 0.11759532% Fontana 204,312 $ 319,359 0.37555173% Grand Terrace 12,352 $ 100,000 0.11759532% Hesperia 92,177 $ 144,082 0.16943318% Highland 54,332 $ 100,000 0.11759532% Loma Linda 23,751 $ 100,000 0.11759532% Montclair 38,458 $ 100,000 0.11759532% Needles 4,940 $ 100,000 0.11759532% Ontario 168,777 $ 263,815 0.31023384% ATTACHMENT ll 2015-16 Enhancing Law Enforcement Activities Subaccount Citizens' Option for Public Safety Front-line Law Enforcement Allocation for 2015-16 City/County City/County Population Estimates 1/112015 Projected Allocations by City/County $ 272,079 Percent of Allocation by City/County 0.31995202% Rancho Cucamonga 174,064 Redlands 70,398 $ 110,039 0.12940058% Rialto 102,092 $ 159,580 0.18765823% San Bernardino 213,933 $ 334,398 0.39323636% Twentynine Palms 25,846 $ 100,000 0.11759532% Upland 75,787 $ 118,462 0.13930626% Vlctorvllie 121,168 $ 189,397 0.22272237% Yucaipa 52,942 $ 100,000 0.11759532% Yucca Valley 21,355 V $ 100,000 0.11759532% Unincorporated 299,110 $ 467,538 0.54980265% San Diego '3,227,496 $ 5,452,783 6.41221732% Carlsbad 110,653 $ 172,961 0.20339445% Chula Vista 257,989 $ 403,262 0.47421697% Coronado 23,497 $ 100,000 0.11759532% Del Mar 4,238 $ 100,000 0.11759532% El Cajon 101,444 $ 158,567 0.18646712% Endnitas 61,518 $ 100,000 0.11759532% Escondido 147,294 $ 230,235 0.27074532% Imperial Beach 26,761 $ 100,000 0.11759532% La Mesa 58,813 $ 100,000 0.11759532% Lemon Grove 26,199 $ 100,000 0.11759532% National City 59,827 $ 100,000 0.11759532% Oceanside 171,682 $ 268,356 0.31557359% Poway 49,041 $ 100,000 0.11759532% San Diego 1,388,061 $ 2,138,412 2.51467207% San Marcos 90,827 $ 141,971 0.16695171% Santee 55,805 $ 100,000 0.11759532% Solana Beach 13,104 $ 100,000 0.11759532% Vista 96;413 $ 150,703 0.17721949% Unincorporated 504,330 $ 788,317 0.92702340% San Francisco 846,602 $ 1,321,758 1.55432624% San Francisco 845,602 $ 1,321,758 1.55432524% San Joaquin 719,511 $ 1,368,341 1.59734628% Escaion 7,413 $ 100,000 0.11759532% Lathrop - 20,353 $ 100,000 0.11759532% Lodi 63,719 $ 100,000 0.11759532% Manteca 73,787 $ 115,336 0.13562999% Ripon 14,922 $ 100,000 ' 0.11759532% Stockton 306,999 $ 479,869 0.56430365% Tracy 85,296 $ 133,326 0.15678501% Unincorporated 147,022 $ 229,810 0.27024535% San Luis Obispo 274,293 $ 887,936 1.04417096% Arroyo Grande 17,428 $ 100,000 0.11759532% Atascadero 29,169 $ 100,000 0.11759532% El Paso de Robles 30,522 $ 100,000 0.11759532% Grover Beach 13,144 $ 100,000 0.11759532% Morro Bay 10,284 $ 100,000 0.11759532% Pismo Beach 7,711 $ 100,000 0.11759532% Ban Luls Obispo 45,802 $ 100,000 0.11759532% Unincorporated 120,233 $ 187,936 0.22100372% ATTACHMENT II 2015-16 Enhancing Law Enforcement Activities Subaccount Citizens' Option for Public Safety Front-line Law Enforcement Allocation for 2015.16 CltylCounty City/County Population Estimates 1/1/2015 753,123� Projected Allocations by City/County $ 2,366,321 Percent of Allocation by City/County 2.77092306% San Mateo Atherton 6,935 $ 100,000 0.11759532% Belmont 26,748 $ 100,000 0.11759532% Brisbane 4,541 $ 100,000 0.11759532% Burlingame 29,890 $ 100,000 0.11759532% Broadmoor Police Protection District - $ 100,000 0.11759532% Colma 1,480 $ 100,000 0.11759532% Daly City 105,810 $ 165,391 0.19449239% East Palo Alto 29,137 $ 100,000 0.11759532% Foster City 32,390 $ 100,000 0.11759532% Hats Moon Bay 12,051 $ 100,000 0.11759532% Hillsborough 11,420 $ 100,000 0.11759532% Menlo Paris 33,273 $ 100,000 0.11759532% Millbrae 22,898 $ 100,000 0.11759532% Pacifica 38,551 $ 100,000 0.11759532% Portola Valley 4,527 $ 100,000 0.11759532% Redwood City 81,838 $ 127,921 0.15042876% San Bruno 44,409 $ 100,000 0.11759632% San Carlos 29,449 $ 100,000 0.11759532% San Mateo 101,429 $ 158,543 0.18643954% South San Francisco 66,193 $ 103,466 0.12167125%• Woodside 5,539 $ 100,000 0.11759532% Unincorporated 64,615 $ 100,999 0.11877068% Santa Barbara 437,643 $ 1,119,303 1.31624787% Bueilton 4,931 $ 100,000 0.11759532% Carpinteria 13,547 $ 100,000 0.11759532% Goleta 30,765 $ 100,000 0.11759532% Guadalupe 7,205 $ 100,000 0.11759532% Lompoc 43,479 $ 100,000 0.11759532% Santa Barbara 91,088 $ 142,379 0.16743146% Santa Maria 102,087 $ 159,572 0.18764903% sotvang 5,489 $ 100,000 0.11759532% Unincorporated 139,052 $ 217,352 0.25559546% Santa Clara 1,889,638 $ 3,385,502 3.98119192% Campbell 41,857 $ 100,000 0.11759532% Cupertino 59,756 $ 100,000 0.11759532% Gilroy 53,000 $ 100;000 0.11759532% Los Altos 30,036 $ 100,000 0.11759532% Los Altos Hills 8,341 $ 100,000 0.11759532% Los Gatos 30,505 $ 100,000 0.11759532% Milpitas 72,606 $ 113,490 0.13345917% Monte Sereno 3,451 $ 100,000 0.11759532% Morgan HIII 41,779 $ 100,000 0.11759532% Mountain View 77,914 $ 121,787 0.14321595% Palo Alto 66,932 $ 104,621 0.12302962% 1.88841914% San dose 1,016,479 $ 1,588,855 Santa Clara 120,973 $ 189,093 0.22236394% Saratoga 30,799 $ 100,000 0.11759532% Sunnyvale 148,028 $ 231,382 0.27209450% Unincorporated 87,182 $ 136,274 0.16025172% ATTACHMENT II 2015-16 Enhancing Law Enforcement Activities Subaccount Citizens' Option for Public Safety Front-line Law Enforcement Allocation for 2015-16 City/County City/County Population Estimates 111/2015 Projected Allocations by City/County $ 609,127 Percent of Allocation by City/County 0.71630451% Santa Cruz 271,646 Capltola 10,052 $ 100,000 0.11759532% santaCruz 63,789 $ 100,000 0.11759532% Scotts Valley 11,928 $ 100,000 0.11759532% Watsonville 52,087 $ 100,000 0.11759532% Unincorporated 133,790 $ 209,127 0.24592323% Shasta 178,673 $ 447,670 0.62632080% Anderson 10,269 $ 100,000 0.11759532% Redding 9'4110 $ 142,414 0.16747190% Shasta Lake 10,020 $ . 100,000 0.11759532% Unincorporated 67,274 $ 105,156 0.12365826% Sierra 3,105 $ 200,000 0.23519064% Loyalton 733 $ 100,000 0.11759532% Unincorporated 2,372` $ 100,000 0.11759532% Siskiyou 45,119 $ 1,100,000 1.29364852% Donis 939 $ 100,000 0.11759532% Dunsmulr 1,647 $ 100,000 0.11759532% Etna 741 $ 100,000 0.11759532% Fort Jones 716 $ 100,000 0.11759532% Lake Shastlna Community Services District - $ • 100,000 0.11759532% Montague 1,438 $ 100,000 0.11759532% Mount Shasta 3,394 $ 100,000 0.11759532% Tuielake 1,013 $ 100,000. 0.11759532% Weed 2,699 $ 100,000 0.11759532% Yreka 7,849 $ 100,000 0.11759532% Unincorporated 24,683 $ 100,000 0.11759532% Solano 429,552 $ 1,010,001 1.18771384% Benfda 27,689 $ 100,000 0.11759532% Dixon 19,158 $ 100,000 0.11759532% Fairfield 111,891 $ 174,896 0.20567005% Rio Vista 8,193 $ 100,000 0.11759532% Suisun City 28,888 $ 100,000 0.11759532% Vacaville 94,702 $ 148,028 0.17407445% Vallejo 119,683 $ 187,076 0.21999274% Unincorporated 19,348 $ 100,000 0.11759532% Sonoma 496,263 $ 1,303,505 1.53286054% Cloverdale 8,708 $ 100,000 0.11759532% Cotes 7,346 $ 100,000 0.11759532% Healdsburg 11,687 $ 100,000 0.11759532% Petaluma 59,540 $ 100,000 0.11759532% Rohnert Park 41,077 $ 100,000 0.11759532% Santa Rosa 173,071 $ 270,527 0.31812675% Sebastopol 7,507 $ 100,000 0.11759532% Sonoma 10,933 $ 100,000 0.11759532% Windsor 27,335 $ 100,000 0.11759532% Unincorporated 149,049 $ 232,978 0.27397123% Stanlslaus 632,297 $ 1,313,195 1.54425590% Ceres 46,989 $ 100,000 0.11759532% Hughson 7,222 $ 100,000 0,11759532% Modesto 209,186 $ 326,978 0.38451077% ATTACHMENT II 2015-16 Enhancing Law Enforcement Activities Subaccount Citizens' Option for Public Safety Front-line Law Enforcement Allocation for 2015.16 City/County City/County Population Estimates 111/2015 Projected Allocations by City/County $ 100,000 Percent of Allocation by City/County 0.11759532% Newman 10,753 Oakdale 21,773 $ 100,000 0.11759532% Patterson 21,094 $ 100,000 0.11759532% Riverbank 23,485 $ 100,000 0.11759532% Turlock 71,043 $ 111,047 0.13058617% Waterford 8,888 $ 100,000 0.11759532% Unincorporated 112,086 $ 175,170 020599172% Sutter 95,948 $ 303,732 0.35717437% Live Oak 8,546 $ 100,000 0.11759532% 0.12198373% Yuba City 66,363 $ 103,732 Unincorporated 21,039 $ 100,000 0.11759532% Tehama 64,323 $ 400,000 0.47038128% Coming 7,638 $ 100,000 0.11759532% Red Bluff 14,260 $ 100,000 0.11759532% Tehama 420 $ 100,000 0.11759532% Unincorporated 42,005 $ 100,000 0.11759532% Trinity • 13,571 $ 100,000 0.11759532% Unincorporated 13,571 $ 100,000 0.11759532% Tulare 462,189 $ 1,134,772 1.33443904% Dtnuba 23,966 $ 100,000 0.11759532% Exeter 10,572 $ • 100,000 0.11759532% Farmersvllle 10,908 $ 100,000 0.11759532% Undsay 12,678 $ 100,000 0.11759532% Porterville 55,852 $ 100,000 0.11759532% Tulare 62,363 $ 100,000 0.11759532% Visalia 130,753 $ 204,380 0.24034083% Woodlake 7,702 $ 100,000 0.11759532% Unincorporated 147,395 $ 230,393 0.27093097% Tuolumne 54,337 $ 200,000 0.23519064% Sonora 4,879 $ 100,000 0.11759532% Unincorporated 49,458 $ 100,000 0.11759532% Ventura 848,073 $ 1,650,391 1.94078229% Camarillo 67,154 $ 104,968 0.12343769% Fillmore 15,441 $ 100,000 0.11759532% Moorpark 35,727 $ 100,000 0.11759532% Ojai 7,612 $ 100,000 0.11759532% Oxnard 206,148 $ 322,229 0.37892654% Port Hueneme 22,768 $ 100,000 0.11759532% San Buenaventura 109,338 $ 170,906 0.20097731 % Santa Paula 30,556 $ 100,000 0.11759532% Simi Valley 126,483 _ $ 197,705 0.23249202% Thousand Oaks 129,349 $ 202,185 0.23776010% Unincorporated 97,497 $ 152,397 0.17921203% Yolo 209,393 $ 504,348 0.59308923% 0.12270795% Davis 86,757 $ 104,348 West Sacramento 51,272 $ 100,000 0.11759532% Winters • 8,954 $ 100,000 0.11759532% Woodland 57,525 $ 100,000 0.11759532% Unincorporated 26,885 $ 100,000 0.11759532% Yuba 74,076 $ 300,000 0.35278596% ATTACHMENT II 2015-16 Enhancing Law Enforcement Activities Subaccount Citizens' Option for Public Safety Front-line Law Enforcement Allocation for 2015-16 City/County CIty/County Population Estimates 1/1/2015 Projected Allocations by Clty/County $ 100,000 Percent of Allocatlonby City/County 0.11759532% Marysville 12,051 Wheatland 3,437 $ 100,000 0.11759532% Unincorporated 58,588 $ 100,000 0.11759532% CALIFORNIA TOTAL 3%714,725 $ 85,037,400 100.00000000% CALIFORNIA CITY TOTAL 32,237,899 $ 73,261,375 88.16194652% ATTACHMENT II 2014-15 Enhancing Law Enforcement Activities Growth Special Account Citizens' Option for Public Safety Front-line Law Enforcement Allocation for 2014-15 ATTACHMENT II City/County City/County Population Estimates 1/1/2014 Projected Allocations by City/County Percent of Allocation by City/County Alameda 1,573,254 $ 404,583.85 3.25464074% Alameda 75,988 $ 17,542.02 0.14111527% Albany 18,472 $ 14,618.25 0.11759532% Berkeley 117,372 $ _ 27,095.61 0.21796839% Dublin 53,462 $ 14,618.25 0.11759532% Emeryville 10,491 $ 14,618.25 0.11759532% Fremont 223,972 $ 51,704.48 0.41593238% Hayward 151,037 $ 34,867.26 0.28048675% Livermore 84,852 $ 19,588.29 0.15757637% Newark 43,856 $ 14,618.25 0.11759532% Oakland 404,355 $ 93,346.34 0.75091680% Piedmont 11,023 $ 14,618.25 0.11759532% Pleasanton 73,067 $ 16,867.70 0.13569076% San Leandro 87,691 $ 20,243.68 0.16284860% Union City 72,155 $ 16,657.16 0.13399711% Unincorporated 145,461 $ 33,580.03 0.27013171% Alpine 1,079 $ 14,618.25 0.11759532% Unincorporated 1,079 $ 14,618.25 0.11759532% Amador 36,151 $ 87,709.53 0.70557192% Amador 179 $ 14,618.25 0.11759532% lone 6,759 $ 14,618.25 0.11759532% Jackson 4,545 $ 14,618.25 0.11759532% Plymouth 976 $ 14,618.25 0.11759532% Sutter Creek 2,442 $ 14,618.25 0.11759532% Unincorporated _ 21,250 $ 14,618.25 0.11759532% Butte 222,316 $ 98,134.39 0.78943387% Biggs 1,684 $ 14,618.25 0.11759532% Chico 88,389 $ 20,404.82 0.16414484% Gridley 6,739 $ 14,618.25 0.11759532% Oroville 15,980 $ 14,618.25 0.11759532% Paradise 26,109 $ 14,618.25 0.11759532% Unincorporated 83,415 $ 19,256.56 0.15490775% Calaveras 44,650 $ 29,236.51 0.23519064% Angels City 3,726 $ 14,618.25 0.11759532% Unincorporated 40,924 $ 14,618.25 0.11759532% Colusa 21,660 $ 43,854.76 0.35278596% Colusa 6,171 $ 14,618.25 0.11759532% Williams 5,363 $ 14,618.25 0.11759532% Unincorporated 10,126 $ 14,618.25 0.11759532% Contra Costa 1,087,008 $ 369,280.60 2.97064676% Antioch 106,455 $ 24,575.40 0.19769472% Brentwood 54,741 $ 14,618.25 0.11759532% Clayton 11,200 $ 14,618.25 0.11759532% Concord 124,656 $ 28,777.14 0.23149531% Danville 43,146 $ 14,618.25 0.11759532% El Cerrito 24,087 $ 14,618.25 0.11759532% Hercules 24,572 $ 14,618.25 0.11759532% Kensington Police Protection $ 14,618.25 0.11759532% Lafayette 24,659 $ 14,618.25 0.11759532% Martinez 36,842 $ 14,618.25 0.11759532% 2014-15 Enhancing Law Enforcement Activities Growth Special Account Citizens' Option for Public Safety Front-line Law Enforcement Allocation for 2014-15 ATTACHMENT II City/County City/County Population Estimates 1/1/2014 Projected Allocations by City/County Percent of Allocation by City/County 0.11759532% Moraga 16,348 $ 14,618.25 Oakley 38,075 $ 14,618.25 0.11759532% Orinda 18,089 $ 14,618.25 0.11759532% Pinole 18,794 $ 14,618.25 0.11759532% Pittsburg 66,368 $ 15,321.22 0.12325023% Pleasant Hill 33,872 $ 14,618.25 0.11759532% Richmond 106,138 $ 24,502.22 0.19710603% San Pablo 29,465 $ 14,618.25 0.11759532% San Ramon 77,270 $ 17,837.97 0.14349604% Walnut Creek 66,183 $ 15,278.51 0.12290667% Unincorporated 166,048 $ 38,332.59 0.30836328% Del Norte 28,131 $ 29,236.51 0.23519064% Crescent City 6,935 $ 14,618.25 0.11759532% Unincorporated 21,196 $ 14,618.25 0.11759532% El Dorado 182,404 $ 63,972.42 0.51462072% Placerville 10,527 $ 14,618.25 0.11759532% South Lake Tahoe 21,409 $ 14,618.25 0.11759532% Unincorporated 150,468 $ 34,735.91 0.27943008% Fresno 964,040 $ 371,786.75 2.99080727% Clovis 102,188 $ 23,590.35 0.18977059% Coalinga 16,467 $ 14,618.25 0.11759532% Firebaugh 7,809 $ 14,618.25 0.11759532% Fowler 5,883 $ 14,618.25 0.11759532% Fresno 515,609 $ 119,029.60 0.95752362% Huron 6,843 $ 14,618.25 0.11759532% Kerman 14,339 $ 14,618.25 0.11759532% Kingsburg 11,685 $ 14,618.25 0.11759532% Mendota 11,225 $ 14,618.25 0.11759532% Orange Cove 9,410 $ 14,618.25 0.11759532% Parlier 15,019 $ 14,618.25 0.11759532% Reedley 25,122 $ 14,618.25 0.11759532% Sanger 24,908 $ 14,618.25 0.11759532% San Joaquin 4,056 $ 14,618.25 0.11759532% Selma 23,977 $ 14,618.25 0.11759532% Unincorporated 169,500 $ 39,129.49 0.31477390% Glenn 28,353 $ 43,854.76 0.35278596% Orland 7,683 $ 14,618.25 0.11759532% Willows 6,154 $ 14,618.25 0.11759532% Unincorporated 14,516 $ 14,618.25 0.11759532% Humboldt 134,648 $ 118,898.83 0.95647166% Arcata 17,734 $ 14,618.25 0.11759532% Blue Lake 1,251 $ 14,618.25 0.11759532% Eureka 26,914 $ 14,618.25 0.11759532% Ferndale 1,357 $ 14,618.25 0.11759532% Fortuna 11,902 $ 14,618.25 0.11759532% Rio Dell 3,347 $ 14,618.25 0.11759532% Trinidad 361 $ 14,618.25 0.11759532% Unincorporated 71,782 $ 16,571.05 0.13330442% Imperial 180,672 $ 116,946.04 0.94076256% Brawley 25,897 $ 14,618.25 0.11759532% 2014-15 Enhancing Law Enforcement Activities Growth Special Account ATTACHMENT II Citizens' Option for Public Safety Front-line Law Enforcement Allocation for 2014-15 City/County City/County Population Estimates 1/1/2014 Projected Allocations by City/County Percent of Allocation by City/County Calexico 40,564 $ 14,618.25 0.11759532% Calipatria 7,517 $ 14,618.25 0.11759532% El Centro 44,311 $ 14,618.25 0.11759532% Holtville 6,154 $ 14,618.25 0.11759532% Imperial 16,708 $ 14,618.25 0.11759532% Westmorland 2,301 $ 14,618.25 0.11759532% Unincorporated 37,220 $ 14,618.25 0.11759532% Inyo 18,590 $ 29,236.51 0.23519064% Bishop 3,875 $ 14,618.25 0.11759532% Unincorporated 14,715 $ 14,618.25 0.11759532% Kern 873,092 $ 331,828.05 2.66936289% Arvin 20,226 $ 14,618.25 0.11759532% Bakersfield 367,315 $ 84,795.57 0.68213082% Bear Valley Community Services District $ 14,618.25 0.11759532% California City 13,276 $ 14,618.25 0.11759532% Delano 52,591 $ 14,618.25 0.11759532% Maricopa 1,180 $ 14,618.25 0.11759532% McFarland 13,745 $ 14,618.25 0.11759532% Ridgecrest 28,638 $ 14,618.25 0.11759532% Shafter 17,461 $ 14,618.25 0.11759532% Stallion Springs Community Services District $ 14,618.25 0.11759532% Taft 8,942 $ 14,618.25 0.11759532% Tehachapi 13,346 $ 14,618.25 0.11759532% Wasco 26,159 $ 14,618.25 0.11759532% Unincorporated 310,213 $ 71,613.43 0.57608823% Kings 150,181 $ 73,091.27 0.58797660% Avenel 13,239 $ 14,618.25 0.11759532% Corcoran 22,515 $ 14,618.25 0.11759532% Hanford 55,283 $ 14,618.25 0.11759532% Lemoore 25,281 $ 14,618.25 0.11759532% Unincorporated 33,863 $ 14,618.25 0.11759532% Lake 64,699 $ 43,854.76 0.35278596% Clearlake 15,194 $ 14,618.25 0.11759532% Lakeport 4,807 $ 14,618.25 0.11759532% Unincorporated 44,698 $ 14,618.25 0.11759532% Lassen 32,581 $ 29,236.51 0.23519064% Susanvilie 15,832 $ 14,618.25 0.11759532% Unincorporated 16,749 $ 14,618.25 0.11759532% Los Angeles 10,041,797 $ 2,797,275.96 22.50245131% Agoura Hills 20,625 $ 14,618.25 0.11759532% Alhambra 84,697 $ 19,552.51 0.15728852% Arcadia 57,500 $ 14,618.25 0.11759532% Artesia 16,776 $ 14,618.25 0.11759532% Avalon 3,820 $ 14,618.25 0.11759532% Azusa 48,385 $ 14,618.25 0.11759532% Baldwin Park 76,715 $ 17,709.85 0.14246536% Bell 35,972 $ 14,618.25 0.11759532% Bellflower 77,741 $ 17,946.70 0.14437072% Bell Gardens 42,667 $ 14,618.25 0.11759532% 2014-15 Enhancing Law Enforcement Activities Growth Special Account ATTACHMENT II Citizens' Option for Public Safety Front-line Law Enforcement Allocation for 2014-15 City/County City/County Population Estimates 1/1/2014 Projected Allocations by City/County Percent of Allocation by City/County Beverly Hills 34,677 $ 14,618.25 0.11759532% Bradbury 1,082 $ 14,618.25 0.11759532% Burbank 105,543 $ 24,364.86 0.19600107% Calabasas 23,943 $ 14,618.25 0.11759532% Carson 92,636 $ 21,385.25 0.17203183% Cerritos 49,741 $ 14,618.25 0.11759532% Claremont 35,920 $ 14,618.25 0.11759532% Commerce 13,003 $ 14,618.25 0.11759532% Compton 98,082 $ 22,642.47 0.18214545% Covina 48,619 $ 14,618.25 0.11759532% Cudahy 24,142 $ 14,618.25 0.11759532% Culver City 39,579 $ 14,618.25 0.11759532% Diamond Bar 56,400 $ 14,618.25 0.11759532% Downey 113,363 $ 26,170.13 0.21052338% Duarte 21,668 $ 14,618.25 0.11759532% El Monte 115,064 $ 26,562.81 0.21368226% El Segundo 16,897 $ 14,618.25 0.11759532% Gardena 60,082 $ 14,618.25 0.11759532% Glendale 195,799 $ 45,200.68 0.36361306% Glendora 51,290 $ 14,618.25 0.11759532% Hawaiian Gardens 14,456 $ 14,618.25 0.11759532% Hawthome 86,644 $ 20,001.98 0.16090424% Hermosa Beach 19,750 $ 14,618.25 0.11759532% Hidden Hills 1,901 $ 14,618.25 0.11759532% Huntington Park 59,033 $ 14,618.25 0.11759532% Industry 438 $ 14,618.25 0.11759532% Inglewood 111,795 $ 25,808.15 0.20761149% Irwindale 1,466 $ 14,618.25 0.11759532% La Canada Flintridge 20,535 $ 14,618.25 0.11759532% La Habra Heights 5,420 $ 14,618.25 0.11759532% Lakewood 81,224 $ 18,750.76 0.15083891% La Mirada 49,178 $ 14,618.25 0.11759532% Lancaster 159,878 $ 36,908.23 0.29690514% La Puente 40,478 $ 14,618.25 0.11759532% La Verne 32,228 $ 14,618.25 0.11759532% Lawndale 33,228 $ 14,618.25 0.11759532% Lomita 20,630 $ 14,618.25 0.11759532% Long Beach 470,292 $ 108,568.06 0.87336663% Los Angeles 3,904,657 $ 901,399.49 7.25123245% Lynwood 70,980 $ 16,385.91 0.13181505% Malibu 12,865 $ 14,618.25 0.11759532% Manhattan Beach 35,619 $ 14,618.25 0.11759532% Maywood 27,758 $ 14,618.25 0.11759532% Monrovia 37,162 $ 14,618.25 0.11759532% Montebello 63,527 $ 14,665.36 0.11797428% Monterey Park 61,777 $ 14,618.25 0.11759532% Norwalk 106,630 $ 24,615.80 0.19801971% Palmdale 155,657 $ 35,933.80 0.28906643% Palos Verdes Estates 13,665 $ 14,618.25 0.11759532% Paramount 55,051 $ 14,618.25 0.11759532% 2014-15 Enhancing Law Enforcement Activities Growth Special Account Citizens' Option for Public Safety Front-line Law Enforcement Allocation for 2014-15 ATTACHMENT II City/County City/County Population Estimates 1/1/2014 Projected Allocations by City/County Percent of Allocation by City/County Pasadena 140,879 $ 32,522.26 0.26162261% Pico Rivera 63,873 $ 14,745.24 0.11861683% Pomona 151,713 $ 35,023.32 0.28174214% Rancho Palos Verdes 42,358 $ 14,618.25 0.11759532% Redondo Beach 67,717 $ 15,632.64 0.12575542% Rolling Hills 1,895 $ 14,618.25 \ 0.11759532% Rolling Hills Estates 8,184 $ 14,618.25 , 0.11759532% Rosemead 54,762 $ 14,618.25 0.11759532% San Dimas 34,072 $ 14,618.25 0.11759532% San Femando 24,222 $ 14,618.25 0.11759532% San Gabriel 40,313 $ 14,618.25 0.11759532% San Marino 13,341 $ 14,618.25 0.11759532% Santa Clarita 209,130 $ 48,278.17 0.38836970% Santa Fe Springs 17,349 $ 14,618.25 0.11759532% Santa Monica 92,185 $ 21,281.13 0.17119429% Sierra Madre 11,094 $ 14,618.25 0.11759532% Signal Hill 11,411 $ 14,618.25 0.11759532% South El Monte 20,426 $ 14,618.25 0.11759532% South Gate 96,057 $ 22,174.99 0.17838487% South Pasadena 26,011 $ 14,618.25 0.11759532% Temple City 36,134 $ 14,618.25 0.11759532% Torrance 147,706 $ 34,098.29 0.27430084% Vemon 122 $ 14,618.25 0.11759532% Walnut 30,112 $ 14,618.25 0.11759532% West Covina 107,828 $ 24,892.36 0.20024448% West Hollywood 35,072 $ 14,618.25 0.11759532% Westlake Village 8,386 $ 14,618.25 0.11759532% Whittier 86,538 $ 19,977.51 0.16070739% Unincorporated 1,046,557 $ 241,600.25 1.94353288% Madera 153,897 $ 45,838.96 0.36874763% Chowchilla 18,971 $ 14,618.25 0.11759532% Madera 63,008 $ 14,618.25 0.11759532% Unincorporated 71,918 $ 16,602.45 0.13355699% Marin 255,846 $ 176,429.05 1.41926866% Belvedere 2,094 $ 14,618.25 0.11759532% Corte Madera 9,381 $ 14,618.25 0.11759532% Fairfax 7,541 $ 14,618.25 0.11759532% Larkspur 12,102 $ 14,618.25 0.11759532% Mill Valley 14,257 $ 14,618.25 0.11759532% Novato 52,967 $ 14,618.25 0.11759532% Ross 2,461 $ 14,618.25 0.11759532% San Anselmo 12,514 $ 14,618.25 0.11759532% San Rafael 58,566 $ 14,618.25 0.11759532% Sausalito 7,175 $ 14,618.25 0.11759532% Tiburon 9,090 $ 14,618.25 0.11759532% Unincorporated 67,698 $ 15,628.25 0.12572014% Mariposa 18,467 $ 14,618.25 0.11759532% Unincorporated 18,467 $ 14,618.25 0.11759532% Mendocino 89,029 $ 73,091.27 0.58797660% Fort Bragg 7,350 $ 14,618.25 0.11759532% 2014-15 Enhancing Law Enforcement Activities Growth Special Account Citizens' Option for Public Safety Front-line Law Enforcement Allocation for 2014-15 ATTACHMENT II City/County City/County Population Estimates 1/112014 Projected Allocations by City/County $ 14,618.25 Percent of Allocation by City/County 0.11759532% Point Arena 454 Ukiah 16,185 $ 14,618.25 0.11759532% Willits 4,937 $ 14,618.25 0.11759532% Unincorporated 60,103 $ 14,618.25 0.11759532% Merced 264,922 $ 113,308.77 0.91150288% Atwater 29,050 $ 14,618.25 0.11759532% Dos Palos 5,050 $ 14,618.25 0.11759532% Gustine 5,648 $ 14,618.25 0.11759532% Livingston 13,793 $ 14,618.25 0.11759532% Los Banos 37,168 $ 14,618.25 0.11759532% Merced 81,130 $ 18,729.06 0.15066434% Unincorporated 93,083 $ 21,488.44 0.17286194% Modoc 9,197 $ 29,236.51 0.23519064% Allures 2,668 $ 14,618.25 0.11759532% Unincorporated 6,529 $ 14,618.25 0.11759532% Mono 14,143 $ 29,236.51 0.23519064% Mammoth Lakes 8,098 $ 14,618.25 0.11759532% Unincorporated 6,045 $ 14,618.25 0.11759532% Monterey 425,756 $ 220,568.96 1.77434.846% Carmel -by -the -Sea 3,722 $ 14,618.25 0.11759532% Del Rey Oaks 1,665 $ 14,618.25 0.11759532% Gonzales 8,383 $ 14,618.25 0.11759532% Greenfield 16,919 $ 14,618.25 0.11759532% King City 13,211 $ 14,618.25 0.11759532% Marina 20,268 $ 14,618.25 0.11759532% Monterey 28,381 $ 14,618.25 0.11759532% Pacific Grove 15,431 $ 14,618.25 0.11759532% Salinas 155,205 $ 35,829.45 0.28822703% Sand City 343 $ 14,618.25 0.11759532% Seaside 33,534 $ 14,618.25 0.11759532% Soledad 24,997 $ 14,618.25 0.11759532% Unincorporated 103,697 $ 23,938.71 0.19257291% Napa 139,255 $ 91,180.41 0.73349314% American Canyon 20,001 $ 14,618.25 0.11759532% Calistoga 5,224 $ 14,618.25 0.11759532% Napa 78,358 $ 18,089.14 0.14551654% St Helena 5,943 $ 14,618.25 0.11759532% Yountville 3,017 $ 14,618.25 0.11759532% Unincorporated 26,712 $ 14,618.25 0.11759532% Nevada 97,225 $ 58,989.45 0.47453567% Grass Valley 12,668 $ 14,618.25 0.11759532% Nevada City 3,016 $ 14,618.25 0.11759532% Truckee 15,981 $ 14,618.25 0.11759532% Unincorporated 65,560 $ 15,134.69 0.12174971% Orange 3,113,991 $ 829,264.91 6.67095188% Aliso Viejo 49,951 $ 14,618.25 0.11759532% Anaheim 348,305 $ 80,407.06 0.64682786% Brea 42,397 $ 14,618.25 0.11759532% Buena Park 82,344 $ 19,009.31 0.15291883% Costa Mesa 111,846 $ 25,819.92 0.20770620% 2014-15 Enhancing Law Enforcement Activities Growth Special Account ATTACHMENT II Citizens' Option for Public Safety Front-line Law Enforcement Allocation for 2014-15 City/County City/County Population Estimates 1/1/2014 Projected Allocations by City/County Percent of Allocation by City/County Cypress 48,886 $ 14,618.25 0.11759532% Dana Point 34,037 $ 14,618.25 0.11759532% Fountain Valley 56,702 $ 14,618.25 0.11759532% Fullerton 140,131 $ 32,349.58 0.26023351% Garden Grove 173,953 $ 40,157.48 0.32304344% Huntington Beach 195,999 $ 45,246.85 0.36398448% Irvine 242,651 $ 56,016.58 0.45062065% Laguna Beach 23,225 $ 14,618.25 0.11759532% Laguna Hills 30,857 $ 14,618.25 0.11759532% Laguna Niguel 64,460 $ 14,880.75 0.11970693% Laguna Woods 16,581 $ 14,618.25 0.11759532% La Habra 61,717 $ 14,618.25 0.11759532% Lake Forest 79,139 $ 18,269.43 0.14696691% La Palma 15,896 $ 14,618.25 0.11759532% Los Alamitos 11,729 $ 14,618.25 0.11759532% Mission Viejo 95,334 $ 22,008.09 0.17704221% Newport Beach 86,874 $ 20,055.08 0.16133137% Orange 139,279 $ 32,152.90 0.25865129% Placentia 52,094 $ 14,618.25 0.11759532% Rancho Santa Margarita 48,834 $ 14,618.25 0.11759532% San Clemente 64,874 $ 14,976.32 0.12047576% San Juan Capistrano 35,900 $ 14,618.25 0.11759532% Santa Ana 331,953 $ 76,632.16 0.61646100% Seal Beach 24,591 $ 14,618.25 0.11759532% Stanton 38,963 $ 14,618.25 0.11759532% Tustin 78,360 $ 18,089.60 0.14552025% Villa Park 5,935 $ 14,618.25 0.11759532% Westminster 91,652 $ 21,158.09 0.17020447% Yorba Linda 67,069 $ 15,483.04 0.12455204% Unincorporated 121,473 $ 28,042.34 0.22558424% Placer 366,115 $ 128,225.07 1.03149581% Aubum 13,804 $ 14,618.25 0.11759532% Colfax 1,998 $ 14,618.25 0.11759532% Lincoln 45,206 $ 14,618.25 0.11759532% Loomis 6,608 $ 14,618.25 0.11759532% Rocklin 59,672 $ 14,618.25 0.11759532% Roseville 126,956 $ 29,308.10 0.23576658% Unincorporated 111,871 $ 25,825.69 0.20775263% Plumas 19,140 $ 29,236.51 0.23519064% Portola 1,982 $ 14,618.25 0.11759532% Unincorporated 17,158 $ 14,618.25 0.11759532% Riverside 2,279,967 $ 647,787.86 5.21107500% Banning 30,325 $ 14,618.25 0.11759532% Beaumont 40,876 $ 14,618.25 0.11759532% Blythe 18,992 $ 14,618.25 0.11759532% Calimesa 8,231 $ 14,618.25 0.11759532% Canyon Lake 10,826 $ 14,618.25 0.11759532% Cathedral City 52,595 $ 14,618.25 0.11759532% 1 Coachella 43,633 $ 14,618.25 0.11759532% Corona 159,132 $ 36,736.01 0.29551976% 2014-15 Enhancing Law Enforcement Activities Growth Special Account Citizens' Option for Public Safety Front-line Law Enforcement Allocation for 2014-15 ATTACHMENT II City/County City/County Population Estimates 1/1/2014 Projected Allocations by City/County Percent of Allocation by City/County Desert Hot Springs 28,001 $ 14,618.25 0.11759532% Eastvale 59,185 $ 14,618.25 0.11759532% Hemet 81,537 $ 18,823.02 0.15142017% Indian Wells 5,137 $ 14,618.25 0.11759532% Indio 82,398 $ 19,021.78 0.15301911% Jurupa Valley 97,774 $ 22,571.37 0.18157347% Lake Elsinore 56,718 $ 14,618.25 0.11759532% La Quinta 39,032 $ 14,618.25 0.11759532% Menitee 83,716 $ 19,326.04 0.15546673% Moreno Valley 199,258 $ 45,999.20 0.37003668% Murrieta 106,425 $ 24,568.47 0.19763901% Norco 26,582 $ 14,618.25 0.11759532% Palm Desert 50,417 $ 14,618.25 0.11759532% Palm Springs 46,135 $ 14,618.25 0.11759532% Perris 72,103 $ 16,645.15 0.13390054% Rancho Mirage 17,745 $ 14,618.25 0.11759532% Riverside 314,034 $ 72,495.52 0.58318410% San Jacinto 45,563 $ 14,618.25 0.11759532% Temecula 106,289 $ 24,537.08 0.19738645% Wildomar 33,718 $ 14,618.25 0.11759532% Unincorporated 363,590 $ 83,935.64 0.67521322% Sacramento 1,454,406 $ 359,194.38 2.88950897% Citrus Heights 84,544 $ 19,517.19 0.15700439% Elk Grove 160,688 $ 37,095.22 0.29840937% Folsom 74,014 $ 17,086.31 0.13744941% Galt 24,289 $ 14,618.25 0.11759532% Isleton 815 $ 14,618.25 0.11759532% Rancho Cordova 67,839 $ 15,660.80 0.12598198% Sacramento 475,122 $ 109,683.08 0.88233630% Unincorporated 567,095 $ 130,915.27 1.05313688% San Benito 57,517 $ 43,854.76 0.35278596% Hollister 36,676 $ 14,618.25 0.11759532% San Juan Bautista 1,905 $ 14,618.25 0.11759532% Unincorporated 18,936 $ 14,618.25 0.11759532% San Bernardino 2,085,669 $ 576,915.55 4.64094868% Adelanto 32,511 $ 14,618.25 0.11759532% Apple Valley 70,755 $ 16,333.97 0.13139721% Barstow 23,292 $ 14,618.25 0.11759532% Big Bear lake 5,121 $ 14,618.25 0.11759532% Chino 81,747 $ 18,871.50 0.15181016% Chino Hills 76,131 $ 17,575.03 0.14138083% Colton 53,057 $ 14,618.25 0.11759532% Fontana 202,177 $ 46,673.06 0.37545747% Grand Terrace 12,285 $ 14,618.25 0.11759532% Hesperia 91,506 $ 21,124.38 0.16993333% Highland 54,033 $ 14,618.25 0.11759532% Loma Linda 23,614 $ 14,618.25 0.11759532% Montclair 37,374 $ 14,618.25 0.11759532% Needles 4,908 $ 14,618.25 0.11759532% Ontario 167,382 $ 38,640.54 0.31084061% 2014-15 Enhancing Law Enforcement Activities Growth Special Account Citizens' Option for Public Safety Front-line Law Enforcement Allocation for 2014-15 ATTACHMENT II City/County City/County Population Estimates 1/1/2014 Projected Allocations by City/County Percent of Allocation by City/County Rancho Cucamonga 172,299 $ 39,775.65 0.31997184% Redlands 69,882 $ 16,132.43 0.12977598% Rialto 101,429 $ 23,415.13 0.18836107% San Bemardino 212,721 $ 49,107.16 0.39503845% Twentynine Palms 26,576 $ 14,618.25 0.11759532% Upland 75,147 $ 17,347.87 0.13955347% Victorville 120,590 $ 27,838.50 0.22394445% Yucaipa 52,654 $ 14,618.25 0.11759532% Yucca Valley 21,053 $ 14,618.25 0.11759532% Unincorporated 297,425 $ 68,661.29 0.55233997% San Diego 3,194,362 $ 796,463.42 6.40708307% Carlsbad 110,169 $ 25,432.78 0.20459189% Chula Vista 256,139 $ 59,130.32 0.47566885% Coronado 23,419 $ 14,618.25 0.11759532% Del Mar 4,234 $ 14,618.25 0.11759532% El Cajon 101,256 $ 23,375.20 0.18803980% Encinitas 61,204 $ 14,618.25 0.11759532% Escondido 147,102 $ 33,958.86 0.27317917% Imperial Beach 26,675 $ 14,618.25 0.11759532% La Mesa 58,769 $ 14,618.25 0.11759532% Lemon Grove 25,928 $ 14,618.25 0.11759532% National City 59,381 $ 14,618.25 0.11759532% Oceanside 171,183 $ 39,518.02 0.31789935% Poway 48,979 $ 14,618.25 0.11759532% San Diego 1,345,895 $ 310,703.16 2.49942544% San Marcos 90,179 $ 20,818.04 0.16746900% Santee 55,806 $ 14,618.25 0.11759532% Solana Beach 13,099 $ 14,618.25 0.11759532% Vista 96,122 $ 22,190.00 0.17850558% Unincorporated 498,823 $ 115,154.51 0.92635079% San Francisco 836,620 $ 193,135.78 1.55366452% San Francisco 836,620 $ 193,135.78 1.55366452% San Joaquin 710,731 $ 198,230.88 1.59465162% Escalon 7,323 $ 14,618.25 0.11759532% Lathrop 19,831 $ 14,618.25 0.11759532% _ Lodi 63,651 $ 14,693.99 0.11820456% Manteca 72,880 $ 16,824.53 0.13534349% Ripon 14,855 $ 14,618.25 0.11759532% Stockton 300,899 $ 69,463.27 0.55879145% Tracy 85,146 $ 19,656.16 0.15812235% Unincorporated 146,146 $ 33,738.16 0.27140381% San Luis Obispo 272,357 $ 129,862.02 1.04466407% Arroyo Grande 17,334 $ 14,618.25 0.11759532% Atascadero 28,675 $ 14,618.25 0.11759532% El Paso de Robles 30,469 $ 14,618.25 0.11759532% Grover Beach 13,153 $ 14,618.25 0.11759532% Morro Bay 10,276 $ 14,618.25 0.11759532% Pismo Beach 7,705 $ 14,618.25 0.11759532% San Luis Obispo 45,473 $ 14,618.25 0.11759532% Unincorporated 119,272 $ 27,534.23 0.22149683% 2014-15 Enhancing Law Enforcement Activities Growth Special Account Citizens' Option for Public Safety Front-line Law Enforcement Allocation for 2014-15 ATTACHMENT II City/County City/County Population Estimates 1/1/2014 Projected Allocations by City/County Percent of Allocation by City/County San Mateo 745,193 $ 344,507.32 2.77136016% Atherton 6,917 $ 14,618.25 0.11759532% Belmont 26,559 $ 14,618.25 0.11759532% Brisbane 4,431 $ 14,618.25 0.11759532% Broadmoor Police Protection District $ 14,618.25 0.11759532% Burlingame 29,685 $ 14,618.25 0.11759532% Colma 1,470 $ 14,618.25 0.11759532% Daly City 105,076 $ 24,257.05 0.19513382% East Palo Alto 28,934 $ 14,618.25 0.11759532% Foster City 32,168 $ 14,618.25 0.11759532% Half Moon Bay 11,721 $ 14,618.25 0.11759532% Hillsborough 11,260 $ 14,618.25 0.11759532% Menlo Park 32,896 $ 14,618.25 0.11759532% Millbrae 22,605 $ 14,618.25 0.11759532% Pacifica 38,292 $ 14,618.25 0.11759532% Portola Valley 4,480 $ 14,618.25 0.11759532% Redwood City 80,768 $ 18,645.49 0.14999208% San Bruno 43,223 $ 14,618.25 0.11759532% San Carlos 29,219 $ 14,618.25 0.11759532% San Mateo 100,106 $ 23,109.72 0.18590416% South San Francisco 65,710 $ 15,169.32 0.12202828% Woodside 5,496 $ 14,618.25 0.11759532% Unincorporated 64,177 $ 14,815.42 0.11918138% Santa Barbara 433,398 $ 163,669.22 1.31662325% Buellton 4,893 $ 14,618.25 0.11759532% Carpinteria 13,442 $ 14,618.25 0.11759532% Goleta 30,202 $ 14,618.25 0.11759532% Guadalupe 7,144 $ 14,618.25 0.11759532% Lompoc 43,314 $ 14,618.25 0.11759532% Santa Barbara 90,385 $ 20,865.60 0.16785155% Santa Maria 101,103 $ 23,339.87 0.18775566% Solvang 5,363 $ 14,618.25 0.11759532% Unincorporated 137,552 $ 31,754.22 0.25544412% Santa Clara 1,868,558 $ 493,960.39 3.97362285% Campbell 41,993 $ 14,618.25 0.11759532% Cupertino 59,946 $ 14,618.25 0.11759532% Gilroy 52,413 $ 14,618.25 0.11759532% Los Altos 29,969 $ 14,618.25 0.11759532% Los Altos Hills 8,354 $ 14,618.25 0.11759532% Los Gatos 30,532 $ 14,618.25 0.11759532% Milpitas 70,092 $ 16,180.91 0.13016597% Monte Sereno 3,450 $ 14,618.25 0.11759532% Morgan Hill 41,197 $ 14,618.25 0.11759532% Mountain View 76,781 $ 17,725.08 0.14258793% Palo Alto 66,861 $ 15,435.03 0.12416577% San Jose 1,000,536 $ 230,976.19 1.85806852% Santa Clara 121,229 $ 27,986.01 0.22513112% Saratoga 30,887 $ 14,618.25 0.11759532% Sunnyvale 147,055 $ 33,948.01 0.27309189% Unincorporated 87,263 $ 20,144.88 0.16205377% 2014-15 Enhancing Law Enforcement Activities Growth Special Account Citizens' Option for Public Safety Front-line Law Enforcement Allocation for 2014-15 ATTACHMENT II City/County City/County Population Estimates 1/1/2014 Projected Allocations by City/County Percent of Allocation by City/County 0.71862380% Santa Cruz 271,595 $ 89,332.00 Capitola 10,136 $ 14,618.25 0.11759532% Santa Cruz 63,440 $ 14,645.28 0.11781272% Scotts Valley 11,954 $ 14,618.25 0.11759532% Watsonville 52,508 $ 14,618.25 0.11759532% Unincorporated 133,557 $ 30,831.96 0.24802512% Shasta 179,412 $ 65,924.27 0.53032227% Anderson 10,361 $ 14,618.25 0.11759532% Redding 91,207 $ 21,055.36 - 0.16937807% Shasta Lake 10,128 $ 14,618.25 0.11759532% Unincorporated 67,716 $ 15,632.40 0.12575356% Sierra 3,089 $ 29,236.51 0.23519064% Loyalton 729 $ 14,618.25 0.11759532% Unincorporated 2,360 $ 14,618.25 0.11759532% Siskiyou 45,231 $ 160,800.80 1.29354852% Dorris 938 $ 14,618.25 0.11759532% Dunsmuir 1,645 $ 14,618.25 0.11759532% Etna 738 $ 14,618.25 0.11759532% Fort Jones 715 $ 14,618.25 0.11759532% Lake Shastina Community Services District $ 14,618.25 0.11759532% Montague 1,440 $ 14,618.25 0.11759532% Mount Shasta 3,392 $ 14,618.25 0.11759532% Tulelake 1,011 $ 14,618.25 0.11759532% Weed 2,956 $ 14,618.25 0.11759532% Yreka 7,840 $ 14,618.25 0.11759532% Unincorporated 24,556 $ 14,618.25 0.11759532% Solana 424,233 $ 147,449.08 1.18614171% Benicia 27,454 $ 14,618.25 0.11759532% Dixon 19,005 $ 14,618.25 0.11759532% Fairfield 110,018 $ 25,397.92 0.20431147% Rio Vista 7,934 $ 14,618.25 0.11759532% Suisun City 28,549 $ 14,618.25 0.11759532% Vacaville 93,613 $ 21,610.79 0.17384619% Vallejo 118,470 $ 27,349.09 0.22000745% Unincorporated 19,190 $ 14,618.25 0.11759532% Sonoma 490,486 $ 190,345.34 1.53121710% Cloverdale 8,641 $ 14,618.25 0.11759532% Cotati 7,288 $ 14,618.25 0.11759532% Healdsburg 11,541 $ 14,618.25 0.11759532% Petaluma 59,000 $ 14,618.25 0.11759532% Rohnert Park 40,722 $ 14,618.25 0.11759532% Santa Rosa 170,236 $ 39,299.40 0.31614070% Sebastopol 7,440 $ 14,618.25 0.11759532% Sonoma 10,801 $ 14,618.25 0.11759532% Windsor 27,104 $ 14,618.25 0.11759532% Unincorporated 147,713 $ 34,099.91 0.27431384% Stanislaus 526,042 $ 191,798.57 1.54290750% Ceres 46,463 $ 14,618.25 0.11759532% Hughson 7,118 $ 14,618.25 0.11759532% Modesto 206,785 $ 47,736.82 0.38401487% 2014-15 Enhancing Law Enforcement Activities Growth Special Account ATTACHMENT II Citizens' Option for Public Safety Front-line Law Enforcement Allocation for 2014-15 City/County City/County Population Estimates 1/1/2014 Projected Allocations by City/County $ 14,618.25 Percent of Allocation by City/County 0.11759532% Newman 10,668 Oakdale 21,442 $ 14,618.25 0.11759532% Patterson 20,922 $ 14,618.25 0.11759532% Riverbank 23,243 $ 14,618.25 0.11759532% Turlock 70,132 $ 16,190.14 0.13024025% Waterford 8,619 $ 14,618.25 0.11759532% Unincorporated 110,650 $ 25,543.82 0.20548514% Sutter 95,733 $ 44,398.21 0.35715763% Live Oak - 8,481 $ 14,618.25 0.11759532% Yuba City 65,677 $ 15,161.70 0.12196699% Unincorporated 21,575 $ 14,618.25 0.11759532% Tehama 63,717 $ 58,473.02 0.47038128% Coming 7,598 $ 14,618.25 0.11759532% Red Bluff 14,131 $ 14,618.25 0.11759532% Tehama 417 $ 14,618.25 0.11759532% Unincorporated 41,571 $ 14,618.25 0.11759532% Trinity 13,389 $ 14,618.25 0.11759532% Unincorporated 13,389 $ 14,618.25 0.11759532% Tulare 459,446 $ 166,134.01 1.33645111% Dinuba 23,666 $ 14,618.25 0.11759532% Exeter 10,539 $ 14,618.25 0.11759532% Farmersville 10,932 $ 14,618.25 0.11759532% Lindsay 12,650 $ 14,618.25 0.11759532% Porterville 55,697 $ 14,618.25 0.11759532% Tulare 61,857 $ 14,618.25 0.11759532% Visalia 129,582 $ 29,914.32 0.24064325% Woodlake 7,711 $ 14,618.25 0.11759532% Unincorporated 146,812 $ 33,891.91 0.27264062% Tuolumne 53,604 $ 29,236.51 0.23519064% Sonora 4,789 $ 14,618.25 0.11759532% Unincorporated 48,815 $ 14,618.25 0.11759532% Ventura 842,967 $ 242,078.73 1.94738199% Camarillo 66,752 $ 15,409.86 0.12396335% Fillmore 15,339 $ 14,618.25 0.11759532% Moorpark 35,172 $ 14,618.25 0.11759532% Ojai 7,594 $ 14,618.25 0.11759532% Oxnard 203,645 $ 47,011.95 0.37818366% Port Hueneme 22,399 $ 14,618.25 0.11759532% San Buenaventura 108,961 $ 25,153.91 0.20234854% Santa Paula 30,448 $ 14,618.25 0.11759532% Simi Valley 126,305 $ 29,157.82 0.23455762% Thousand Oaks 129,039 $ 29,788.97 0.23963486% Unincorporated 97,313 $ 22,464.94 0.18071736% Yolo 206,381 $ 73,860.72 0.59416635% Davis 66,656 $ 15,387.70 0.12378507% West Sacramento 50,836 $ 14,618.25 0.11759532% Winters 6,979 $ 14,618.25 0.11759532% Woodland 57,223 $ 14,618.25 0.11759532% Unincorporated 24,687 $ 14,618.25 0.11759532% Yuba 73,682 $ 43,854.76 0.35278596% 2014-15 Enhancing Law Enforcement Activities Growth Special Account Citizens' Option for Public Safety Front-line Law Enforcement Allocation for 2014-15 ATTACHMENT II City/County City/County Population Estimates 1/1/2014 Projected Allocations by City/County Percent of Allocation by City/County Marysville 12,266 $ 14,618.25 0.11759532% Wheatland 3,495 $ 14,618.25 0.11759532% Unincorporated 57,921 $ 14,618.25 0.11759532% CALIFORNIA TOTAL 38,340,074 $ 12,430,983.27 100.00000000% CALIFORNIA CITY TOTAL 31,911,876 $ 10,705,691.97 86.12103914% RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING AND AUTHORIZING THE ACCEPTANCE OF A $14,618.25 FISCAL YEAR 2015 CITIZENS' OPTION FOR PUBLIC SAFETY (COPS) PROGRAM GRANT AND $100,000.00 FISCAL YEAR 2016 CITIZENS' OPTION FOR PUBLIC SAFETY (COPS) PROGRAM GRANT TO PURCHASE POLICE RADIOS, PANASONIC TOUGHBOOK COMPUTERS, ACTIVE SHOOTER PLATES AND PLATE CARRIERS, TASERS, AND OTHER ESSENTIAL POLICE EQUIPMENT AS NEEDED, AND AUTHORIZE THE ESTABLISHMENT OF AN APPROPRIATION AND CORRESPONDING REVENUE BUDGET IN THE AMOUNT OF THE GRANT WITHIN THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESF) WHEREAS, the County of San Diego ("County") notified the City of National City that it has awarded grant funding through the Supplemental Law Enforcement Services Fund (SLESF)ICitizens' Option for Public Safety (COPS) Program (the "Program") for frontline municipal police services in the amount of $14,628.25 from the Fiscal Year 2015 Program and $100,000 from the Fiscal Year 2016 Program, fora total amount of $114,618.25; and WHEREAS, the City is not required to allocate any up -front costs or matching funds in order to receive the funds; and WHEREAS, the County disbursed the quarterly funds to each city within 30 days of receipt from the State, and as of January, 2016, the City has received $114,618.25 from the County; and WHEREAS, the National City Police Department proposes to utilize the $114,618.25 in grant funds for the purchase of police radios, Panasonic Toughbook computers, active shooter plates and plate carriers, Tasers, and other essential police equipment as needed; and NOW, THEREFORE, BE 1T RESOLVED, that the City Council of the City of National City hereby ratifies the acceptance of Supplemental Law Enforcement Services Fund (SLESF)/Citizens' Option for Public Safety (COPS) Program grant funds for frontline municipal police services in the amount of $14,628.25 from the Fiscal Year 2015 Program and $100,000 from the Fiscal Year 2016 Program, for a total amount of $114,618.25. BE IT FURTHER RESOLVED that the City Council authorizes the establishment of appropriations and a corresponding revenue budget for said grant funds. PASSED and ADOPTED this 1st day of March, 2016. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CC/CDC-HA Agenda 3/1/2016 — Page 115 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, waiving the formal bid process consistent with National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City (Buyer) to piggyback 1) the State of Califo CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 1, 2016 AGENDA ITEM NO, ITEM TITLE: Resolution of the City Council of the City of National City, waiving the tormal bid process consistent with National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City (Buyer) to piggyback 1) the State of California Department of General Services Contract #1- 15-23-14B to award the purchase and build -out of eight fully equipped police vehicles to Folsom Lake Ford in an amount not to exceed $443,468.00; and 2) the County of San Diego Department of Purchasing and Contracting Contract #550743 to award the purchase of police radios for the new patrol vehicles to the Regional Communications System (RCS) vendor, Motorola Solutions, Inc., in an amount not to exceed $37,092.00. PREPARED BY: Ray Roberson, Management Analyst II PHONE: 1(619) 336-4583� EXPLANATION: See attached explanation. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATFMFN'i APPROVED: ACCOUNT NO. APPROVED: 644-411-000-511-0000 (Equipment Replacement Reserve): $480,560.00 Funds for this purchase were approved by City Council through adoption of the FY2016 budget. ENVIRONMENTAL REVIEW: 'NM ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution awarding the purchase and build -out of eight police vehicles and radios for the National City Police Department. BOARD / COMMISSION RECOMMENDATION: N/A.l ATTACHMENTS: 1, Explanation 2. Proposals/Quotes 3. State of California Department of General services contract 1-15-23-14B 4. San Diego County Department of Purchasing and Contracting RCS Contract #550743 5. Resolution Finance MIS Explanation: As part of the FY 2016 annual budget, City Council approved funding through the Equipment Replacement Reserve for the purchase of six patrol vehicles, one supervisor vehicle, and one K-9 vehicle for the National City Police Department. Staff seeks Council authority to waive the formal bid process consistent with National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorize the City (Buyer) to piggyback 1) the State of California Department of General Services Contract #1-15- 23-14B to award the purchase and build -out of eight fully equipped police vehicles to Folsom Lake Ford in an amount not to exceed $443,468.00; and 2) the County of San Diego Department of Purchasing and Contracting Contract #550743 to award the purchase of police radios for the new patrol vehicles to the Regional Communications System (RCS) vendor, Motorola Solutions, Inc., in an amount not to exceed $37,092.00. Folsom Lake Ford will subcontract with Lehr Auto Electric & Emergency Equipment for the build -out and up -fitting of the police department vehicles. NCMC Section 2.60.260 provides authority to the purchasing agent to join with other public jurisdictions to take advantage of cooperative purchasing opportunities, including but not limited to any federal, state or local agency pricing program or structure that is determined by the purchasing agent to allow a procurement that is in the best interests of the City. The purchasing agent may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined by the purchasing agent to be in substantial compliance with the City's procurement procedures, irrespective of the contracting limits of that jurisdiction or agency, even if the City had not initially joined with that public agency in the cooperative purchase. National City's purchasing staff has confirmed that both the State of California Department of General Services Contract #1-15-23-14B with Folsom Lake Ford as well as the County of San Diego Department of Purchasing and Contracting RCS Contract #550743 were competitively bid through a Request for Proposals (RFP) process, and that the respective procurement procedures are in substantial compliance with those of National City. Funding for the vehicles and radios is available through the Equipment Replacement Reserve, which will be replenished by the General Fund. FOLSOM LAKE FORD THE FORD SOURCE 12755 FOLSOM BLVD. ° FOLSOM, CA 95630 0 (916) 353-2000 2016 OREDER-14-16 WEEKS DANIEL A. RAIIMOND Fleet Director PATROL 2016 CUT OFF 3/11/2016 K8A 4DR AWD POLICE .1.12.6" WE G1. SHADOW BLACK 9 CLTH BKTS/VNL R W EBONY INTERIOR 500A EQUIP GRP .PREM SINGLE CD 99R .3.7L V6 TIVCT 44C . 6-SPD AUTO TR iN 53M SYNC SYSTEM FRT LICENSE BKT 16D BADGE DELETE 17T CARGO DOME LAMP 18W RR WINDOW DEL 423 CAL EM NOT REQD 43D COURTESY DISABL 515 DUAL LED LAMPS 55E BLIND SPOT MNTR 59B KEY CODE D 60R NOISE SUPPRESS 66A FRONT HDLMP PKG .GRILL WIRINC 68G RR DR/LK INOP 76R REVERSE SENSING 87R RR. VIEW MIR/CAM 90E LH/RH PNLS III 92R SOLAR TINT 2ND 936 CAL SER VEH EXP FLEX FUEL STATE CONTRACT 1-15-23-14B $30,967.00 $19,694.12 LEHR UP FIT $50,661.12 $ 4,559 50 TAX @ 9% $ 8.75 CA TIRE FEE $55,229.37 $ 350.00 SHIPPING (916) 353-2OOO, Ext 371 tall Free 1-8O0685-0551 Call. (916) 825-162; Ft (916) 353-2071 1/21/2016 $55,579.37 DELIVERED EACH LESS $500 00 DISCOUNT 20 DAY PAYMENT INCLUDES WHITE ROOF AND 4 WHITE DOORS FOLSOM LAKE FORD THE FORD SOURCE 12755 FOLSOM BLVD. • FOLSOM, CA 95630 •0916) 353-2000 DANIEL A. AID Fleet Director 2016 ORDER-14-16 WEEKS C V T O11' 3! 1 1 I2016 RBA 4DR AWD• POLICE .112.6" WB G1 SHADOW BLACK 9 CLT. IH BKT S /VNL R W EBONY INTERIOR 500A EQUIP GRP .PREM SINGLE CD 99R .3.7L V6 TIVCT 44C .6—SPD AUTO TRAN 53M SYNC SYSTEM FRT LICENSE BKT 16D BADGE DELETE 17T CARGO DOME .LAMP 18W RR WINDOW DEL 423 CAL EM NOT REQD 43D COURTESY DISABL 51S DUAL LED LAMPS 55B BLIND SPOT MNTR 39B KEY CODE B 60R NOISE SUPPRESS 66A FRONT HDLMP PKG .GRILL WIRING 68G RR DR/LK INOP 76R REVERSE SENSING 87R RR VIEW MIR/CAM 90E LH/RH PNLS III 92R SOLAR TINT 2ND 936 CAL SER VEH EXP FLEX FUEL SUPERVISOR STATE CONTRACT 1-15-23-14B $29, 867.00 $18,205 40 LEHR UP HT $ 4,326.52 TAX @9% $ 8.75 CA TIRE FEE $52,407 67 $ 350.00 SHIPPING $52,757.67 DELIVERED EACH (916) 353-2000, Ext 37 7oq Frei 1-800-655-355 Cell. (916) 825-162 Fax (9T6) 353-201 1/21/2016 LESS $500.00 DISCOUNT 20 DAY PAYMENT FOLSOM LANE FORD THE FORD SOURCE 12755 FOLSOM BLVD. o FOLSOM, GA 95630 0 (916) 353-000 DANK A. RAIMOND! Fleet Director 2016 ORDER-14-16 WEEKS ORDER CUT OFF 3/11/2016 K.8A 4DR AWD POLICE . 112.6i" WB G1 SHADOW BLACK 9 CLTH BKTS/VNL R W EBONY INTERIOR 500A EQUIP GRP .PREM SINGLE CD 99R .3.7L V6 TIVCT 44C .6—SPD AUTO TRAN 53M SYNC SYSTEM FRT LICENSE BKT 16D BADGE DELETE 17A AUX CLIMATE CTL 17T CARGO DOME LAMP I8W RR WINDOW DEL 423 CAL EM NOT READ 4.3 0 COURTESY :u-I: SA:LL .. a S DUAL LED LAMPS 55B BLIND SPOT MNTR 59B KEY CODE B 60R NOISE SUPPRESS 66A FRONT HDLMP PKG .GRILL WIRING 68G PR DR/LK INOP /6R REVERSE SENSING 87R RR VIEW MIR/CAM 90E LH/RH PNLS TIT 92R SOLAR TINT 2ND 936 CAL SER VEH EXP FLEX FUEL K9 (St 6) 353-2000, Exl, 37 TO Free e-804.655-055 00. (916). 825-162 Fox (916) 353-207 1121 /2016 STATE CONTRACT 1-15-23-14B $31,553 00 $20,625.70 LEHR UP FIT $ 4,696.09 TAX © 9% $ 8.75 CA TIRE FEE $56,883.54 $ 350 00 SHIPPING $57,233.54 DELIVERED EACH LESS $500.00 DISCIUNT 20 DAY PAYMENT INCLUDES WHITE ROOF AND 4 WHITE DOOR: =MOW/ timmommor De&erect as Promised NET 30 DAYS INSTALLED s 0 0 T L FOLSOM LAKE DODGE 12545 FOLSOM BLVD FOLSOM CA 4707 Northgate Blvd. Sacramento, CA 95834 Parts Dept. 916-646-6526 Service Dept 916-646-6635 Fax 916-645.6658 ** QUOTATION ** *** DUPLICATE *** Ord # OI 41886 P/0 # NATL CITY 6 FOLSOM LAKE DODGE H 12545 FOLSOM BLVD 95630 roLsom CA 95630 T 0 Page 1 Br Accnt 00 15070 MM 8/31/15 13:1233 Expires 12/05/2016 Qty Part Number S Descriptidorn Wt.Each Net .Va1uei 001 002 003 004 005 006 007 008' 009 010-- 011 012 013 014 015 016 017 018 019 020 021 022 J74,1•V. Uotabi, 024 025 026 027 028- 029 030 031 033 034 035 036 037 6 SE BK20191TU16 6 WE SA215P-. - 6 WE SAK51 6 WE USAktB 6 WH STPKT83 6 WIE VTX609R 6 WE VTX609S 6 WH IONR' 6 WH IONS '712 MR imam 6 WR CCSRNTA3 6 LE PXILLMAG F PB450L4 IONS F SIREN SPEAKER ., •r srussr, BRACKET . • F LIBERTY II F STRAP KIT F VERTEX RED ..,. 7 VERTEX BLUE 'F ION LED RED ' F ION LED BLUE P ION GROMMET NNT - CENCOM SAPPIRE F SIREN PARK KILL 6 SE PK0715ITU12TMSCA P 8VS RP 75/25 6 Tr Pe-FDUV-08-R PARTITION/SEAT PS-PEMV-OR-R (PTS PLASTIC SEAT W/SASETY BELTS) PD-FDUV-VINT (SEAT MOUNT-FRAMM) TP-FDUV-R (TROY REAR PARTITION) 6 TP AC -UV -HATCH 6.SE WK05141=2 6 SE GK11191B1SSSCA 6 HS C-VS-1400-INUT 6 Re 0-3515•HroN-1P 6 HS CEB25-M45-1P 6 HS C-E840.-CC3-1P 6 HS C-FP-2 c.1 J. ES C-SM-800 6 6 6 6 6 6 6 6 6 6 6 6 6 VT& WV ES HS HS HS A2 HS He HS HS HS CL C-CUP2-I C-MC C-MCB 14.0553 0.41DM..153 C-HOM-202 C-MD-102 C-HDM-401 0-ADP*204 4101 NMO-K-DS FON, LEETRAUTO. COM P6ft TOM. REAR HATCH WDSC r wrmpow GUARDS . P GUN RACK IBIS P C0N,14",UTILITY F FACE PLATE 1 PC F FACE PLATE 1 PC F FACE PLATE 1 PC E PLT,2MS, ✓ L „ • COM,SM,STMS,ODG F CON,ACEY.OUPELD F COMACSY,BOX,IM E CON,ACSF,MICLIP F mrem1P leRACXVT F 3 ACC P/S P FLOOR MOUNT POLE,TEtEcHPM.18 F SWING ARM WiTLT. F SUPPORT BRACE rXDADP,DEVMT,D0 DOCK MASTER F COAX CABLE 703.4100 205.0000 28.0000 1650.0000 86.0000 84.0000 120.4000 120.4000 4.9000 625.0000 42.0000 719.0000 1180.0000 4220.46 1230.00 168.00 9900.00 516.00 516.00 722.40 722.40 58.80 3750.00 252.00 4314.00 7080.00 75,6000' 453.60 167.2000 1003.20.. 729.0000 4374.00 231.0000 1386.00 52.9200 35.2000 • 38.6400 • 9.2400 11.7600 22.1300 91.5600 133..5600 264.5100 54.6000 46.2800 190.0000 18.5000 004 SALES@LEHRAVTO.CCM -1-10011140 RCVD. BY 317.52 221.68 231.84 55.44 70.56 132.78 549.36 801.36 1587.06 327.60 277.6S 1140.00 111.00 *CONTINUED* Delhi eal as Promised NET 30 DAYS FOLSOM LAKE DODGE 0 12545 FOLSOM BLVD n FOLSOM CA 0 4707 Northgate Blvd. Sacramento, CA 95834 Parts Dept. 91 6-646-6626 Service Dept 916-646-6836 Fax 916-646-6656 INSTALLED ** QUOTATION ** Page 2 *** DUPLICATE *** Ord # 01 41886 P/0 # NAIL CITY 6 FOLSOM LAKE DODGE 12545 FOLSOM BLVD 95630 . FOLSOM CA 95630 T 0 Br Accnt 00 15070 MM 8/31/15 13:12:33 Expires 12/05/2016 038 040 041. ' 042 043 044 045 " 046 047 ' 048" 049 050 0S1 0-52 Plat t . Nutabiet 6 RD TRAB8063 6 S:L 2s Et • •' .6 MS DECALS 5 LA 1 6 P3 CF,A31WAL 6 P3 CF.VDM312U 6.P3 CF-WMBA1304G 6 P3 CF-WSD311231 6 HS ' S-'FA1 111-i•. 6 HS LPr-104 .: 6 RD AP-GPS30-W-S2-9 6 PP 03-0211 6 Rs C?-14,RK-101 :6 LA T P PHANTOM LOW PRO 41.0000 246.00 F EQUIPMENT TRAM 213.5300 1281.16 SL20 W/DC 99.6600 597.96 DECALS 345.0000 2070.00 INSTALLATION 195.0000 1170.00 CF«+31 RUGGED 4400.0000 25400.00 F :i3VD MULTI DRIVE , 296.0000 1776.00 F 4GB RAM 210.0000 • '660..00 P 128SSD CF-31 425.0000 2550.00 P CF•31 . Ste; ': 732+.0000 : 439:2...00. .• CF31 POWER SPLY : 140.0000 :: `:840 .00 GPS ONLY ANT 75.0000 450.00 UTIL HRNS FRONT 595.0000 3570.00 ARM REST S7.9600 347.75 INSFALL T/ON ..2550.0000 15900.00 312 108731.64 vouAtirra i +CtR�atAk NW. LFJfRAUTO. COM SALES@.EiRAUTO. COM 850.00 FON RCVD. 109581.64 (1Jaak4"17 AIWAIIMIF/ 411111IF Delivered as Promised NET 30 DAYS FOLSOM LAKE FORD 0 12755 FOLSOM BLVD L FOLSOM CA T 0 4707 Northgate Blvd. Sacramento, CA, 95834 Parts Dept. 916-646-6626 Service Dept 916-646-6636 Fax 916-646-6656 INSTALLED ** QUOTATION ** Page 1 Ord # 01 41910 P/O # NATL CTY SUP FOLSOM LAKE FORD H 12755 FOLSOM BLVD 95630 I FOLSOM CA g5630 T 0 Br Accnt 00 15075 MM HO 8/28/15 10,14-48 Expires 12/05/2016 001 005 009 ' ' ..................... 1 SE BK2019ITU16 ia- 1 WH STPKT83 IONR 1 WH IONB 012 .1 LE PKILLMAG 013 1 HS C-VS-1400- INUT . 1 HS C-E840-CCS-1P 1 HS C-FP-2 1 HS C -CUP2 -I 024 1 HS , ARM-1°1 .. . .. . t t ete 027 1 R D Ta-" PB450L4 IONS ER F STRAP KIT VER. .. . .. , F ION -LED -RED F ION LED BLUE 703.4100 120.40Ob 120.4000 703.41 0 Ck 120 . 40 120.40 F SIREN PARK KILL 42.0000 42.00 F CON,14",UTILITY 231.0000 231.00 - - , - F FACE PLATE 1 PC E PLT 2MS, DECALr- 1 LA I 034 1 P3 CF-31WALEHLM 035 1 P3 CF-VDM312U 038 1 HS DS-PAN-111-1 F CON,ACSY,CUPHLD ON. ACSY-BOX I Mitt F PHANTOM LOW PRO . • .... . INSTALLATION owiT4g45bEaK2WEL: 35.2800 35.28 38 6400 38 54 • • 41.0000 •345.0000 195.0000 CF-31 RUGGED 4400.0000 F DVD MULTI DRIVE , F CF31 DOCK SGL 296.0000 . - 57.96 41.00 345.00 195.00 ....... ...... 732.0000 732.00 1 i i 1 I mMONT6 • WTT0TAL COBEICTP.1 4. PRMItIT HANDUNo • PTEEli TAX I WNW EIHRAUTO.. CON SALESOLEHRAUTO. COM RCVD. BY: PAY-TH AMOU *CONTINUEDx (51_/Lq"q) AOMMONIF/ 41111111111 Delivered as Promised NET 30 DAYS FOLSOM LAKE FORD 0 12755 FOLSOM BLVD E FOLSOM CA 4707 Northgate Blvd. Sacramento, CA 95834 Parts Dept. 916-646-6626 Service Dept 916-646-6636 Fax 916-646-6656 INSTALLED ** QUOTATION ** Page 2 Ord # 01 41910 P/O # NATL CTY SUP FOLSOM LAKE FORD H 12755 FOLSOM BLVD 95630 . FOT,S[]M CA 95630 T 4 Br Accnt 00 15075 MM HO 8/28/15 10;34:48 Expires 12/05/2016 039 043 047 050 1 HS LPS-104 1 HS C-HDM-202 T:MD HS C-ADP'' 1 CL 4101 1 LA I F CF31 POWER SPLY F POLE,TELE,HDM,8 DOCK MASTER INSTALLATION 140.0000 133.5600 140.00 00. 133.56 8 190.00 2450.000o >«::;- 245©'.00 51 17190.14 TOM. A!. UNITES j. PART t QTAL CORE TOTAL WWW.LEHRAUTO.COM SALESOLEHRAUTO.COM 225.00 .NANDL1i SG. RCVD. BY: TM 17415.14 /1111111M/ 411111111 Delivered as Promised NET 30 DAYS FOLSOM LAKE FORD o 12755 FOLSOM BLVD L FOLSOM CA T 0 4707 Northgate Blvd. Sacramento, CA 95834 Parts Dept. 916-646-6626 Service Dept 916-646-6636 Fax 916-646-6656 INSTALLED ** QUOTATION ** Page 1 Ord # 01 41917 P/O # NATL CTY K9 FOLSOM LAKE FORD s _ H 12755 FOLSOM BLVD 95630 FOLSOM CA 95630 0 Br Accnt 00 15075 MM HO 8/28/15 11:10:24 Expires 12/05/2016 001 005 1 SE BK20191TU16 W8R 1 WH STPKT83 41-1 1 WH IONB 1 LE PKILLMAG 1 RA EZ1INSUV 016 1 HS C-VS-1400-INUT 017 1 115. C-g515-K,N-1P 020 1 HS C -FP -2 1 A2 14.0553 brc 030 1 RD TRAB8063 031 1 HS C-TTP-INUT-2 MS DECALS TO INCLUDE : K9 KEEP AWAY 035 1 RD AP-GPS30-W-R2-9 PB450L4 IONS F STRAP KIT F ION LED RED F ION LED BLUE F SIREN PARK KILL ''' K9 CELL INSERT igtlyt • F CON,14",UTILITY F FACE PLATE 1 PC F PLT,2MS, -RLT-1X5, HL F CON,ACSY,BOX,IM F 3 ACC P/S HANTOM LOW PRO E EQUIPMENT TRAY GPS ONLY ANT TQT6L., vNrr$ PART TrooTAL. CORE TOTAL . • WWW T EHRAUTO . COM q,ar Es@ LEHRAUTO. COM NRT RCVD. 1.0000 213.5300 11.6:4000 - 120.40 120.4000 120.40 980 42.0000 42.00 1899.0000 1899.00 231.0000 231.00 38.6400 38.64 __. 0-, 1 9.24 :9660"57.96 22.1300 22.13 41.00 213.53 TAX *CONTINUED* s 0 L T Delivered as Promised NET 30 DAYS FOLSOM LAKE FORD 12755 FOLSOM BLVD rnr.qnm CA 4707 Northgate Blvd. Sacramento, CA. 95834 Parts Dept, 916-646-6626 Service Dept 916-646-6636 Fax 916-646-6656 INSTALLED ** QUOTATION ** Ord # 01 41917 P/0 # NATL CTY K9 FOLSOM LAKE FORD H 12755 FOLSOM BLVD 95630 I FOr.q0m CA 95630 T 0 Page 2 Br Accnt 00 15075 MM HO 8/28/15 11!10!24 Expires 12/05/2016 036 1 PP 03-0211 003401607120. 040 1 P3 CF-31WALEHLM HS -PAR- 044 1 HS LPS-104 UTIL HRNS FRONT tv3I-nock- F CF31 POWER SPLY Part Ordered: ## C-HDM202 1 HS C-MD-102 F SWING ARM W/TLT 1 CL 4101 1 LA I DOCK MASTER TNsT4T4,4TPN 595.0000 595.00 225 00 46'"°"4 1°45-1313 0 185.00 4400.00 6-00 2.0000 140.0000 91,56'0 264.5100 190.0000 -0000. 140.00 264.51 190.00 2950.00 53 19901.64 425.00 ETQThL.NJT, R T. TOTAL. V:113F TUC. FIR EMT lics .: 4;.1rD _OTHER _ TAX WWW LERRAUTO. COM SALES @LERRAUTO COM RCVO. BY: • PAY TH .P6iolJt 20326.64 IVIOTOROLA SOIL.. W Bill -To: NATIONAL CITY, CITY OF 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 United States Attention: Name: Email: Phone: Chris Cameon ccameon@nationalcity.ca.gov 619-336-4524 Contract Number: Freight terms: Payment terms: IONS SAN DIEGO (CA) 550743 FOB Destination Net 30 Due Quote Number: QU0000348025 Effective: 19 JAN 2016 Effective To: 30 APR 2016 Sales Contact: Name: Andy Grimm Email: agrir*'.W T}a. day wireless.cnm Phone: 858-864-3660 Item Quantity Nomenclature Description Your price Extended Price l 8 la 8 19 8 lc 8 Id 8 le 8 If 8 lg 8 lh 8 li 8 1j 8 lk 8 11 8 M25URS9PWIAN APX6500 7/800 MHZ MID POWER MOBILE G806BE ADD: ASTRO DIGITAL CAI OPERATION W22BA ADD: PALM MICROPHONE G24AX ADD: 3 YEAR SERVICE FROM THE START LITE W599BF ADD: 8 MODE DIRECT ENTRY G442AJ ADD: 05 CONTROL HEAD G67BC ADD: REMOTE MOUNT MID POWER G444AE ADD: APX CONTROL HEAD SOFTWARE G335AW ADD: ANT 1/4 WAVE 762-870 MHZ BI SCR ADD: AUXILARY SPKR 7.5 WATT G51AU ENE: SMARTZONE OPERATION APX6500 G361AH ADD: P25 TRUNKING SOFTWARE GA0058OAA ADD: TDMA OPERATION $1,590.65 $373.38 $.52.20 $121.00 $130.50 $313.20 $215.33 $10.15 $43.50 $870.00 $217.50 $326.25 $12,725.20 $2,987.04 $417.60 $968.00 $1,044.00 $2,505.60 $1,722.64 $81.20 $348.00 $6,960.00 $1,740.00 $2,610.00 Estimated Tax ;maim( Total Quote in USD 32,982.72 $37,092.00 (8) APX6500 Standard Patrol Remote Mount Mobiles with 8-DEK Box. TDMA Option HAS BEEN INCLUDED. Discounted pricing from RCS Contract #550743. 2 Year Warranty is not taxed. PO's must be made out to Motorola Solutions, Inc (not Day Wireless). Shipping is included at no charge. Taxable amount is S33,141.28. PO Issued to Motorola Solutions Inc. must: >Be a valid Purchase Order (PO)/ContractlNotice to Proceed on Company Letterhead. Note: Purchase Requisitions cannot be accepted >Have a PO Number/Contract Number & Date >Identify "Motorola Solutions Inc." as the Vendor >Have Payment Terms or Contract Number 2016 Police interceptor Utility ty Front Lighting Packages 67H Barg-' f urt ::'f MAO includes 'q' Integrated LED Grill Lights pIti eihantemens from Pkg 56A (see below) Red - Driver/ Blue - Passenger 21W FRONri INDICATOR PQC # + WARt4INC U61II 1Wam, Park, Turn,, Red - Driver/ Blue - Passenger 21lPORWARDWARNING AUXILIARY r Red- Driver / Blue - Passenger 0 Further Ir38 SIDE ,"AV -ER LEO - Side V+ew !rllrri3r Red - Driver / Blue - Passenger 53L'l d+fn t IJi4RTER BUM Slot NMWER L1G14TS -Red • Oilvec l falrze - Passenger iat AfROI+tli NIADiAtkil0 ii614TING SOLVTfQTN - NEW Inca;ldesc.ent Wig -Wag functionality of ttigl; Bean i - Whae Comer n larker L» l� 2016 Police Interceptor Utility What's New??? FUNCTIONAL Bulkhead pass through circuits (6 twisted pair), repositioned and labeled for easier access and upfitter component instaiiacion (Std) Enhanced electrical architecture --improvement in the way the electrical loads are shed (Std) - Power Passenger Seat (6-way) with manna! recline !weber (87P) - Power Windows - One Touch 3Jp/Down Front Driver and Passenger (Std) - 2.015 only r,,ffered One Touch Dowti Driver Rear View Camera (viewable in 4" center stack) with Washer (Std). - Not cornpatible veal Laptops ar Integrated Compute' Screen from HAVta Rear View Camera (viewable in Electrochromic Rear View Mirror) Optional (87R) - This 87R option will be ;offered as a''No Charge" option - Not compatible if replaced with any aftermmarket rear view mirror - TPMS, instrument cluster displays individual tare pressure on all 4 tires (spare not included) (Std) - Only compatible with tiro on a 2016 PI Utility - If share tire on the 2016 PI Utility is to be used, the spars must be b:11rIed - Spars tire still indicters TPMS INTERIOR Interior dimensions remeln "unchanged" for 2016iWY ^"• .Liftgate release switch — located in overhead console, timed switch (Std) - Rear cargo area can now get be accessed via the overhead switch or the lceylock on the liitgate - Release switch only operates under ignition power, key muss be in "Ruts' or -Start pr ition - Liftgate membrane will remain unlocked For 45 seconds before timing out - Front door lock switches will NOV"unlock the Idtgate button (change from prior years) - Keyless entry keyfob will 't4OT unlock liftgate (change from .prior years) - New Steering Wheel with refreshened bezel switches Refreshened instrument cluster Refreshened center stack (audio and climate controls) New seats will carry over into 2016 model (NOTE: 'This was a late rurinirig change in 20 i4) EXTERIOR Decklid lock cylinder relocated into deckiid applique tom - New Front Fascia New Grille (one common grille) - New Headlamps - LED Low Beams - incandescent (Halogen) High Beam (now capable of wig -wagging the high beams) - New Rear Spoiler - New Rear Fascia New Rear Tail Lamps Unique dual ohrorne exhaust tips -EcoBoost - The standard Rear Recovery Hook will not be available on the 3 5L EcoBoost engine NEW LIGHTING PACKAGES' Forward Indicator Pocket Warning Light (Warn, Park, Turn) (21W) Front Warning Auxiliary Lights (21 L). Tail Lamp i Police Interceptor Housing Only (86T) (Similar to pre -drilled front headlamp housing feature) NEW EXTERIOR COLORS Blue Jeans Metallic (N1) - Shadow Black G 1 - (Shadow Black (G1) was a late running change in 2015MY) DELETED EXTERIOR COLORS - Deep Impact Blue (J4) (') Our Police lritetceptoi lighting strategy is as follows! Alf standard factory lighting package offerings, Driver side (Red) i Passenger side (Blue), Fur agencies lop -icing for unique color c ormbinatiuris, see your Dealt. Ghoul VSO inquires Department of General Services Procurement Division 707 Third Street, 2nd Floor West Sacramento, CA 95605-2811 State of California CONTRACT USER INSTRUCTIONS ***" MANDATORY **** CONTRACT NUMBER: 1-15-23-14B DESCRIPTION: Ford Police Interceptor Utility SUV CONTRACTOR(S): Folsom Lake Ford CONTRACT TERM: 6/30/2015 through 6/29/2017 STATE CONTRACT ADMINISTRATOR: Timothy Smith (916) 375-4451 timothy.smith@dgs. ca.gov The contract user instructions, products, and pricing are included herein. All purchase documents issued under this contract incorporate the contract terms and applicable California General Provisions. Date: 6/30/2015 Timothy Smith, Contract Administrator STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract Mandatory 1-15-23-14B Contract User Instructions 1. SCOPE The State's contract with Folsom Lake Ford (Contractor) provides Ford Police Interceptor Utility SUVs at contracted pricing to the State of California and local governmental agencies in accordance, with the requirements of Contract # 1-15-23-14B. The Contractor shall supply the entire portfolio of products as identified in the contract and will be the r!iihail pisint of contact for data collection reporting, and C Strib[itinn of Ford Police Interceptor Utility SUVs to the State. The contract term is for two (2) years with an option to extend the contract for one (1) additional twelve month period or portion thereof. The terms, conditions, and prices for the contract extension option shall be by mutual agreement between the contractor and the State. If a mutual agreement cannot be met the contract may be terminated at the end of the current contract term. 2. CONTRACT USAGE/RULES A. State Departments • The use of this contract is mandatory for all State of California departments. • Ordering departments must adhere to all applicable State laws, regulations, policies, best practices, and purchasing authority requirements, e.g. California Codes, Code of Regulations, State Administrative Manual, Management Memos, and State Contracting Manual Volume 2 and 3, as applicable. • Prior to placing orders against this contract, departments must have been granted non -IT purchasing authority by the Department of General Services, Procurement Division (DGS/PD) for the use of this statewide contract. The department's current purchasing authority number must be entered in the appropriate location on each purchase document. Departments that have not been granted purchasing authority by DGS/PD for the use of the State's statewide contracts may access the Purchasing Authority Application at http://www.dgs.ca.gov/pd/Resources/publications/SCM2.aspx or may contact DGS/PD's Purchasing Authority Management Section by e-mail at pamsadgs.ca.gov. • Departments must have a Department of General Services (DGS) agency billing code prior to placing orders against this contract. Ordering departments may contact their Purchasing Authority contact or their department's fiscal office to obtain this information. B. Local Governmental Agencies • Local governmental agency use of this contract is optional. • Locai government agencies are defined as '`any city, county, city and county, district or other governmental body or corporation, including the California State Universities (CSU) and University of California (UC) systems, K-12 schools and community colleges", empowered to expend public funds for the acquisition of products, per Public Contract Code Chapter 2, Paragraph 10298 (a) (b). While the State makes this contract avaiiabie to focal governmental agencies, each local governmental agency should determine whether this contract is consistent with its procurement policies and regulations. 6 Local governmental agencies shall have the same rights and privileges as the. State under the terms of this contract. Any agencies desiring to participate shall be required to adhere to the same responsibilities as do State agencies and have no authority to amend, modify or change any condition of the contract. • Local governmental agencies must have a DGS agency billing code prior to placing orders against this contract. DGS agency billing codes may be obtained by emailing the DGS billing code contact with the following information: Contract 1-15-23-14B Page 2 6/30/2015 user Instructions STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract t Mandatory 1-95-23.14B Contract User Instructions o Local governmental agency c Contact name o Telephone number o Mailing address • Facsimile number and e-mail address DGS Billing Code Contact: Marilyn.ebertadgs.ca.gov C. Unless otherwise specified within this document; the term ordering agencies" will refer to aii State departments and/or local governmental agencies eligible to utilize this contract. Ordering and/or usage instructions exclusive to State departments or focal governmental agencies shall be identified within each article. 3. DGS ADMINISTRATIVE FEES A. State Departments The DGS will bill each State department an administrative fee for use of this statewide contract. The administrative fee should NOT be included in the order total, nor remitted before an invoice is received from DGS. Current fees are available online in the Procurement Division Price Book located at: http://www.dgs.ca.qov/ofs/Resources/Pricebook.aspx. (Click on "Purchasing" under Procurement Division.) B. Local Governmental Agencies For all local government agency transactions issued against the contract the Contractor is required to remit the DGS/PD an Incentive Fee of an amount equal to 1 % of the total purchase order amount excluding taxes and freight. This Incentive Fee shall not be included in the agency's purchase price, nor invoiced or charged to the purchasing entity. All prices quoted to local governmental agency customers shall reflect State contract pricing, including any and all applicable discounts, and shall include no other add -on fees. 4. SR!DVRE OFF -RAMP PROVISION There is no SL'!DV5E off ramp ?ss__ia`edl wnf th this ^"`tr t 5. EXEMPT PURCHASES To purchase other than the contract commodity listed requires an approved exemption from the DGS/PD Co[dract Administrator. Please refer to http:llwww.dgs. ca.qov/pd/Programs/Leveraged/contracts/exemption process.aspx for information and the required justification forms regarding the exemption process. 6. PROBLEM RESOLUTION/SUPPLIER PERFORMANCE Ordering agencies and/or contractors shall inform the State Contract Administrator of any technical or contractual difficulties encountered during contract performance in a timely manner. This includes and is not limited to informal disputes, supplier performance, outstanding deliveries, etc. For contractor performance issues, ordering agencies must submit a completed Supplier Performance Report via email or facsimile to the State Contract Administrator. The ordering agency should include all relevant information and/or documentation (i.e. Purchase documents). Contract 1-15-23-i4B Page 3 6/30/2015 User Instructions STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract Manila' • ry 1-1 3-14D Contract User Instructions 7. CONTRACT ITEMS The following one (1) vehicle is available for purchase under this contract: FORD POLICE INTERCEPTOR UTILITY SUV No other Ford vehicles are available for purchase under these contract terms. 8. SPECIFICATIONS. The vehicle listed on Attachment 1, Contract Pricing, must conform to the State of California Bid Specification Number 2310-3116R1, dated 6/3/2015, Attachment 2b 9. CUSTOMER SERVICE There are no specific customer services requirements associated with this contract. 10. ELECTRONIC CATALOG/CONTRACT WEBSITE CONTENTS There is no electronic catalog or contract website associated with this contract. 11. PRE -ORDER CONFIGURATION CONSULTATION (OFFER GENERATION) There is no pre -order configuration associated with this contract. 12. OFFER FORMAT There is no specific offer format associated with this contract. 13. ELECTRONIC WASTE RECYCLING FEE There is no electronic waste recycling fee associated with this contract. 14. PRODUCT SUBSTITUTIONS There is no product substitutions associated with this contract. 15. PROMOTIONAL PRICING There is no promotional pricing associated with this contract. 16. STATE AGENCY INFORMATION TECHNOLOGY CERTFICATION REQUIREMENT There is no technology certification requirement associated with this contract. 17. PURCHASE EXECUTION A. State Departments 1) Purchase Documents State departments must use the Purchasing Authority Purchase Order (Std. 65) for purchase execution. An electronic version of the Std. 65 is available at the Office of State Publishing web site: http://www.dgs.ca.acv/pd/Forms.aspx (select Standard Forms). Contract 1-15-23-14B Page 4 6/30/2015 User Instructions STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract Mandatory 1-15-23-14B Contract User instructions All Purchasing Authority Purchase Orders (Std. 65) must contain the following: ▪ Agency Order Number (Purchase Order Nrimher) • Ordering Agency Name • Agency Billing Code • Purchasing Authority Number • Leveraged Procurement Number (Contract Number) Supplier Information (Contact Name, Address, Phone Number, Pax Number, E-mail) Line Item number Quantity • Unit of Measure -- (each) • Commodity Code Number • Product Description • Unit Price • Extension Price 2) Blanket Orders The use of blanket orders against this statewide contract is not allowed. 3) American Recovery and Reinvestment Act (ARRA) - Supplemental Terms and Conditions Ordering departments executing purchases using ARRA funding must attach the ARRA Supplemental Terms and Conditions document to their individual purchase documents. Departments are reminded that these terms and conditions supplement, but do not replace, standard State terms and conditions associated with this leveraged procurement agreement. • ARRA Supplemental Terms and Conditions Note: Additional information regarding ARRA is available by clicking here to access the email broadcast dated 08/10/09, titled Supplemental Terms and Conditions for Contracts Funded by the American Recovery and Reinvestment Act. B. Locai Governmental Agencies Local governmental agencies may use their own purchase document for purchase execution. The purchase documents must include the same data elements as listed above (Exception: Purchasing Authority Number is used by State departments only). C. Documentation All ordering agencies will submit a copy of executed purchase documents to: DGS - Procurement Division (INIS.ir 1) Attn: Data Entry Unit 707 Third Street, 2nd Floor, MS 2-212 West Sacramento, CA 95605-2811 18. MINIMUM ORDER The minimum order shall be one (1) vehicle. Contract 1-15-23-14B User Instructions Page 5 6/30/2015 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract Mandatory 1-15-23-14B Contract User Instructions 19. ORDERING PROCEDURE A. Ordering Methods: Ordering agencies are to submit appropriate purchase documents directly to the contractor(s) via one of the following ordering methods: • U.S. O Facsimile • Email The contractor's Order Placement Information is as follows: ORDER PLACEMENT INFORMATION U.S. Mail Facsimile Email Folsom lake Ford 12755 Folsom Blvd. Folsom CA, 95630 (916) 353-2078 danrfolsomlakeford.com Note: When using any of the ordering methods specified above, all State departments must conform to proper State procedures. 20. ORDER ACCEPTANCE The Contractor shall accept orders from any State department or local governmental agency. The Contractor shall not accept purchase documents for this contract that: • Are incomplete; • Do not have a DGS billing code — (local agencies) • Are submitted without Contract Administrator approval of non -core items • Contain non -contract items: or Contain t_ac a..._.,..... and conditions. • VVIILQIII IIUII'laVllll QVt lGl IIIJ and LIlIIU ILI VIIJ. The (. onireuiui rrruisi stcli reiutie ic= aC;4;Cp aicier$ rft»r! any State department or local governmental agency for any other reason without written authorization from the Contract Administrator. 21. ORDER RECEIPT CONFIRMATION The Contractor will provide ordering agencies with an order receipt confirmation, via e-mail or facsimile, within 48 hours of receipt of purchase document. The Order Receipt Confirmation she!! include the following information: • L11 UUI II IV HUClIl.y Madill ▪ Agency Order Number (Purchase Order Number) • Purchase Order Total Cost • Anticipated Delivery Date Contract 1-15-23-14B Page 66/30/2015 User Instructions STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract luny 1-15-23-14B Contract User Instructions 22. OUT OF STOCK REMEDY under no circumstance is the Contractor permitted to rn ke substitutions with non --contract items or unauthorized products. 23. x`r3las°',.O NTINUED ITEM REMEDY Under no circumstance is the Contractor permitted to make substitutions with non -contract items or unauthorized products without approval from the Contract Administrator. 24. DELIVERY SCHEDULES Delivery for orders placed against the contract resulting from this solicitation shall be in accordance with the following: A. Pre -Delivery Checklist Prior to delivery, each vehicle shall be completely inspected, serviced and detailed by the delivering dealer and/or the manufacturer's pre -delivery service center. A copy of the pre -delivery checklist shall be completed for each vehicle, signed by a representative of the organization performing the inspection/service, and delivered with the vehicle. B. Locations Deliveries are to be made (statewide) to the location specified on the individual purchase order, which may include, but not limited to inside garages and parking Tots. C. Schedule Delivery made to any State department is to begin within 90 days after receipt of order (ARO). State departments may limit delivery to a maximum of ten (10) units per working day. Delivery to local governmental agencies is to be completed in full within 150 days ARO. Since receiving hours tor each ordering agency will vary by facility, it will be the Contractor's responsibility to check with each facility for their specific delivery hours before delivery occurs. The Contractor must notify the ordering agency within 12 hours of scheduled delivery time. if delivery cannot be made within the time frame specified on the Order Confirmation. Contractor is requested to make deliveries in Los Angeles County, Orange County, San Bernardino Metropolitan Area, and San Diego ivietropoiitan Area during off-peak hours. Off-peak boors are Monday through Friday, 10:00 AM to 4:00 PM. D. Security Requirements Deliveries may be made to locations inside secure institutional grounds (such as the California State Prisons) that require prior clearances to be made for delivery drivers. Since security clearance procedures for each faciiity may vary, it will be the Contractor's responsibility for contacting the secure location for security clearance procedures, hours of operation for deliveries and service, dress code, and other rules of delivery. Deliveries that are delayed due to drivers not being cleared to enter institutional grounds may cause your firm to be declared in default of contract requirements. Note: In accordance with paragraph 15 of the General Provisions entitled "Delivery", the contractor shall strictly adhere to the delivery terms and completion schedule as specified in this solicitation. Failure to comply with the delivery requirements, as stated, may be considered a breach of contract and subject the contractor to General Provisions 26, entitled ''Rights and Remedies of the State for Default". Contract 1-15-23-14B Page t 6/30/2015 User Instructions STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract Mandatory 1-15-23-1413 Contract User Instructions 25. EMERGENCY/EXPEDITED ORDERS Not Applicable. 26. FREE ON BOARD (F.O.B.) DES T €NA T 1OPN The Contractor is required to deliver vehicles to State agencies or local governmental agencies FOB Destination, Sacramento County. Additionally, delivery shall be FOB Destination to the California Highway Patrol (CHP), Fleet Operations, 3300 Reed Ave., West Sacramento, California 95605. Vehicles shall be delivered from the factory to the dealer's place of business. If the purchase order indicates delivery outside an FOB point, the dealer and agency will negotiate for delivery beyond the FOB point. This delivery may be subject to an additional delivery charge by the resulting contractor(s). This charge shall be shown as a separate item on the purchase order and invoice. State agencies requesting delivery outside the FOB area must contact the Office of Transportation Management for freight rate comparisons if the dealer is delivering the vehicle. These delivery instructions will be provided on the purchase order. Dealers receiving a purchase order without specific transportation instructions must contact the ordering agency. Caravan or drive -away method of delivery from the factory to a dealer is not acceptable. The Contractor shall insure that each vehicle reaches its delivery point with no less than five (5) gallons of fuel in the fuel tank. Drop ship deliveries shall not be made without prior State inspection. Vehicles delivered from the Contractor with more than 50 miles on the odometer will be charged 50 cents for each mile exceeding 50 miles. This charge shall be deducted from the order price for each vehicle delivered against each order. Vehicles delivered with more than 250 miles on the odometer will not be accepted. 27. PALLETS There are no pallet requirements associated with this contract. Q19-1,1MnI rc r-vxrn =axm All shipments must comply witn Genera! Provisions (rev 06/08/2010), Paragraph 12 entitled "Packing and Shipment". The General Provisions are available at: http://www.documents.dgs.ca.gov/pd/modellang/GPnonIT060810.pdf. 29. PACKING SLIP Not applicable to this contract. 30. PACKING LABEL There are no packing label requirements associated with this contract. 31. HAZARDOUS MATERIALS DOCUMENTATION For products that contain hazardous chemicals, as defined by California Code of Regulations, Title 8, Section 339, the Contractor must provide a Material Safety Data Sheet (MSDS), via facsimile or email, to the ordering agency upon written request. Contract 1-15-23-14B Page 8 fi/3012U1b User Instructions STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract Mandatory 1-15-23-14B Contract User instructions 32. INSTALLATION Tharp i$ no installation assooiatori with this contrast. 33. INSPECTION AND ACCEPTANCE Vehicles ordered for State use will be inspected by a State Inspector at the dealer's place of business. Inspection will commence within five (5) State working flays of notification that a vehicle is ready for inspection. Inspection will include: specification compliance, workmanship, appearance, proper operation of all equipment and systems, and that all documents are present. In the event deficiencies are detected, the vehicle will be rejected and the delivering dealer will be required to make the necessary repairs, adjustments or replacements. Payment and/or the commencement of a discount period (if applicable) will not begin until the defects are corrected and the vehicle is re -inspected and accepted. Completion of inspection or acceptance by the State Inspector shall in no way release the dealer from satisfying the requirements of the contract, specifications, and warranty. Deviations from the specified requirements that are detected by the inspection shall be corrected by the dealer in an expeditious manner at no expense to the owning agency. Inspection by local agencies will be at the dealer's place of business or as otherwise agreed to by the dealer and local purchasing agency. A. DOCUMENTS: The following documents shall be delivered to the receiving agency with the vehicle: 1. Completed and signed pre -delivery service checklist, including the order number and Vehicle Identification Number (VIN) 2."Line Set Tickets" or "Window Sticker" showing all options installed 3. One (1) copy of the vehicle warranty 4.One (1) Owner's Manual 5.Speed Calibration documentation for each vehicle 34. CONTRACT ADMINISTRATION Both the State and the contractor have assigned contract administrators as the single points of contact for problem i'oai kitkiit and ed �viivai.: Administrator Information DGS!PD (State Contract Administrator) Folsom Late Ford (Contractor) !i Contact Name: Timothy Smith Dan Raimondi or Mark Paoli Telephone: (916) 375-4451 (916) 351-4240 or (9 i0) 351-4202 Facsimile: (916) 375-4613 (916) 3 3-207R Email: timothy.smithf@dgs.ca.gov danr@folson-ilakeford.com markDaolinfolsomlakeford.com Address: I DGS/Procurement Division Attn: Timothy Smith 707 Third Street, 2nd Floor, MS 201 I West Sacramento, CA 95605 Foisom Lake Ford 12755 Folsom Blvd. Folsom CA, 95630 I 35. RETURN POLICY Not applicable to this contract. Contract 1-15-23-148 User Instructions Page 9 6/30/2015 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contact Mande"" • ry 1-15-23-14B Contract User Instructions 36. CREDIT POLICY Not applicable to this contract. 37. RESTOCKING FEES There are no restocking fees associated with this contract. 38. INVOICING Ordering agencies may require separate invoicing, as specified by each ordering organization. Invoices will contain the following information: • Contractor's name, address and telephone number Leveraged Procurement Number (Contract Number) • Agency Order Number (Purchase Order Number) • Item and commodity code number • Quantity purchased • Contract price and extension • State sales and/or use tax • Prompt payment discounts/cash discounts, if applicable • Totals for each order 39. PAYMENT A. Terms Payment terms tor this contract are net forty-five (45) days. Payment will oe made in accordance with the provisions of the California Prompt Payment Act, Government Code Section 927, et seq. Unless expressly exempted by statute, the Act requires State departments to pay properly submitted, undisputed invoices not more than forty- five (45) days after the date of acceptance of goods, performance ot services, or receipt ot an undisputed invoice, whichever is later. 3 CAL -Card Use Use of the CAL -Card for payment of invoices is not allowed under this statewide contract. C. Payee Data Record Each State accounting office must have a copy of the Payee Data Record (Std. 204) in order to process payments. State departments should forward a copy of the Std. 204 to their accounting office(s). Without the Std. 204, payment may be unnecessarily delayed. State departments should contact the contractor for cr,pies of the PPyce Data Record_ 40. CAL -CARD INVOICING Not applicable to this contract. Contract 1-15-23-14B Page 10 6/30/2015 User Instructions STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract Mandaad • ty 1-15 23-14B Contract User Instructions 41. CALIFORNIA SELLER'S PERMIT The California seller permit number for the contractor is listed below. State departments can verify that permits are currently valid at the following website: www.boe.cagov. State departments must adhere to the file documentation required identified in the State Contracting Manual Volume 2 and Volume 3, as appliGabia. Contractor Name ' S&'ar Permit # Folsom Lake Ford SR KH 26797640 1 42. ACCESSIBILiTY COMPLIANCE VOLUNTARY PRODUCT ACCESSIBILFTY TEMPLATE (VPAT) There is no accessibility requirements associated with this contract. 43. WARRANTY The manufacturer's regular new vehicle warranty shall apply to all vehicles procured against the resulting contract. The warranty shall be factory authorized and shall cover not less than 3 years/36,000 miles bumper to bumper, no charge parts and labor. All emission -related components shall be warranted in compliance with the California Air Recourses Board (GARB) and Federal requirements. This warranty shall be honored by all franchised dealers of the vehicle within the State of California. The State's established preventative maintenance procedures and practices shall be acceptable to the manufacturer/dealers in lieu of the manufacturer's prescribed procedures, which may form a part of the warranty. All warranty certificates and/or cards shall be supplied with each vehicle delivered. if an additional extended warranty is purchased, a warranty certificate, warranty card, or a statement indicating the extended warranty has been recorded with the manufacturer shall be furnished with each vehicle delivered. Normal wear items such as tires, belts, hoses, headlamps, light bulbs, brake linings, brake discs/drums, etc. are excluded from warranty coverage. All other items not subject to normal wear or gross operator neglect and abuse, such as window, seat or wiper motors, chassis electrical switches (door, trunk lid), paint, hinges, ctc., shall be covered. The State reserves the right to use re -refined lubrication oils, where available, in lieu of the virgin equivalent oils. The re -refined oils used by the State will meet all API and SAE standards and specifications as set forth by the vehicle manufacturer. The use of said oils shall in no way void or degrade the original manufacturer's minimum 3-year/36.000 mile warranty. The State reserves the right to use recycled content antifreeze/coolant, where available, in lieu of virgin equivalent antifreeze/coolant, in servicing its vehicles. The recycled antlfr cezelcoolant used by the State will meet all AS T M standards and specifications as set forth by the vehicle manufacturer. The use of said recycled antifreezelcoolant shall in no way void or degrade the original manufacturer's minimum 3-year/ 36.000 mile warranty. "Manufacturer's Warranty Policy and Procedures Manual" shall be made available upon customer request. 44. QUALITY ASSURANCE GUARANTEES There is no additional quality assurance guarantees associated with this contract. Contract 1-15-23-14B Page 11 C/30/2015 User Instructions STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Core Mandatory 1-15-23-14B Contract User Instructions 45. EQUIPMENT REPLACEMENT DURING WARRANTY Not applicable to this contract. 46. PRINCIPAL PERIOD OF MAINTENANCE There is no principle period of maintenance associated with this contract. 47. RECYCLED CONTENT There is no recycled content associated with this contract. 48. SMALL BUSINESS/DISABLED VETERAN BUSINESS ENTERPRISE PARTICIPATION There is no small business (SB) or disabled veteran business enterprise (DVBE) participation for this contract. 49. TAKE BACK/TRADE-IN There is no take back/trade in associated with this contract. 50. ELECTRONIC WASTE RECYCLING There is no electronic waste associated with this contract. 51. ATTACHMENTS Attachment A — Contract Pricing Attachment B -- Specification Number 2310-3116R1, dated 6/3/2015 Attachment C — Dealer's Catalog Contract i-15-23-14B Page 12 6/30/2015 User Instructions CONTRACT 1-15-23-14Ei USER INSTRUCTIONS Attachment A Enforcement Vehicles, Police Pursuit Contractor: Vehicle: CONTRACT PRICING FOLSOM LAKE FORD ENFORCEMENT UTILITY VEHICLE, PC°LICE INTERCEPTOR SUV [TERMS: $500.00 discount per vehicle for prompt payment within 20 days ntract Line Item 1 Unit of Number G Measure CUN Quantity in Unit of Measure EACH I 1 Each 1 1 EACH I 1 i Item Description Manufacturer (OEM) UCodeC A Manufacturer Part Number (OEM #) SKU # Stag, Contract Price Law Enforcement Ford Utility SLIV With Police Package in accordance with specification 2310- 3116R1, Jated S/03/2015 Optional Badge Delete FORD 2510702 K8A K8A $27,671.44 Extended Powertrain Warranty, 5 year ! 100,000 miles Line Item Number Art LIN1 Unit of Measure Quantity in Unit of Measure .e. T OPTION DELETE CREDIT tern Description FORD FORD Manufacturer (OEM) 2510702 16D 16D 2510702 FOMOCO FOMOCO _L UNSPSC Code Manufacturer Fart Number (OEM #) No Charge No Charge SKU # State Contract Nice DELETE Ballistic Door Panel Option - Supply and 204 Set 1 install front driver and passeng.n door mounted ballistic panels rated National iiu.titute of Justice (NIJ) LVL III - Less 10% BLS MFG. NIJ LVL III 2510702 90E 90E (2,765.98} of 2 CONTRACT 1-15-23-14B USER INSTRUCTIONS Attachment A Enforcement Vehicles, Police Pursuit Group Seg.ID j FOLSOM LAKE FORD DEALER CATALOG Catalog Date _ - u 4 item Description UNSPSC Code Contract Discount % Above Dealer Cost Prcie a — A Attachment C, Dealer Cataloci - Utility Police librceptor SUV Price List 6/30/2015 NIA 10% NIA Keyed Alike Vehicles 6l30l2015 2510702 10% $41.00 Trailer Towing Package Dra rr'Fite Class II 6/30/2015 2510702 10% $16.5.00 Daytime Running Lights (DRL) 6/30/2015 2510702 10% $35.50 2 of 2 IFH DGS 1409-011 Attachment B DES 4ECrM'��a STATE OF CALIFORNIA BID SPECIFICATION UTILITY VEHICLE, LAW ENFORCEMENT HIGH SPEED POLICE PURSUIT 2310-3116R1 1.0 SCOPE: This specification describes the State of California minimum requirements for an all or rear wheel drive utility vehicle to be used in high-speed highway traffic and general law enforcement work. The vehicle will at times be operated at speeds in excess of 100 miles per hour for both short and long durations. It will be driven on all types of roads, and road surfaces and at altitudes ranging from approximately 200 feet below sea level to 10,000 feet above sea level. Ambient temt'eratwres to which the vehicle will be exposed will range from approximately 0°F to 120°F. The manufacturer shall use components, materials and design practices that are the best available in the industry for the type of operational conditions to which the vehicles will be subjected, Engine, transmission, driveline, differential, brake, suspension, wheel, tire and other component parts of the vehicle shall be selected to give maximum performance, service life, as well as safety and not merely meet the minimum requirements of this specification. Where necessary, the component parts shall exceed the usual quantity, quality, or capacity generally supplied with standard production vehicles in order to withstand the unusual strain, exposure, temperature, wear and use required for a police application. 2.0 RULES AND REGULATIONS: Vehicles shall comply with all applicable Calitornia Vehicle Code (CVC), Code of Federal Regulations, Title 49, "Federal Motor Vehicle Safety Standard" (FMVSS) and California Code of Regulations, Title 13, "Motor Vehicles" rules and regulations (except emissions regulations). Vehicles shall also comply with Society of Automotive Engineers (SAE) J 1100, "Motor Vehicle Dimensions" in addition to all other applicable SAE standards. In addition, all vehicles shall comply with all other Federal and State rules, regulations and safety standards applicable to the vehicle type in effect on the date of the opening of the invitation for bid. Vehicles shall meet 50 State emissions requirements that allow the resale of these vehicles to the general public as originally equipped upon emergency vehicle "service life" completion. 3.0 VEHICLE: All vehicles offered in compliance with these specifications shall be the manufacturer's "Police Pursuit Utility Vehicle" rated model and shall be suitable for high-speed pursuit and emergency driving. All vehicles shall meet the folic::ling mini ruin specifications,: 4.0 REQUIREMENTS: 4.1 General: Each vehicle shall be new (unused), current model year production. Each vehicle shall be supplied with all equipment and accessories indicated as standard equipment in the manufacturer's published literature unless specifically deleted as stated in this specification. Optional equipment necessary to meet the requirements of this specificatoon shall also be installed. 4.2 Engine: The engine shall be a manufacturer's "Police.Package" configuration equipped with altitude compensating electronic fuel injection. The engine shall have a displacement, to be determined by the manufacturer, sufficient so that all performance requirements described in Section 1.0, Scope and Section 4.26, Performance Requirements are achieved. WM1NTON 1—XX-23-14 PAGE 1 OF 6 6/3/2015 UTILITY VEHICLE, LAW ENFORCEMENT IFS DGS 1409-011 2310-3116R1 The engine shall be designed to operate knock free at all engine and vehicle speeds on unleaded fuel with a minimum octane rating of 87 (RM + NEVI :- 2). 4.3 Engine Oil Cooler: An auxiliary engine oil cooler shall be installed if required to maintain oil operating temperatures < 300°F, under operating conditions described in the Section 1 of this specification. 4.4 Fuel Supply System: The fuel supply system shall be of such a design to eliminate vapor lock when the engine is operating in high ambient temperatures or during periods of extended idling. 4,5 F••.eI TAn!k The fuel tank furnishedshall be the largest capacity available. 4.6 Cooling System: The cooling system shall be liquid pressurized, forced circulation type. The manufacturer shall provide the heaviest duty cooling system components and recovery system applicable to the model offered. The cooling system design and capacity shall maintain the engine at optimum temperature, under all operating conditions specified, without any loss of coolant or overheating of engine and components. The cooling system shall be free of contaminants that may affect cooling system component longevity and performance. Optimum engine temperature shall be maintained with the vehicle loaded to the vehicle manufacturer's published maximum gross vehicle weight rating (GVWR) and continually operated in all operating environments described within the scope of this specification. 4.7 Electrical System: The electrical system shall be 12 volt negative ground. All wiring shall include weather proof connectors. The vehicle battery shall be the optional heaviest duty type available, compatible with the vehicle charging system and intended for police service. The vehicle battery shall have a minimum of 660 cold cranking amps, with a manufacturing date not exceeding six (6) months prior to vehicle delivery. Vehicles will not be accepted with batteries exhibiting less than 90 percent of full charge at time of delivery. The generator/alternator shall be the highest capacity optional generator/alternator listed in the manufacturer's current police package brochure applicable to the vehicle bid. It shall have a minimum 160 amp output. 4.3 x R ln,Msziisr..ioii: The transmission shall be fully auto atic transmssgto . a iippe 1 with auxiliary transmission fluid coolers, if necessary, to maintain oil operating temperatures not to exceed 275°F, maximum. Console or floor mounted snifters are acceptable, but must be capable of allowing the installation of CHP radio and equipment. 4.9 Steering: The power steering system shall be equipped with a fluid cooler, if necessary, to maintain power steering fluid operating temperatures not to exceed 300°F, maximum. 4.10 Brakes: The brakes shall be power assisted and feature an anti -lock brake system (ABS). All four wheels shall be equipped with disc brakes. Friction material shall be designed for police applications. 4.11 Wheels and Tires: Each vehicle shall be supplied with five (5) matching wheels and tires. One (1) oldie five (5) shall be a matching full size wheel and spare tire. A space saver type spare tire is not acceptable. The wheels shall have a safety ridge rolled into the rim or otherwise designed to prevent the tire from separating from the wheel in the event of a flat. Wheels shall be steel construction, designed for police applications. Lug nuts shall be covered with a center cap. Manufacturer's standard Tire Pressure Monitoring System shall be supplied. If a tire pressure WMINTON PAGE 2 OF 6 6/3/2015 1-XX-23-14 UTILITY VEHICLE, LAW ENFORCEMENT IFB CGS 1409-011 2310-3116R1 activation tool is needed to reset the light on the tire pressure monitoring system, one tool shall be provided for each vehicle as part of this requirement. The vehicle manufacturer shall test and certify tires as acceptable for original equipment and replacement installation on the police package vehicle specified in this invitation for bid. Any wheel weights used shall be "non-Iead" type. 4.12 Suspension: The front and rear suspension including shock absorbers shall be designed for police work. Front and rear stabilizer bars are required. 4.13 Differential.: The differential shall be the conventional type, ring and pinion gears, with a ratio designed to give the best overall performance for the transmission and tiro size installed on vehicle. The gear ratio shall be the same on all vehicles. 4.14 Radio Suppression: The system shall not cause or be affected by any electrical magnetic interference (EMI) or radio frequency interference (RFI) including but not limited to the following radio frequencies currently in use by CRP vehicles: • Low Band: 39 - 46 MHz Transmit and Receive • Repeaters: 153 -155 MHz Transmit and Receive • Radio, UHF 440 - 490 MHz Transmit and Receive • Allied Radio 806 - 870 MHz Transmit and Receive Allied Radio 581 - 866 MHz Transmit and Receive Allied Radio 159 - 173 MHz Transmit and Receive Allied Radio 150 - 174 MHz Transmit and Receive Radio / Repeater 764 - 806 MHz Transmit and Receive Canines 26 - 28 MHz Receive Canines 303.9 MHz Receive Computers: 896-901 MHz Transmit, 935-940 MHz Receive • Canines: 303.875 MHz Receive The system should not cause more than one (1) dB of radio degradation at the antenna whether it be radiated or conducted radio frequency interference (RFI), or electromagnetic interference (EMI). if the system causes any two or all three types of irter?ere? ^_.e. the totcombined allowable receiver degradation is i dB at all Ci F frequencies. See Exhibit 2 for radio degradation testing details. 4.15 Bodv: The body shall be a four door, sport utility with center post. Protective body side molding shall not be installed on the vehicle. This is to permit installation of an Agency insignia (33" long by 20" high) without trim interference. The wheel wells s"aril be constr-uctcr.. so that OEM approved tire chains or cables may be installed in a conventional manner, without clearance problems and without causing body or structural damage to the vehicle. 4.16 Exterior Color: The body shall be painted manufacturer's gloss black. The roof panel and lower portion of both front doors below the window belt line shall be painted manufacturer's gloss bright white. After -factory applied paint to accomplish the white portion of the two-tone paint scheme is acceptable if factory applied black and white two-tone paint configuration is unavailable from the manufacturer. VWWMINTON PAGE 3 OF 6 6/3/2015 1-XX-23-14 UTILITY VEHICLE, LAW ENFORCEMENT IFB DGS 1409-011 2310-3116R1 4.17 Interior/Seat Upholstery: Front seats shall be bucket type accommodating the installation of a center console by the end user. A 60/40 split bench / bucket type seat is not acceptable. The driver's seat shall be power adjustable and shall be designed for maximum comfort, support and durability. The front and rear seat shall be the manufacturer's standard cloth upholstery. (A vinyl rear set is acceptable provided the manufacturer warranties the vinyl seat material against sun and heat damage for not less than three (3) years.) 4.18 Speedometer: The vehicle described in this specification will be used in law enforcement and speedometer accuracy is essential. The speedometer shall be calibrated and be accurate within two (2) miles per hour at speeds from 15 to 100 miles per hour of the true vehicle speed, within the environmental operating conditions specified iri Section 1.0 Scope. The dial face shall be marked up to a minimum of 140 miles per hour. The design of the speedometer shall be such to insure accuracy Lll.' VUg1dV:dY the 111G of the vehicle. 111G' face markings shall be in increments no greater than two (2) miles per hour. if the manufacturer has available a digital display speedometer, the vehicle shall be so equipped. A letter of certification of accuracy shall be provided with each unit and shall be applicable to both digital and analog displays. The bidder shall specify the size of tires for which the speedometer is certified. The speed indicator pointer shall not cover more than a two mite per hour section of the scale. 4.19 Payload: The vehicle shall have a minimum payload of 1500 lbs when configured in the standard Police Pursuit rated version. 4.20 Radio: Vehicle shall be factory equipped with the factory base radio and at least two (2) front mounted radio speakers and two (2) rear mounted radio speakers. 4.21 Spotlights: The vehicle shall be supplied with factory standard driver and passenger A -Pillar incandescent installed spotlights. 4.22 Hood -Latch Release: The hood latch release shall be mounted inside the front passenger compartment so that the hood can not be readily opened from outside the vehicle. The release shall be readily accessible to the seated driver. 4.23 Floor Covering: The floor covering of the front and rear floor may be standard rubber, vinyl or carpet. The color shall be keyed to the upholstery color. OEM floor mats shall be included for carpeted vehicles. 4.24 Interior Area: The Vehicle shall be equipped with 1st and 2nd row seats only, and shall have a seating capacity of minimum 5. 4.25 Miscellaneous Equipment: The vehicle shall be equipped with the following miscellaneous equipment: • Backup camera with display R e{Terse sensing • Heated driver and passenger mirrors • Tilt steering wheel ▪ Fresh air type heater and defroster. Refrigeration air conditioning of a size and type recommended and installed by the manufacturer of the vehicle. • intermittent windshield wiper system. • Fuel level and water temperature indicator gauges. • 12-volt DC power outlet in front compartment. WMINTON PAGE 4 OF 6 6/3/2015 1-XX-23-14 UTILITY VEHICLE, LAW ENFORCEMENT IFB DGS 1409-011 2310-3116R1 • BalIistic Door Panels (left front and right front doors), threat level 3 or better. (Door Panels shall meet and pass National Institute of Justice Certification level III test standards. Testing certification shall be provided upon request.) • Cruise control • Dual electric horns or dual note horn. • Headlight wigwag capability. • Map/dome/courtesy light(s) which provide the following functions- o When vehicle front doors are opened, none of the interior map/dome/courtesy light(s) shall illumllu ..t.. automatically. inate auune�aawa,uy. o At least one map/dome/courtesy light (at both front and second row) that shall be manually operated to illuminate the seating areas. 3 Quick release style driver's side inside door handle to allow the driver's door to be unlocked by pulling on the inside handle. ▪ Driver and front passenger front impact air bag. • Driver and front passenger side impact air bag. • All four (4) doors shall contain power locking and unlocking mechanisms controlled by switches located on the driver's side door control panel. • All four windows shall be power actuated and controlled from the driver's side door control panel with a lockout feature to prevent other windows from being operated when locked out by the driver. • Rear window defogger/defroster on a separate switch. • The vehicle shall use the same single key for ignition, doors, rear, and glove box (if vehicle includes). A set of four (4) total keys shall be supplied for each vehicle. Each vehicle shall be keyed individually. • Arm rests on each of the four (4) doors (arm rests in rear passenger compartment may be mounted on other than the door if vehicle is so designed). • Left and right remote control outside mirrors. Similar in appearance and mounted on left and right front doors. Both mirrors shall be controllable from the driver's seat. • Windshield and all windows shall feature tinted glass. • Light in rear cargo area with rear cargo door actuated switch. • Standard tool kit including wheel changing tools and jack adequate to safely lift the vehicle. 4.26 Performance Requirements: See Exhibit 1 for testing methodology. 4:26.1 All vehie3eg cha?l meet the following Acceleration and 'fop Speed requirements: • 0 to 60 miles per hour in 9.0 seconds or less. • 0 to 100 miles per hour in 23.0 seconds or less. • 50 to 100 miles per hour in 20.0 seconds or less. • Attain a top speed of not less than 125 miles per hour within a distance of two (2) miles. • 0 to 60 miles per hour in 11.0 seconds or less at approximately 6,000 feet of elevation. 4.26.2 All vehicles shall be tested for the following Vehicle Dynamics: • Steering- Response, Road Feel • Suspension- Roll Resistance, Front-end Dive, Rear -end Squat • Handling- High-speed Curves, Medium -speed Curves, Tight Cornering, Predictability WM '1TON 1-XX-23-14 PAGE 5 OF 6 UTILITY VEHICLE, LAW ENFORCEMENT !FB DOS 1409-011 2310-3116R1 4.26.3 All vehicles shall meet the following Braking requirements/tests. ABS Braking: • Full ABS stop from 90 MPH. Stopping distance shall not to exceed 350 feet • Vehicle stops in a straight line Disc Brake Piston Knock Back Testing: • Excessive Brake Pedal Travel • Braking System Provided Acceptable Stopping Power • SteeYin.g Pull or Wheel Lock -Up Pursuit Course Testing: • Excessive Brake Pedal Travel z Braking System Provided Acceptable Stopping Power • Steering Pull or Wheel Lock -Up WMINTON PAGE 6 OF 6 6/3/2015 1-XX-23-14 UTILITY VEHICLE, LAW ENFORCEMENT Attachment C 2016 LITILITYPOLICE INTERCEPTOR EQUIP D .!T GROUP „jHgyPorts h ancep*r,rAWTD ..MD) Ha9A JS 8 7E, VB TM/CT FPI/ with S-Spend Auiomatic Transraie:Ion il 3.51V+E Bo - ("131mph Top Speed) iliisE •.L 'riuua r $375.00 Interior Upgrade Package - i . ario.-- rcovsrt',arpet Flow Covering - Cloth Sainte - Rear - Canter Floor Console less shiner vafunique Poke console finish plats - Includes Coro e - Top Plats -Fetch 3 (1ncl.2cup holders)g�' -'rioo+r Mats, irmnt and rear (carpeted) - Deletes the standard console mounting plate (85D) Nets: Not available with•options: 87a.&7n, 67U Frx4 HasW,ar ip; ForIlCe Interceptor Housing Orgy •-Pre-drilled hole for side marker police use, does not include LED installed lights (alirrinata8 need to drill housing easenbhes) -Pro-molded side warning LED holes with standard twist lock sealed capability (does nor include LED installed lights) Nato: Nos avallabla with options aBA and 6711 " ' $121.00 Front Headlamp Lighting Solution - Includes base LED Low beamltnoandeaceeit (klalogen) High teat headlamp wdh High Beani lAllg-vi• - gpre-wire for grille lights, siren en(Unction and Iwo (2) while d apt ( aide 4) @ lights -v�(ED mitt included. Ooni alter nee k tl Botts evalaibleWith option. Ism Note: Recommend using Cargo Wiring Up% Package (670) or (Abrade Whiny Peck a (®7)) 66A $818.00 *Tail Lamp / Police Interceptor Housing Only - Pre-exisling titles with standard twist lock sealed capability- does riot include LED installed lights) Note: (eliminates evadable with arsons 6te drill 669 67H assemblies) aBT $�r9 Tall Lamp Lighting Solution - Includes base LED lights plus two () near integrated hernlspi eric Iighthead white LED side warning I:ghts in tatllamps Note: Nottwive : B7Hr"not" Included Note: Recommend using Cargo Wiring Upft Package (670) or ultimata \Mnng Package (87U) 668 ' $#i�B Q0 Rear Lighting Solution - Inc1udratwo (2) baatdd Bashing linear high -intensity LED lights (divers rude red / passenger side blue) mounted to inside litigate glass - Inckides two (2) bacictit flashing hnear high -intensity LED Ughia (drivers side red 1 Passenger wide blue) installed on inside lip Of liftgate (lights adwate when litigate lei open) LED lights only. VVinng, controller "nor included Note: Not even table Ninth opton: 67H 66C $438.00 Note. Recommend wog Cargo Ming Upfo Package (870) or Ultimate Wiring Package (67U) • p, Cargo Wiring Upflt Package - Rear console plate (85R) - contours through 2"° rowr, chant e[ for waning -- Vyiring overlay hartness with fighting end siren Interface connections -Vehlcla &pine Harness: o Two (2) Might connectors - supports up to six (6) LED lights (I:maitre comportment) o Two (2) grille light connectors o i wo (2) 60 amp battery ground oh -Cults in right hand rear -quarter power distribution itmodon [cock a One (1) 10-amp sOmr Vspeaker circuit (angina to cargo ar a) -Whalen Lighting PCC6R Control Head - Vineien rk:+:oir. light Relay &stair (mounted Omuta 2-- row seat) ed(ca (jumper -What Spfic CCau a to area) PCCBR to Control Head -• Doss'noE bolo* LED Shen ono speaker (ti{F!i) o Recommend Police Wire nn r 1pts 47C and 21P Note: Not evadable with opHortaw 85u, 67H and 87U 87[i $ 86.00 ,2 1 Ready for the Road Package: A[t-in Cornpl&te Package-IncludesPollee Interceptor Packages: &GA 8Bf3, GSC, pius - Whelan Cenaam Light Controller fiend with dimmable backlight -Whaler: Cana+ n Relay Center! gran / Amp *Mao Advisor (mounted bettlrrd 2" row saal) - LPub Certtroller: Relay Cencorn Wf7,rig jwiririg FotfineeS) W/W116 hsi iflputloutpt4P pigtails - I•agh curre,'it pi tli -Whalen Spcadfia WECAN Cable (console to cargo area) sionneclsCencom to Control Head - Pre -wiring for grille LED lighta, serail and speaker (60W) - Rear consoleplate(85R)-:contours through 2"rag channel forsonng --Grillehnear LED Lights (Red i Blue) and harness -100-Watt Siren' Speaker - Hidden Door -Lock Plunger/ Rear -Door Handles Inoperable (52P) --Wiring Harness: o7Wo (2) so atop battery and ground wits in RHl rear -quarter Note: Not available With options: 66A, 668, 66C, 874, 67U and NU • ii7i;4 • $ 277.00 ' * = New for this model year P c inoiudad lit equipment Group, S = Staritdoi'd dui 3111B7L O x Qgtrgtiaii _4- Rini Division 2010 UTIUTY POLICE INTERCEPTOR QUIP VI $T G OU F Is3U4PraLNVtiii.01.h r,� ` alE ., �`TY 13., 3,(..F,>4,.CY i- ai4. d vc ,4�'. 1 °t �7 �'•^3 z;2� a�.t 4{ 4�: `'�'"r'1 Cix.: +,4v. h,''+�'3•.+q - , 4 gfi..i i -- 'k Ultimata Wiring Package Includes the following' ..Rear console mounting pada (85R)-contourethrough 2n4 row, charmed for wiring -Pre. rI/ig for grile LED Ifghte, siren and speaker (80A) -Wring harness Up torear cargoarea (evorlay) o Two (2) light cables --supports up to six (la) LED lights (engine compartment/OW u Two (2)) HOamp clattery and ground (*arils in RH rear quarter o ono (i)10ampelrent:ipes arse - Rear natal/cargo eras wiring --supports cop to six (6) rear LED lights -• Does include) ETI bghI,side connectors or controller o Recommend Police fee Hamm* Genner4r4' Rs gin:: an•i 2iP Note: Noi eashablewAh options 85U. e70. 87H 67ti $529,00 Ponce Wire Harness Connector lit- Front Porconn ' to Fob Pi PPelcoge solutIono lnotud: • (2) Male 4-pin connectors tar siren • (6) Female 4-pir moons far ilghttngtslretepeaker • (1) 4-pin IP connector ror speakers • (1) 4.pin IP connector tor siren controller c nnsclivily • (1) 8-pin sealed c rector • (1)14-pan IP connectar NSW Sao tlptthespunts toriuutherdetail y r)oalloeirdarceosan,otiicom 4TC 1 ; $100. 00 Police Wire Harness connector Kit- Rear For cpnnecil my to Ford PI Paokage suiutronsf Includes: ' " (1) 2-phi£ t neertiging -(1)2'pinconnector • (6) Female 4-pin connectors - .. • (8) Male pin connectors • 10-pm connector Note:}See UpfdSarsguide for further detailJoni rrol .l4 961 Cent 21P $126.00 = +i.1jirineastIA. , u-- S87.On !) y f ' ,eT li .`li 71 w , =*F :, FM..''x' AIFF Engine /;lock meter License Pate 8racicet- Franc '.:. rig•, +_. 3. �.''f't��t .....+ r '.a��....,...v'-�,4e Si:.c:..M.:..:... .+4,r.,,�.^.u4..., I••%•f�°i:ri.:.., ds•��.���•-` !�'��. :.. Xi _. Auto Headlamp •'�'.�i.�'. .._ 65L' :: 1.�"'::'�i ; L�rx 1:i �4. 3!` $109 00 Dark Car Feature --Courteesy lamp dtsablewhen anydoorIsopened 43t3 CONTRACT Daytime Running Lamps 1342 $43.00 Dome Lamp - Red/White In Cargo Area 17T $50.00 - *Front Warning Auxiliary Light (Driver side - Red !Passenger aide- Slue) Note: Require/a60A zltr $529.(?0 *Forward Indicator Pocket Warning Light- Warn, Park, Tom (Diver sofa •- Reed 1 Passenger aide- Hotar BlueRequire 80A 31W $C>i4.00 Pie rktng for grille LED lights, sheen and speaker $50.00 60A 0 / P-58A / P 7G / P-67H f P-67t3 Side Marker LED - Srdavlew Mims (Drtwer aids - Rad l Paasengerbxie- Blue) - Located on backside of exterior mirror housing -LED lights only. Wring, controller tor included. Not Romano60A Note. Recommend using Oo Whine Upit Package (67G), fkesdyfor the Reed Parana (6.71i) or Mo ate %MengPackago(87U) $280.00 Rear Quarter Gees 8[s AOarirc 11.1r.thel (Driveraids- Red/Pa anosrskle-Bluey 63 t. .. s ] Spot Lamp Prep Krt, Driver Side twin, Does not inclose *pot Berm houslrp Lice bulb �1P $ i.34 t r0 r Spot. temp Prep Kit, Dual aside Note: Does not indudespot lamp housing and�i bulbs 81Yk M ,V, ��+ 5t ' $270.00 ,a, a.r; r+,xj,'¢'f 7. li: .. .�.�i +i• . r K f' ¢L $206-.00 iDrNeer- 0rdy „ Purl (+drhv and peasanger) 1 s. :.fir•, � � Cii $337.00 ' .,- :.S1T%�'.'j''L'. - , -r:>�+¢,+;-0q�.y.r .vau,:..:. ;m.,...nr..,•a,p .. ; ;�S�.r.':` s r 4 � r ;�el�.: :i;�, y�na ,n� � S �' •t��. 1�.z*' a y '`�`. ��y«U�C• it i:: _.a a7 3L:,,....-!:1=:�.K'.�.5 'Yi•.in'Ir� iR ,�•i" ��:� �•:: ` } �:+.", �-_.,... €1 Drtc r CnlY (Un t)/) f true 67nt)• e9ialare alto 04(rd nn Dual (driver and passenger) (Unity) 518 . $595.00 mai (drawer and passenger) Wh .^ 51V ;»:?,�, :>E2G �::,;:.�,,i:'.-c::'`�"�`b . rt... . ,1• ,. ..'.'.. 4• ,...y, _..:r:lSfiii , .,,. (algae - Solarilnt 270 Row, Rear Quailerarxi Opole Wridow (Deletes Privacy Giese) QO Glass -• Solar 11ntZ Row Only. PrivacyglassanRees Quarter and LiflgateWindow tl ti * = New 1Or this medelyear P w incWUded In Etlidpment Grpu_ $ a Standard Egtdnmard, 0 a Oitiolat I -5- Ford Dhrisian 2016 UTILITY POLICE IIITERCEPTOR •• EQUIPMENT GROUP U UPI}h"fl tux, tnIJR Root Rack 8ida Rtdle -Black Deflector Plate (Standard on Eaol3ooe109engine) Two.Thne Vinyl Package 01 • Roof Vinyl • RH/LH Front -Doors Vinyl • RHILH Rear -Doors Vinyl • lM rit9 (YZ) Onty Note: Not available\nith the following oplklns; 91C, 91D, 91E, 81F, 910, 9111; 91J Two-T ne vinyl Fesineje • Roof Vinyl • RH/LH Front -Doors Only Vinyl • White (YZ) Ditty Note; Not avattetile with the following options; 91A, 810, 91E, 91F, 81t3, 61 H, 31J 'two -Tone Vinyl - Roof • Roof Vinyl • White Only Natty: Not sysilebtawith theft:8cw}nyoptions 91A.01 eez $150.00 ,�`,� $322.00 91A 91C 91H $807.00 $673.00 $471.00 Two -Tone Vinyl -RH/LH Front -Doors • Waite Only Now Not avaeribiewittrthefotleisfing colorer VIA, 91C, 91D, 91E, 97F, 9 S 3 91.1 $293.00 Vinyl Word Wrap- POLICE "non -reflective" • WIIfte (YZ) Iodating located on Lli/Fti'i sides of vehlcle Note: Not availed* with the following opticne.91A,91C, 91E.91F, 91G,91J 91P $764.00 Vinyl Word Wrap - POLICE "ndecttva" • $lack lettering located on Lfi1RH aides. off vehicle Note; Not available with thefoiovm options 91A,SIC, 91D,91F,910,91J Vinyl Word Wrap R POLICE "reflective" • White lettering lotted on t.WRH aides of vehicle Note: Not avalfabtewRh the following option*. 91A. WC, 910,91E. 910, 91J Vinyl Word Wrap - SHERIFF "non.refective" • white tettertng tocated on LH/RH aides of vehicle Nate: Not *enable with the following option- 914. 91C, 91:D, 91E, 91F, OIJ 91E 91F 91G $764.00 $764.00 _ $764.00 MiBeal Covers�Fufl Fare Wheel Cover) Note: Onty with the standard Poke wheel, not avegabawith 84E $59.00 18' Painted Aluminum Wheel Note: Spar wheal is an tr conventional (Police) black steel wheel yL r • r.' s a itW., ... 84E 7.00 Rear View Camera (Includes Electraanhrcxhfa Rear View Mirror- Hideo is d eplayed in rear view mirror) Notee This aptkut would reptar:e the canters that comes staarrd in thee canter steak area Not% C.wneca. can only bedisplayed Inthe 4•tenter stack (std) the rear view mirror (87R) EYNON Eaeia (Vaicei4divated Corrununiaation System) - Iodides single USE port and single awdaary audio Input jm:tit . . Renlappable (4) switcho on steering wheal (teas SYNC'S) Rernappaable (4) switches on steering Wheel (watt SYNOD) Rear -door Handles Inoperable l i.oc a Operable Neat-Cmar nannies income Hidden Doc lade PktngerwdReer-lacy harts tipera& lii et.-t Caw -Lod: nluagto'4Yr . 'firiiaoi handles i[K7iJiN'iJi i!!{ Vie' Windows -Rear-window powerdetete, opersbl art,,tt r 1'4 and 2i" few carpst.ftoor 21Row Cloth Seat from 87R 63M a1R 818 NC 1 a tMv a tK 881, 52H " '. a . wa �$ rtf saiec52P .rc_...-__�+c:?:#�:i `::��.i bd::4, .:,:%Ik???Sadl ,'.If;%:i,. e.::.:d; driver side switches 181N (iracludea ilaor mate, front end rewi $284 00 $150,90 -' F 1 1 -_ $33.00 $154,100 iP-8 $200 10C *Power passenger seat.(tidy) wintanua' f t o and lumbar (Cats Avait&fity) Front Console Piste - Delete Noter lieu aveilebie with option: 670, e7H, 67U, 85 08F 87'P 910 $121.00 P-86U qt{� fj f rP-vile; $= 1R.00 NC P-850 Rear Console Plate • Note: Not available with option: 86U, 860 Keyed Alike-1435x 3.0r(` fl/P.a7H1P$7U '1 Options ael., 880, 52H and 52P not available in anYcombination * a Nam model near bFc 50.00 P•m itxiuded in ixtutpmgnt Group, $ to Standard EauiDment 0 m Optional - Ford Division 2016 UTILITY POLICE INTERCEPTOR EQUIPMENT GROUP Y}' 896 .. '9 Lu 7I S50_00 �F .. f . +i, :al ,.4 hf� .. y. 4�`+� Keyed Alike —1284xxk.r..:. Keyed Alike —0135x 5 i Keyed Alike —0571 c a 1 5f1 Qf} KeyedAlks-1411x . So.QI Keyed Mole--1284x 89C89J $50:00 Keyed Alike —4151x SSG f ;.. .• 1 i�Jil '�s ' 4.:w''•"6.'r`�-1.4:0..:.k.& ''YkM+., i11.K.'.'+�4F�F ,::ZI ..'R 1 3°s : ' t '.IS, • Ballistic DoorPsnef — Driver Fro t-Docr Only . - ;,245. 0 cle:.it Bask: Mar -Panels — Dover & Pass Front -mats _ gp 81.160 — land Spat Monitoring virkh Crass-traMc Alert (Requires 54Z) Not& includes man ualfatd-awaymirrao,wheat,wramemory,vdopaddlelarmps l bGl3tS4Z $523.00 .Lockable Gas. Cap for Easy FueNei eagles Fuel -Filler rtBL $? 9A Mirrors —Heated SidevItwr 59 Qe Pa:inYeterAnti-Theft Alen —Azthertedby Hood. Dearer Wards -- Retakes Key Fob (585) 68W $116,0O Remise Keyless -Entry Key Fob (wto Keypad, less PATS) Not Nat evelabiawithKeyedAilke 69e $250 00 Reverse Sensing • f; ' > dry: {, x !t!i?�a.x � �.�4f�t.�@r�sl� �:�� :;+1�'f'�y•,�1+.. ',`w°.VN',�ca� �. :,;t-iyS` '7Yr''YF•���'?`�' 70R fi 17A $264.00 1 ,. ^ zm �`` 7' , �*'1���;: $5$6.00 AuxAIrCondmoning . — Note: Nat erasable with cargo StorageVault(03V) Badge Delete — Deletes the "Police Intercx ptar' badging on rear litigate — Deletee the "interceptor" bodging on front hood (1=coeoaa48l) . 15D NC~ Cargo Storage Vault (Includes lockable door and compartment light) Nate: Not pato& with Aux. Air Corm 1 s; MA) • it3Y $235.00 Scuff Guards — Protective Veep edging located on front edge of bode sear -doors ' —Top surface of rear bumper (help protect the upper surface from paint damage that can acauwhil3 loading and unloading of cargo) EdU $87.00 My Speed•Fieat Management —.Allowe•daaler or fleet administrator to lower the maximum vehicle Ispeed end the maximum audio Waken volume using a Ford authorized 1U8 diagnostic service tool —Allows the VMAX speed to be set in Smph Increments (beumeen 00--131 mph) Note: See Upfitier's Gu de for bather detailvicpw.tardootioainteroaistbrvuiit cops 4313 $59.00 Noise Suppression. Sonde (Ground Straps) BQR $96.00 Enhartced OW Cooler — Power Trvanerer Unit Recommended usage EVOC Tram1ngg Continuous/ Extended Track usage Notes ThiePTUt,00lerisnot requrmdfor day todaypatroiusage Note:.Requires•the 3.6L Ve EcoBoostel Engine (gm a�� $2,8U9.00 104 Watt 8ireniepeaker (tnoitdes bracket and pigtail) 18X ; . 1 a / P.67H * = _New for?.".fs model year minded di &Moni Belt { rot1p, S ^ Menders! MOD'nent, 0 Q Optional Ford DiVisrprt Department of General Services Procurement Division 707 Third Street, 2"° Floor West Sacramento, CA 95605-281 t State of California CONTRACT USER INSTRUCTIONS **** MANDATORY **** CONTRACT NUMBER: 1-15-23-14B — Supplement 1 DESCRIPTION: Ford Police Interceptor Utility SUV CONTRACTOR(S): Folsom Lake Ford CONTRACT TERM: 6/30/2015 through 6/29/2017 STATE CONTRACT ADMINISTRATOR: Rudolph Jimenez (916) 375-4390 Rudolph.Jimenez@dgs.ca.gov The contract user instructions, products, and pricing are included herein. All purchase documents issued under this contract incorporate the contract terms and applicable California General Provisions. All Changes are in RED Signature of File Timothy Smith, Contract Administrator Date: 9/2312015 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Canted Mande • ry 1-15-23-14I3 — Supplement 1 Contract User Instructions SUMMARY OF CHANGES Supplement No. 1 Description/Articles Supplement Date Subject contract for Ford Police Interceptor Utility St1Vs is hereby modified to reflect the following change: Article 33 Contract Administration, Contract Administrator has changed from Timothy Smith to Rudolph Jimenez. All other terms, pricing, and conditions shall remain the same. 9/23/2015 Contract 1-15-23-14B — Supplement 1 User Instructions Page 2 9/23/2015 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract Mandell • ry 1-15-23-143 — Supplement.1 Contract User Instructions I. SCOPE The State's contract with Folsom Lake Ford (Contractor) provides Ford Police Interceptor Utility SUVs at contracted pricing to the State of California and iocal governmental agencies in accordance with the of Contract . n Contractor •i the tiro portfolio f as e�i,,,iir�l7ieiit4 �U!!lr�f_%!±� !-!c�-23- lµ�. The l�Vf!!Ir+.Glti! shall Fiii'ak�iji entire. yu! �!vliu of products as identified in the contract and will be the primary point of contact for data collection, reporting, and distribution of Ford police Intercepter I ]tility .Sl i\fs to the State. The contract term is for two (2) years with an option to extend the contract for one (1) additional twelve month period or portion thereof. The terms, conditions, and prices for the contract extension option shall be by mutual agreement between the contractor and the State. If a mutual agreement cannot be met the contract may be terminated at the end of the current contract term. 2. CONTRACT USAGE/RULES A. State Departments The use of this contract is mandatory for all State of California departments. • Ordering departments must adhere to all applicable State laws, regulations, policies, best practices, and purchasing authority requirements, e.g. California Codes, Code of Regulations, State Administrative Manual, Management Memos, and State Contracting Manual Volume 2 and 3, as applicable. Prior to placing orders against this contract, departments must have been granted non -IT purchasing authority by the Department of General Services, Procurement Division (DGS/PD) for the use of this statewide contract. The department's current purchasing authority number must be entered in the appropriate location on each purchase document. Departments that have not been granted purchasing authority by DGS/PD for the use of the State's statewide contracts may access the Purchasing Authority Application at http://www.dgs.ca.gov/od/Resources/publications/SCM2.aspx or may contact DGS/PD's Purchasing Authority Management Section by e-mail at pams(aidgs.ca.gov. • Departments must have a Department of General Services (DGS) agency billing code prior to placing orders against this contract. Ordering departments may contact their Purchasing Authority contact or their department's fiscal office to obtain this information. B. Locai Governmental Agencies • Local governmental agency use of this contract is optional. • Local government agencies are defined as "any city, county, city and county, district or other governmental body or corporation, including the California State Universities (CSU) and University of California (UC) systems, K-12 schools and community colleges", empowered to expend public funds for the acquisition of products, per Public Contract Code Chapter 2, Paragraph 10298 (a) (b). While the State makes this contract available to local governmental agencies, each local governmental agency should determine whether this contract is consistent with its procurement policies and regulations. • Local governmental agencies shall have the same rights and privileges as the State under the terms of this contract. Any agencies desiring to participate shall be required to adhere to the same responsibilities as do State agencies and have no authority to amend, modify or change any condition of the contract. • Local governmental agencies must have a DGS agency billing code prior to placing orders against this contract. DGS agency billing codes may be obtained by emailing the DGS billing code contact with the following information: Contract 1-15-23-14B — Supplement 1 Page 3 9/23/2015 User Instructions STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract mandatory 1-15-23-14B — Supplement 1 Contract User Instructions c Local governmental agency o Contact name o Telephone number • Mailing address o Facsimile number and e-mail address DGS Billing Code Contact: Marilyn.ebertAdgs.ca,gov_ C. Unless otherwise specified within this document, the term "ordering agencies" will refer to all State departments and/or local governmental agencies eligible to utilize this contract. Ordering and/or usage instructions exclusive to State departments or local governmental agencies shall be identified within each article. 3. DGS ADMINISTRATIVE FEES A. State Departments The DGS will bill each State department an administrative fee for use of this statewide contract. The administrative fee should NOT be included in the order total, nor remitted before an invoice is received from DGS. Current fees are available online in the Procurement Division Price Book located at: http://www.dgs.ca.gov/ofs/Resources/Pricebook.aspx. (Click on "Purchasing" under Procurement Division.) B. Local Governmental Agencies For all local government agency transactions issued against the contract the Contractor is required to remit the DGS/PD an Incentive Fee of an amount equal to 1% of the total purchase order amount excluding taxes and freight. This Incentive Fee shall not be included in the agency's purchase price, nor invoiced or charged to the purchasing entity. All prices quoted to local governmental agency customers shall reflect State contract pricing, including any and all applicable discounts, and shall include no other add -on fees. SB!DVBE P7-RAMP PROVISION There is no SB/DVBE off ramp associated with this contract. 5. EXEMPT PURCHASES To purchase other than the contract commodity iisted requires an approved exemption from the DGS/PD Contract Administrator. Please refer to htto://www.dgs.ca.gr v/pd!Programs!Leveragedlcontracts/exemptionprocess.asox for information and the required justification forms regarding the exemption process. 6. PROBLEM RESOLUTION/SUPPLIER PERFORMANCE Ordering agencies and/or contractors shall inform the State Contract Administrator of any technical or contractual difficulties encountered during contract performance in a timely manner. This includes and is not limited to informal disputes, supplier performance, outstanding deliveries, etc. For contractor performance issues, ordering agencies must submit a completed Supplier Performance Report via email or facsimile to the State Contract Administrator. The ordering agency should include all relevant information and/or documentation (i.e. Purchase documents). Contract 1-15-23-14i — auppiement i User instructions Page 4 9/23/2015 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract Merry 1-15-23-14B — Supplement 1 Contract User Instructions 7, CONTRACT ITEMS The following one (1) vehicle is available for purchase under this contract: FORD POLICE INTERCEPTOR UTILITY SUV No other Ford vehicles are available for purchase under these contract terms. 8. SPECIFICATIONS The vehicle listed on Attachment 1, Contract Pricing, must conform to the State of California Bid Specification Number 2310-3116R1, dated 6/3/2015, Attachment 2b 9. CUSTOMER SERVICE There are no specific customer services requirements associated with this contract. 10. ELECTRONIC CATALOG/CONTRACT WEBSITE CONTENTS There is no electronic catalog or contract website associated with this contract. 11. PRE -ORDER CONFIGURATION CONSULTATION (OFFER GENERATION) There is no pre -order configuration associated with this contract. 12. ELECTRONIC WASTE RECYCLING FEE There is no electronic waste recycling fee associated with this contract. 13. PRODUCT SUBSTITUTIONS There is no product substitutions associated with this contract. 14. PROMOTIONAL PRICING There is no promotional pricing associated with this contract. 15. STATE AGENCY INFORMATION TECHNOLOGY CERTFICATION REQUIREMENT There is no technology certification requirement associated with this contract. 16. PURCHASE EXECUTION A. State Departments 1) Purchase Documents State departments must use the Purchasing Authority Purchase Order (Std. 65) for purchase execution. An electronic version of the Std, 65 is available at the Office of State Publishing web site: http:i/www.dgs.ca.gov/pdiForms.aspx (select Standard Forms). All Purchasing Authority Purchase Orders (Std. 65) must contain the following: • Agency Order Number (Purchase Order Number) Contract i-15-23-i4B— Supplement i Page 5 9/23/2015 User Instructions STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contact Mandatory 1-15-23-148 -- Supplement 1 Contract User instructions • Ordering Agency Name • Agency Billing Code • Purchasing authority l'iu l:.sc • Leveraged Procurement Number (Contract Number) • Supplier information (Contact Name, Address, Phone Number, Fax Number, E-mail) • Line item number ▪ Quantity • Unit of Measure — (each) • Commodity Code Number • Product Description • Unit Price • Extension Price 2) € lanket Orders The use of blanket orders against this statewide contract is not allowed. 3) American Recovery and Reinvestment Act (ARRA) - Supplemental Terms and Conditions Ordering departments executing purchases using ARRA funding must attach the ARRA Supplemental Terms and Conditions document to their individual purchase documents. Departments are reminded that these terms and conditions supplement, but do not replace, standard State terms and conditions associated with this leveraged procurement agreement. • ARRA Supplemental Terms and Conditions Note: Additional information regarding ARRA is available by clicking here to access the email broadcast dated 08/10/09, titled Supplemental Terms and Conditions for Contracts Funded by the American Recovery and Reinvestment Act. B. Local Governmental Agencies Local governmental agencies may use their own purchase document for purchase execution. The purchase documents must include the same data elements as listed above (Exception: Purchasing Authority Number is used by C.ctc departments only). C, Documentation All ordering agencies will submit a copy of executed purchase documents to: DGS - Procurement Division (IMS# Z-1) Attn: Data Entry Unit 707 Third Street, 2nd Floor, MS 2-212 West Sacramento, CA 95605-2811 17. MINIMUM ORDER The minimum order shall be one (1) vehicle. 18. ORDERING PROCEDURE A. Ordering Methods: Ordering agencies are to submit appropriate purchase documents directly to the contractor(s) via one of the following ordering methods: Contract 1-15-23-146 — Supplement 1 Page 6 9/23/2015 User instructions STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contact Mandatory 1-1 5-23-14B — Supplement 1 Contract User Instructions • U.S. Mail • Facsimile • Email The contractor's Order Placement Information is as follows: ORDER PLACEMENT INFORMATION U.S. Mail Facsimile Email Folsom lake Ford 12755 Folsom Blvd. Folsom CA, 95630 (916) 353-2078 danr(cfolsomlakeford.com Note: When using any of the ordering methods specified above, all State departments must conform to proper State procedures. 19. ORDER ACCEPTANCE The Contractor shall accept orders from any State department or local governmental agency. The Contractor shall not accept purchase documents for this contract that: • Are incomplete; Do not have a DGS billing code — (local agencies) Are submitted without Contract Administrator approval of non -core items ▪ Contain non -contract items; or a Contain non -contract terms and conditions. The Contractor must not refuse to accept orders from any State department or local governmental agency for any other reason without written authorization from the Contract Administrator. 29. ORDER RECEIPT CONFIRMATION The Contractor will provide ordering agencies with an order receipt confirmation. via e-mail or facsimile, within 48 hours of receipt of purchase doeunier!i. Tile bider Receipt Confirmation shall include the following information: • Ordering Agency Name • Agency Order Number (Purchase Order Number) • Purchase Order Total Cost • Anticipated Delivery Date 21. OUT OF STOCK REMEDY Under no circumstance is the Contractor permitted to make substitutions with non -contract items or unauthorized products. 22. DISCONTINUED ITEM REMEDY Under no circumstance is the Contractor permitted to make substitutions with non -contract items or unauthorized products without approval from the Contract Administrator. 23. DELIVERY SCHEDULES Contract 1-15-23-14B — Supplement 1 User Instructions Page 7 9/23/2015 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract Mandatory 1-15-23-14B — Supplement 1 Contract User Instructions Delivery for orders placed against the contract resulting from this solicitation shall be in accordance with the following: A. Pre -Delivery checklist Prior to deiivery, each vehicle shall be completely inspected, serviced and detailed by the delivering dealer andfor the manufacturer's pre -delivery service center. A copy of the pre -delivery checklist shall be completed for each vehicle, signed by a representative of the organization performing the inspection/service, and delivered with the vehicle. B. Locations Deliveries are to be made (statewide) to the location specified on the individuai purchase order, which may include, but not limited to inside garages and parking lots. C. Schedule Delivery made to any State department is to begin within 90 days after receipt of order (ARO). State departments may limit delivery to a maximum of ten (10) units per working day. Delivery to local governmental agencies is to be completed in full within 150 days ARO. Since receiving hours for each ordering agency will vary by facility, it will be the Contractor's responsibility to check with each facility for their specific delivery hours before delivery occurs. The Contractor must notify the ordering agency within 12 hours of scheduled delivery time, if delivery cannot be made within the time frame specified on the Order Confirmation. Contractor is requested to make deliveries in Los Angeles County, Orange County, San Bernardino Metropolitan Area, and San Diego Metropolitan Area during off-peak hours. Off-peak hours are Monday through Friday, 10:00 AM to 4:00 PM. D. Security Requirements Deliveries may be made to locations inside secure institutional grounds (such as the California State Prisons) that require prior clearances to be made for delivery drivers. Since security clearance procedures for each facility may vary, it will be the Contractor's responsibility for contacting the secure location for security clearance procedures, hours of operation for deliveries and service, dress code, and other rules of delivery. Deliveries that are delayed due to drivers not being cieared to enter institutional grounds may cause your firm to be declared in detault of contract requirements. Note: In accordance with paragraph 15 of the General Provisions entitied "Deiivery", the contractor shall etriety aNncro to the delivery terms nnn rmmpiarinn s tlecllle _1R sped ierI in thig cnfirIt9TIOn allure to comply with the delivery requirements, as stated, may be considered a breach of contract and subject the contractor to General Provisions 26, entitled "Rights and Remedies of the State for Default". 24. EMERGENCY/EXPEDITED ORDERS Not Applicable. 25. FREE ON BOARD (F.O.B.) DESTINATION The Contractor is required to deliver vehicles to State agencies or iocai governmental agencies FOB Destination, Sacramento County. Additionally, delivery shall be FOB Destination to the California Highway Patrol (CHP), Fleet Operations, 3300 Reed Ave., West Sacramento, California 95605. Vehicles shall be delivered from the factory to the dealer's place of business. If the purchase order indicates delivery outside an FOB point, the dealer and agency will negotiate for delivery beyond the FOB point. This delivery may be subject to an additional delivery charge by the resulting contractor(s). This charge shall be shown as a separate item on the purchase order and invoice. Contract 1-15-23-14B—Supplement 1 Page 8 9/23/2015 User Instructions STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract Manda' • ry 1-15-n3-14 — Supplement 1 Contract User Instructions State agencies requesting delivery outside the FOB area must contact the Office of Transportation Management for freight rate comparisons if the dealer is delivering the vehicle. These delivery instructions will be provided on the purchase order. Dealers receiving a purchase order without specific transportation instructions must contact the ordering agency. Caravan or drive -away method of delivery from the factory to a dealer is not acceptable. The Contractor shall insure that each vehicle reaches its delivery point with no less than five (5) gallons of fuel in the fuel tank. Drop ship deliveries shall not be made without prior State inspection. Vehicles delivered from the Contractor with more than 50 miles on the odometer will be charged 50 cents for each mile exceeding 50 miles. This charge shall be deducted from the order price for each vehicle delivered against each order. Vehicles delivered with more than 250 miles on the odometer will not be accepted. 26. PALLETS There are no pallet requirements associated with this contract. 27. SHIPPED ORDERS All shipments must comply with General Provisions (rev 06/08/2010), Paragraph 12 entitled "Packing and Shipment". The General Provisions are available at: http://www.documents.dgs.ca.gov/pd/modellang/GPnonIT060810.pdf. 28. PACKING SLIP Not applicable to this contract. 29. PACKING LABEL There are no packing label requirements associated with this contract. 30. HAZARDOUS MATERIALS DOCUMENTATION For prOdllct.that contain hazardouha ,!c !s, as defined by California Code of Regulations, Title 8, Section 339, the Contractor must provide a Material Safety Data Sheet (MSDS), via facsimile or email, to the ordering agency upon written request. 31. INSTALLATION There is no installation associated with this contract. 32. N4 PECI CN AND .",CCEP T ANCE Vehicles ordered for State use will be inspected by a State Inspector at the dealer's place of business. Inspection will commence within five (5) State working days of notification that a vehicle is ready for inspection. inspection will include: specification compliance, workmanship, appearance, proper operation of ail equipment and systems, and that all documents are present. In the event deficiencies are detected, the vehicle will be rejected and the delivering dealer wi!! be required to make the necessary repairs, adjustments or replacements. Payment and/or the commencement of a discount period (if applicable) will not begin until the defects are corrected and the vehicle is re -inspected and accepted. Completion of inspection or acceptance by the State Inspector shall in no way release the dealer from satisfying the requirements of the contract, specifications, and warranty. Deviations from the specified Contract 1-15-23-14B — Suppiement 1 Page 9 9/23/2015 User Instructions STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DMSION Contact Mandatory 1-15-23-14B — Supplament 1 Contract User Instructions requirements that are detected by the inspection shall be corrected by the dealer in an expeditious manner at no expense to the owning agency. Inspection by local agencies will be at the dealer's place of business or =s otherwise agreed to by the dealer and local purchasing agency. A. nOCLii�-�NTS: I�V'UVIYIu--IY 1 - The following documents shall be delivered to the receiving agency with the vehicle: 1. Completed and signed pre -delivery service checklist, including the order number and Vehicle Identification Number (VIN) 2. "Line Set Tickets" or 'Window Sticker" showing all options installed 3.One (1) copy of the vehicle warranty 4.One (1) Owner's Manual 5.Speed Calibration documentation for each vehicle 33. CONTRACT ADMINISTRATION Both the State and the contractor have assigned contract administrators as the single points of contact for problem resolution and related contract issues. 1 Administrator Information DGS/PD (State Contract Administrator) Folsom Lake Ford i (Contractor) Contact Name: Rudolph Jimenez Dan Raimondi or Mark Paoli Telephone: (916) 375-4390 (916) 351-4246 or (916) 351-4202 Facsimile: (916) 375-4613 (916) 353-2078 Email: Rudolph.Jimenez(a dps,ca.gov danr(a folsomlakeford.com markp_goli@folsomlakeford.com Address: DGS/Procurement Division Attn: Rudolph Jimenez 707 Third Street, 2nd Floor, MS 201 West Sacramento, CA 95605 Folsom Lake Ford 12755 Folsom Blvd. Folsom CA, 95630 34_ RETURN POLICY Not spp! csbSc. to this contract 35. CREDIT POLICY Not applicable to this contract. 36. RESTOCKING FEES There are no restockina fees associated with this contract. 37. INVOICING Ordering agencies may require separate invoicing, as specified by each ordering organization. Invoices will contain the following information: Contractor's name, address and telephone number • Leveraged Procurement Number (Contract Number) ▪ Agency Order Number (Purchase Order Number) • Item and commodity code number Contract 1-15-23-14B — Supplement 1 Page 10 9/23/2015 User instructions STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract Mandatcmy 1-15-23-14S — Supplement 1 Contract User Instructions • Quantity purchased • Contract price and extension • State safes and/or use tax • Prompt payment discounts/cash discounts, if applicable • Totals for each order 18. PAYMENT A. Terms Payment terms for this contract are net forty-five (45) days. Payment wilt be made in accordance with the provisions of the California Prompt Payment Act, Government Code Section 927, et seq. Unless expressly exempted by statute, the Act requires State departments to pay properly submitted, undisputed invoices not more than forty- five (45) days after the date of acceptance of goods, performance of services, or receipt of an undisputed invoice, whichever is later. B. CAL -Card Use Use of the CAL -Card for payment of invoices is not allowed under this statewide contract. C. Payee Data Record Each State accounting office must have a copy of the Payee Data Record (Std. 204) in order to process payments. State departments should forward a copy of the Std. 204 to their accounting office(s). Without the Std. 204, payment may be unnecessarily delayed. State departments should contact the contractor for copies of the Payee Data Record. 39. CAL -CARD INVOICING Not applicable to this contract. 40, CALIFORNIA SELLER'S PERMIT The California seller permit number for the contractor is listed below. State departments can verify that t-c i...IF...-a� .. c.tc:tc: ,.�.. bcc Ct t n ern. thc ,,,w ,u,,,...,,,;,•...,.,�,.,:........u.,,;.vu.gov. .,.,..., departments must,. � ,�,., to .,, file documentation required identified in the State Contracting Manual Volume 2 and Volume 3, as applicable. Contractor Name Seiler Permit # Folsom Lake Ford SR KU 26797640 1 COMP !A_NCEf VOLUNTARY PRODUCT ACCF_SSFRU_J.TY TFFP1PL&TE 0/PAT) There is no accessibility requirements associated with this contract. 42. WARRANTY The manufacturer's regular new vehicle warranty shall apply to all vehicles procured against the resulting contract. The warranty shall be factory authorized and shall cover not less than 3 years/36,000 miles bumper to bumper, no charge parts and labor. All emission -related components shall be warranted in compliance with the California Air Recourses Board (CARB) and Federal requirements. Contract 1-15-23-14B— Suppiement i Page 11 9/23/2015 User Instructions STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract Mandatory 1-15-23-14B — Supplement I Contract User instructions This warranty shall be honored by all franchised dealers of the vehicle within the State of California. The State's established preventative maintenance procedures and practices shall be acceptable to the manufacturer/dealers in lieu of the manufacturer's prescribed procedures, which may forma part of the warranty. Al! warranty certificates and/or cards shall be supplied with each vehicle delivered. !f an additional extended warranty is purchased, a warranty certificate, warranty card, or a statement indicating the extended „ warranty has been recorded with the manufacturer sha!i be furnished with each vehicle delivered. Normal wear items such as tires, belts, hoses, headlamps, light bulbs, brake linings, brake discs/drums: etc. are excluded from warranty coverage. All other items not subject to normal wear or gross operator neglect and abuse, such as window, seat or wiper motors, chassis electrical switches (door, trunk lid), paint, hinges, locks, etc., shall be covered. The State reserves the right to use re -refined iuorication oiis, wnere avaiiabie, in lieu of the virgin equivalent oils. The re -refined oils used by the State will meet all API and SAE standards and specifications as set forth by the vehicle manufacturer. The use of said oils shall in no way void or degrade the original manufacturer's minimum 3-year/36,000 mile warranty. The State reserves the right to use recycled content antifreeze/coolant, where available, in lieu of virgin equivalent antifreeze/coolant, in servicing its vehicles. The recycled antifreeze/coolant used by the State will meet all ASTM standards and specifications as set forth by the vehicle manufacturer. The use of said recycled antifreeze/coolant shall in no way void or degrade the original manufacturer's minimum 3-year/ 36,000 mile warranty. "Manufacturer's Warranty Policy and Procedures Manual" shall be made available upon customer request. 43. QUALITY ASSURANCE GUARANTEES There is no additional quality assurance guarantees associated with this contract. 44. EQUIPMENT REPLACEMENT DURING WARRANTY Not applicable to this contract. 45. PRINCIPAL PERIOD OF MAINTENANCE There is no principle period of maintenance associated with this contract. 46. RECYCLED CONTENT There is no recycled content associated with this contract. 47. SMALL BUSINESS/DISABLED VETERAN BUSINESS ENTERPRISE PARTICIPATION There is no small business (SB) or disabled veteran business enterprise (DVBE) participation for this contract. 48. TAKE BACK/TRADE-rig There is no take back/trade in associated with this contract. 49. ELECTRONIC WASTE RECYCLING There is no electronic waste associated with this contract. 50. ATTACHMENTS Attachment A — Contract Pricing Attachment B — Specification Number 2310-3116R1, dated 6/3/2015 Attachment C — Dealer's Catalog Contract 1-15-23-14B— supplement 1 Page 12 9/23/2015 User instructions MOTOROLA SOLUTIONS Motorola High Tiered Public Safety Radios for First Responders Limited Distribution Motorola Solutions controls who and how their Public Safety radios can be sold. They do this to limit the access of these radios getting in the hands of people who don't have an authorized need. These radios are capable of many advanced features including digital encryption and are mostly used by Police, Fire, Military and other Government Law Enforcement Agencies. These high Tiered P25 Handheld and Vehicle Radios are the APX Series and the former XTS and XTL Series. The only way to purchase these radios is Directly from Motorola and/or your Motorola assigned Motorola Manufacture's Representative (MR). Day Wireless Systems is the Motorola assigned MR for the City of National City. This means your MR is representing Motorola and quoting you directly as Motorola using their Discounted Pricing Contracts. All Purchase Orders are to be made out to Motorola Solutions, Inc. You are not purchasing anything from Day Wireless Systems (who is also a Motorola Dealer, Reseller and Service Center). Motorola Two -Way Radio Dealers & Resellers mostly sell lower tiered commercial, professional and business radios to vertical markets such as education, manufacturing, hospitality, etc... The High Tiered Public Safety radios like the APX6000 are not available for Dealers to purchases and Resell. These APX radios are not listed in their Dealer Price Book from Motorola. If a Motorola Radio Dealer & Reseller wanted to sell an APX Public Safety Radio they would have to submit an Above Price Book (APB) Request to Motorola. The Dealer has to list who the end user of the radio is. Motorola will deny this APB request for any Public Safety Account (City or Agency) that already has an assigned MR and Motorola Direct Sales Rep managing that account. For Example any Motorola Radio Dealer who requested to get APB pricing to buy and sell an APX radio to the City of National City would be denied. You are not able to get 3 quotes for these High Tiered Above Price Book Radios. Abovc Price Book pricing for a Radio dealer is always 20% off List Price from Motorola. So their cost to buy the APX radio from Motorola is 20% off list price. The Motorola Direct/MR RCS Contract Price to the City of National City is discounted form 28% to 33% cff List Price. Even if Motorola did approve an APB request for a Dealer, they would not be able to compete with the RCS Contract price. This Controlled Distribution provides the customer with the best pricing and aligns them with a MR that can be their trusted advisor to help them budget and make the best decisions for the long term. Andy Grimm Motorola Manufacturer's Representative — Public Safety Markets TVRCLA SOLUTIONS COUNTY OF SAN DIEGO - DEPARTMENT OF PURCHASING AND CONTRACTING CONTRACT NO. 350743 AMENDMENT NO. 48 To Motorola Solutions, Inc. Pursuant to the contract changes cluusc, you arc.directcd to make the changes described herein to the Contract or do the ibilowing described work not included in the previous agreed on Statement of Work, Title orContracl, Project, or Program: Regional Communications system (RCS) Motorola Services and Equipment Effective Date: Date Signed by the County of San Diego Deportment of Porebasing and Contracting Description ni' Contract Changes) nndlor Work To BeDone: =.. Modify Section3, Term orAgrccment and Completion of Work. The contract expiration data its change to December 31, 2020. 2. Modify Suction 6, Notices as follows: County: COUNTY OF SAN DIE(1C) Sue Willy, Manager Sheriffs Wireless Services Division 5595 Overland Avenue, Suite 101 San Diego, CA 92123 (858) 695 3953 suswr.willy(u)sdsltcrif!' otj Motorola: MOTOROLA SOLUTIONS, INC. ken Nordholm, Senior Account Manager 10680 Trccna Street, Suite 20U San Diego, CA 92 131 (858) 488 4440 ken.nordhulrn(tymotorohssolutions.vom 3. Due to aclmiuistrauve controls, clump the contract tunnber from 5511743 to 552544, All oihcr firms and Conditions remain in effect. IN WITNESS WHEREOF, County and Contractor have executed this Amendment effective as of the date first set forth above. We, the undersigned Contractor, have given carotin consideration to the change proposed and hereby agree. if this proposed change is :.W .. ii wiy wywliwvic .y furnish all tnaterials, except as may outes'avise be noted above, and pertbrm all services necessary inr the work specified herein. Revised contract time for completion is December 31, 2020 Travis Boettcher, MSS4I, Vtcc President Date: i 1 n / ''2_0 i. ';itSIK ! TI WW `rie, ~. 4 (. THIS AMENDMENT 1S NOT VALID UNI,ESS SIGNED BY THE DEPARTMENT OF PURCHASING AND cOMIZ o "STING. Department Review and Ro nrmenulcd.Approval: t3y: Susan M. 'Willy, Manger Wireless Se s it3lvislora, Sheriff's Dcp*u tnient� Date: I IL ( 1 S. APPROVIED: By: M 7 NI M. PUU.ECiRINO, Director =epartsnent of Psirehusing and Contrttctitng Dote:. /%A / F9 //„r 06/08/2015 v: (Y.714TRACT 550743 AMIHNI)NtlsNT!l48 COUNTY OF SAN DIEGO — DEPARTMENT OF PURCHASING AND CONTRACTING CONTRACT NO. 548289 UNILATERALAMENDMENT NO. 47 To Motorola Solutions, Inc.: Pursuant to the contract changes clause, you are directed to make the changes described herein to the Contract or do the following described work not included in the previous agreed on Statement of Work. Title of Contract, Project, or Program: Regional Communications System (RCS) Motorola Services and Equipment Effective Date: Dale signed by County of San Diego, Department of Purchasing and Contracting Description of Contract Change(s) and/or Work To Be Done: Due to administrative internal controls, change the contract number from 548289 to 550743. All other Terms and Conditions remain in effect. IN WITNESS WHEREOF, the County has executed this Amendment effective as of the date first set forth above. JOHN M. PELLEGRINO, Director Departmentt f Fur basing and Contracting Date: t ` 6'/5. p_unt_amend.doc • CONTRACT NO.54E289 AMENDMENT NO. 47 Rev. t 1/4R0f3 v3 COUNTY OF SAN I)IEGO — DEPARTMENT OF PURCHASING AND CONTRACTING CONTRACT NO. 544679 UNILATERALAMENDMENT NO, 46 lo: Motorola Solutions, inc. Pursuant to the contract changes clause, you are directed to make the changes described herein to the Contract or do the following described work not included in the previous agreed on Statement of Work. Title of Contract, Project, or Program: Regional Communications System (RCS) F.ffective Date: May OY, 2014 Mouoro6a Seievicas and quiproesi. Description of Contract Change(s) and/or Work To Be Done: 1. Due to administrative internal controls, change the contract number from 5'44679 to 548289. All other Terms and Conditions remain in effect, IN WITNESS WHEREOF, the County has executed this Amendment effective as of the date first set forth above. APP a • D: By: `1IN M. PELLEGRINO, Direct Department of Purchasing and Contracting Date: /C)241 p uni_arnend.doc CONTRACT NO. 544679 AMENDMENT NO. 46 Rev. 1114/2013 v3 COUNTY OF SAN DIEGO - DEPARTMENT OF PURCHASING RCHASING AND CONTRACTING CONTRACT NO. 541947 UNILATERAL AMENDMENT NO. 43 To: Motorola Solutions, Inc. Pursuant to the contract changes clause, you are directed to make the changes described herein to the Contract or do the following desci ibed work not included in the previous agreed on Statement of Work. Title of Contract, Project, or Program: Regional Communications System (RCS) Motorola Services and Equipment Effective Date: May 02, 2013 Description of Contract Change(s) and/or Work To Be Done: .1. Due to administrative internal controls, change the contract number from 541947 to 544679. Alt other Terms and Conditions remain in effect. •1N WITNESS. WHEREOF, the County has executed this Amendment effective as of the date first set forth above. APP JOHN M. PELLEGRINO, Director Department rchas�g and Contracting Date: 1717106 CONTRAO' NO. 541947 AMENDMENT NO. 43 COUNTY OF SAN DIEGO - DEPARTMENT OF PURCHASING AND CONTRACTING CONTRACT NO. 43095 UNILATERAL AMENDMENT NO. 36 To Motorola, Inc.: Pursuant to the contract changes clause, you are directed to make the changes described herein to the Contract or do the following described work not included in the previous agreed on Statement of Work. Title of Contract, Projeci, or Program: Regional Communications Systems (RCS) Motorola Services and Equipment Effective Date: July 9, 2012, Description of Contract Change(s) and/or Work To Be Done: 1. Due to new fiscal year and contractor name change to Motorola Solutions, Inc., change the contract number from 43095 to 541947. All other Terms and Conditions remain hi effect. IN WITNESS WHEREOF, the County has executed this Amendment effective as o f the date first set forth above. APPROVED: By: Att-G.6 'L i v WINSTON F. McCOLL, + 'r :tor Department of Purchasing and Contracting Date: O ! " Qt. ` / l 12l7106 CONTRACT NO. 43095 AMENDMENT NO. 36 2 3 4 5 6 7 8 9 10 11 12 13 14 15 17 lit 19 20 21 22 23 24 25 26 27 28 29 30 AGREEMENT III A COMMUNICATIONS MANUFACTURING FIRM TO PROVIDE A. REGIONAL COMMUNICATIONS SYSTEM TBIS AGREEiVlENT made and entered into thisoA-1 ay of December, 1995 by and between the County of San Diego, a political subdivision of the State. of California, hereinafter called "COUNTY," and Motorola, Inc. (MOTOROLA) located at 9980 Carroll Canyon Road, San. Diego, CA 92131. WITNES SETH: WHEREAS, the COUNTY, by action of Board of Supervisors Item 9 on December 13, .1994 authorized the Director ofPurchasing and Contracting pursuant.to Article MCA Section 93.1a of the Administrative Code, to award a contract to 'provide a Regional Communications System (RCS) and by Item 2 on March 7, 1995 authorized the RCS Board of Directors, on behalf of the COUNTY, to review and approve said contract. W.REREAS, the COUNTY desires such services to be. provided in accordance with MO T ORO.L A's proposal dated SLPTEMBER 11, 1995 and as amended by MOTOROLA's letter dated D Ci:tanber 29, 1995. WHEREAS MOTOROLA agrees to provide its services and equipment subject to the following additional conditions, and shall be considered the prime, contractor for the provision of services required by the COUNTY, and WBE EAS, MOTOROLA is specially trained and possess ceY'tain skills, experience, education and competency to perform special services; f T&C_ypd Volume i 1 of 9 12/29/95 34f1 35 r i MOTOROLA shall designate a representatve who will be in charge of this Project: MOTOROLA shall designate a representative, if other than the representative designated in "A" above, who may sign in the name ofMOTOROLA, on letters, papers, and other documents relating to professional services to be performed hereunder. The designation(s) required by "-A" and "B" above shall be sent to Contracting Officer's Technical Representative, (COTR) Mr. Jon Fullinwider, Director, Department of 41 Information Services or his designee. 32 contained; the parties agree as follows: 33 361 371 38 39 40 SECT 1 iv 1. DUTY Y OF MOTOROLA A. NOW Therefor, in consideration of the promises, and mutual covenants and agreements herein d2 D. MOTOROLA sh all, in a good workmanlike and professional manner and at their own cost 43 and expense, furnish all of the labor, technical, administrative, professional and other 44 personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all test, testing and analysis, calculations, and all other means 4( whatsoever, except as herein otherwise expressly. specified to be furnished by the COUNTY, necessary or proper to perform and complete the work and provide the MOTOROLA shall furnish, install test d 54 1 trunked radio'communications system as described by the functional specifications set forth in 55 i MOTOROLA's proposal, including all required support equipment such as consoles as identified 56and describcd in thus Agreement a.nr{ Mt r r 6 OL k's proposal. The system shall also include 57 delivery pf portable and mobile radios as listed in this Agreement. The COUNTY has the option 58 to review and modify user equipment quantities and models up to 90 days prior to actual or 59 scheduled delivery whichever is later. All equipment provided hereunder shall be new. I I services required ofMOTOROLA bythis Agreement. E. MOTOROLA shall function as a prime contractor for performance, of the services 501 described in Vainme TT, - Statement of Work. 1 SECTION 2. WORK TO BE PERFORMED BY MOTOROLA an cutover a state-of-the-artIII 800 47 public safety IT&c_.,,pci Volume l 2 of 9 12/29/95 MOTOROLA agrees to do and perform the work described in MOTOROLA' s proposal dated 6111 September 11. 1995 as amended by MOTOROLA' s letter sated December 22 , 1995. The 6211 specific tasks to be performed by MOTOROLA are listed in Volume If - Statement of Work and 6311 Specific Equipment Lists are described in Volume III which volumes are attached hereto and 6411 made a part hereof 65 6611 SECTION 3. TERM OF AGREEMENT AND COMM.PTION OF WORK 67I1 All equipment to be delivered and services required by this' Agreement shall be satisfactorily- 6811 completed in accordance with the schedules set forth in Exhibit B. This Agreement shall be in 6911 effect until 31 December 2010, and may thereafter be renewed upon written agreement of 701( COUNTY and MOTOROLA. 71 72t j SECTION 4. WORK TO BE DONE BY COUNTY 73 The COUNTY shall provide such information as required bythe Statement of Work and as are reasonably necessary for MOTOROLA to perform its services. 75 7611 4.1 The COTR or a designated representative, shall represent the COUNTY in all matters 7711 pertaining to the services rendered under this Agreement. The COTR will appoint a Project 7811 Manager to represent the COTR in the day-to-day operations and development of the Project_ 7.91 I 80! 4-2 The COUNTY al ,11 selocZ and acquire sues and provide adequate access to the site to 81 allow delivery and installation of all required improvements 82 83 . 4.3 Notwithstanding anything to the contrary in this Agreement, the COUNTY shall only ..84 furnish information or services described in this Agreement to the extent that any such 85 information or service is reasonably required for MOTOROLA to perform its obligations under 86 this Agreement and is requested by MOTOROLA in writing. - 87 881 1T&wwpd Volume I. 3 of 9 12/29/95 90 91 92 93 94 95 96 97 98 99 100 101 102 104 105 106 107' 108 in9 110 111 112 113 114 115 116 117 4.4 The COUNTY will supply drawings and specifications of any existing facilities including plans, elevations, sections, details and existing utilities, to the extent that such information is reasonably available. 4.5 The COUNTY shall participate in au subsystem acceptance tests and :0a71 accept the subsystems in accordance with their respective Acceptance Test Procedures which are incorporated herein. Upon acceptance of all subsystems, the RCS shall be deemed to be finally accepted. 4.6 The COUNTY shall acquire all permits and licenses necessary for the construction and operation of the sites. SPCTION 5. PAYMENT The COUNTY shall pay MOTOROLA, as full compensation for its services on this Project, a total amount of $ 39,672,111.92. This amount is payment for all items as set forth in the Statement of Work and as further described in Exhibit B "Milestone Payment Schedule & Terms." The aboveamount excludes the items listed in Line Item 3 as options. Payment for each milestone shall be made in accordance with Exhibit B. MOTOROLA shall invoice for tasks assigned subsequent to the date of this Agreement either upon milestone completion or on the following basis: 1T&C.agd Monthly paiccaii:agc complete invoices by taskincluding a listing !1fr fi;c?fe performed and associated costs, to include all subcontract costs and other direct 'costs. 2. A copy of the monthly report requited in Section 8 of this Agreement shall be attached to each monthly invoice, detailing tasks performed and percentage completion of each task. 3. The COUNTY is precluded from making payments prior to receipt of services (advance payments). The COUNTY will accept invoices for progress payments and ifapproved, will reimburse MOTOROLA up to 90% of the value of goods/services Volume 14 of 9 12/29/95 1'. 11911 120 121 122 123 1241 125 126 127 128 129 130 131 133 134 135 136 I37 IS'b 119 140 141 142 143 144 145 146 I I f received. Invoice to be submitted as. follows: a. .Original invoices will be subr_rzitted monthly, or at the completion of each phase or task, or at contract completion to: b. c. COUNTY AUDITOR AND CONTROLLER, ROOM 306 1600 PACIFIC HIGHWAY SSA N DIEGO, CA 92101 A copy of the invoice shall be submitted to the COTR. The invoice must specify items and deliverables for all items described in the "Statement of Work." Payment shall be Net 30 Days from receipt and approval of invoice unless otherwise stated. Discounts will be calculated from receipt of merchandise or invoice, whichever is later. 4. The balance due for each task may be released upon the completion of that task. The final invoice will be submitted by MOTOROLA upon completion of each task. .Included in the price set forth above, the COUNTY and MOTOROLA have agreed that the COUNTY will have.the ability to issue Task Orders (Item 2 below) requiring additional work within the scope of the contra t services or exercising options as set forth below. Task ();Weis, uli'to n value of $4,500,000 (total) may tie sss=EQ ? by ¢hp COTR. Each. Task Order h 1: I. Be sequentially numbered for identification purposes. 2. Contain a description of the Work to be performed. 3. Establish a price and a payment schedule for the tasks which are to be accomplished. Establish a schedule for completion Of the task. 5. Shall be signed by both MOTOROLA and COTE as v ll as the Contracting Officer to indicate acceptance. 1T&C.wpd Volume 15 of 9 12/29/95 148 149 150 151 1521 153 154 155 156 157 158 159 160 - 162 163 164 165 166 167 168 , 169 170 171. i 1721 17311 174 11 175 PRICES: Iteml: Provision ofRegional Communications Systems and Associated Services: $39,672,111.92.. Iten12: Task orders (To be written subsequent to contract): S4,50; , 00_ Item3: As a part of this Agreement, COTJNTY and MOTOROLA wee to the following optional pricing arrangements. 1. Additional equipment for the backbone, including RNCr, RNC, etc. may be added to the deliverable items. Such equipment shall be ordered by the COUNTY through the TASK ORDER provision (line item 2) a..t the prices set forth in the Master Equipment List (Volume Ill), provided that the option to purchase at the stated prices must be exercised no later than final system acceptance. 2. COUNTY may, through the TASK ORDER provision cited in line item 2, purchase Mobile Data equipment, additional portable equipment, spare parts and such other items as are listed in Volume III of this Agreement. SECTION 6. NOTICES Any notice or notices required or permitted to be given pursuant to this Agreement maybe delivered to the following addresses: COUNTY: COUNTY OF SAN DTEGO ATTENTION: Mr. Jon Fullinwider Department of Information c; .4c,, 1600 Pacific, Highway San Diego, California 92101 MOTOROLA: MOTOROLA, Inc, AIT NTIO1`i: Mr. C. Jackson, Vice President, System Integration Land Mobile Products Sector 9980 Carroll Canyon Rd. San Diego, CA 92131-1186 iT&c-wpa Volume 16 of 9 12/29/95 177 I78 179 180 181 182 183 184 185 186 All notices required under this Agreement shall be in writing and shall be delivered either by (I) personal delivery, (ii) expedited messenger service or (iii) postage prepaid, return receipt requested certified Mail, addressed to the party set forth above. A notice will not be effective untii the addressee receives it, or on the date that it is recorded as being refused for receipt by the intended recipient Either party may change the individual and/or the address for purposes of this Section by written instructions to the other party of such change. SECTION 7. OTHER APPLICABLE AGREEMENTS/ORDER OF PRECEDENCE The following documents shall constitute the Agreement between MOTOROLA and the COUNTY, all identified documents are hereby incorporated by reference and made a, part hereof as if fully set forth herein. 187 1. This Agreement and all duly executed amendments to this Agreement, with the latest 188 amendment taking precedence over earlier amendments. 189 2. General Terms and Conditions - '0 3. Special Terms and Conditions 191 4. _ The Exhibits and all duly executed amendments to said Exhibits 192 5. MOTOROLA's proposal, dated September 11, 1995 and as -amended by MOTOROLA's 193 letter dated December 29, 1995. 194 In the event of any inconsistency or conflict between portions of this Agreement or the 195 referenced documents; precedence shall be given in the following order: 196 1., The Agreement end all duly xec.ted anee dq. emits t,. this Agreement, -with the latest - -, w��. r W+avi.auy�6G81LJ LV 197 amendment taking precedence over earlier amendments. 198 2. General Terms and Conditions ' 199 3. Special Terms and Conditions 200iI4. The Exhibits and all duly executed amendments to said Exhibits 201 5. MOTOROLA's proposal, dated September 11, 1995 and as amended by MOTOROLA's 202 letter dated December 29, 1995. -. 203 204 .1T&C.+m, d Volume 17 of 9 12/29/95 _q .t 206 207 208 209 210 211 212 213 214 215 216 217 218 220 221 222 223 224 ?2$lI 226 227 i SECTION 8. REPORTS MOTOROLA shall provide monthly reports to the COTR. These reports shall include, as a minimum: f� C:Tmmary of tasks performed duringreporting + a ' ,/ 3 asulu}� the r4j�lUl btAx�' period, including tasks initiated, tasks co!npleted and percentage of cornplorx of task's currently in progress. 2. Estimates of work to be undertaken in the next reporting period. 3. Problems that have arisen during the reporting period and proposed solutions. 4. Any action(s) required by the COUNTY' to resolve problems 5. Items requiring completion by COUNTY during next period to avoid impact on costs, schedule or performance, 6. Summary of Financial Reports, as provided for in Special Terms & Conditions Paragraph entitled "Project/Contract Financial Reporting" SECTION 9. ENTIRE AGREEMENT This Agreement (mcluding the agreements and documents incorporated by reference in Section 7) constitutes the entire Agreement, understanding and representation expressed or implied between MOTOROLA and the COUNTY with respect to the equipment and services to be provided under this Agreement and supersedes all other additional communications, both written and oral. All parties by their authorized signatures, acknowledge that they have read, understood and agree to all the Te ? & Conditions of this Agreement. IT&C.wpd (balance of fills page intentionally left blank) Volume 18 of 9 19/29/95 230 , 22911 23 1 232 233 jCOUNTY OF SAN DIEGO 234 23 5 236 237 238 23 9 240 241 .Date: /?///,.,2 SIGNATTJRE PAGE Crzym A rT MOTOROLA., A C. SIMONSEN Contracts Division Manager L. Napier, Director Purchasing and Contracting 244f REVIEWED/APPROVED 245 246 247 24811 ./ 249 I Dennis Van Der Maaten, Chairman 250 .8oard ofDirectors 251 Regional Communications S:listena. 252 253 254 I Date: 25511 1.56 I 1114C.wpd Volume I 9 of 9 Name: Stephen E. Shanck. Title: Vice President Date: 212-7 qg 11-7R-9-K L,{:z,e•e6v 12/29/95 L_ 2581 2591 260E 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 -'7 279 280 281 282 283 284 285 286i , GYY€ aaai 288 289 290 291 292 293 294 295 296 297 298 9 GENES TERMS & CONDITIONS OF AGREEMENT I. DEFINITIONS "COUNTY" shall mean the County of San Diego, California. "MOTOROLA" shall mean MOTOROLA, Inc. whose proposal has been accepted by the COUNTY and who has entered into this agreement with the COUNTY to provide the equipment and services described herein. 2. AFFIRMATIVE ACTION MOTOROLA shall comply with the Affirmative Action Program for Vendors as set forth in Article llfk (commencing at Section 84) of the San Diego County Administrative code, which program is incorporated herein by reference. A copy of this Affirmative Action Program will be furnished upon request by the County of San Diego Contract Compliance Office, 1600 Pacific Highway, Room 208, San Diego, CA 92101. The County of San Diego, as a matter of policy, encourages the participation of small, minority, and women owned businesses. - 3. ASSIGNMENT OF RIGHTS, AND INTEREST MOTOROLA agrees that it will assign to the purchasing body (COUNTY) all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 1 (commencing with Section 16700) ofPart 2 of Division 7 of the Business and Professions Code), arising from purchases of goods; materials, or - services by MOTOROLA for sale to the COUNTY pursuant to the contract. Such assignment shall be made and become effective at the flan. thA COUNTY tenders final payment to MOTOROLA. 4. CAL OSHA As applicable, all items furnished under this Agreement shall meet or exceed the standards established by the California Occupational Safety and Health Act of 1973 and current amendments thereto, provided the end use of the item is for the purpose for which the item is intended. 5. DELIVERY All delivery shall be FOB at the County, unless staging or other pre -installation is mutually agreed upon. Time is of the essence. The acceptance by the COUNTY of late performance with I T&C.wpd Volume .i G 12/29/95 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 or without objection or reservation shall not waive the right to claim damage for such breach nor constitute a waiver of the requirements for the timely performance of any obligation remaining to be performed by the iv1O 1OROLA 6. a2PIFRVIa R .'AL'fi',SPFLCTIO?: All items and deliverables are subject to final inspection, review/approval and acceptance by the COUNTY at the C UNTY`s offices. Such final inspection, review/approval and acceptance or rejection shall be made within 15 days after delivery or as otherwise mutually agreed upon. 7. TERMINATION FOR DEFAULT The COUNTY may, by written notice of default to MOTOROLA terminate any of this Agreement in whole or in part should MOTOROLA fail to make satisfactory progress, fail to deliver in conformance to specifications and the requirements set forth therein. COUNTY shall give MOTOROLA written notice of such default ("Cure Notice") and MOTOROLA shall have ten (10) working days to provide a plan of action to cure said default. In the event that either a) the plan is deemed unacceptable by the COUNTY or b) MOTOROLA fails to cure such default, then the contract shall be terminated for default. In the event of such termination, the COUNTY reserves the right to purchase or obtain the supplies or services elsewhere, and MOTOROLA shall be liable for the difference between the prices set forth in the terminated order and the actual cost thereof to the COUNTY_ The prevailing market price shall be considered the fair repurchase price. COUNTY agrees that in the event of a partial or complete termination 323 •hereunder, the replacement System shall not have a capability exceeding that specified in the 324 Agreement and that said replacement shall be of like kind and quality to accomplish the intended 325 purpose of the agreement. 326 327 328 32911 JJV � 331 332 333 n 334 335 336 337 338 339 340 341 '2 7.1 It after notice of termination of this contract under the provisions of this clause, it is determined for any reason that MOTOROT.A.was not in default under the provisions•of this clause, the rights and. obligations of the parties shall be the! aa,m AR ;f fhe c.t'ace of teiiii;iA4tion had been issued pursuant to the Termination for Convenience clause herein. 7.2. The rights and remedies of the COUNTY provided in this article shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order. 8. 'T ERI ATION FOR CONVENIENCE • The COUNTY may, by written notice stating the extent and effective date, teen irate this Agreement for convenience in whole or in part, at any time. The COTJNTY shall pay MOTOROLA as full compensation for performance until such termination: 8.1 The unit or pro rata price for the delivered and accepted portion. 1T&C.wpd Volume I G - 2 12/29/95 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 163 .,.35 366 367 368 369 370 371 372 3741 375 376 377 378 379 380 381 382 383 3841 �5 11 8.2. A reasonable amount, as costs of termination, not otherwise recoverable from other sources by MOTOROLA as approved by the COUNTY, with respect to the undelivered or erareepted portion of this Ag cement, provided compensation hereunder shall in no event exceed the total puce_ 8.3 In no event shall the COUNTY be liable for any loss of profits on this Agreement or portion thereof so terminated. 3A The rights and remedies of the COUNTY provided in this article shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order. 9. TITLE Title to the material and supplies purchased shall pass directly from MOTOROLA to the COUNTY upon delivery, subject to the right of COUNTY to reject.upon inspection. MOTOROLA shall retain risk of loss for all equipment until acceptanceat the COUNTY's designated facility or site; title for all equipment delivered hereunder shall pass to the County at the point and time of receipt as evidenced by a receiving document signed by the COTR or an authorized designee. The above notwithstanding, title to software included in the equipment shall not pass to the COUNTY at any time. Software is the subject of a separate provision of this •Agreement and is subject to the license agreement set forth herein. . 10. VARIATIONS IN SPECIFICATIONS The COUNTY reserves the right to waive a variation in specification it in the opinion of the COUNTY, such variation does not materially change the item or its performance within parameters acceptable to the COUNTY. 11. HAZARDOUS Si1.BSTANCES T _! dt`the product being supplied, .a.ya.nru w r_ California -.. s--_-'_� supplied vcieaaieLn� arty iae46GiA[[1 whichis listed on Ld4LY:]liEla OSHA Director's list as bazardous; MOTOROLA shall forward a material safety data sheet (MSDA) (OSHA Forma 20), referencing the purchase order number, to San Diego County, Department of Health Services, Attn: Chief Occupational & Radiological Health, PO Box 85261, San Diego, CA 92138-5261. All shipments are to have proper labeling requirements. 11.2 IN ACCORDANCE WITH COUNTY BOARD OF SUPERVISORS POLICY I3-6 4, MOTOROLA SHALL NOT PROVIDE OR DELIVER ANY PRODUCTS MA UJFACTURED USING FULLY HALOGENATED EBLOROFLDOROCARBONS (CFC), UNLESS SPECIFICALLY AUTHORI ED BY T.BE COUNTY DIRECTOR, PURCHASING AND CONTRACTING. rr&c.w,d Volume I G - 3 12/29/95 .30.1 12. PROHIBITED CONTRACTS 3871 3881 Section 67 of the San Diego County Administrative Code provides that the COUNTY shall not 389 contract with, and shall reject any bid or proposal submitted by the person or entities specified 390 below, unless the Boar d of Supeivisois finds that special circumstances exist which justify the 391 . approval of such contract: 392 I 393 12.1 Persons employed by the COUNTY or nl'public agencies for which the Board of 394 Supervisors is the governing body; 395 396 12.2 Profit -malting firms or businesses in which employees described in sub -section (a) of code 397 serve as officers, principals, partners, or major shareholders; 398 399 12.3 Persons who, within the immediately preceding twelve (12) months came within the 400 provisions of the above sub -section and who (1) were employed in positions of substantial 401 responsibility in the area of service to be performed by the contract, or (2) participated in 402 any way in developing the contract or its service specifications; and 403 404 12.4 Profit -making firms or businesses in which the former employees described in sub -section 405 12.3 above serve as officers, principals, partners, or major shareholders. • 406 7 With the aiming of a signature to this Contract, MOTOROLA certifies that the above provisions 4►4J8 of the Code have been complied with, and.that any exception will cause any ensuing contract to 409 •be invalid. 410 411 13. PUBLIC AGENCY 412 413 It is intended that any other public agency (Le., city, district, public authority, public agency, 414 municipality and other political sub -division or public corporation of California) located in San 41511 Diego and Jmperial Counties shall have the option to participate in any award made as a reaixi. of 4%a1A this solicitation at the same prices and FOB destination, Terms & Conditions. The County shall 417 incur no financial responsibility n connection with purchase orders issued by another public 418 agency. The public agency shall accept sole responsibility for placing order or payments to 419 MOTOROLA. State whether said option is granted. 420 421 YES [X] NO [ 422( 423 f e 14. AVAILABILITY OF F6.KDING 4241 425 This contract is project funded. Fiscal funds are not included in -this Agreement 426 427 The COUNTY's obligation for payment of any contract beyond the current fiscal year end is "II contingent upon the availability of funding from which payment can,be made. No legal liability iT&C.wpd Volume I G - 4 12/29/95 11 �� on the part of the COUNTY shall arise for payment beyond June 30 of the calendar year unless 430E funds are made available for such performance. 431 432, 15. FLAMMABILITY & TOXICITY 433i 43419 Materials furnished under this Agreement must meet or exceed minimum California State Fire 4351 Marshal's standard for flammability and toxicity for uistiiutional fabrics. MOTOROLA shall 436 provide evidence of California Marshal's test results and approval number. 437 438 16. CONTRACT MJJ'RATION 439 440 The Director of Purchasing and Contracting is the designated Contracting Officer and is the only 441 COUNTY official authorized to make any changes to this agreement. 442 443 The COUNTY has designated the following individual as the Contracting Officer's Technical 444 Representative (COTR): 445 446 447 448 449 ti_� 452 453 454 455 456 457 458 :15 ' 460 461 462 .:. 463 464 465 466 467 468 469J 4701 awl I! Department Information Services- Mr. Yon Fuilinwidcr or his designee. The COTR will c:hnir MOTOROLA progress meetings and will coordinate the COUNTY's contract administrative functions. The COTR is designated to receive and approve MOTOROLA invoices for payment, audit and inspect records, inspect MOTOROLA's services, and provide other technical guidance as required. The COTR is not authorized to change any Terms & Conditions of the Contract. Changes to the scope, of work will be made only by the Board of Supervisors and/or the Contracting Officer issuing a properly executed Change Order modification. 17. CONTRACT PROGRESS MEETINGS (with amplification in Section 8. Reports of the Agreement) The COTR arid other Cuuniv ers►onnnei_ as a prcmprs7f� ex?i3_� _rieet periodically with MOTOROLA to review the contract performance. At these meetings the COTR will apprise MOTOROLA of how the COUNTY views MOTOROLA's performance and MOTOROLA will apprise the COUNTY of problems, if any, being experienced. MOTOROLA will also notify the Contracting Officer (in writing) of any work being perforrned, if any, that MOTOROLA considers to be over and above the requirements of the contract. Appropriate action shall be taken to resolve outstanding.issues. A summary of these meetings which shah include, but not be limited to, key issues, action items, items agreed to and problems requiring resolution will be reduced to writing by MOTOROLA and signed by the COTR and MOTOROLA. Should the COUNTY not concur with meeting summary, the COUNTY will set out in writing any areas of disagreement. Appropriate action will be taken to resolve any areas of disagreement. :T&C.wpd Volume l G - 5 12/29/95 q 473 44 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 4 495 496 497 498 499 500 5011) g07d r 503 504 505 506 507 508 509 510 511 512. 513 "14 18. INSPECTION OF SERVICE MOTOROLA's services shall be performed with a high degree of care and diligence, and where required, in accordance with the highest standards exercised by engineers performing similar services in the San Diego, California area, and as expeditiously as is consistent with such standards of skill and care and the orderly progress of the V[c le 18.1 All performance (which includes services, materials, supplies and equipment furnished or utilized in the performanceof this contract, and workmanship in the performance of service) shall be subject to inspection and test by the COUNTY during the term of the Agreement. MOTOROLA shall provide adequate cooperation to any inspector assigned by the COUNTY to permit the inspector to determine MOTTOROLA's conformity with these specifications and the adequacy of the services being contractually provided. All inspection by the COUNTY shall be made in such a manner as not to unduly interfere with MOTOROLA's performance. 18.2 If any services performed hereunder are not in conformity with the specifications and requirements of this contract, the COUNTY shall have the right to require MOTOROLA to perform the services in conformity with said specifications and requirements at no increase in total contract amount. When the services to be performed are of such nature • that the difference cannot be corrected, the COUNTY shall have the right to (1) require MOTOROLA immediately to take all necessary steps.to ensure future performance of the services in conformity with requirements ofthe contact, and (2) reduce the contract price to reflect the reduced value of the Services performed. In the event MOTOROLA fails to perform the services promptly or.to take necessary steps to ensure future performance of the service in conformity with the specifications and requirements of this contract, the COUNTY shall have the right to terminate this contract for default as provided in the Termination for Default clause herein. 19. - ,.sS+ ...+vu The Contracting Officer may at any time, by written order, make changes within the general . scope of this contract, in the definition of services to be performed, and the tinhe• (i.e., hours of the day, days of the week , etc.) and place of perfon Hail e thereof If any such change causes an increase or decrease in the cost of or the time required for the performance afsny part of the work under this contract, whether changed or not changed by any such order, an equitable adjustment shall -be made in the contract price or delivery schedule, or both, and the contract shall be modified in writing accordingly; Any claim by MOTOROLA for adjustment under this clause must be asserted within 30 days from the date of receipt 6y MOTOROLA of the notifications of change; provided however, that the Contracting Officer, if Contracting Officer decides that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this contract. Where the cost of property made obsolete or 1T&C.wpd Volume I G - 6 12/29/95 excess as a result of a change is included in MOTOROLA's claim for adjustment, the 5161 Contracting Officer shall have the right to prescribe the mannet of disposition of such property. 5171 When the estimated cost of the change is leas than $25,000, nothing in this clause shall excuse 518 1 ( MOTOROLA from proceeding with the contract as changed. In the event that the estimated cost 519,1 of the change order exceeds $25,000, Motorola shall not be required to proceed with the change 520 i until the change order has been signed by both parties to the Agreement 521 5221 20. INDEPENDENT CONTRACTOR 523 524 MOTOROLA is, for all purposes arising out of this contract, an independent contractor and shall 525 not be deemed an employee of the COUNTY_ It is expressly understood and agreed that 526 MOTOROLA shall in no event, as a result of this contract, be entitled to any benefits to which 527 . COYINI'.Y employees are entitled, including but not limited to overtime, any retirement benefits, 528 worker's compensation benefits, and injury leave or other leave benefits. 529 530 21. ASSIGNABILITY 531 532 MOTOROLA shall not assign any interest in this contract, and shall not transfer any interest in 533 the same (whether by assignment or novation), without the prior written consent of the 534 COUNTY thereto; provided however, that claims for money due or to become due to 535 MOTOROLA from the COUNTY under this contract may be assigned without suchapproval. 5 Notice ofany such assignment or transfer shall be furnished promptly to the COUNTY. I 538 - 22. SUBCONTRACT FOR WORK OR SERVICES 539 540 No contract shall be made by MOTOROLA with any party for furnishing any of the work or 541 services herein contained without the prior written approval of the COTR excepting those 542 suppliers/subcontractors identifiedin MOTOROLA's proposal; but this provision shall not 543 require the approval of contracts of employ -Inca between MOTOROLA and personnel assigned 544 for services thereunder, or for parties named in proposal and agreed to any resulting contract 5451i 546 MOTOROLA is farther reminded that it is the COUNTY's policy to encourage the participation 547 of minority business enterprises. This includes_ ensuring that, if available, minority trims are 548 solicited, where feasible dividing the requirement into smaller units for the purpose of greater 549 minority participation, and establishing delivery and payment schedzlea which will facilitate 550 participation by minority businesses. 551 552 23. HOLD HARMLESS 553 554 MOTOROLA agrees to fully indemnify, defend and saveharrnieis the COUNTY, its officers and 555 I employees against any and all loss, damage; liability, claim, demand, suit of whatsoever nature 556 for damage to property or for personal injury, including death, made by anyone whomsoever, -57, i which may arise from operations carried out under this contract to the extent such claims are 1"18d:.vpe Volume .i G - 7 12/29/95 559 560 561' 562 563 564 5651 566 567 568 569 570 571 572 573 574 575 576 577 c78 nen 581 582 583 584 585 586 5871 589 590 591 592 -593 594 595 596 1 caused by MOTOROLA's sole negligence, or misconduct. MOTOROLA shall not be responsible for and the COUNTY shall defend, indemnify and hold MOTOROLA, its officers and employees harmless from any and all claims of whatsoever kind of nainre for the damage to property or for personal injury, including death, made by anyone whomsoever, which may arise from operations carried out under this contract to the extent such claims are caused by the COUNf'Y's sole negligence or misconduct. With respect to any and all claims.of whatsoever kind or nature for damage to property or for personal injury, including death, made by anyone whomsoever, which may arise from the joint or concurrent negligence of MOTOROLA and COUNTY, each party shall assume responsibility in proportion to the degree: of its respective fault. IN NO EVENT SIIAI L MOTOROLA OR COUNTY BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE. . 24. LNITEREST OF CONTRACTOR MOTOROLA covenants that it presently has no interest, including but not limited, to other • projects or independent contracts, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this contract. MOTOROLA further covenants that in the performance of this contract, no person having any such interest shall be employed or retained by it under this contract. 25. CONDUCT OF CONTRACTOR .25.1 MOTOROLA agrees to inform the COUNTY of all MOTOROLA's interests, if any, which are or which MOTOROLA believes, to be incompatible with any interests of the COUNTY. 25.2 MOTOROLA shall not, under circumstances which might reasonably be interpreted as an attempt to influence the recipient in the conduct of their duties, accept any gratuity or special favor from individuals or organizations with whom MOTOROLA is doine business or proposing to do business, in accomplishing the work under the contract. 25.3 MOTOROLA shall not use for personal gain, or make other:prope: use of privileged information•which is acquired in connection with its employment. In this connection, the term "privileged information" includes, but is not limited to, unpublished information relating to technologic4.1 and scicrittc development; medical, personnel, or security records of individuals; anticipated materials requirements or pricing actions; and knowledge of selections of MOTOROLA or subcontractor in advance of official announcement. z T&c-wpd Volume I G e 8 12/29/95 a_ 25.4 MOTOROLA or employees thereof shall not offer gifts, gratuity, favors, entertainment 5981 directly or indirectly to COUNTY employees. 599 600 26. GOVERNING LAW 6011 6021 603� 6041 605 606 607 608 609 610 611 612 613 .614 615 616 Fi7 620 621 622 623 624 625 626 677/ 628 629 630 631 632 633 634f 635 iI This contract shall be construed and interpreted according to the laws of the State of California. 27. AUDIT AND INSPEC7[ON OF RECORDS 27.1 General_ The COUNTY shall have the audit and inspection rights described in this section. 27.2 Pricing Data. If MOTOROLA submitted pricing data in connection with the pricing of this contract or any change or modification thereto, unless such pricing was based on adequate pricecompetition, established catalog or market prices of commercial items sold in substantial quantities to the general public, or prices set by law or regulation, the Contracting Officer or Contracting Officer's representatives who are employees of the COUNTY or -its agent shall have the right to examine the books, records, documents and other data of MOTOROLA related to the negotiation pricing or performance of such contract, change or modification, for the purpose of evaluating the accuracy, completeness and currency of the pricing data submitted. 27:3 Availability. The materials described above shall be made available at the office of MOTOROLA, at all reasonable times, for inspection, audit or reproductions, until the expiration of three years from the date of final payment under this contract, or by (1) and (2) below: 27.3.1 If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for a period of three. years from the date of any resulting final settlement. 77_3.2 P accrd which relate te. litigate tt f _l . _ i - v - •/�' 6V �V C6fJjJ 4G�J, 1u3�,mLLVl1 or the sei��ime� of �ij�ll�s�j �f 3y�j1g out of the performance of this contract, sal be made available until such appeals, litigation, or claims have been disposed of; or three years after contract completion, whichever is longer. 27.4 MOTOROLA shall insert a clause containing all the previsions of this entire clause in all subcontracts hereunder except altered as necessary for proper identification of the contracting parties and the Contracting Officer under the COL'NTY's Prime Contract. 7T&C.wpd Volume I G = 9 12/29/95 637 638 639 Ron 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 .a 659 660 661 662 663 664 l 665 666 667 668 669 -:. 670 671 672 6731 6741 675 676 677 -78 28. PATENT AND -COPYRIGHT INFRINGEMENT MOTOROLA shall report to the Contracting Officer, promptly and in reasonable written detail, each notice or claim of patent or copyright infringement based on the performance of this VVc LtT t i.� b. _ foir, OY 4 ac�,vr vYA.li4lA IV11.1 q � �n�L.N has g©w;edge. 29. FUNCTIONAL REOU3REI NTS Unless MOTOROLA expressly states otherwise herein, where functional requirements are expressly stated as part of the requirements of this Agreement ,Volume II, Para..1.0, MOTOROLA, warrants that in its opinion the system is capable of meeting those requirements. In the event of any inconsistency between the functional specifications and the detailed specifications contained in this Agreement, the former will control. 30. INSURANCE Before commencement of the work, MOTOROLA shall submit Certificates oflnsurance evidencing that MOTOROLA has obtained for the period of the contract, from generally recognized responsible insurer, insurance in the following forms of coverage and minimum amounts specified: 30.1- A policy of Worker's Compensation in statutory amounts. 30.2 Commercial General Liability insurance written on an "occurrence" basis and in an amount of not less than $1,000,000 each occurrence. 30.3 Automobile Liability Insurance covering owned, non -owned and hired automobiles in an amount not less than $1,000,000 combined single limit. 30.4 "The policies (exe pt for Workers' Compensation) shall name the County of Sail Diego as additional insured. 30.5 Each policy of insurance shall contain the following clause: "It is agreed that these policies shall not be canceled nor the coverage reduced until thirrty.(30) days alter the COTR shall have received written notice of such cancellation or reduction. The notice shall be deemed effective the date delivered to said COTR, as evidcriced by properly validated return receipt.." .Each policy of insurance shall name the County of San Diego as the additional insured party. 3 0.6 The County of San Diego shall retain the right at any time to review the coverage, form and amount of insurance required herein and may require MOTOROLA to obtain insurance sufficient in coverage, form and amount to provide adequate protection against the kind LT&C.w1 Volume I G - 10 12/29/95 680 681 682 683 and extent of risk which exist at the time a change in insurance is required. The COUNTY requirement shall be reasonable. 31. LICENSING 684 1 Attention is directed to the provisions of Chapter 9 of Division 3 of the Business and Professions 685 Code concerning the licensing of N1O T OROLA. MOTOROLA and its s►,bcon ractcrs shall be .686 licensed, if required, in accordance with the laws of this state and any contractor or 687 subcontra for not so licensed is subject to the penalties imposed by such laws. 688 689 32. PERMITS, NOTICES, FEES AND LAWS 690 691 MOTOROLA shall, at MOTOROLA's expense, obtain all necessary business permits and 692 licenses, give all necessary notices, pay all fees required by law, and comply with all laws, 693 ordinances, rules and regulations relating to work and to the preservation of the public health and 694 safety. 695 696 33. AIR, WATER POLLUTION CONTROL. SAFETY AND HEALTH 697 698 MOTOROLA shall comply with all air pollution control, water pollution, Safety and Health 699 Ordinances and statutes which apply to the work performed pursuant_ to this contract, including 0 any requirements specified in state government codes. 702 703 704 705 706 707 708 Dann E J I 7101 711 712 713 714 715 716 717 718 719 II 720 34. PERSONNEL ASSIGNMENT AND REPLACEMENT 34.1 Resumes of key individuals who will be assigned to the project will be furnished_ All such personnel will be assigned to the project. 34.2 A project manager will be assigned, (if more than one individual is assigned) as the individual responsible for the overall performance of any resulting contract and will be , uucc,uy responsible for ?'env. lefing to the COTR at all .. a dye, , the : of this .� a � =--o - - w 'eee� saaG itiaiaa LtSls contract. 34.3 No replacement of personnel will be allowed without full resume submittal, justification therefor and approval by the COIN.. 35. RIGHT TO ACQUIRE EQUIPMENT AND SERVICES Nothing in this agreement shall prohibit the COUNTY from acquiring the same type or equivalent equipment and/or service from other sources, when aimed by the COUNTY to be in its best interest. IT&C.wpa Volume 1 G -11 12/29/95 723 724 725 7261 727. 36. SEVERAB]LITy' Should any part of this agreement be held to be invalid by a court of competent jurisdiction, the - remainder of the agreement shall be considered as the whole agreement and be binding on the contracting parties. 728 ' 37. FDTDMIGS C ONII.WENTI L 729 761 1 and disclosure and agree not to use it to compete with such:companies. 762 j 763 1 73 0 Any reports, information, data, etc., given to or prepared or assembled by MOTOROLA under 731 this Agreement which the COUNTY requests to be kept as confidential shall not be made 732 available to any individual or organization by MOTOROLA without the prior written approval of 733 the.COUNTY. 734 735 38. PUBLICATION, REPRODUCTION.AND USE OF MATERIAL 736 737 No material produced, in whole or in part, under this Agreement shall be subject to copyright in 73 8 -the United States or in any other country. The COUNTY shall have unrestricted authority to 739 publish, disclose, distribute and otherwise use, in whole or in part, any reports, data or other 740 materials prepared under this Agreement. All reports, data and other materials prepared under 741 this Agreement shall be property of the COUNTY upon completion ofthis Agreement. 742 39. LIMITATION OF FUTURE CONTRACTS 745 39.1 It is agreed by the parties to the contract that 1VIOTOROLA will be restricted in their future 746 contracting with the COUNTY to the manner described below. Except as specifically., 747 provided in this clause, MOTOROLA shall be free to compete for business on an equal 748 -basis with other companies. 749 750 39.2 IfMOTOROLA under the terms of the contract, or through the performance of tasks 751 pursuant to this contract, is required to develop specifications or statements of work and t 75.41 d 50C!!! specifications or statements Of work an-. to be iiet:vrpt,Tatcu iO4U � nuuuli2ll:IUn, 753 MOTOROLA shall be ineligible to perform the work described within that solicitation as a 754 prime or subcontractor under an ensuing COUNTY contract. It is further agreed, 755 however, that the COUNTY will not; as additional work or by change, unilaterally requite 756 MOTOROLA to prepare such specifications or statements of work under this contract, 757 758 39.3 To the extent that the work under this contract requires access to propjet -ay, business 759 confidential .or financial` data of other companies, arid as long as such data remains 760 proprietary or confidential; MOTOROLA shall protect such data from unauthorized use Volume I G -12 12/29/95 it 40. DRUG & ALCOHOL FREE WORKPLACE 765 11 766 The County of San Diego, in recognition of individual rights to work in. a safe, healthful and 767 productive work place, has adopted a requirement for a drug and alcohol free work place, 768 County of San Diego Drug and Alcohol Use Policy C-25. This policy provides that all 769 C`)'_TN 3 employed contractors and contractor employees shall assist in meeting this 7411 l_.IJIJI 1 fI 1 1 7P 7701 requirement. 7711 7721 40.1 As a material condition o ft is agreement, MOTOROLA. agrees that MOTOROLA and 773 MOTOROLA's employees, while performing service on the COUNTY property, or while 774 using COUNTY equipment: 775 776 40.1.1 Shall not be in any way impaired because of being under the influence of 777 alcohol or a drug. 778 779 40.1.2 Shall not possess an open container of alcohol or consume alcohol or possess 780 or be under the influence ofan illegal drug. 781 .782 40.1.3 Shall not sell, offer, or provide alcohol or a drug to another person. 783 784 The above sub -paragraph shall not be applicable to a MOTOROLA employee who, as part of the perfonnance of normal job duties and responsibilities prescribes or administers medically . a prescribed drugs. 787 788 40.2 MOTOROLA shall inform. all employees that are perfornng service for the COUNTY on 789 COUNTY property or using COUNTY equipment, of the COUNTY objective of a safe; 790 healthful and productive work place and the prohibition of drug or alcohol use or 791 impairment from same while performing such service for the COUNTY. 792 793 40.3 The County may Terminate ;:or Default or B eaclx this Agreement and any other 79a Q ai^'ement A MOTOROLA has with the COUNTY, if MOTOROLA, or MOTOROLA's 795 employees are determined by the Contracting Officer not to be in compliance with the 796 conditions listed herein. 797 798 41. _ < XUAL HARASSMENT 799 800 To impienient COUNTY policy to provide a work environment free of sexual harassment, MOTOROI�A shall comply with Board Supervisors' Policy C-22, "Sexual Harassment Policy," 80211 and with all applicable State and federal laws pertaining to sexual harassment or discrimination. 11 1T&C.wpd - Volume 1' G 13 12/29/95 SPECIAL TERMS & CONDITIONS OF AGREEMENT 804 805 806 1. PERFORMANCE BONDS 807 808 j MOTOROLA will provide to the COUNTY a Performance Bond in a sum equal to twenty-five 809 1 (25%) percent arc( a Payment Bond in a sum equal to ten (10%) percent of the contract with 810 surety satisfactory to the COUNTY, within ten (10) wworldng days after notice is received from. 811 the COUNTY that the contract has been awarded. The cost of providing the bond shall be 812 considered as included in the price and no additional compensation will be allowed therefor. If 813 MOTOROLA fails to provide the bonds within the time specified, the COUNTY may, at its • 814 option, determine that MOTOROLA is in default and terrninate the contract in accordance with 815 the clauses of the contract entitled "Termination for Default" and "Termination for 816 Convenience." 817 818 2. LIQUIDATED DAMAGES 819 820 Time is of the essence in the performance of this Agreement, and it is agreed by MOTOROLA 821 and the COUNTY that if this Agreement is not fully and completely performed within the terms 822 of the Agreement, as described in the project Implementation Plan, and such failure is due to R23 circumstances which are solely within MOTOROLA's control, and the COUNTY has timely performed its obligations under the Agreement, damage will thereby be sustained by the COUNTY: Since it is and will be impractical and extremely difficult to determine the actual 826 damage which the COUNTY will sustain by reason of such•delay, it is therefore agreed that 827 MOTOROLA will pay to the COUNTY liquidated damages as set forth below: 828 829 a) The sum of $4,000.00 per day for Backbone System Acceptance Test Plan (ATP) 830 completion; and $1,700.00 per day for the completion of the Console ATP for each day in 831 excess of the allotted schedule prescribed in the Project Implementation Plan, „p to a 8321 maximum amount of $424,000.00 for the entire RCS project. 8331! 834 b) MOTOROLA wbe given a thirty (30) day grace period from the due daie specified in the 835 Project Implementation Plan before liquidated damages will be effective. If MOTOROLA 836 has not completed the applicable milestone within the thirty (30) grace day period, then 837 liquidated damages shall be effective retroactive to the first day following the specified 838 completion date. 83 9 840 c) • Liquidated darnages accrued during the performance of the Agreement will, be waived by 841 the COUNTY if MOTOROLA meets the scheduled delivery. date for RCS System 842 Acceptance. 843 11 844 If this Agreement is not fully and completely performed within tie time set forth in the Project ` 15 Implementation- Plan, the COTJNTY's Contracting Officer shall have the tight to increase the 1T&C.wpd Volume I S -1 12/29/95 847 848 849 850 851 852 853 854 855 856 857 858 859 860 861 862 863 864 865 R66 7 i� time for such performance and to waive the' above damages. Nothing in this Section shall be construed as giving MOTOROLA a right to extra time for performance. If MOTOROLA is delayed by reason of changes or extra services ordered by the COUNTY, or by conditions expressed in this section, the time for performance of this Apseement may be extended commensurately by agreement by the Contracting Officer and MOTOROLA. MOTOROLA will be relieved during the period of such extension of any claim for liquidated damages. This section may be invoked or waived at the sole option of the COUNTY. The COUNTY must notify MOTOROLA by certified mail in accordance with Section 6. NOTICES of its intent to levy or waive any liquidated damages under this Article. The foregoing will be the COUNTY's sole remedy for delays in the delivery of equipment or the performance of services. MOTOROLA's right to proceed shall not be terminated nor MOTOROLA be charged with resulting damage if: 2.1 The delay in the completion of the work arises from unforeseeable causes beyond the control and without the fault or negligence of MOTOROLA, including but not restricted to acts of the public enemy, acts of the COUNTY in either -its sovereign or contracting capacity, acts of another contractor in the COUNTY, fires; floods, epidemics, quarantine J restrictions, strikes, freight embargoes, unusually severe weather, or delays of subcontrac- 869 tors or suppliers arising from unforeseeable causes beyond the control and. without the fault 870 or negligence of both MOTOROLA and such subcontractors or suppliers, and; 871 872 2.2 MOTOROLA, within 10 days from the beginning of any such delay (unless the Contracting 873 Officer grants a further period of time before the date of final payment under the contract), 874 notifies the Contracting Officer in wilting of he causes of delay in (2.1) above 8751 87i.5n The Cunilaciing Officer shaii ascertain the +aa is Peel. the extent rvfthe delay and ertend the time 877 for completing the work when, in his judgement, the findings of fact justify such an extension, 878 and his findings of fact shall be final and conclusive on the parties. 879 880 As used in paragraph (2.1) of this clause; the terms, "subcontractors or suppliers" means 881 ' subcontractors or suppliers at any tier. 882 883 884 3. INVOICES 885 8861 All deliveries must be accompanied by invoices or delivery tickets_ A copy of each invoice or '887 delivery ticket must be signed by the individual accepting delivery. Invoices shall include item, -"8 description, quantity, delivery point, price, terms, purchase order number, sub -order number (if i 1T&c.wpa Volume 15 - 2 12/29/95 890 891 892 893 894 895 896 897 898 899 900 901 902 903 .904 905 906 907 908 0%, 912 913 914 915 916 917I 918N 919 920 921 922 applicable to a blanket purchase order) and any data relative to the shipment Original invoice shall be mailed to COUNTY Auditor and Controller, Room 306, 1600 Pacific Plighway, San Diego, California, 92101. Discounts will be calculated from receipt of merchandise or invoice, whichever is later. 4. SOFTWARE LICENSE MOTOROLA hereby grants to the COUNTY a nonexclusive and fixity paid -up perpetual, software license, to use the 800 MHz system software as defined in the Agreement and described in this Agreement and related documentation, including a copy of the License which is included as Exhibit D. 5: SOURCE CODE By executing this Agreement, MOTOROLA is malting a firm commitment to support the software provided to the COUNTY. However, in order to address any concerns that the COUNTY may have regarding MOTOROLA's ability to support the software, MOTOROLA proposes the following: "In the event that: (i) MOTOROLA discontinues support for an item of MOTOROLA owned software furnished under the Agreement and subsequent releases of such software, if any; and (ii) the COUNTY is, and remains, not in breach of the Agreement or other applicable license agreement; then at the COUNTY's request, MOTOROLA will, at MOTOROLA's option, either recontinue support for such software item; arrange for support by an entity that has access to the source code and related documentation with all revisions, corrections, enhancements and other changes made to the software, so that the source code constitutes a human readable program for the then current release of the software and supported by the then current version of its related documentation for such software item; or grant the COUNTY a license, under separate terms and conditions, to use MOTOROLA-owned Source code corresponding to such software for the COUNTY's internal use by the COUNTY's employees and the COUNTY's agents, consultants, and independent contractors (provided that prior to their acoem to s ir_h source code, the COUNTY's agents, consultants, and independent, contactors enter into a non -disclosure agreement in form and substance that is reasonably satisfactory to MOTOROLA) solely as a trouble analysis aid for isolating, diagnosing, and fixing problems in such software. 923 6. FIRM PRICING STRUCTURE 924 9251 9261 927 928 929 930 All pricing quoted in this Agreement, except the prices in Volume III shall be in for the term of the Agreement; shall apply to all equipment, software, ser'icm and supplies; and shall also apply to any equipment changes or additional equipment which the COUNTY may purchase under this Agreement. The COUNTY shall allow MOTOROLA to increase -the discount at any time during the terry of the Agreement. 1T&C.wpd Volume I S - 3 12/29/95 q MOTOROLA represents that the products and services under this Agreement have not been 933 previously sold or offered for sale under substantially similar Terms & Conditions and in 934 substantially similar quantities to any other State; County or City at a lower price than the price 93.5 offered to the COUNTY on products sold under this Agreement. 936 .937 The prices reflected in Volume II will remain valid for a period often (10) years from final 938 system acceptance. Items may be added to Volume u at any time by mutual consent of 939 iviOTOROLA and the COUNTY. MOTOROLA shall extend all price reductions to the 940 COUNTY. Price increase;, shall only be allowed subject to general increases in MO'TOROLA.'s 941 published price list. MOTOROLA may increase prices listed up to a maximum not to exceed the 942 lesser of the Consumer Price Index ("CPI") or three (3) percent. The initial base price shall be 943 the prices listed in this Agreement. Thereafter, the base price shall be the latest adjusted price as 944 established in accordance with the terms of this Section. In no event will prices increase more 945 than once during any COUNTY fiscal year. 946 947 At any time during its performance of this Agreement, MOTOROLA may implement changes in 948 the products set forth in Volume III, modify the drawings and specifications relating thereto, or 949, substitute therefor different products; provided, however, that any such changes, modifications 950 or substitutions, under normal and proper use: (1) shall not materially or adversely affect physical 951 or functional interchangeability or performance (except where there is written agreement 952 between the parties that specific characteristics will be so affected); (ii) shall not detract from the '3 safety of the product and (iii) shall.be type -accepted by the appropriate authority, if required. . 1 .Any replacement products provided by MOTOROLA pursuant to this section shall be offered in 955 accordance with the pricing structure set forth above. • - 956 957 7. FCC/FAA LICENSE 958 959 The COUNTY is responsible for obtaining any licenses required by the Federal Communications 960 Commission (FCC) and the Federal Aviation Administration (FAA). COUNTY and 961 MOTOROLA expressly agree that the project implementation is contingent upon receipt of 96211 proper FCC/FAA 1k s ai a, . • MOTOROLA's oerYoamance nfthiR Agreement shy ensure that all 9631 applicable requirements of the F CC/FAA licensing are met by the 800 MHz Trunked Radio 964 Communications System. 965 966 8. IMPLEMENTATION SCtlEnU ,E_ 9671 968 Preliminary and final implementation schedules and final system design shall be prepared by 969 MOTOROLA. The final implementation schedule shall indicate in detail all the 800 MHz system 970 tasks, related subtasks to be performed and the associated dates the tasks are to be performed 971 and a final completion date. No equipment shall be scheduled for delivery more than eight (8) 973 972 weeks prior to its scheduled installation date without approval of the COTR, The final shall be provided by MOTOROLA within thirty (30) days after final system design approval. implementation schedule and system design shall be subject to approval by the COUNTY and ?4 I T&C.wpd Volume 1" S - 4 12/29/95 q The Final Implementation Schedule as approved by the COUNTY shall be attached hereto and 976 becomes a part of this Agreement. 977 978 9. NON INTERFERENCE WEm RCS AGENCIES 9791 i 980 MOTOROLA's performance of work under this Agreement must not interfere unnecessarily 981 with the operation of any RCS agency. 982 983 10. INVENTORY ENTORY 984 985 MOTOROLA agrees to maintain an inventory report which includes a line item for COUNTY 986 asset or property tag ID#. 987 988 11. INTERFACE WITH O'111ER VENDORS 989 990 , MOTOROLA agrees to cooperate with other vendors supplying equipment to, or performing 991 services for, the COUNTY asmay be requested by the COUNTY. MOTOROLA specifically 992 agrees not to unreasonably withhold technical data deemed necessary by the COUNTY for 993 interface with equipment or software system supplied to the COUNTY by other vendors. This 994 shall not be construed, however, as implying that MOTOROLA will provide unlimited 995 documentation to other vendors or that special services will be provided. Any request by the 5 COUNTY that MOTOROLA cooperate with other vendors shall recognize MOTOROLA's right to protect its proprietary interests and intellectual property. 998 999 12. AD'VERTI57NG/PROMOTIONAL.TOURS 1000 1001 To protect the privacy, operational effectiveness and integrity of the COUNTY's use of the 800 1002 MHz system, MOTOROLA shall refrain from any advertising of the COUNTY's 800 MHz 1003 system andrefrain from arranging or encouraging promotional or other visits to the COUNTY, 1004 except as specifically approved in advance by the COUNTY. However. the COUNTY agree 100511 that it.shall occasiona)ly glow such toure .t,nd ''' , .- � �....� advertising unless they unreasonably interfere with 10061 the communications center or other COUNTY operations. 1007 1008 13. STATE-OF-II:Le-ART E9ITIP'ldlh'NT :._ 1009 1010 The parties acknowledge that the COUNTY desires to have the most current equipment and 1011 I software for the system at the time of installation. If MOTOROLA becomes aware that 1012 improved, compatible equipment or software products are available thirty (30) days prior to 101311 shipment, MOTOROLA will notify the COUNTY In its notice to the COUNTY, MOTOROLA 1014 will provide an assessment, to the extent such information is available, of the advantages, 1015 disadvantages and cost impact to the COUNTY, if any, of utilizing such alternative equipment or 1016 software. The COUNTY will advise MOTOROLA in writing within ten (I 0) days of its 7l intention to utilize or disregard such alternative equipment or software; failure of the COUNTY IT&e.wpd Volume 1 S - 5 12/29/95 1019 1020� 1021 1022 1023 1024 102511 1026 1027 1028 1029 1030 1031 14.2 During the performance of this Agreement, it is understood thatMOTOROLA may 1032 implement changes in the products set forth in this Agreement or substitute products of 1033 more recent design. This shall be allowed provided that any such changes, modifications 1034 . and substitutions, under normal use shall not materially or adversely affect physical or 1035 functional interchangeability or performance, or result in price changes except where there 1036 is prior written agreement between MOTOROLA and the COUNTY that specific 1037 characteristics will be so affected and/or price so affected. 1038 39 15. FREIGHT/DELIVERY, 0 1041 MOTOROLA assumes full responsibility for all transportation, transportation scheduling 1042 packing, handling, insurance and other services associated with delivery of the equipment and 1043 materials under this Agreement. MOTOROLA will notify the COUNTY of impending shipments 1044 not later than ten (10) County work days prior to actual shipment. All costs associated with 1045 shipment and/or transportation and handling of any item purchased under this Agreement are 1046 included in the total contract amount. All freight must be P.O.B. destination, prepaid and shall 1047 be unloaded at COUNTY specified sites by the carrier or ivMOTOROLA. 104RiI 1049 16. PATENT 7NDEMNIFICA1TON 1050 1051 MOTOROLA agrees to defend, at its expense, any suits against the COUNTY based upon a 1052 claim that any products furnished hereunder directly infringes a U.S. Patent or copyright, and to 1053 pay costs and damages finally awarded in any such suit, provided that the COUNTY promptly 1054j notifies MOTOROLA in writing and at MOTOROLA's request and expense is given control of 1055! said suit and all requested assistance for defense of same. If the use or sale of any such product 1056/ furnished hereunder is enjoined as a result of such suit, MOTOROLA, at its option, and at no 1057! cost to the COUNTY, shall obtain for the COUNTY the right to use or sell such product, modify 1058 the product to make it non -infringing or substitute an equivalent product reasonably acceptable 1059 to the COUNTY and extend this indemnity thereto or, if none of the foregoingremedies are ' "60 reasonably available to MOTOROLA, accept return of the product and reimburse the COUNTY I to advise MOTOROLA will be deemed an election by the COUNTY to disregard the utilization of the alternate equipment or software_ 14. EOURM NT COMPATIBILITY 14.1 MOTOROLA ORO :.A agrees that the hardware e and/or software, together with any and all associated equipment it will provide, as otherwise specified in the Agreement and described in the Statement of Work will pezform individually and as an integrated System in accordance withthe specifications and representations stated in this Agreement. This Agreement does not extend to the performance or integration of the System equipment into a different system generally nor specifically to System equipment in combination with products, elements or components not supplied by MOTOROLA_ IT&C.wpd Volume I S ® 6 12/29/95 1 ... _ the full purchase price therefor less a reasonable charge for reasonable wear and tear. This 1062 indemnity does not extend to any suit based upon any infringement or alleged infringement of any 1063 patent or copyright by the combination of any product(s) firrnis. cd by MOTOROLA and other 1064 elements nor does it extend to any product(s) of the COYJNTY's design or formula. 1065 166611 17. STANDARDS OF PERFORMANCE AND ACCEPTANCE TESTING 1i}6rll 10681 MOTOROLA shall certify in writing to the COUNTY when the 800 MHz System or subsystems 1069 supplied by MOTOROLA are installed and ready for use. The 800 MHz System or subsystems 1070 will be ready for use upon successful completion of acceptance testing as set forth in the 1071 Acceptance Test Plan (ATP). Acceptance shall be deemed to have occurred only when the 1072 COTR. has provided MOTOROLA with written certification of system or subsystem acceptance. 1073 MOTOROLA shall record the test results in conjunction with COUNTY staff and provide the 1074 COUNTY with error -free test results for COUNTY verification. The system or subsystem shall 1075 not be accepted until the standards of performance are met. Prior to acceptance, the COUNTY 1076 will obtain RCS Board review and approval. Such standards of performance and acceptance ' 1077 testing shall conform to specifications as defined in Volume fl - Statement of Work. 1078 1079 IS. PROJECT/CONTRACT FINANCIAL REPORTING 1080 1081 MOTOROLA shall., as part ofthe monthly status report; provide monthly financial reporting of ? all contract Milestones, deliverables, invoices; change orders and task Orders. 1 1084 -19. PAYMENT APPROVAL PROCESS 1085 1086 Payment to MOTOROLA will be made by the COUNTY subject to the following process: 1087 1088 • COUNTY and MOTOROLA project managers will review items/services delivered. 1089 o If COUNTY approves deliverable/mdestone, approval will be provided on written sign -off. 1090 form. knior to payment, the COUNTY will obtain RCS Board review and approval. 1.09ziI r EbtOL . n.01 in -,,,,,;(..'• me nt!,ly ba ed on approved 3417;-;; VAA1A.l. I:.v 'Veti :ECCjiii 109211 COUNTY. ---- 1093 • COUNTY will make payments based only on approved sign -off forms prior to month -end. 1094 • COUNTY will make payment within 30 days after receipt of invoice from MOTOROLA_ 1095 I096 iT&C.xpd Volume T S - 7 12/29/95 1098 1099 1100 1101 1102 1103 11041 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 20. WARRANTY Warranty of the RCS System and its equipment shall be in accordance with Exhibit C which is incorporated in the Agreement. 21. :FORCE; MAJEURE Neither ivMOTOROLA nor the COUNTY will be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts will include, not be limited to, acts of God; fire; strikes; material shortages; compliance with laws or regulations; riots; acts of war; or .any other conditions beyond the reasonable control of the party or parties. Delays as identified herein may cause an impact on the period of performance stated in the Agreement. 22. REQUIRED APPROVALS Where agreement, approval, acceptance, or consent.by either party,is required by any provision of this Agreement, such action will not be unreasonably delayed or withhold. IT&C.'pd Volumne I i - 8 12/29/95 tc-co-y� 11:30AN l`itUfd MU1 J ll1 t tAt:t, lU y33l4014 r.UUI t 12/28h County of San Diego Regional CommunlcaSotts System Equipment Summery: t100 him Tinned System :Wattle 86 (P C) 1,674,301.96 Now Sictriceet System 19t3 703.54 South sgEe Si4$ imukast System 1,910,253.37 Systeme 885,977.17 Mobiles. Portsbtett, a Control Stat ins .11.574;06.70 Mobile Date System Mobile Data infrastructure 960 MHz t.inh Equipment Mobile Data Terminal Devices Microwave Sown .MknowliVe Egt4Amerrt Micrswave Vendor Services Channel Banks Antenna system: Antenna Systems 1.542.4 7.5e Dlepateb Cantata ECC Furniture opa ECC Equipment1.01 r Eq. tit 7,83TMC Equipamertt 63 94fi.18 Control Stations 11;13 108.637.6G 800 MHz %duet Aid Equipment 800 MHz Mutual Aid Equipment - C o44IITRF 250,873:04 144.275 41 Common Equipment Reconknomied Spare Parts aro Recommended Ted EquipmentEquipment,588. Manuals 2444A,568.47 47 19,29g.90 County Spe,cr7rOd Equipment Tezi373,043.00 qu xnerrt Equipment Tatst Vendor Services Toter: Total Equipment and Vendor Scrvioei Ores Services: Detailed System! Design Detailed ircplamontation Fleming Microwave Procurement Se, Miceowave implementation Management Factory Staging Support inendtstion & Integration Optimization & Acceptance Testing System Documentation PostAcceptento System Management Support Training Supped Program Mere+8lrmerrt Project Administration Tad Piroot SeryicOe Motorola Confidential and Proprietary 28,245,141.47 1,147,738.48 Z6,630.44 0.00 0.00 4,685.404.50 EXHIBIT A PRICING SHEET Sub -Totals Totals 0.00 0.00 1,471,330,.7E 316.916.75 171,279.25 420,054 00 772.786.00 1,630.1166.91 1.285.191.255 271,363.75 777..370.00 109.155-S0 715,200.00 351.04Q.00 8,301,664.66 28245.141.47 1 IL-L0T33 1l:a0Mri if•.V!ir !fW1.`".31 lllY Litt, 1•V 533I4U44 fUIJO 1212AI,S indirect Services: County of San 0iego Regional Communication* System Factory Staging ab knptsrnentationi Services CCS1 Factory gins _ CC51 Factory Supplied Cabling 0.9 1.7S RtHG Factory iri�g`aig 302,931.71a 0,00 Total Indirect Service,, Total Services Other Coen: System Warranty Period Maintenance . FNC (T-Year, 501) Voice, Data, & Microwave Infrastructure 534.920.53 RNG Hardwsre/Scnwere Training 0,00 Freight 919,647.62 Performance Bonds 478,549_82 (25% Pert; 10% Payment) 51,250.00 1,173,860.66 9,475,525.32 Total Other Costs 1,584,468:08 Twat services and OU1et Costs 11,159,993.40 Total System Before Tex 39_405.134.W Tax of equipment}: 1,977.159.90 System Discount (4,34%j -1,710.182,05 Grand Totaltwto Microwave; wrio MDTerAVta 39,672,111.97 Net estimated sscvew earnings attributable to Equipment and Services 2,210,000.00 Net !Unclad Motorola. k o orook.ott 444 �A Molnrele Corfidentiei and Proprietary 2 i2 28-95 l EXHIBIT B MILESTONE PAYMENT SCHEDULE AND TERMS .1. Upon acceptance by the County of the detailed Subsystem Overviews, Subsystem Descriptions, System Diagrams and Equipment Lists, Motorola s 3an. bill for anti be paid the sum of $3,967,211.00 2. Upon acceptance by the County of the detailed system Acceptance Test Procedures, Motorola shall bill for and be paid the sum of $3,967,21.1.00 COUNTY acceptance or rejection ofthe documents listed in this Exhibit shall be provided in writing within fifteen calendar days after the documents are received by the COUNTY. 3. Upon receipt, installation' and acceptance ofthe backbone equipment, Motorola shall bill for and be paid for the following including tax and freight on a sub -system basis (unless otherwise mutually agreed): a) $10,002,172.66 upon receipt of equipment. ,•i • b) $869,754.14 upon completion•of installation on a site by site basis. 4. Upon receipt and acceptance of the following direct services, Motorola shall bill for and be paid the following amounts: a) Delivery ofFinal Detailed System Design Documentation: $1,813,475.30 b) Factory Staging Support due upon shipment of staged equipment: - $1,193,120.46 c) Optimization and Acceptance Services and Other Costs due upon conditicinal acceptance of 800 Mhz voice system: $1,576,937,55 d) Training Support Courses (as each course is completed): $261,868.31 e) Program Management Services: 305,670.17 per month beginning 30 days after contract execution for a period of 23 months. • f) Program Administration Services: $7,690.48 per month beginning 30 days after contract execution for a period of 23 months. 5. The balance of all field equipment, ($10,054,859.00) to include portables, mobiles, control stations, and all antenna, line and connector cquipmentshall be billed upon receipt • at the prices set forth in Volume III or such other prices as mutually agreed and recognized by Change Order or Task Order issued under this AGREEMENT, including tax and freight. 12-28-95 6. Conditional Acceptance / Beneficial Use of the 800 Mhz System shall constitute the basis for a t., payment asa ment of S ' ,283.12. r.i 67 7. Final Acceptance of &i subsystems shall constitute the basis for a payment of $3,250,924.68 which shall include retention of all remaining amounts and the balance of the contract price, excluding task orders ! options. Receipt of mobile, portable and control station equipment is defined to occur upon delivery and signed receipt by a County representative at a location designated by the County at least 30 days prior to shipment. Receipt of all other equipment is defined to occur upon delivery and signed acknowledgement of delivery by a County representative at a location designated by Motorola within San Diego County. The County will sign the acknowledgement of delivery within 5 days of request of Motorola Payment shall be made within 30 days of receipt of a properly executed and approved invoice by the Auditor / Controller. Schedules for all items are set forth in Volume II. No payments shall be made for equipment delivered in advance ofthe agreed schedules. Change or Task Orders which modify the delivery schedules and milestones set forth in Volume II shall adjust the above payment schedules. Any such Change or Task Order shall set forth revised pricing and payment schedules based upon mutual agrbement in the case of Change Orders exceeding. $25, 000. 2- LICENSE AGREEMENT This License Agreement is between MOTOROLA, INC., a Delaware Corporation, having an office at 1301 East Algonquin Road, Schaumburg, Illinois 60196 ("Motorola") and the Licensee named below ("Licensee"). WHEREAS, Motorola has developed or acquired, or will develop or acquire Programs (as hereinafter defined) and/or Programs for incorporation into Motorola Products; WHEREAS, when th-e Licensee purchases, from time to time through various purchase contracts or Otherwise, Programs and/or Frograms incorporated into Motorola Products, the Licensee acquires certain rights in such Programs and may utilize such Programs in accordance with this License Agreement; and WHEREAS, at the time of purchase by Licensee, a Software License Level may be indicated for each Program or Program contained within a Motorola Product on such purchase contracts or otherwise. NOW, THEREFORE, in consideration of the premises and the mutual covenants hereinafter expressed, Licensee and Motorola agree as follows: Section i DEFiNMONS 1.1 "LICENSEE" shall mean the licensee indicated at the end of this Agreement. 1.2 "LICENSED SUBSIDIARIES"shall mean all Subsidiaries ,of Licensee that have executed this Agreement or an Addendum hereto .agreeing that the terms and conditions of this Agreement shall apply to such Subsidiary.- Upon becoming a Licensed Subsidiary, such Subsidiary shall be treated for all purposes as a Licensee hereunder and shall be bound by all of the terms and conditions hereof. 1.3 "LICENSEE'S PERSONNEL' shall mean any person who- is directly employed by the Licensee. .4 "MOTOROLA PRODUCTS" shall mean products designed, manufactured, acquired and/or sold by Motorola, inc., as identified in purchase contracts or as otherwise 'identified. 1.5 "PHOGI9AMS" shall mean object code software for use in conjunction with Motorola Products or for use within Motorola Products. 1.6 "SUBSIDiARY" shall mean any corporation, company, or other entity more than fifty percent (50%) of whose outstanding shares of stock entitled to vote for the election of directors (other than any shares or stock whose voting rights are subject to restriction) is owned or controlled by a party hereto, directly or indirectly, now or hereafter, but any such company or other entity is a Subsidiary only so long as such ownership ar control exists. 1.7 "TRANSFEREE" shall mean a third party corporation, company, or other entity (other than a Licensed Subsidiary) that may acquire rights in certain Programs having a Level Two Software License through a written agreement with the Licensee. Exhibit 13 Section 2 LICENSE 2.1 LEVEL ONE SOFTWARE LICENSE: Motorola hereby grants to Licensee a personal, non- exclusive, and nontransferable Level One Software License for Programs purchased by Licensee which are identified, in writing; as Level One Software. and for any such f'rogran's thee do not have an expressly written software level. A Level One Software License shall contain the following terms and .provisions: 2.1. ' Licensee May use such Programs solely for the intended purpose of the Programs; 2.1.2 Licensee may only use Programs in the United States, in a country expressly stated in purchase contracts pertaining to the Programs, or in a country that. is. otherwise identified in a written agreement that is signed by at least Motorola; 2.1 .3 Licensee shall not disseminate, disclose, or make available. the Programs, or any parts thereof; in any form to a third party without the express written consent of Motorola; 2.1.4 Licensee shall not disassemble or reverse engineer the Programs, or any portion thereof, without the express written consent of Motorola; 2.1.5 Licensee will take appropriate action, by instruction, agreement or otherwise, with any persons, including Licensee's Personnel, permitted access to the Programs, such that Licensee satisfies its confidentiality obligations under this License Agreement; 2.1.6 Licensee shall not make copies of the Programs without the express written consent of Motorola, except for up to four (4) backup copies; 2.1; 7 Title to Programs and any copies thereof, in whole or in part, and all rights in patents, copyrights, trade secrets, and other intellectual properties of such Programs are vested in Motorola; 2.1.8 The Licensee shall include ail copyright notices, trademark notices, and other proprietary legends in accordance with Motorola's instructions on all copies of the Programs it crakes; and 2.1 , 9 Licensee acknowledges and agrees that the existence of any copyright notice on any Program shall not be construed as an admission or presumption that publication of such Program has occurred. • 2.2 LEVEL TWO SOFTWARE LICENSE: Motorola hereby grants to 'Licensee a personal, non- exclusive, transferable Level Two Software License for such Programs purchased by Licensee which are identified, in writing as Level Two Software. A. Level Two Software License shalt contain the following terms: 2.2.1 Licensee may use such Programs solely for the intended purpose of the Programs and*only in the distributed form of the Programs; 2.2.2 Licensee shall not make copies of the Programs except for four (4) back-up copies; however, this restriction does not include records stored on electronic or magnetic media that have been created by the Programs and used for system management purposes; U.S. Revised 5/92 Page 2of8 Exhibit S 2.2.3 Licensee shall not modify, adapt, or merge the Programs; 2.2.4 •Licensee shall not make the Programs available to a third party that is not bound by a similar License Agreement and does not have a need to know; 2.2.5 Licensee may not disassemble, decompile, or otherwise reverse engineer the Programs; 2.2.6 Licensee shall pay all applicable sales and use taxes or certify its exemption therefrom; 2.2.7 Licensee shaft comply with the export regulations of the Office of Export Administration for the United States Department of Commerce; 2.2,8 Licensee may transfer such Programs in their entirety to a Transferee, but only if the Transferee uses the Programs under the same License terms and provisions as specified herein from Motorola; and 2.2.9 Title to Programs and any copies thereof, in whole or in part, and all rights in patents, copyrights, trade secrets, and other intellectual properties of such Programs are -vested in Motorola. 2.3 LEVEL THREE SOFTWARE LICENSE: Motorola hereby grants to Licensee a personal, non- exclusive, and nontransferable Level Three Software License for such Programs purchased by Licensee which are identified, in writing, as Level Three Software, A Level Three Software License shall contain the following terms_ and provisions:, 2.3.1 Licensee may use Programs solely for the intended purpose of the Programs; 2.3.2 Licensee may only use Programs at a site, or sites, expressly stated in purchase contracts pertaining to the Programs, or at a site, or sites that are otherwise identified in a written agreement that is signed by Motorola_ if a slte is not specified, the Licensee may use the Programs only at the facility where the Programs were initially installed; 2.3.3 Li.,..-,. as shall pot disseminate, disclose, or make available the Programs, or any p9rts thereof, in any form to a third party without fire express written consent rtf Motorola; 2.3.4 Licensee shall not disassemble or reverse engineer the Programs, or any portion thereof, without the express written consent of Motorola; 2.3.5 Licensee will take appropriate action, by iristruction,- agreement or otherwise, .with any persons, including Licensee's Personnel, permitted access to the Programs, sect! that Licensee satisfies its confidentiality obligations under this: License Agreement; 2.3.6 Licensee ,may make copies of the Programs, ~but only in sufficient quantities to service the site, or sites, expressly stated in purchase contracts pertaining to. the Programs or otherwise identified in a written agreement that is signed by at least Motorola_ if a site is not specified, the Licensee may only make copies of the Programs in sufficient quantities to service the facility where the Programs were initially installed; U.S. Revised 5/92 Page 3 of 8 Exhibit B 2.3.7 Title to Programs and any copies thereof, in whoie or in part, and all rights in patents, copyrights, trade secrets, and other intellectual properties of such Programs are vested in Motorola; 2.3.8 The Licensee shail include all copyright notices, trademark notices, and other proprietary legends in 'accordance with Motorola's instructions on all copies of the Programs it makes; and 2.3.0 Licensee acknowledges and agrees that the existence of any copyright notice .on any Program shall not be construed as an admission or presumption that publication of such Program has occurred. Section 3 PROVISIONS AND CONDITIONS FOR SOFTWARE LICENSES 3.1 Licensee agrees to pay for each Program, a one-time, lump -sum, License fee. Each such License fee shall be due and payable upon receipt of invoice unless otherwise specified. Service charges at the maximum rate permitted by applicable law may be invoiced on accounts more than ten (10) days past due and shall be due and payable upon receipt of invoice for such service charges. '3 .2 The License fee for each Program wilt be listed • in Motorola's current Price Book, current addendum to such Price Book, or other tangible form. License fees in the Price Book are subject to change without notice. Orders for each Program will be billed at the License fee in effect on the day Licensee's order is entered. 3.3 Licensee shall pay all sales, use and excise taxes, and any other assessments in the nature of taxes, however designated: 3.3.1 on each Program or its License or use; 3.3.2 resulting from this License Agreement; or 3.3.3 on any amount payable for any services furnished under this License Agreement, exclusive of personal property taxes assessed on the Program and taxes based on Motorola's net income, unless Licensee furnishes Motorola with a certificate of exemption from payment of such taxes which is in a form reasonably acceptable to Motorola. 3.4 Licensee shall not assign or transfer this License Agreement or subiicense any Program purchased under this License Agreement. without the prior written consent of Motorola. Any prohibited assignment, transfer or sublicense shall be null and void. 3.5 Motorola reserves the right to assign this License Agreement, encumber or sell any Program, or subcontract any of Its obligations hereunder, either in whole or in part, without notice to or the consent of Licensee. 3.6 Motorola shall not be responsible for support or ,field, service of any Program under this License Agreement. Any maintenance by Motorola; if available, shall be by separate agreement on Motorola's then current terms and conditions and at Motorola's then current prevailing rates for such maintenance. U.S. Revised 5/92 Page 4 of 8 Exhibit 6 Section 4 TERM OF LICENSE AGREEMENT 4.1 This License Agreement shall have a term of ten (10) years and shall be applicable to all Programs and/or Programs contained within Motorola Products that are purchased, or otherwise acquired, by Licensee; or Transferee, during the term of this License geemont 4.2 This License Agreement may be terminated prior to the expiration of the ten year term for the reasons set forth in Section 6. For premature termination, the procedures specified in Section 6 must be followed_ Section 5 CONFIDENTIALITY 5.1 Licensee shall' keep each Program confidential and shall not use any Program for any purpose other than its intended purpose. 5.2 Licensee shall restrict access to each Program to Licensee's Personnel who have a need to know. 5.3 Licensee shall not disclose or disseminate Programs, or any parts thereat, to any third party during the term of .this License Agreement and for a period of ten years after the termination of this License Agreement, without the express written consent of Motorola. 5.4 The obligations of this Section 5 shall survive the expiration, termination, or cancellation of this License Agreement for any cause. 5.5 The obligations of this Section 5 shall not apply to information that: 6.5.1 Is or becorries publicly known through no wrongful act on the part of Licensee; 5.5.2 is already known to Licensee at the -time of disclosure; 5.5.3 is rightfully received by Licensee from a third party without breach of this License Agreement; or 5.5.4 Is explicitly approved for public release by written authorization of Motorola. Section 6 TERMINIATV^N 6.1 If either party commits a material breach of any of its obligations set forth herein, in a purchase contract for Programs, or other agreement regarding Programs, the other party may give written notice of termination to the breaching party. The written notice of termination shall specify the material breach and must specify whether' the entire License Agreement is being terminated or whether the License Agreement is being terminated with respect to a particular Program, or particular Programs. Upon receipt of the written notice of termination, the breaching party shall have sixty (60) ,days to, curc the material breach_ in the event that the material breach is not cured during the sixty (60) days, the License Agreement is terminated as specified in the written notice of termination. 6.2 The termination set forth in Section 6.1 shall not be exclusive of any other remedies or means of redress to which the non -breaching party may be lawfully entitled. U.S. Revised 5/92 Page 5 of 8 Exhibit B 6.3 Upon termination of this License Agreement or termination of this License Agreement for any particular Program(s), . Licensee shall promptly forward to Motorola, or to Motorola's designee, all copies of Programs for which this License Agreement is terminated. Section 7 WARRANTY 7.1 For the first one (1) year following its initial shipment, Motorola warrants that, when properly used, its Programs will be free from reproducible defects that cause a material variance from its published specification. However, Motorola does not warrant that Program operation will be uninterrupted or error -free, that each defect wilt be corrected, or that any Program will meet Licensee's particular requirements. 7.2 MOTOROLA'S TOTAL LIABILITY AND LICENSEE'S SOLE REMEDY FOR ANY WARRANTED PROGRAM SHALL BE LIMITED TO, AT MOTOROLA'S OPTION, PROGRAM REPLACEMENT OR THE PAYMENT OF LICENSEE'S ACTUAL DAMAGES, NOT TO EXCEED THE SUMS PAID TO MOTOROLA FOR THE MOTOROLA PRODUCT INCORPORATING THE DEFECTIVE PROGRAM. THIS WARRANTY EXTENDS ONLY TO THE FIRST LICENSEE; SUBSEQUENT TRANSFEREES ACCEPT THESE PROGRAMS "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. THIS WARRANTY REPLACES ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 8 LIMITATION OF LIABILITY 8.1 The entire Motorola liability to Licensee for damages concerning performance or nonperformance by Motorola under the License Agreement or in any way. related to the subject matter of the License Agreement, regardless .of whether the claim for such damages is based in contract, tort or otherwise, and Licensee's sole and exclusive remedy shall be limited to the payment by Motorola of actual damages not to exceed the total License fee paid by Licensee for the Program, or Programs that caused the damages or is the subject matter of or is directly related to such claim. 8.2 IN NO EVENT SHALL MOTOROLA BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF USE, TIME OR DATA, INCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS OR SAVINGS) TO THE Fill I EXTENT SUCH MAY BE DISCLAIMED BY LAW EVEN IF MOTOROLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOi=t Ai'r ACiAiN,Sr LICENSEE. BY ANY O i-IER PA -t i-Y. Section 9 INDEMNIFICATION 9.1 If promptly notified in writing, Motorola will .defend any suit against Licensee that claims that U.S. patents, copyrights, or trade secrets of another have been infringed solely by Motorola's unaltered Programs and will pay any associated costs or damages finally awarded. Upon Motorola's request, Licensee agrees to reasonably assist in any, defense and surrender control of the suit to M_oto.rola. Motorola may elect, at any time, to modify or replace these Programs with equivalent non -infringing items, obtain the right to continue using the Programs or, if these remedies are not reasonably available, terminate this License Agreement with respect to such Programs. Motorola shall have no liability for infringement that arises from any modification of. Motorola's Programs by Licensee or from Licensee's combination of Motorola's Programs with another's. U.S. Revised 5/92 Page 6 of 8 Exhibit B Section 10 DISPUTES Q.1 .Motorola and the Licensee will atternpt to settle .any claim or controversy arising out of this Agreement through consultation and negotiation in good faith and a spirit of mutual cooperation. if those attempts fail, then the dispute will. be mediated by a mutually acceptable mediator to by chosen by Motorola and the Lceeeee within thirty (30) days after written notice by one of the parties demanding non -binding mediatiion. Neither one of the parties may unreasonably withhold consent to the selection of a mediator, and Motorola and the Lir;en ee will share the cost of the mediation equally. By mutual agreement, however, Motorola and Licensee may postpone mediation until both parties have completed some specifier) hut Vomited discovery about the dispute. The parties may also agree to replace mediation with some other form of non -binding alternate dispute resolution procedure ("ADR"). 0.2 Any dispute which cannot be resolved between the parties through negotiation or mediation within two (2) months of the date of the initial demand for it by one of the parties may then be submitted to a court of competent jurisdiction in Illinois. Both Motorola and Licensee consent to jurisdiction over it by such a court. The use of any ADR procedures will not be considered under the doctrine of laches, waiver or estoppel. to affect adversely the rights of -either party. Nothing shall prevent either of the parties from resorting to the judicial proceedings mentioned in this paragraph if (a) good faith efforts to attempt resolution of the dispute under these procedures have been. unsuccessful or (b) interim relief from the court is necessary to prevent serious and irreparable injury to one of the parties or others. Section 11 GENERAL • PROVISIONS 11. 1 'This License Agreement constitutes the complete and exclusive statement of the . agreement between Motorola and Licensee, and supersedes all oral or written proposals, prior agreements and other prior communications between the parties, concerning the subject matter of the License Agreement. 1 1 .2 ,All formal notices, consents and other communications required or permitted under this License Agreement shall be in writing and shall be sent in such a way as to assure receipt by the other party. Either party may change its address for formal notices by written notice to the other party. 11.3 This License Agreement shall be governed by and constrzred in accordance with th:, laws of the State of 11.4 No representation or promise relating to, and no amendment of, this License Agreement shall be binding unless it is in writing and signed by both parties. 11.5 The terms and conditions of this License Agreement shall prevail notwithstanding any variance with the terms and conditions of any order submitted by Licensee. 11.6 Motorola shall not be liahle 'for any failure to perform due to causes beyond its reasonable control. 11.7 No waiver by a party of any breach of any provision of this License Agreement shall constitute a waiver of any other breach of that or any other provision of this License Agreement. U.S. Revised 5/92 Page 7of8 Exhibit B 1.8- Licensee recognizes that applicable Federal Communications Act and other statutes, laws, ordinances, rules, and regulations may change from time to time and that accordingly Motorola in its sole discretion has the right without liability to modify this License Agreement to comply with such change. 11.9 In the event that any of the provisions contained in this License Agreement are held to be unenforceable, this License Agreement shall be construed without such provisions. 1.1 .10 No action, regardless of form, arising cut of the License Agreement may be brought by • Licensee more than one (1) year after the cause of action has arisen. 11.11 When, at the time a Program or Program contained within n Motorola Product is shipped, a Software Level is not indicated in the purchase contract or otherwise, such Program shall be deemed Level One Software... The Software Level of a Program may be amended by a written agreement signed by Motorola. ACCEPTED AND APPROVED AS OF 199 . MOTOROLA: LICENSEE: MOTOROLA INC. By: (Authorized Signature) Name: (Print - Block Letters) PURCHASER By: (Authorized Signature) Name: (Print - Slack Letters) Title: Title: (Print - Block Letters) (Print - Block Letters) Date: Date: • Customer #: Address for Formal Notices:. Address for Formal Notices: Motorola, inc. 1303 East Algonquin Road Schaumburg, Illinois 6019€ Attn.: .intellectual Property Department Attn.: LICENSED SUBSIDIARIES (if any) NAME TITLE: DATE U.S. Revised 5/92 Page 8 of a CC/CDC-HA Agenda 3/1/2016 — Page 214 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City accepting a Utility Easement from Seven Twenty Six MS L L C for the installation and maintenance of two water pipelines to provide potable water and fire sprinkler service to 726 W. 19th Street CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 1, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City accepting a Utility Easement from Seven Twenty Six M S a L C for the installation and maintenance two water l to pro-vide and eve ei.aP even of two �iP.i ..PPP PC3 fOi �.JP O,C V py,i �i potable water and fire sprinkler service to 726 W. 19th Street, National City, CA 91950. . PREPARED BYE C; raries Nissley. vu DEPARTMENT: Engineering/Public Works PHONE: 61 g-336-43g6 APPROVED BY: EXPLANATION The City of National City recently acquired the property located at 726 W. 19th Street, National City, CA 91950 as part of the Public Works relocation effort. Several improvements were required in order for the Public Works Department to use the building including new potable water and fire sprinkler lines. In order to install the new lines from the water main in McKinley Avenue the services will cross through the property located at 1920 McKinley Avenue. Seven Twenty Six MS LLC, the owner of 1920 McKinley Avenuc has provided a signed and notarized grant deed for the potable water and fire sprinkler service easement. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A. ATTACHMENTS: 1. Grant Deed 2. Resolution PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: City tngineer City of National City 1243 National City Blvd. National City, CA 91950 AND WHEN RECORDED MAIL TO: City Engineer City of National City 1243 National City Blvd. National City, CA 91950 THIS SPACE FOR RECORDER'S USE ONLY (Note; This document is recorded on behalf of the City of National City, a municipal corporation, and is exempt from Recorder's fees pursuant to Government Code Section 27383) GRANT DEED FOR UTILITY EASEMENT FOR 726 W. 19n1 STREET THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) • REBORDING REQUESTED BY: THE CVTY OF NATIONAL CITY AND WHEN RECORDED MAIL TO: City of National City - City Clerk 1243 National City Boulevard National City, CA 91950 Order No.: Escrow No.: APN: 559-095-11 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE GRANT DEED EASEMENT THE UNDERSIGNED GRANTOR(S) DELARE(S): DOCUMENTARY TRANSFER TAX IS: None - Consideration less than $lot) ❑ Computed on the full value of the property conveyed, or ❑ Computed on full value less value of Hens or encumbrances remaining at the time of sale, ❑ Realty not sold ❑ Unincorporated area City of National City and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SEVEN TWENTY SIX M S L L C Hereby GRANT(S) to: THE CITY OF NATIONAL CITY The followingdescribed real property the cityof National City P A � in State of Califorelia: As shown in E.Nbnrth� «A attached 6e.Am<,.d a, .�<.. -+� r^ .r 1920 McKinley hzreo and e e iade a7 ¢rose hefe 4an yag pi xp i llEt yrV my known as: McKinley Avenue; Nl Xorol City, Caii om a (Easement on. YA �Y ; ant a"Aru Dated: / '/2 , /1!— re..Zolt of Grantor Printame SEVEN TWENTY SIX MS L EVEN TWENTY SIX MS L. Mali Tax Statements To: Same As Above REV 01/07/2015 GRANT DEED, EASEMENT ATTACHMENT "A" APN 559-095-11 October 19, 2015 GRANTOR: SEVEN TWENTY SIX M S L l_ C GRANTEE: THE CITY OF NATIONAL CITY An easement and right of way for the installation and maintenance of two water pipelines and appurtenances through, over, under, along, and across the Northerly 3.00 feet of Lot 20, Block 237, National City Map No. 348 to provide potable water and fire sprinkler water service to 726 W 19th Street, National City, California 91950 for the City of National City. This easement supersedes the original easement for water service granted via Doc. No. 87-255615, Recorded with the San Diego County Recorder on May 8, 1987. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, acairacy, or validity of that document. STATE OF CALIFORNIA COUNTY OF T ?'? V• On Oei. .f .2.a/...r ertvl Cd Date /� Name of Notary �" pact i ci/h ana ,� °dam s't�'i Name of signor(s) personally appeared before me, , a Notary Public, , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ,mare subscribed to the within instrument and acknowledged to me that bid/pia/they executed the same in h)s/bet/their authorized capacity(ies), and that by biS/i3srhtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: /// i , ,? GYUIN CHOP „ 1 COMM. 01985480 pal Notary Pobllomla SAN MEW COUNTY My Comm, Exp. A1iG 16, ZO16 REV 01/07/2015 RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING A UTILITY EASEMENT FROM SEVEN TWENTY SIX MS, LLC, FOR THE INSTALLATION AND MAINTENANCE OF TWO WATER PIPELINES TO PROVIDE POTABLE WATER AND FIRE SPRINKLER SERVICES TO 726 WEST 19TH STREET WHEREAS, the City of National City recently acquired the property located at 726 West 19th Street as part of the Public Works relocation project; and WHEREAS, improvements were required in order for the Public Works Department to use the building, including new potable water and fire sprinkler lines; and WHEREAS, in order to install the new lines from the water main on McKinley Avenue, the services will cross through the property located at 1920 McKinley Avenue; and WHEREAS, Seven Twenty Six MS, LLC, the owner of 1920 McKinley Avenue has provided a signed and notarized grant deed for the potable water and fire sprinkler service easement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts a Utility Easement from Seven Twenty Six MS, LLC, for the installation and maintenance of two water pipelines to provide potable water and fire sprinkler services to 726 West 19th Street. PASSED and ADOPTED this 1st day of March, 2016. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor CC/CDC-HA Agenda 3/1/2016 — Page 221 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 Subordination Agreement allowing a new mortgage that is not -to -exceed $192,000 to be and remain a lien prior and superior to a home purchase assistance loan on CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: :March 1, 2010 AGENDA ITEM NO. ITEM TITLE: ;Resolution of the City Council of the City of National City authorizing the Mayor to execute a Subordination Agreement allowing a new mortgage that is not -to -exceed $192,000 to be and remain a lien prior and superior to a home purchase assistance loan on a single -unit property located at 2918 E. Division Street in National City! Housing, Grants, & Asset PREPARED BY 1Carlos Aguirre, Community Dev. Mgr. DEPARTMENT: Management PHONE: (619) 336-4391 APPROVEI�BY: EXPLANATION lOn November 19, 2013, the City of National City ("City") made a loan for $40,000 from the HOME Partnerships Program to assist in the purchase of a single-family residence located at 2918 E. Division St. in National City. The City loan is a shared equity loan with an outstanding balance of $40,000. Martin and Isabel Vega ("Borrowers") are interested in refinancing the first mortgage loan on the property and have been approved for a new loan from MUFG Union Bank, N.A. ("Lender"). The Lender is requiring that the City execute the attached subordination agreement allowing the new loan to hold superior position to the City -issued loan. The City loan will maintain second lien position on the property. The purpose of the refinance is to reduce the interest rate paid to a fixed rate of 3.75% and there will be no cash proceeds to the Borrowers through the refinance. Staff has satisfactorily reviewed the combined loan -to -value, preliminary title report, new loan terms, and good faith estimate that outline the closing costs of the transaction. FINANCIAL STATEMENT: ACCOUNT NO. 1 N/A ENVIRONMENTAL REVIEW: NIP ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: STAFF RECOMMENDATION: k\dopt the Resolution BOARD / COMMISSION RECOMMENDATION: IN/A, Finance MIS ATTACHMENTS: 1. Subordination Agreement Attachment No. 1 RECORDING REQUESTED BY FIRST AMERICAN TITLE COMPANY AND W IEN RECORDED MAIL TO: CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 ATTN: HOUSING, GRANTS, & ASSET MANAGEMENT ORDER NO.: DCVE-5074470(12) SPACE ABOVE THIS LINE FOR RECORDER'S USE SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY I NTTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT. THIS AGREEMENT, made this 1" day of March, 2016 by Martin Vega and Isabel Veea, husband and wife as community property owners of the land hereinafter described and hereinafter referred to as "Owners", and the City of National City, a public body , corporate and politic as present owner and holder of the deed of trust and note first hereinafter described and hereinafter referred to as 'Beneficiary". WITNESSETH THAT WHEREAS, Owners has executed a deed of trust, dated November 19. 2013, to Lawyers Title Company as trustee, covering: LOT 7 OF PARK VIEW TERRACE, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2730, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 30, 1950. APN: 554-082-08-00 to secure a note in the sum of $40,000.00, dated November 19. 2013, in favor of The City of National City, a public body, corporation and politic, which deed of trust was recorded December 4, 2013, Official Records of said county; and WHEREAS, Owners has executed, or is about to execute, a deed of trust and note in the sum of $192,000.00 dated 2016, in favor of MUFG Union Bank. N.A., hereinafter referred to as "Lender", payable with interest and upon the terms and conditions described therein, which deed of trust is to be recorded concurrently herewith; and WHEREAS, it is a condition precedent to obtaining said loan that said deed of trust last above mentioned shall unconditionally be and remain at all times a lien or charge upon the land hereinbefore described, prior and superior to the lien or charge of the deed of trust first above mentioned; and WHEREAS, Lender is willing to make said loan provided the deed of trust securing the same is a lien or charge upon the above described property prior and superior to the lien or charge of the deed of trust first above mentioned and provided that Beneficiary will specifically and unconditionally subordinate the lien or charge of the deed of trust first above mentioned to the lien or charge of the deed of trust in favor or Lender; and Page 1 of 3 Casuborda Attachment No. 1 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF } SS: On before me, a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature FOR NOTARY SEAL OR STAMP A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF } SS: On before me, a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature FOR NOTARY SEAL OR STAMP Page 3 of 3 suborda RESOLUTION NO. 2016— RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SUBORDINATION AGREEMENT ALLOWING A NEW MORTGAGE THAT IS NOT -TO -EXCEED $192,000 TO BE AND REMAIN A LIEN PRIOR AND SUPERIOR TO A HOME PURCHASE ASSISTANCE LOAN ON A SINGLE -UNIT PROPERTY LOCATED AT 2918 EAST DIVISION STREET IN NATIONAL CITY WHEREAS, Martin and Isabel Vega ("Borrowers") are the owners of a single -unit property located at 2918 East Division Street in National City; and WHEREAS, in 2013 the City of National City made a loan for $40,000 from the HOME Investment Partnerships Program to assist in the purchase of the single -unit property; and WHEREAS, the Borrowers desire to refinance the existing first mortgage to reduce the interest rate to 3.75% with a new mortgage with a principal amount not -to -exceed $192,000 from MUFG Union Bank, N.A. ("Lender"); and WHEREAS, in order to provide the loan, the Lender requires the subordination of the Deed of Trust that secures the HOME funds. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Subordination Agreement and any other Escrow related documents, as necessary. After being recorded by the County of San Diego, a copy of the Subordination Agreement will be on file in the office of the City Clerk. PASSED and ADOPTED this 1st day of March, 2016. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor CC/CDC-HA Agenda 3/1/2016 — Page 226 The following page(s) contain the backup material for Agenda Item: Warrant Register #29 for the period of 01/13/16 through 01/19/16 in the amount of $2,107,138.58. (Finance) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 1, 2016 AGENDA ITEM NO. ITEM TITLE: Warrant Register #29 for the period of 01/13/16 through 01/19/16 in the amount of $2,107,138.58. (Finance) Pe PREPARED BY: K. Apalategui DEPARTMENT: PHONE: 1619-336-4572: APPROVED BY: F EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 01/13/16 through 01/19/16. Consistent with Department of Finance practice, listed below are al! payments above $50,000. Vendor Check/Wire Amount City of San Diego 321456 Just Construction Inc 321473 M A Stevens Construction 321478 Public Emp Ret System 1142016 57,463.00 91,981.10 397,137.58 352,660.35 Explanation Dispatch Services / Fire Paradise Valley Road Project Library Remodel / Eng Service Period 12/22/15 — 01/04/16 FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $2,107,138.58 APPROVED: `114 ,44 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 $2,107,138.58 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register #29 • 1/3 PAYEE ACE UNIFORMS & ACCESSORIES INC ASCAP ASSI SECURITY INC BACALLAO, M BALL KIA BEST BEST & KRIEGER ATTNY LAW CA ASSOCIATION OF CODE ENFORCEMENT CALIFORNIA COMMERCIAL SECURITY CALIFORNIA DIESEL COMPLIANCE CEB CHRISTENSEN & SPATH LLP CITY OF SAN DIEGO CITY OF TUSTIN CLEAN HARBORS COMMERCIAL AQUATIC SERVICE INC CPAG CONSTRUCTION PROJECT COUNTY OF SAN DIEGO DENTONS US LLP D-MAX ENGINEERING E2 MANAGE TECH INC EQUIFAX INFORMATION SVCS FELLOWS, M GEOSYNTEC CONSULTANTS INC GOLDEN WEST COLLEGE HUDSON SAFE T LITE RENTALS ICMA MEMBERSHIP RENEWALS IHS RADIOLOGY MEDICAL GROUP JONES, D JUST CONSTRUCTION INC KNOX ATTORNEY SERVICE INC LAWPOA LEDFORD ENTERPRISES INC LEFORTS SMALL ENGINE REPAIR M A STEVENS CONSTRUCTION INC MACHADO, R MACHADO, R MANNING & KASS MATTHEW BENDER & CO INC MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MEEKS, J MEEKS, J MEEKS, J MES CALIFORNIA MONOLOLO, M -441.Qt1#.•mac+ ..� WARRANT REGISTER #29 1«9;2016 DESCRIPTION B/W LTHR BELT CHAMBERS / NSD LICENSE FEE RATE SCHEDULE 2016 LABOR SERVICE / THINLINE CARD READER REIMB: DMV FORM FEE AND MEDICAL EXAM PARTS / AUTOMOTIVE REPAIR REGIONAL PERMIT PETITION PLANNING/ZONING TRAINING CITY WIDE ELECTRONIC DOOR REPAIRS OPACITY TESTING AND DPF CLEANING DEBT COLLECTION PRACTICE LEGAL / WESTSIDE TOD DISPATCH SERVICES / FIRE CALPACS PREMIER MEMBERSHIP 1 HR CONTRACT SERVICES / PW ON SITE POOL MAINTENANCE / PW LIABILITY CLAIM COSTS SHARE OF PC REVENUE - DEC 2015 LIABILITY CLAIM COSTS STORMWATER SERVICES 2020 HOOVER AVENUE PROJECT EQUIFAX SERVICES ED REIMBURSEMENT PARADISE CREEK PROJECT TUITION: SUPERVISORY COURSE / POLICE 28" REFLECTIVE CONES / PW MEMBERSHIP DUES 2016 / CITY MANAGER DEPT PRE -EMPLOYMENT PHYSICAL REPLACEMENT STALE CHECK PARADISE VALLEY ROAD PROJECT COURT FILING / CITY ATTORNEY TUITION: PROFESSIONAL TRAINING / POLICE PROFESSIONAL SERVICES / DEC 2015 HALF CARBURETOR / PW LIBRARY REMODEL / ENG SUBSISTENCE: LAWPOA TRAINING / PD REIMB: AWARDS CEREMONY LIABILITY CLAIM COSTS CA PARKERS LARMAC INDEX LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS REPLACEMENT STALE CHECK REPLACEMENT STALE CHECK REPLACEMENT STALE CHECK FD RESCUE SAW / FIRE EDUCATIONAL REIMBURSEMENT CHK NO DATE AMOUNT 321445 1/19/16 97.85 321446 1/19/16 669.00 321447 1/19/16 535.00 321448 1/19/16 100.00 321449 1/19/16 61.20 321450 1/19/16 3,980.50 321451 1/19/16 50.00 321452 1/19/16 6,221.65 321453 1/19/16 1,015.00 321454 1/19/16 237.91 321455 1/19/16 506.25 321456 1/19/16 57,463.00 321457 1/19/16 1,500.00 321458 1/19/16 431.00 321459 1/19/16 2,488.96 321460 1/19/16 22,609.63 321461 1/19/16 6,306.75 321462 1/19/16 18, 791.00 321463 1/19/16 8,437.25 321464 1/19/16 4,380.65 321465 1/19/16 51.40 321466 1/19/16 1,200.00 321467 1/19/16 7,239.36 321468 1/19/16 254.00 321469 1/19/16 981.00 321470 1/19/16 1,400.00 321471 1/19/16 1,982.00 321472 1/19/16 240.00 321473 1/19/16 91,981.10 321474 1/19/16 62.25 321475 1/19/16 125.00 321476 1119/16 4,000.00 321477 1/19/16 308.60 321478 1/19/16 397,137.58 321479 1/19/16 218.65 321480 1/19/16 64.41 321481 1/19/16 1,029.96 321482 1/19/16 273.70 321483 1/19/16 5,545.50 321484 1/19/16 1,721.00 321485 1/19/16 1,521.00 321486 1/19/16 813.52 321487 1/19/16 432.80 321488 1/19/16 323.20 321489 1/19/16 437.50 321490 1/19/16 48.36 321491 1/19/16 27.16 321492 1/19/16 4,212.84 321493 1/19/16 93.00 PAYEE NATIONAL CITY CHAMBER OF COMMERCE NATIONAL CITY CHAMBER OF COMMERCE NINYO & MOORE ORTIZ, J PACIFIC AUTO REPAIR PEASE JR, D PRO BUILD RAMIREZ, 0 ROGERS, P SAFDIE RABINES ARCHITECTS SAN DIEGO COUNTY SAN DIEGO COUNTY RECORDER OFFICE SAN DIEGO MIRAMAR COLLEGE SAN DIEGO UNION TRIBUNE SASI SDAPSD SDG&E SESAC INC SHEPHARD, S SMART SOURCE OF CALIFORNIA LLC SMITH, M SOSAMON, M SOUTHERN CALIFORNIA SOIL STAPLES ADVANTAGE SWEETWATER AUTHORITY THE ARC OF SAN DIEGO THE COUNSELING TEAM TURF STAR U S BANK U S HEALTHWORKS UNITED PARCEL SERVICE VALLEY POWER SYSTEMS INC VISION SERVICE PLAN VISTA PAINT WAXIE SANITARY SUPPLY USAA ASO Z A P MANUFACTURING INC ABLE PATROL & GUARD AMERICAN LIBRARY ASSOC BAKER & TAYLOR BRODART CO CALIFORNIA LIBRARY ASSOC MIDWEST TAPE PROLITERACY AMERICA SERRA COOPERATIVE LIB SYSTEM STAPLES ADVANTAGE TUMBLEWEED PRESS INC U S POSTMASTER WILLY'S ELECTRONIC SUPPLY WARRANT REGISTER #29 1/19/2016 DESCRIPTION COMMUNITY ENHANCEMENT NC TOURISM MARKETING - NOV 2015 AQUATIC CENTER WINDOW LIABILITY CLAIM COSTS SMOG CERTIFICATION/REPAIRS REPLACEMENT STALE CHECK MOP 45707 MISC SUPPLIES - NSD SUBSISTENCE: SUPERVISORY COURSE REFUND: HEALTH INS AQUATIC CENTER PROJECT MATERIAL FEES - EXTRADITION TRAINING / POLICE BUILDING RECORDS / HOUSING TUITION: TRAFFIC COLLISION INVESTIGATION LEGAL NOTICES ADVERTISING FLEXIBLE SPENDING DEC 2015/JAN 2016 TUITION: PUBLIC SAFETY DISPATCHERS COURSE/PD GAS & ELECTRIC UTILITES MUSIC PERFORMANCE LICENSE SUBSISTENCE: PEER SUPPORT MOP 63845 EDS COVER REPLACEMENT STALE CHECK ED REIMBURSEMENT 12TH ST AND D AVENUE PROJECT MOP 45704 OFFICE SUPPLIES - ENG WATER SERVICE UTILITIES LIABILITY CLAIM COSTS TUITION: PEER SUPPORT BLADE -ROTARY ATOMIC / PW CREDIT CARD EXPENSES - PD PRE -EMPLOYMENT PHYSICAL UPS SHIPMENT / FINANCE AUTOMOTIVE PARTS / PW VISION SERVICE PLAN (CA) JAN 2016 MOP 68834 PAINT - NSD JANITORIAL SUPPLIES-PW LIABILITY CLAIM COSTS STREET SIGNS / PW SECURITY GUARD SERVICE FOR THE LIBRARY MEMBERSHIP 2016 / LIBRARY BOOKS- LIBRARY BOOKS -LIBRARY INSTITUTIONAL MEMBERSHIP / LIBRARY BOOKS - LIBRARY ORGANIZATIONAL MEMBERSHIP / LIBRARY FY 2016 SERRA MEMBERSHIP DUES / LIBRARY MOP #45704 - SUPPLIES / LIBRARY RENEWAL SUBSCRIPTION / LIBRARY POSTAGE FOR OVERDUE NOTICES / LIBRARY MOP #45763 - SUPPLIES / LIBRARY 2/3 CHK NO DATE AMOUNT 321494 1/19/16 25,000.00 321495 1/19/16 23,330.92 321496 1/19/16 16,201.75 321497 1/19/16 2,487.15 321498 1/19/16 719.00 321499 1/19/16 140.00 321500 1/19/16 181.21 321501 1/19/16 1,280.00 321502 1/19/16 219.03 321503 1/19/16 9,695.05 321504 1/19/16 300.00 321505 1/19/16 12.00 321506 1/19/16 46.00 321507 1/19/16 2,418.00 321508 1/19/16 45.00 321509 1/19/16 200.00 321510 1/19/16 40,589.84 321511 1/19/16 1,230.00 321512 1/19/16 256.00 321513 1/19/16 43.60 321514 1/19/16 429.96 321515 1/19/16 505.00 321516 1/19/16 7,952.25 321517 1/19/16 309.61 321518 1/19/16 140.50 321519 1/19/16 178.00 321520 1/19/16 398.00 321521 1/19/16 274.54 321522 1/19/16 1,231.00 321523 1/19/16 425.00 321524 1/19/16 37.34 321525 1/19/16 4,156.65 321526 1/19/16 446.04 321527 1/19/16 1,053.56 321528 1/19/16 1,907.32 321529 1/19/16 1,539.86 321530 1/19/16 8,626.89 321531 1/19/16 1,890.50 321532 1/19/16 104.00 321533 1/19/16 119.86 321534 1/19/16 14.63 321535 1/19/16 765.00 321536 1/19/16 411.02 321537 1/19/16 159.00 321538 1/19/16 2,170.00 321539 1/19/16 28.97 321540 1/19/16 798.40 321541 1/19/16 98.00 321542 1/19/16 18.52 3/3 / :,c1F O,,Pt4, WARRANT REGISTER #29 1/19/2016 PAYEE DESCRIPTION CHK NO DATE AMOUNT SOUTH BAY FENCE INC FENCE INSTALLATION - 500 EA PLAZA / S A 321543 1/19/16 3,000.00 A/P Total 823,191.46 WIRED PAYMENTS PUBLIC EMP RETIREMENT SYSTEM SERVICE PERIOD 12/22/15 - 01/04/16 1142016 1/14/16 352,660.35 SECTION 8 HAPS Start Date End Date 1/13/2016 1/19/2016 17,035.52 PAYROLL Pay period Start Date End Date Check Date 2 1/5/2016 1/18/2016 1/27/2016 914,251.25 GRAND TOTAL $2,107,138.58 Certification IN 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. if/ ER 4 MARK ROBERTS, 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 1"OF MARCH, 2016. AYES NAYS ABSENT CC/CDC-HA Agenda 3/1/2016 — Page 232 The following page(s) contain the backup material for Agenda Item: Warrant Register #30 for the period of 01/20/16 through 01/26/16 in the amount of $521,082.18. (Finance) C1TY OF NATIONAL C1TY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 1, 2016 AGENDA ITEM NO. ITEM TITLE_ Warrant Register #30 for the period of 01/20/16 through 01/26/16 in the amount of $521,082.18. (Finance) PREPARED BY: K. Apalategu'i PHONE: 619-336-4572 DEPARTMENT: Finc APPROVED BY: ' EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 01/20/16 through 01/26/16. Consistent with Department of Finance practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation BSE Engineering, Inc 321554 51,897.71 N.C. Police Station Upgrade Western Rim Constructors 321634 233,741.39 El Toyon and Kimball Projects FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $521,082.18 APPROVED: `-'12G'f Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: STAFF RECOMMENDATION: :Ratification of warrants in the amount of $521,082.18 BOARD 1 COMMISSION RECOMMENDATION: N/A FINAL ADOPT!ON: ATTACHMENTS: Warrant Register #30 PAYEE ACME SAFETY & SUPPLY CORP AIRGAS WEST ALDEMCO ALL FRESH PRODUCTS AT&T AT&T AT&T AT&T MOBILITY AUSTIN DOORS BOOT WORLD BSE ENGINEERING, INC. CARTEGRAPH SYSTEMS, INC. CITY OF SACRAMENTO CLF WAREHOUSE COMMERCIAL AQUATIC SERVICE INC COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COX COMMUNICATIONS CULLIGAN CWEA RENEWAL DAY WIRELESS SYSTEMS DEPARTMENT OF JUSTICE DFM ASSOCIATES DIAMOND ENVIRONMENTAL SVCS D-MAX ENGINEERING DOKKEN ENGINEERING DURON, C ECOLAB EHS LABORATORIES ESGIL CORPORATION FASTSIGNS FERGUSON ENTERPRISES INC LABO CRICK, F GEOSYNTEC CONSULTANTS INC DIKHO, G GRAINGER GTC SYSTEMS INC HEALTH NET INNOVATIVE CONSTRUCTION IRON MOUNTAIN JJJ ENTERPRISES JUAREZ, R KNOX ATTORNEY SERVICE INC KOFF & ASSOCIATES KONE KONICA MINOLTA LASER SAVER INC LOPEZ, T LUCAS, M WARRANT REGISTER #30 1/26/2016 DESCRIPTION BOOTS/RAIN JACKETS / PW MOP 45714. SUPPLIES FOR PARKS DEPT CONSUMABLES- NUTRITION CENTER CONSUMABLES- NUTRITION CENTER PHONE SERVICES / 12/01/15 -12/31/15 PHONE SERVICES / 1/13/16 - 2/12/16 PHONE SERVICES / 1/13/16 - 2/12/16 WIRELESS SERVICE / 12/06/15 - 01/05/16 CITY WIDE ROLL UP DOOR SERVICES MOP#64096 WORKING APPAREL N.C. POLICE STATION UPGRADE PERMIT LICENSE/TRACKING / MIS TUITION: COMMUNICATIONS TRAINING 1 POLICE 321556 RUBBER CHEVRON FLAP 321557 CITY WIDE PUMP, MOTOR & ELECTRICAL REPAIRS 321558 MAIL PROCESSING SERVICES / OCT 2015 321559 SAND BAGS 321560 INTERNET SERVICE / JAN 2016 WATER SOFTNER - NUTRITION CENTER MEMBERSHIP RENEWAL / PW COMPANY MAINTENANCE / FIRE / JUL-OCT NEW EMP FINGERPRINT - NOV 2015 CA ELECTIONS CODE 2016 REMOVAL OF HAZMAT / PW PROP. 84 "A" AVE PROJECT PLAZA BLVD PROJECT ED REIMBURSEMENT SUPPLIES FOR DISHWASHER / NUTRITION ENVIRONMENTAL TESTING PLAN CHECK SERVICES / FIRE DEPARTMENT COLOR SIGN / PW MOP#45723 SUPPLIES / PW REFUND / SECTION 8 OVERPAYMENT PARADISE CREEK PROJECT REFUND / SEC 8 RETURNED CHECK FEE MOP#65179 SUPPLIES / PW NETWORK ENGINEERING SERVICES INS RETIREE - 57135J DEC 2015 KIMBALL PARK IMP. PROJECT RECORDS/DOCUMENT STORAGE CITY WIDE FIRE AND SECURITY ALARM LIABILITY CLAIM COSTS PROFESSIONAL SERVICE MEA COMPENSATION STUDY - HR CITY WIDE ELEVATOR MAINTENANCE COPIER EQUIPMENT LEASE MOP 45725 INK CARTRIDGES - FIRE TRANSLATION SERVICES / CITY CLERK DEPT REIMB: STRIKE TEAM 1 FIRE 1/3 CHK NO DATE AMOUNT 321544 1/26/16 419.65 321545 1/26/16 330.86 321546 1/26/16 6,163.54 321547 1/26/16 1,654.06 321548 1/26/16 357.32 321549 1/26/16 147.46 321550 1/26/16 44.36 321551 1/26/16 2,261.05 321552 1/26/16 8,133.94 321553 1/26/16 329.09 321554 1/26/16 51,897.71 321555 1/26/16 1,775.13 1/26/16 160.00 1/26/16 103.76 1/26/16 41.11 1/26/16 2,060.20 1/26/16 800.00 321561 1/26/16 3,549.65 321562 1/26/16 210.50 321563 1/26/16 164.00 321564 1/26/16 5,906.25 321565 1/26/16 1,154.00 321566 1/26/16 53.75 321567 1/26/16 636.05 321568 1/26/16 2,784.85 321569 1/26/16 4,215.63 321570 1/26/16 150.00 321571 1/26/16 236.07 321572 1/26/16 18.00 321573 1/26/16 1,800.00 321574 1/26/16 152.70 321575 1/26/16 334.97 321576 1/26/16 633.00 321577 1/26/16 4,528.92 321578 1/26/16 38.00 321579 1/26/16 886.65 321580 1/26/16 9,262.50 321581 1/26/16 944.30 321582 1/26/16 41,868.25 321583 1/26/16 157.00 321584 1/26/16 210.00 321585 1/26/16 349.00 321586 1/26/16 165.00 321587 1/26/16 5,520.00 321588 1/26/16 3,195.00 321589 1/26/16 7,203.45 321590 1/26/16 174.29 321591 1/26/16 140.00 321592 1/26/16 303.87 PAYEE MATTHEW BENDER & CO INC MUNICIPAL CODE CORPORATION NATIONAL CREDIT REPORTING OLIVER PACKAGING O'REILLY AUTO PARTS ORKIN PACIFIC AUTO REPAIR PENSKE FORD POWERSTRIDE BATTERY CO INC PRO BUILD PRO -EDGE KNIFE PRUDENTIAL OVERALL SUPPLY R J SAFETY SUPPLY RCP BLOCK & BRICK INC ROBINSON, S ROJAS, J SAFRAN MORPHOTRUST SAN DIEGO FRICTION PRODUCTS SANCHEZ, E SDG&E SEALMASTER OF SOUTHERN CA SMART & FINAL SMITH, M SOUTH COAST EMERGENCY SPOK INC STAPLES ADVANTAGE SUPERIOR READY MIX SWEETWATER AUTHORITY SYSCO SAN DIEGO INC T MAN TRAFFIC SUPPLY THE HOME DEPOT CREDIT SERVICES THE LIGHTHOUSE INC THOMSON REUTERS WEST U S BANK U S HEALTHWORKS UNDERGROUND SERVICE ALERT UNITED PARCEL SERVICE VALLEY INDUSTRIAL SPECIALTIES VERIZON WIRELESS WAXIE SANITARY SUPPLY WEST COAST ARBORISTS, INC. WESTERN RIM CONSTRUCTORS INC WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY CHRISTENSEN & SPATH LLP NBS POWER PLUS SWEETWATER AUTHORITY WARRANT REGISTER #30 1/26/2016 DESCRIPTION LAW BOOKS UPDATES / CITY ATTORNEY ELECTRONIC UPDATE PAGES CREDIT REPORTING FOR S8 PACKAGING FOR HOME DELIVERY / NUTRITION MOP#75877 AUTO SUPPLIES CITY WIDE PEST MAINTENANCE MOP#72448 AUTO EQUIPMENT MOP#49078 AUTO PARTS MOP#67839 AUTO PARTS MOP#45707 SUPPLIES KNIFE SHARPENING SVCS - NUTRITION MOP#45742 LAUNDRY SERVICES ORANGE LONG SLEEVE SWEATSHIRTS / PW MASONRY SAND / PW REIMB: STRIKE TEAM / FIRE REFUND FOR SECTION 8 RETURNED CHECK FEE NEW EMP FINGERPRINT TEST/NOV 2015 PINS / PW REIMB: RED HELMET TRAINING / FIRE GAS & ELECTRIC UTILITIES MASTER SEAL MTR BULK MOP 45756 MISC SUPPLIES - COMM SVC ED REIMBURSEMENT AIR VALVE PUMP METROCALL PAGING / DEC 2015 MOP#45704 OFFICE SUPPLIES / NSD COLD MIX ASPHALTS / TACK OIL WATER SERVICE UTILITIES CONSUMABLES/FOOD - NUTRITION MOP#76666 TRAFFIC SUPPLIES POINSETTIA/KITCHEN FAUCET/ PW MOP#45726 AUTO PARTS ON-LINE LEGAL RESEARCH / DEC 2015 CREDIT CARD EXPENSES - CITY ATTORNEY VACCINE / HR UNDERGROUND SERVICE ALERT UPS SHIPMENT / POLICE MOP#46453 MATERIALS / PW CELLULAR SERVICE / 12/05/15 - 01/04/2016 JANITORIAL SUPPLIES-PW CONTRACTING SERVICES FOR TREE TRIMMING / PV 321633 EL TOYON AND KIMBALL PROJECTS MOP#45763 SUPPLIES / PW MOP 45763. ELECTRICAL SUPPLIES / MIS LEGAL / MORGAN SQUARE / S A LANDSCAPE MAINTENANCE DISTRICT / S A EQUIPMENT RENTAL / S A WATER UTILITIES / S A 2/3 CHK NO DATE AMOUNT 321593 1/26/16 1,255.52 321594 1/26/16 137.09 321595 1/26/16 7.90 321596 1/26/16 1,608.00 321597 1/26/16 854.30 321598 1/26/16 416.50 321599 1/26/16 220.00 321600 1/26/16 352.95 321601 1/26/16 145.08 321602 1/26/16 1,004.03 321603 1/26/16 277.36 321604 1/26/16 528.67 321605 1/26/16 177.13 321606 1/26/16 1,487.65 321607 1/26/16 52.00 321608 1/26/16 12.00 321609 1/26/16 66.00 321610 1/26/16 1,246.94 321611 1/26/16 194.45 321612 1/26/16 33,342.52 321613 1/26/16 55.35 321614 1/26/16 51.34 321615 1/26/16 133.00 321616 1/26/16 93.58 321617 1/26/16 654.73 321618 1/26/16 1,243.78 321619 1/26/16 414.72 321620 1/26/16 5,361.46 321621 1/26/16 4,384.48 321622 1/26/16 475.51 321623 1/26/16 262.70 321624 1/26/16 11.06 321625 1/26/16 806.20 321626 1/26/16 86.00 321627 1/26/16 94.00 321628 1/26/16 154.50 321629 1/26/16 478.25 321630 1/26/16 1,005.53 321631 1/26/16 917.44 321632 1/26/16 2,019.63 1/26/16 12,696.75 321634 1/26/16 233,741.39 321635 1/26/16 47.52 321636 1/26/16 146.17 321637 1/26/16 840.00 321638 1/26/16 844.19 321639 1/26/16 195.00 321640 1126/16 155.92 A/P Total 484,381.18 PAYEE WIRED PAYMENTS THE BANK OF NEW YORK MELLON WARRANT REGISTER #30 1/26/2016 DESCRIPTION HUD - SECTION 108 LOAN PAYMENT 3/3 CHK NO DATE AMOUNT 584832 1/20/16 36,701.00 GRAND TOTAL $ 621,082.18 Certification IN 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. MARK ROBERI S, FINANCE LESLIE DEESE, CITY MANAGER F TANCE 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 1st OF MARCH, 2016. AYES NAYS ABSENT CC/CDC-HA Agenda 3/1/2016 — Page 238 The following page(s) contain the backup material for Agenda Item: Warrant Register #31 for the period of 01/27/16 through 02/02/16 in the amount of $2,774,892.16. (Finance) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 1, 2016 AGENDA ITEM NO. ITEM TITLE: ;Warrant Register #31 for the period of 01/27/16 through 02/02/16 in the amount of $2,774,892.16. (Finance) PREPARED BY: 1K. Apaiategui DEPARTMENT: FPnanc PHONE: ,819-336-45721 APPROVED BY: 141 EXPLANATIC r !Per Government Section Code 37208, attached are the warrants issued for the period of 01/27/16 through 02/02/16. Consistent with Department of Finance practice, listed below are all payments above $50,000. Vendor Health Net Inc Kaiser Foundation H P Mossy Nissan Tristar Risk Management Union Bank of California Public Emp Ret System Check/Wire 321685 321690 321703 527289 528891 1292016 FINANCIAL STATEMF ACCOUNT No, Reimbursement total $2,774,892.16 Amount 68,494.69 189,800.47 73,296.34 54,334.32 62,724.37 358,405.17 Explanation Insurance R1192A Feb 2016 Insurance Active — Feb 2016 Nissan Vehicle Purchase for FY16 December 2015 WC Replenishment National City 2015 GO Bonds Service Period 01/05/16 —1 /018/16 APPROVED: L 1. Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: 1Ratffic'4tion of wan -ants ian the amount of $2,774,.892 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register #31 PAYEE STATE OF CALIFORNIA GOVERNMENT FINANCE OFF!CERS ASSOC COMMERCIAL AQUATIC SERVICE INC 1903 SOLUTIONS LLC ACCO ENGINEERED SYSTEMS INC ACE UNIFORMS & ACCESSORIES INC AFLAC AIRGAS WEST AMEDEE, W BEST BEST & KRIEGER ATTNY LAW BLUE VIOLET NETWORKS BOOT WORLD BPI PLUMBING CAPF CALIFORNIA LAW ENFORCEMENT CALIFORNIA POLICE CHIEFS ASSOC CALIFORNIA TRAINING INSTITUTE CAMBR!DGE SECURITY SVCS CORP CEB COMMERCIAL AQUATIC SERVICE INC COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO CPAG CONSTRUCTION PROJECT DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DANIELS TIRE SERVICE DELTA DENTAL DELTA DENTAL DELTA DENTAL INSURANCE CO DISCOUNT SPECIALTY CHEMICALS ❑IZINNO, T EQUIFAX INFORMATION SVCS FBINAA FEDEX FREIGHT GOVERNMENTJOBS COM INC GRAINGER HARRIS & ASSOCIATES HEALTH NET HEALTH NET HEALTH NET HEALTH NET HEALTH NET INC HERNANDEZ, R HONEYWELL INTERNATIONAL INC HUDSON SAFE T LITE RENTALS JUDD ELECTRIC WARRANT REGISTER #31 2/2/2016 DESCRIPTION SALES TAX LIABILITY / OCT - DEC 2015 FY2015 GFOA POPULAR ANNUAL FINANCIAL CHEMICAL SUPPLIES FOR POOL I PW SEP LX TRANSCEIVER MODULE TRANSCEIVER KIMBALL TOWER BOILER PROJECT BADGE PATCH / POLICE ACCT BDM36 - FEBRUARY 2016 MOP#45714 WEARING APPAREL REIMB: FITNESS CENTER SUPPLIES LEGAL / PERSONNEL ISSUES REMOTE CAMERA CONFIGURATION / MIS MOP 64096 SAFETY BOOTS CITY WIDE PLUMBING SERVICE AND REPAIRS FIRE LTD FEBRUARY 2016 PD LTD FEBRUARY 2016 TUITION: 2016 ANNUAL TRAINING TUITION: FORCE ENCOUNTERS ANALYSIS FIRE WATCH SECURITY OFFICER CA TORT DAMAGES CHEMICAL SUPPLIES FOR POOL / PW MAIL PROCESSING SERVICES PUBLIC HEARING NOTICING LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS MOP#76986 TIRES DENTAL INS PREMIER - FEB 2016 COBRA DENTAL INS - DEC 2015 PM! DENTAL INS - FEB 2016 GRAFFITI REMOVAL / STREETS SUBSISTENCE: 47TH ANNUAL CHIA / PD EQUIFAX SERVICES FOR 58 MEMBERSHIP RENEWAL / POLICE FREIGHT FEE / POLICE JOB POSTING SUBSCRIPT!ON / M!S MOP#65179 SUPPLIES / PW NORTON SUBD PROJECT FULL NETWORK 57135A - FEB 2016 HEALTH NET R1192Q - DEC 2015 INSURANCE N5992A - FEB 2016 INS RETIREE - N5992F FEB 2016 INSURANCE R1192A - FEB 2016 RETIREE HEALTH BENEFITS - FEB 2016 M&V SERVICES FROM 2/01/16 - 01/31/2017 28" REFLECTIVE CONES / PW CITY WIDE ELECTRICAL REPAIRS 1/4 CHI: NO DATE AMOUNT 321641 1/28/16 2,742.00 321642 1/28/16 225.00 321643 2/1/16 12,292.01 321644 2/2/16 182.40 321645 2/2/16 43,379.10 321646 2/2/16 751.79 321647 2/2/16 674.46 321648 2/2/16 246.16 321649 2/2/16 200.42 321650 2/2/16 193.10 321651 2/2/16 320.00 321652 2/2/16 366.23 321653 2/2/16 264.22 321654 2/2/16 780.00 321655 2/2/16 2,033.50 321656 2/2/16 675.00 321657 2/2/16 277.00 321658 2/2/16 954.00 321659 2/2/16 160.15 321660 2/2/16 2,656.23 321661 2/2/16 1,891.23 321662 2/2/16 905.40 321663 2/2/16 4,310.63 321664 2/2/16 10,848.13 321665 2/2/16 4,468.34 321666 2/2/16 1,286.32 321667 2/2/16 1,278.88 321668 2J2/15 874.91 321669 2/2/16 860.92 321670 2/2/16 14,983.65 321671 2/2/16 325.67 321672 2/2/16 2,832.06 321673 2/2/16 494.00 321674 2/2/16 512.00 321675 2/2/ 16 50.70 321676 2/2/16 100.00 321677 2/2/16 112.00 321678 2/2/16 1,250.00 321679 2/2/16 334.85 321680 2/2/16 2,731.25 321681 2/2/16 5,334.29 321682 2/2/16 1,726.35 321683 2/2/16 1,086.90 321684 2/2/16 651.54 321685 2/2/16 68,494.69 321686 2/2/16 400.00 321687 2/2/16 11,154.89 321688 2/2/16 457.80 321689 2/2/16 1,000.00 PAYEE KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KNOX ATTORNEY SERVICE INC KREPPS, B LASER SAVER INC LEAGUE OF CALIFORNIA CITIES LEFORTS SMALL ENGINE REPAIR MAN K9 INC MCKAY, N MDG ASSOCIATES INC MEYERS NAVE MOSSY NISSAN NATIONAL CITY TROPHY OMC CONSTRUCTION ORANGE COUNTY SHERIFF'S DEPT OREILLY AUTO PARTS PACIFIC AUTO REPAIR PLANETBIDS INC POWERSTRIDE BATTERY CO INC PRO BUILD PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY REGIONAL TRAINING CENTER REGIONAL TRAINING CENTER RELIANCE STANDARD S D UNIFIED PORT DISTRICT SAN DIEGO BMW MOTORCYCLES SAN DIEGO GAS & ELECTRIC SAN DIEGO PET SUPPLY SAN DIEGO UNION TRIBUNE SDG&E SHRED IT USA SIRCHIE FINGER PRINT SITEONE LANDSCAPE SUPPLY LLC SNAP ON INDUSTRIAL SOUTH BAY MOTORSPORTS SOUTH BAY WINDOW & GLASS CO SOUTHERN CALIF TRUCK STOP SOUTHWEST SIGNAL SERVICE STAPLES ADVANTAGE STARK MFG CO STC TRAFFIC INC SWEETWATER AUTHORITY SWRCB SWRCB TARGETSOLUTIONS LEARNING TELLEZ, J WARRANT REGISTER #31 2/2/701S DESCRIPTION INSURANCE ACTIVE - FEB 2016 RETIREES INS - FEB 2016 H S A INS FEB 2016/GGRP #104220-0005 RETIREES INS/COBRA - DEC 2015 LEGAL / ATTORNEY SERVICE ED REIMBURSEMENT MOP 45725 INK CARTRIDGE - PD MEMBERSHIP RENEWAL FY 2016 OIL / PW K9 MONTHLY MAINTENANCE TRAINING HCV FINANCIAL MB REVISION / SEC 8 TRAINING COURSE HUD IDIS / HOUSING LABOR RELATIONS/NEG SVC NISSAN VEHICLE PURCHASES FOR FY16 MOP 66556 NAME BADGE REFUND DEPOSIT #90118; 2413 MELROSE ST TUITION: FIELD TRAINING OFFICER UPDATE MOP#75877 AUTO SUPPLIES SMOG CERTIFICATION/REPAIRS PLANETBIDS ANNUAL SUBSCRIPTION / MIS MOP#67839 AUTO SUPPLIES MOP#45707 MATERIALS / PW LIABILITY CLAIM COSTS MOP#45742 LAUNDRY SERVICES TUITION: SUPERVISORY ACADEMY / NAGLE TUITION: SUPERVISOR'S ACADEMY / WAL T ERS VOLUNTARY LIFE INS - FEB 2016 SAN DIEGO BAY WATERSHED AUTOMOTIVE PARTS / PW GAS & ELECTRIC - NUTRITON CENTER MOP 45753 K-9 FOOD - PD CLASSIFIED LISTING - PLAZA BLVD GAS & ELECTRIC IITII ITIFS MONTHLY SVC - DEC 2015/JAN 2016 CGDCAL. CALIBRATION SERVICE / FIRE MOP#69277 HORTICULTURAL ITEMS PW MODULAR SHELVING PROJECT R & M CITY VEHICLES / PW CITY WIDE WINDOW PURCHASE / PW MOP#45758 OIL / PW INTERSECTION MAINTENANCE / PW MOP 45704 OFFICE SUPPLIES - ENG REPAIR BREATHING APPARATUS STRAPS/FIRE DEPOSIT #1724 - TROLLEY STATIONS DOWNTOWN-WESTSIDE COMMUNITY CONNECTION GENERAL PERMIT 63 / LOWER PARADISE CREEK GENERAL PERMIT 63 / UPPER PARADISE CREEK TARGET SOLUTIONS PREMIER ONLINE SUBSISTENCE: 2016 ANNUAL TRAINING 2/4 CHK NO DATE AMOUNT 321690 2/2/16 189,800.47 321691 2/2/16 8,560.03 321692 2/2/16 4,810.05 321693 2/2/16 509.71 321694 2/2/16 62.25 321695 2/2/16 630.00 321696 212/16 632.30 321697 2/2/16 16,776.00 321698 2/2/16 170.45 321699 2/2/16 1,170.00 321700 2/2/16 224.00 321701 2/2/16 450.00 321702 2/2/16 14,058.00 321703 2/2/16 73,296.34 321704 2/2/16 60.51 321705 2/2J16 358.48 321706 2/2/16 55.00 321707 2/2/16 225.69 321708 2/2/16 981.24 321709 2/2/16 3,991.25 321710 2/2/16 129.73 321711 2/2/16 3,734.21 321712 2/2/16 18,129.00 321713 2/2/16 811.34 321714 2/2/16 1,100.00 321715 2/2/16 550.00 321716 2/2/16 3,109.54 321717 2/2/16 899.00 321718 2/2/16 317.79 321719 2/2/16 1,806.61 321720 2/2/16 318.93 321721 2/2/16 1,885.20 321722 2/2/16 4,114.24 321723 2/2/16 92.95 321724 2/2/16 174.35 321725 2/2/16 53.13 321726 2/2/16 135.09 321727 2/2/16 226.77 321728 2/2/16 2,046.40 321729 2/2/16 217.69 321730 2/2/16 9,183.45 321731 2/2/16 2,405.57 321732 2/2/16 60.00 321733 2/2/16 1,690.00 321734 2/2/16 12,705.00 321735 2/2/16 200.00 321736 2/2/16 200.00 321737 2/2/16 3,795.00 321738 2J7J16 440.21 PAYEE THE CENTRE FOR ORGANIZATION THE COUNSELING TEAM THE LIGHTHOUSE INC THE LINCOLN NATIONAL LIFE INS THOMSON REUTERS BARCLAYS TOM MOYNAHAN TOPECO PRODUCTS U S BANK UNITED ROTARY BRUSH CORP VALLEY INDUSTRIAL SPECIALTIES VCA MAIN ST ANIMAL HOSPITAL VULCAN MATERIALS COMPANY VULCAN MATERIALS COMPANY WILLY'S ELECTRONIC SUPPLY YOUNG, G YOUNG, G SDG&E TREASURER COUNTY OF S D ACEDO, I ANDERSON, E BEARD, P BECK, L BISHOP, R BOEGLER, C BOYL) JR, P CARRILLO, R COLE, L CONDON, 17 CORPUZ, T DANESHFAR, Z DESROCHERS, P DI CERCHIO, A DILLARD, S DREDGE, J EISER III, G FABINSKI, D FEDEX GELSKEY, K GIBBS JR, R GONZALES, M HANSON, E HARLAN, M HAUG, S HODGES,B HONDO, E JAMES, R JUNIEL, R KIMBLE, R LANDA, A WARRANT REGISTER #31 2/2/2016 DESCRIPTION ORGANIZATION DEVELOPMENT SVCS MONTHLY SVC - JULY 2015 MOP#45726 AUTO PARTS LIFE & AD&D, STD, LTD INS/FEB 2016 SUBSCRIPTION RENEWAL / FIRE MOP#45734 AUTO EQUIPMENT MOP#63849 AUTO PARTS CREDIT CARD EXPENSES - PD MOP#62683 AUTO PARTS MOP#46453 SUPPLIES K9 VET CARE / POLICE 3/41N CL 2 BASE ASPHALT / PW 3" CR ASPHALT / PW MOP#45763 SUPPLIES / PW SUBSISTENCE: INTERNAL AFFAIRS / PD SUBSISTENCE: OFFICER INVOLVED SHOOTING / PD GAS AND ELECTRIC UTILITIES / S A POSSESSORY TAX / S A RETIREE HEALTH BENEFITS / FEB 2016 RETIREE HEALTH BENEFITS / FEB 2016 RETIREE HEALTH BENEFITS / FEB 2016 RETIREE HEALTH BENEFITS / FEB 2016 RETIREE HEALTH BENEFITS / FEB 2016 RETIREE HEALTH BENEFITS / FEB 2016 RETIREE HEALTH BENEFITS / FEB 2016 RETIREE HEALTH BENEFITS / FEB 2016 Kl=1 TREE HEALTH BENEFITS / FEB 2016 RETIREE HEALTH BENEFITS / FFR 2016 RETIREE HEALTH BENEFITS / FEB 2016 RETIREE HEALTH BENEFITS / FEB 2016 RETIREE HEALTH BENEFITS / FFR 201R RETIREE HEALTH BENEFITS / FEB 2016 RETIREE HFALTH BENEFITS / FEB 7016 RETIREE HEALTH BENEFITS / FEB 2016 RETIREE HEALTH BENEFITS / FEB 2016 RETIREE HEALTH BENEFITS / FEB 2016 SHIPPING CHARGES / HR RETIREE HEALTH BENEFITS / FEB 2016 RETIREE HEALTH BENEFITS / FEB 2016 RETIREE HEALTH BENEFITS / FEB 2016 RETIREE HEALTH BENEFITS / FEB 2016 RETIREE HEALTH BENEFITS / FEB 2016 RETIREE HEALTH BENEFITS / FEB 2016 RETIREE HEALTH BENEFITS / FEB 2016 RETIREE HEALTH BENEFITS / FEB 2016 RETIREE HEALTH BENEFITS / FEB 2016 RETIREE HEALTH BENEFITS / FEB 2016 RETIREE HEALTH BENEFITS / FEB 2016 RETIREE HEALTH BENEFITS / FEB 2016 3/4 CHK NO DATE AMOUNT 321739 2/2/16 3,075.60 321740 2/2/16 1,600.00 321741 2/2/16 53.85 321742 2/2/16 9,439.62 321743 2/2/16 290.00 321744 2/2/16 bU.U0 321745 2/2/16 154,02 321746 2/2/16 455.59 321747 2/2/16 886.55 321748 2/2/16 313.20 321749 2/2/16 109.53 321750 2/2/16 562.90 321751 2/2/16 350.42 321752 2/2/16 38.26 321753 2/2/16 384.00 321754 2/2/16 384.00 321755 2/2/16 136.90 321756 2/2/16 149.33 321757 2/2/16 160.00 321758 2/2/16 110.00 321759 2/2/16 70.00 321760 2/2/16 140.00 321761 2/2/16 110.00 321762 2/2/16 260.00 321763 2/2/16 145.00 321764 2/2/16 290.00 321765 2/2/16 165.00 321766 2/7/16 280.00 321767 2/2/16 140.00 321768 2/2/16 250.00 321769 2/2/16 110.00 321770 2/2/16 70.00 321771 2/2/16 480.00 321772 2/2/16 250.00 321773 2/2/16 250.00 321774 2/2/16 220.00 321775 2/2/16 18.96 321776 2/2/16 115.00 321777 2/2/16 120.00 321778 2/2/16 480.00 321779 2/2/16 135.00 321780 2/2/16 500.00 321781 2/2/16 120.00 321782 2/2/16 200.00 321783 2/2/16 110.00 321784 2/2/16 140.00 321785 2/2/16 50.00 321786 2/2i16 300.00 321787 2/2/16 155.00 4/4 WARRANT REGISTER #31 2/2/2016 PAYEE DESCRIPTION CHK NO DATE AMOUNT LIMFUECO, M RETIREE HEALTH BENEFITS / FEB 2016 321788 2/2/16 160.00 MA T IENZO, M RETIREE HEALTH BENEFITS / FEB 2016 321789 2/2/16 100.00 MC CABE, T RETIREE HEALTH BENEFITS / FEB 2016 321790 2/2/16 280.00 MEDINA, R RETIREE HEALTH BENEFITS / FEB 2016 321791 2/2/16 105.00 MEGLA MANUFACTURING INC SAND BAG HOPPER MODIFICATION / PW 321792 2/2/16 3,690.00 MINER, D RETIREE HEALTH BENEFITS 1 FEB 2016 321793 2/2/16 580.00 MYERS, B RETIREE HEALTH BENEFITS / FEB 2016 321794 2/2/16 140.00 NATIONAL CITY GOLF COURSE URBAN CORPS 1 CREEK CLEANUP / ENG 321795 2/2/16 24,769.50 NOTEWARE, L7 RETIREE HEALTH BENEFITS / FEB 2016 321796 2/2/16 120.00 PAUU JR, P RETIREE HEALTH BENEFITS / FEB 2016 321797 2/2/16 340.00 PEASE JR, D RETIREE HEALTH BENEFITS / FEB 2016 321798 2/2/16 140.00 PETERS, S RETIREE HEALTH BENEFITS / FEB 2016 321799 2/2/16 290.00 POST, R RETIREE HEALTH BENEFITS / FEB 2016 321800 2/2/16 280.00 RAY, S RETIREE HEALTH BENEFITS / FEB 2016 321801 2/2/16 190.00 ROARK, L RETIREE HEALTH BENEFITS / FEB 2016 321802 2/2/16 135.00 ROE, V RETIREE HEALTH BENEFITS / FEB 2016 321803 2/2/16 120.00 RUIZ, J RETIREE HEALTH BENEFITS / FEB 2016 321804 2/2/16 310.00 SERVATIUS, J RETIREE HEALTH BENEFITS / FEB 2016 321805 2/2116 340.00 SHORT, C RETIREE HEALTH BENEFITS / FEB 2016 321806 2/2/16 300.00 SMITH, J RETIREE HEALTH BENEFITS / FEB 2016 321807 2/2/16 320.00 STRASEN, W RETIREE HEALTH BENEFITS / FEB 2016 321808 2/2/16 135.00 TIPTON, B RETIREE HEALTH BENEFITS / FEB 2016 321809 2/2/16 250.00 VERRY, L RETIREE HEALTH BENEFITS / FEB 2016 321810 2/2/16 280.00 VILLAGOMEZ, J RETIREE HEALTH BENEFITS / FEB 2016 321811 2/2/16 480.00 WHITE, J RETIREE HEALTH BENEFITS / FEB 2016 321812 2/2/16 230.00 ZENGOTA, V RETIREE HEALTH BENEFITS / FEB 2016 321813 2/2/16 300.00 WIRED PAYMENTS TRISTAR RISK MANAGEMENT UNION BANK OF CALIFORNIA PUBLIC EMP RETIREMENT SYSTEM SECTION 8 HAPS PAYROLL Paw period 3 DECEMBER 2015 WC REPLENISHMENT NATIONAL CITY 2012 GO BONDS SERVICE PERIOD f1/05/16 - 01/18/16 Start Date End Date 1/27/2016 2/2/2016 Start Date End Date Check Date 1/19/2016 2/1/2016 2/10/2016 AMP Total 656,274.77 527289 1/28/16 54,334.32 528891 1/28/16 62,724.37 1292016 1/29/16 358,405.17 765,704.65 877,443.88 GRAND TOTAL $2,774,892.16 Certification IN 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. MARK ROBERTS, 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 E3 PAYMENT THEREOF BY THE CITY COUNCIL ON THE I" OF MARCH, 2016. AYES NAYS ABSENT CC/CDC-HA Agenda 3/1/2016 — Page 245 The following page(s) contain the backup material for Agenda Item: Continued Public Hearing — Conditional Use Permit for a Wireless Communications Facility to be located at 116 National City Blvd. (Applicant: Verizon Wireless) (Case File 2015-15 CUP) (Planning) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 1,, 2016 AGENDA ITEM NO. ITEM TITLE: Continued Public Hearing — Conditional Use Permit for a Wireless Communications Facility to be located at 116 National City Blvd.) (Applicant: PlanCom, Inc. for Verizon Wireless) (Case. File 2015-15 CUP) PREPARED BY: Martin Reeder, AICP ,A/K. PHONE: i336-4313 , APPROVED BY. EXPLANATION: DEPARTMENT: :Planning.' The applicant has applied tor a Conditional Use Permit (CUP) to install a monopalm cell tower and accompanying equipment structure at 116 National City Boulevard. The CUP was approved by Planning Commission on September 14, 2015 by a vote of five to two. City Council considered a Notice of Decision for this item at their meeting of October 5, 2015. Council held the item over for a public hearing, which was held on November 3, 2015. The Council continued the item off calendar in order for the applicant to provide additional design options. The public hearing was re -noticed, including notification of all property owners and occupants within 300 feet of the project site. The attached background report describes the proposal in detail. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: APPROVED: APPROVED: Finance MIS Categorically Exempt pursuant to Class 3 Section 15303 (New Cc -Instruction ction or Conversion of small structures) ORDINANCE: INTRODUCTION: r 1 FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends approval of the Conditional Use Permit. BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Baca, Bush, DeLaPaz, Flores Nays:, Garcia, Yamane ATTACHMENTS: 1. Background Report 2. Recommended Findings 3. Recommended Conditions of Approval 4. Location Map 5„ Reduced Plans (prime option) 6. Site photos, photo simulations, and coverage maps 7. Pubiic Hearing Notice 8. Planning Commission report and resolution BACKGROUND REPORT The applicant has applied for a Conditional Use Permit (CUP) to install a monopalm cell tower and accompanying equipment structure at 116 National City Boulevard. A public hearing was held by the Planning Commission on September 14, 2015: the Commission voted to approve the CUP by a vote of five to two. City Council considered a Notice of Decision of the Planning Commission approval at their meeting of October 6. 2015_ City Council Hearings At the previous public hearing held on November 3, 2016, the Council continued the item off calendar in order for the applicant to provide additional design options. There were also discussions related to property condition and the facility limiting the ability to develop/redevelop the lot in the future. In order to address the latter concern, condition no. 20 has been included in the recommended Conditions of Approval to require relocation/incorporation at redevelopment. With regard to property condition, there have been recent code enforcement cases on the property related to the need for a business license and for non -permitted construction. Tonight's public hearing was re -noticed, including notification of all property owners and occupants within 300 feet (83 properties in total). Planning Commission Hearing Planning Commission conducted a public hearing on September 14, 2015. Commissioners asked questions regarding findings and conditions of approval, coloration, maintenance, and noise. One of the Commissioners had concerns regarding aesthetics due to the location of the property at a major gateway into the City. Five community members also spoke with concerns related to aesthetics, as well as health impacts poor property condition, and potential noise impacts.. The Commission voted by a vote of five to two to approve the Conditional Use Permit based on findings and Conditions of Approval provided in the Planning Commission staff report (attachment No. 8). Proiect location The project site le located near the southwest corner of National City Blvd. and Main Street in Development Zone 1 A of the Downtown Specific,' Plan area. The 5,750 square - foot property is developed with a 3,000 square -foot commercial building that fronts on the west side of National City Blvd. The rear part of the lot is fenced off and is accessible from an alleyway located adjacent to the west cf rh a propot . Development Zone IA has a minimum floor area ratio (FAR) of 3:1 or three times the lot size (17,2.50 square feet). Proposed U.se The applicant was originally proposing to construct a 50-foot tall artificial palm tree (monopalm) with 12 antennas and a 364 square -foot equipment enclosure with emergency generator (prime option). The facility would be located in the rear lot behind the commercial building. The equipment shelter would be constructed of CMU block. i The generator would be for backup purposes only and would be exercised for 15 minutes once a month for testing purposes. Since the previous meeting, the applicant has provided two additional designs, one for a flagpole and one for a sign. Prime Option: (Exhibit B-Revised (a) The applicant still wishes to pursue the original design of an artificial palm tree. In an effort to provide additional screening of the facility, the applicant has stated that three live mature palms will be planted on the site. No change in the equipment shelter from the original design is proposed. Flagpole Option: (Exhibit B-Revised (b) The proposed artificial flagpole would be 75 feet in height. The top third of the pole would be two -to -three times thicker than the majority of the pole; the thicker portion is where the antennas would be located. The equipment would be the same as with the original (prime) option. Although changes to the Sign Ordinance regarding flagpoles are currently being considered, the proposed flagpole would be consistent with the current Land Use Code. Sign Option: (Exhibit B-Revised (c) The proposed sign would be 50 feet high, the same height as the originally -proposed artificial palm tree. In addition to the sign, three live mature palms are proposed on the site. The equipment would be the same as with the original (prime) option. If installed, the sign would need to advertise businesses on site, as the Land Use Code does not allow for off -site advertising (billboards) except for on City -owned properties. Analysis Telecommunication facilities are addressed in the Land Use Code, at National City Municipal Code § 18.30.220. The purpose of the code section is to "provide a uniform and comprehensive set of standards for the development, siting, and installation of wireless telecommunications facilities ... to preserve community character and protect aesthetic quality ..." Design guidelines for telecommunications facilities are outlined in the Land Use Code at National City Municipal Code § 18.30.220(B). The guidelines require, to the greatest extent possible, that such facilities "be sensitively designed and located to be compatible with and minimize visual impacts to surrounding areas, including public property." The design guidelines detail the various factors which affect aesthetics and neighborhood character. Whether the wireless facility meets the guidelines is the decision to be made by the City Council in either approving or denying the permit. Specific design guidelines are as follows: • Innovative design solutions that minimize visual impacts should be utilized; stealth solutions where facilities are not detectable are especially encouraged. e Telecommunication facilities shall be as small as possible and the minimum height necessary without compromising reasonable reception or transmission. 2 • Antennas and their support structures should be located on the rear half of property or structures when reasonable transmission and/or reception would not be impaired and when visual impacts would be reduced, unless no other feasible alternative location exists. • Telecommunication facilities and appurtenances should not be situated between the primary building on the parcel and any public or private street adjoining the parcel. B Telecommunication facilities should be iocated and designed to avoid blocking and/or substantially altering scenic views. • Building mounted teiecommunicattion faciiities are encouraged rather than telecommunication towers (not done due to limited height of existing building). • Building mounted telecommunication facilities should be integrated with existing structures (not applicable in this case). • Telecommunication facilities should be designed and painted a color that blends with the surrounding natural or manmade features. Telecommunication facilities and appurtenances shall be screened by existing and/or proposed structures and landscaped to the extent possible without compromising reception and/or transmission. The design of fencing, landscaping, and other screening for telecommunication facilities shall be integrated and compatible with surrounding improvements, Multiple telecommunication facilities of reduced heights are encouraged to cover a service area where the visual impacts would be less than a single larger and more visually obtrusive tower. Co -location of commercial telecommunication towers and the use of the same site by multiple carriers is encouraged where feasible and found to be desirable. Monopoles or guyed/lattice towers are discouraged except where satisfactory evidence is provided demonstrating that a self-supporting tower is needed to provide the height and/or capacity necessary for the proposed facility and visual impacts wouid be minimized. All utility lines serving the facility shall be under -grounded. Each commercial telecommunication facility shall be installed in a manner that will maintain and enhance existing native vegetation. Suitable landscaping to screen the facility shall also be installed where necessary. • All major commercial telecommunication facilities, other than government owned facilities, shall be prohibited in residential zones. • All major commercial telecommunication facilities shall be located at least 75 feet from any habitable structure, except for a habitable structure on the property in which the facility is located. Unless noted (in parentheses after the applicable design guideline), the proposed facility (all three designs) is consistent with and/or meets the design guidelines outlined in the Land Use Code. 3 The proposed facility is designed to address an area of weak or no service in the Verizon Wireless network. There are two other co -location opportunities in this area — 241 National City Blvd. and 330 National City Blvd. However, the applicant has stated that neither of these facilities was feasible for their needs. The antennas would provide coverage to the northwest, east, and south, which encompasses Division Street eastward and the Interstate 5 corridor northward into San Diego. Summary of Laws Regarding Wireless Telecommunications Facilities At the time this matter was set for hearing, the City Council asked that the report include reference to what factors may be permissibly considered in making a decision regarding wireless facilities and the law that governs. The factors which may be considered under the Municipal Code are referenced and listed above. The following provides a brief overview of the federal and state law governing wireless facilities. A. Federal Telecommunications Act Generally, the Federal Telecommunications Act of 1996 (the "Act") set forth the requirement that telecommunications services have a duty to develop competition within markets. Accordingly, cities have been preempted from adopting any barriers to the development of telecommunications facilities. Cities do retain authority to regulate the placement, construction, and modification of wireless telecommunications facilities, subject to limitations. Importantly, a city can deny a cell tower/wireless facility for "adverse aesthetic impacts" under the Act as long as: 1) the city finds, based on substantial evidence, adverse aesthetic impacts; and, 2) establishes that denial will not constitute a prohibition on the provision of wireless services. Overall, the Act has numerous limitations and/or requirements applicable to a city's review of a wireless facility. The limitations and/or requirements are summarized below: 1) Decision must be made within a reasonable time; 2) Decision to deny a facility must be in writing; 3) Decision to deny must be supported by substantial evidence (ie: the decision must be authorized by local regulation and supported by substantial evidence); 4) Decision to deny cannot be based on or regulate radio frequency emissions (when the facility complies with the Federal Communications Commission RF emissions regulations); 5) Cannot discriminate amongst providers of functionally equivalent services (however. treatment based on zoning standards such as preserving neighborhood character and avoiding aesthetic blight are permissible); and 4 6) Decision cannot have the effect of prohibiting wireless service (cannot prevent a provider from closing a significant coverage pap). B. Goverment Code Sections 65850.6 and 65964 (State 'Law) In regard to wireless facilities. Section 65850.6 is limited to and specifically addresses collocation facilities. Section 65850.6 does allow cities to retain discretionary authority over wireless facilities that will include future collocation facilities, but removes discretionary authority_ over facilities mounted to already existing facilities. Thus. discretionary permits for wireless telecommunications collocation facilities. once approved. will allow additional facilities to be mounted to those already approved facilities without additional discretionary review. Under Section 65850.6. a wireless telecommunication collocation facility can be subject to a discretionary permit and must also comply with the following: 1. City requirements that specify the types of facilities allowed to include a collocation facility: 2. City requirements that specify the types of facilities allowed to include certain types of collocation facilities: 3. Height, location, bulk, and size of the facility., 4. Percentage of the facility that can be occupied by collocation facilities: 5. Aesthetic and design requirements for facilities: 6. City requirements for a proposed facility 7. Compliance with state and local requirements. including the general plan, applicable specific plan, and zoning ordinances: and. 8. Compliance with CEQA. Section 65964 applies more broadly to all wireless telecommunications facilities and sets rimitations on the ability to impose conditions of a._ __royal Under Section 8596.,C� £ i la.. Condition of a rov�!sl cannot require any of b. d IOA�1 Ci�l./ilse! ! 6dd �11"YZ �s �� �+ 6e{.�I IA:7B61F.7�1 f71�NI hItlNA1 !!FA! 51 AH6 require l�6d AAb FdA 1y l,/7 the following: 1. An escrow deposit for removal of a wireless facility or component (performance bond or other sL! tv is aliova ). 2. Unreasonable limits on the duration of the permit (limits of less than 10 years are presumed unreasonable absent public safety reasons or substantial land use reasons): and, 3. Limiting facilities to sites owned by particular parties within the city's jurisdiction (e.g., requiring facilities only on city owned property). 5 Required findings Findings for Approval 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 Development Zone 1A of the Downtown Specific Plan pursuant to a conditional use permit, and the proposed facility meets the required design guidelines in the Land Use Code, as discussed in the staff report. 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 Development Zone 1A of the Downtown Specific Plan Area. 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 area in which the project is proposed is currently fenced off and not used for anything. The applicant has stated that only one maintenance trip is expected every 4-6 weeks. Periodic maintenance would include running the emergency backup generator for 15 minutes on an approximate monthly basis. The generator is proposed within a CMU block wall; therefore, noise is not much of a factor. However, a Condition of Approval has been added (No. 15) to ensure that all activities comply with Title 12 (Noise) of the Municipal Code. Conditions also include graffiti protection of the block wall (No. 8) 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 facility, including the monopalm and equipment shelter (364 square feet), can easily be accommodated on the 5,750 square -foot site; there is room in the vacant area behind the building that allows the facility to meet required design guidelines, thus not affecting nearby properties. The proposed facility is unmanned and requires only one to two visits each month for routine maintenance. These vehicle trips would have a negligible effect on the adjacent developed streets. In addition, because the area is directly adjacent to an alley, service vehicles would have even less effect on adjacent streets. 6 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. With the subject palm tree being higher than all buildings adjacent in the area, the antennas would have dear reception and transmission in those directions. Nearby land uses in these directions are residential, commercial, and commercial/residential respectively. However, the antennas are positioned in such a way as to be directed above any nearby sensitive uses. Although there are such land uses in the vicinity, it should be mentioned that, per the 1996 Telecommunications Act, "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. 16) is included requiring these permits. The proposed facility will not be highly visible to the observer, since the antennas will be screened by the fronds of the faux palm tree. There are several other mature palms in the area, which will add to the stealth nature of the tree when viewed from nearby streets. The trees are located to the south on both sides of National City Blvd., and also to the north on the east side of National City Blvd. Attachment No. 6 includes a photo simulation showing the proposed monopalm. 6. 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. Findings for Denial Based on public comment received at the Planning Commission public hearing and comments at the City Council Notice of Decision hearing, staff &so included findings for denial as follows: 1. That the design, location, size, and operating characteristics of the proposed activity would not be compatible with the existing and future land uses in the vicinity. The facility would be significantly taller than other buildings in the area, which would result in a negative visual impact on area uses. 2. That the site is not physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints. The fenced area in which the facility is proposed would be better suited as a parking area for the business located on the property. Also, the periodic testing of the proposed backup generator may create noise impacts to neighboring properties. 3. That granting the permit would constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located. The subject palm tree would be higher than all buildings adjacent in the area, thus potentially resulting in a negative visual impact on area uses. Also, the proposed backup generator may create noise impacts to neighboring properties. 4. That granting the permit would constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located. Construction of the proposed facility would limit the property such that it would be nearly impossible to achieve the minimum floor area ratio (FAR) of 3:1 or 17,250 square feet. Department comments Comments were received from the Fire Department and require compliance with the California Fire Code and local Codes. Standard Conditions of Approval for wireless facilities are also included, requiring compliance with applicable codes, all necessary state/local/federal permits, and that any external equipment is painted to match the surface on which it is mounted. Summary The proposed project is consistent with the Land Use Code in that it meets all applicable design requirements for wireless communication facilities. The project is considered 'stealth' and blends in with nearby development. The new facility will help to provide coverage in an area with limited service and provide additional reception for Verizon Wireless customers. As a recap, the purpose of tonight's hearing is to discuss the merits of the project and to make a decision based on the attached findings for approval or denial, or based on findings to be made by the Council. Staff is recommending approval of the CUP. s The options available to the Council are as follows: 1. Approve 2015-15 CUP subject to the attached conditions, and based on attached findings; or 2. Deny 2015-15 CUP based on attached findings or other findings as determined by the City Council; or 3. Continue the item in order to obtain additional information. 9 RECOMMENDED FINDINGS FOR APPROVAL 2015-15 CUP --116 National City Blvd. 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 a wireless communications facility is a conditionally -permitted use in Development Zone 1A of the Downtown Specific Plan Area, and because the proposed facility meets the required design guidelines in the Land Use Code. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, because Policy E-3.3 of the General Plan is to increase access to wireless internet connections, computers, and other forms of communication technology; and because wireless communications facilities are a conditionally - allowed use in Development Zone 1A of the Downtown Specific Plan Area. 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 area in which the project is proposed is currently vacant and fenced off, and because only one maintenance trip is expected every 4 to 6 weeks. 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, because the facility, including the monopalm (or flagpole or sign structure), equipment shelter (364 square feet), and three live palm trees can easily be accommodated on the 5,750 square -foot site, and because the one to two visits each month for routine maintenance would have a negligible effect on the adjacent developed streets. 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 subject palm tree (or flagpole or sign structure) would be higher than all buildings adjacent in the area, thus the antennas would have clear reception and transmission in those directions. In addition, the proposed facility will not be highly visible to the observer, because the antennas will be screened by the fronds of the faux palm tree. There are several other mature palms in the area, which will add to the stealth nature of the tree when viewed from nearby streets. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, because staff has already 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 10 which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. RECOMMENDED FINDINGS FORD NLAiL 2015-15 CUP --116 National City Blvd. 1. That the design, location, size, and operating characteristics of the proposed activity would not be compatible with the existing and future land uses in the vicinity, because the facility would be significantly taller than other buildings in the area, which would result in a negative visual impact on area uses. 2. That the site is not physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, because the fenced area in which the facility is proposed would be better suited as a parking area for the business located on the property, and because the periodic testing of the proposed backup generator may create noise impacts to neighboring properties. 3. That granting the permit would constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the subject palm tree would be higher than all buildings adjacent in the area, thus potentially resulting in a negative visual impact on area uses, and because the proposed backup generator may create noise impacts to neighboring properties. 4. That granting the permit would constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or raterially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because construction of the proposed facility would limit the property such that it would .be nearly impossible to achieve the minimum floor area ratio (FAR) of 3:1 or 17,250 square feet. 11 RECOMMENDED CONDITIONS OF APPROVAL 2015-15 CUP --116 National City Blvd. General 1. This Conditional Use Permit authorizes a wireless communications facility at 116 National City Blvd. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A -Revised and B- Revised (option: either (a), (b), or (c) should be stated in any motion to approve) dated 12/15/2015 (option (a) or (c)) or I/7/2016 (option (b)) Case File No. 2015-15 CUP. 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. Exterior wails 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. 12 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. Emergency Generator Shutdown procedures shall be posted in a conspicuous area on the exterior of the emergency generator enclosure. The sign shall be clearly visible from the public right-of-way. If the power source is inside a building and cannot be seen from the public right-of-way, a sign shall be placed in a position that can be easily seen by emergency personnel on foot. 11. A 704 emergency placard shall be posted at the site. The Sign shall be clearly visible from the public right-of-way. 12. The National City Fire Department shall be involved with all fire inspections for this site. Rough inspections of all phases of work are required. Engineering 13. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 14.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) regulation which may require a Storm Water Poiiution Prevention Plan (SWPPP) for the project. If required, an approved SWPPP will be squire 1 pesos 6o issuing of a construction permit. Planning 15. Testing and/or maintenance activities involving operation of the emergency generator shall only be conducted during daylight hours and subject to the limitations contained in Table HI of NCMC §12.O6.040 16. All appropriate and required local, state and/or federal permits must be obtained prior to operation of the wireless communications facility. 17.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. 10. The permittee shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use 13 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. 19. 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. 20. In the event that the property is developed, the facility shall be incorporated into the new development subject to design requirements for wireless communications facilities applicable at that time, relocated, or decommissioned. 14 IMP 116 NATIONAL CITY BLVD Disclaimer: Map and parcel data are believed to he accurate, but accuracy is not guaranteed. This is not a feet legal document and should not be substituted for a title search, appraisal, survey or Zoniiv vergitation- 9/2%2015 15 H IY. A - CASE FILL NO,: Zol S )ATF. (71(7 fi LEGAL DESCRIPTION AL 11107 CEMMN PEAL 1AOPLRTF SMARM El TE COEMM! OF MI SEEQ OTWE a o1FII1A1 13023095 1s ra102 IOW 15 N023 a RODE 2I)N14[Nt UE, N SE cm OF Taolo. a11. 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ThqlirrildEllftn% ME !Mendell ite gra phhpal wpeges only and dIgt Intended k4 repirlee The inPurrnlikleze fir.1166CII U rrumIrvt-tiai 4rawing3 Main Division (MCE) 116 National City Blvd. National City, CA 91950 Proposed rtmnopalm Proposed equipment enclosure: 1.,Proporvid live p.,:alrns at roawrq± iicggiii: (1-5 years) -_P_PVPDSM.r) Nablieeoviirrorircsarlit..uNdinCtCU EXHIBIT: 6 - gvv4oL Gbl CA' E FILE NO.: zol 5-(5 c_ DATE: j ���� 6 prase slmeuletInns ere mended fee gnhphleel puffer only and not antiendeall to 6e part of or In malice the Inkahniettgn proWfdld an Vie cor+strwetice dOrnInEls Martin Division (MCE) 116 National City Blvd. National City, CA 91950 .60 ✓w vlerCM ,..._...........Prupo>ed flagpole with radome Proposed equipment enclosure OfseaMafrmaketinn rhf nwMACe m9 OharPrAmm9Annann F nf}wtVnnM a•R?rm r Riu 11Mese gimletlon5 are Intended rurersohlog Pu►POSIM. TRAY nrsd riot !minded in 4e peak cedar Lo reefers kte inforrniftian pritvldrd 491 thecnnsbuttron dcat+e 3 /,0' (c ) CASE FILE NO.: 'ZoIS-(S c44'-P DATE: �z h Min Division (ARC.) 1i6 National City Blvd. National City, CA 91950 ,_,,,_Proposed screen tower Proposed equipment enclosure r laZati . , ... • sair..oa3.0n»e elte. Coverage without site Coverage Levels: Excellent 111 Good/Variable I -1 Poor 1 t� Division (NICE) 116 National City Blvd. National City, CA 91950 llettpliwireless 30 Coverage with site CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk NOTICE OF PUBL9C HEAR G NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a Public Hearing after the hour of 6:00 p.m., Tuesday, March 1, 2016, in the City Council Chambers, Civic Center, 1243 National City Blvd., National City, CA., to consider an: APPROVAL OF A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY TO BE LOCATED AT 116 NATIONAL CITY BLVD. 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. The Planning Cornmission conducted a Public Hearing at their meeting of September 14, 2015 and voted 6-2 to recommend approval of the Conditional Use Permit. February 17, 2046 Michael R. Dalla, CMC City Clerk 31 Title: Ty( I1icoaPO�E11,'!''10 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Item no. 5 September 14, 2015 PUBLIC HEARING — CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY TO BE LOCATED AT 116 NATIONAL CITY BLVD. Case File No.: 2015-15 CUP Location: Southwest of National City Blvd. / Main Street intersection Assessor's Parcel No.: 555-020-14 Staff report by: Martin Reeder, AICP — Principal Planner Applicant: PlanCom, Inc. for Verizon Wireless Property owner: Rodolfo & Maria Narvaez Zoning designation: Downtown Specific Plan Development Zone 1 A (DZ-1 A) Adjacent land use/zoning: North: Liquor store/market / DZ-1A East: Auto body shop across National City Blvd. i DZ-2 South: Auto upholstery shop / DZ-1A West: Commercial and residential across alley / DZ-1A Environmental review: Categorically Exempt pursuant to Class 3 Section 15303 (New Construction or Conversion of small structures) Staff recommendation: Approve 32 BACKGROUND Site Characteristics The project site is located near the southwest comer of National City Blvd. and Main Street in Development Zone 1A of the Downtown Specific Plan area. The 5,750 square - foot property is developed with a 3,000 square -foot commercial building that fronts on the west side of National City Blvd. The rear part of the lot is fenced off and is accessible from an alleyway located adjacent to the west of the property. Proposed Use The applicant is proposing to construct a 50-foot tall faux palm tree (monopaim) with 12 antennas, and a 364 square -foot equipment enclosure with emergency generator. The facility would be located in the rear lot behind the commercial building. The equipment shelter would be constructed of CMU block. The generator would be for backup purposes only and would be exercised for 15 minutes once a month for testing purposes. Analysis The proposed use is consistent with General Plan policy, since Policy E-3.3 (Education and Public Participation) of the General Plan is to increase access to wireless Internet connections, computers, and other forms of communication technology. The proposal is also consistent with the Downtown Specific Plan, since wireless communications facilities are a conditionally -allowed use in Development Zone 1A of the Downtown Specific Plan Area. Consistent with City policy, the proposed facility will not be highly visible to the observer, since the antennas will be screened by the fronds of the faux palm tree. There are several other mature palms in the area, which will add to the stealth nature of the tree when viewed from nearby streets. The trees are located to the south on both sides of National City Bled., and also to the north on the east side of National City Blvd, Exhibit B shows the proposed monopaim in a photo simulation. The area in which the project is proposed is currently fenced off and not used for anything. Because the area is direciiy adjacent to an alley, any service vehicles would not affect traffic on adjacent ity streets. The- applicant has stated that only one maintenance trip is expected every 4-6 weeks. Periodic maintenance would include running the emergency backup generator for 15 minutes on an approximate monthly basis. The generator is proposed within a CMU block wall; therefore, noise is not much of a factor. However, a Condition of Approval has been added to ensure that all activities comply with Title 12 (Noise) of the Municipal Code. Conditions also include graffiti protection of the block wall. 33 The proposed facility is designed to address an area of weak or no service in the Verizon Wireless network. There are two other co -location opportunities in this area — 241 National City Blvd. and 330 National City Blvd. However, the applicant has stated that neither of these facilities was feasible for their needs. The antennas would provide coverage to the northwest, east, and south, which encompasses Division Street eastward and the Interstate 5 corridor northward into San Diego. With the subject palm tree being higher than all buildings adjacent in the area, the antennas would have dear reception and transmission in those directions. Nearby land uses in these directions are residential, commercial, and commercial/residential respectively. However, the antennas are positioned in such a way as to be directed above any nearby sensitive uses. Although there are such land uses in the vicinity, it should be mentioned that, per the 1996 Telecommunications Act, "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. 15) is included requiring these permits. California Environmental Quality Act (CEQA) 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. Comments were received from the Fire Department and require compliance with the California Fire Code and local Codes. Standard Conditions of Approval for wireless facilities are also included, requiring compliance with applicable codes, all necessary state/local/federal permits, and that any external equipment is painted to match the surface on which it is mounted. Summary The proposed project is consistent with the Land Use Code in that it meets all applicable design requirements for wireless communication facilities. The project is considered `stealth' and blends in with nearby development. The new facility will help to provide coverage in an area with limited service and provide additional reception for Verizon Wireless customers. 34 OPTIONS 1. Approve 2015-15 CUP subject to the conditions listed below, based on attached findings; or 2. Deny 2015-15 CUP based on findings to be determined by the Planning Commission; or 3. Continue the item in order to obtain additional information. ATTACHMENTS 1. Recommended Findings for Approval 2. Recommended Conditions 3. Location Map 4. Nearby Wireless Facilities Map 5. Site Photos 6. Coverage Maps 7. Public Hearing Notice (Sent to 33 property owners) 8. Notice of Exemption 9. Applicant's Plans (Exhibits A and B, Case File No. 2015-15 CUP, dated 6/18/2015) MARTIN REEDER, AICP Principal Planner BRAD RAULSTON Executive Director 35 RECOMMENDED FINDINGS FOR APPROVAL 2015-15 CUP —116 National City Blvd. 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, since a wireless communications facility is a conditionally - permitted use in Development Zone 1A of the Downtown Specific Plan Area. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, since Policy E-3.3 of the General Plan is to increase access to wireless Internet connections, computers, and other forms of communication technology; and since wireless communications facilities are a conditionally - allowed use in Development Zone 1A of the Downtown Specific Plan Area. 3. That the site for the proposed use is adequate in size and shape, since the facility, including the faux palm tree and equipment shelter (364 square feet), can easily be accommodated on the 5,750 square -foot site, and will not affect surrounding existing uses. 4. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the unmanned wireless communications facility requires only one to two visits each month for routine maintenance, which will have a negligible effect on the adjacent developed streets. 5. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the 50-foot artificial palm tree will adequately screen the twelve panel antennas, and since the equipment shelter will blend in with adjacent commercial development. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, since staff has already 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. 36 RECOMMENDED CONDITIONS OF APPROVAL 2015-15 CUP —116 National City Blvd. General 1. This Conditional Use Permit authorizes a wireless communications facility at 116 National City Blvd. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A and B dated 6118E2015 Case File No. 2015-15 CUP. Any additional antennas or facilities must be in substantial conformance with t� a 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 specifies in Section 18.12.040 of the Municipal Code. Buildino 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 Alec) for mark out prior to any digging activities. 7. Television cable companies shall be notified minimum of 48 hours prior to filling of cable trenches. 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. 37 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. Emergency Generator Shutdown procedures shall be posted in a conspicuous area on the exterior of the emergency generator enclosure. The sign shall be clearly visible from the public right-of-way. If the power source is inside a building and cannot be seen from the public right-of-way, a sign shall be placed in a position that can be easily seen by emergency personnel on foot. 11. A 704 emergency placard shall be posted at the site. The Sign shall be clearly visible from the public right-of-way. 12. The National City Fire Department shall be involved with all fire inspections for this site. Rough inspections of all phases of work are required. Engineering 13.The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 14.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. Planning 15. All appropriate and required local, state and/or federal permits must be obtained prior to operation of the wireless communications facility. 16. 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. 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. 38 _-1 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. 39 ® Feet 1,375 2,750 5,500 703, ' • 37t pp _LI 0 Wireless facilities in National City Wireless facilities in unincorporated area Wireless Communication Facilities National City Planning Department 2012 FACILITY AP 1 LOCATION .�.�w PROVIDER FILE_NO_ 1 562-340-44 24M 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 mon2p le with three sector antennas and 450-sa foot eauipment buildina. 562-340-26 300 W 28th Nextel CUP-2003-30 12 antennas=; on existing comniunirrations tower and a 270 square foot equipment enclosure adiacei?t to existing equipment 4 559-032-02 1215 Wilson Pac Bell CUP-1995-11 Located on goof of existing bui]din . PCS facility- six roof -mounted antennas and two ground -mounted equipment boxes. 5 557-410-03 lii615 IE Plaza Pac Bell CUP-1995-13 Located on 'goof of Quality Inn. PCSfacility- sixpanel antennas and equipment cabinet. 8 555-086-11 910 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 ‘Dof of Red Lion Hotel. Paging facility- four whip antennas, one global positioning satellite antenna and equipment cabinet. _ ___ 556-471-24 Bail Nationa City Blvd Nextel CUP-1994-8 Located on roof of Red Lion Motel. ESN1R facility- three whip antennas and eauipment cabinet. 556-471-24 801 National City Blvd Pagenet CUP-1996-12 Located on roof of hotel. Pagir acility- 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 Va'ley Hospital. Paaina facility- four whip antennas, one aloba3 POsitioninasateliite antenna and equipment cabinet. 9 559-160-13 1022 W Bay Markt GTE CUP-1996-5 Located on a 330-se foot building. Cellular facility- 60-foot monopole with twelve panel antennas. 10 563-370-36 3007 Highland Pac Bell CUP-1996-6 Located on existing Super Saver building. PCSfacility- six panel antennas and two equipment cabinets. 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 Maiicna! Guard Amory property. PCSfacility six antennas in three 40-foot flag poles, one GPS antenna and a new equipment building. 14 564-471-01 3030 Plaza Bonita Rd Nextel CUP-1997-8 Located atop Plaza Bonita sign. ESMRfacilitv- 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. 16 557-420-36 1840 E 12th Nextel CUP-1999-4 60-foot monopalm on vacant commercial lot. 20 555-082-11 111 W 9th Sprint CUP-2000-9 Located atop 2-story Sid's Carnet Barn warehouse. Wireless communication facility- twelve wireless panel antennas and 4-inch GPS antenna. 21 555-030-21 330 National City Blvd GTE CUP-2000-11 Located atop BayTheatre. Wireless communication facility- twelve panel antennas and four equipment cabinets. 22 564-250-50 2435 Sweetwater Sprint CUP-2000-14 Located at Sweetwater Inn. Global Positioning System with nine panel antennas. 30 557-420-36 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. 32 556-473-18 242 E 8th AT&T CUP-2001-6 Located atop an existing church. 34 563-370-35 3007 Highland Nextel CUP-2001-12 Located atop Sweetwater Square. New equipment building over trash enclosure, nine panel antennas and one GPS antenna. 36 563-231-38 1914 Sweetwater Cingular CUP-2002-3 Located on an existing 75 foot tall pole sign for the SweetwaterTown and Country Shopping Center. _ 37 564-310-37 3737 Sweetwater Cingular CUP-2002-4 72 foot tall monopine with standard equipment enclosure 39 556-101-15 241 National City Blvd Cingular CUP-2002-6 12 panel antennas behind four new partial parapet walls atop an existina fumiture store; four equipment cabinets outside 40 558-200-24 2415 E 18th Cingular CUP-2002-13 Panel antennas located inside new liaht standards; equipment located inside existing commercial buildina 41 556-354-13 716 Highland AT&T CUP-2002-14 Six facade mounted panel antennas with equipment on roof of PacBell switching station. Equipment screened to match existing. 44 556-590-61 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. 51 552-283-11 2323 E Division Sprint CUP-2004-6 3 panelantennasina 9x10x16 roof-mountedcupola 52 560-191-30 1701 D Ave Nextel C U P-2004-12 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-Iocationin churchspire-3 antennas within existing architectural feature 554-120-24 2701 E 8th T-Mobile CUP-2000-19 Located at i .xin church. Antennas located in a GO-footmonument. 554-120-24 � 27f11 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 c;:xisting 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 SQ.ft. equipment enclosure. 60 556-510-12 914 E 8th Cingular CUP-2005-10 12 panel antennas on 39-ft mcnopine with 280 sq. ft. equipment shelter 61 :559-040-53 1439 Tidelands Cingular CUP-2005-9 12 panel antennas on monopalm with associated equipment shelter 559-040-53 1445 Tidelands Nextel CUP-2000-31 4O-footmor opalrnwith three sectors of four antennas each and equipment shelter 03 562-200-02 2900 Highland Cingular CUP-2005-12 3 antennas on replacement light standard with associated equipment shelter 54 563-010-47 2005 Highland Cricket CUP-2006-11 :3 antennas In new architectural feature of church with associated equipment 563-010-47 205 Highland Sprint CUP-2002-18 Six panel antennas and equipment insides a new 54 foot tall monument/cross/sign. 65 557-420-31 19110 E Plazas Cricket CUP-2006-6 3 antennas on,new faux palm Tee with associated equipment 557-420-31 1900 E Plaza Cingular CUP-2004-4 5 panel antennas in a new ole si n at Jimm 's Restaurant 67 561-222-23 1526-40 E 18th T-Mobile CUP-2006-10 12 panel antennas on a new 45-foot tall '`.aux 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 a ui ment 68 564-471-07 3030 Plaza Bonita Rd Verizon CUP-2003-13 12 panel antennas on the roof of the Plaza Bonita Mall behind a screen wall 69 559-106-17 525 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. 70 554-050-15 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 ElTovon 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 71 564-290-06 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 adjacent 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 72 669-060-26 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 antenas 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. Arnold 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. Arnold water tank and a 520 square foot equipment enclosure adjacent 73 562-330-43 152 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 on' GPS antenna with two indoor Pgui' rrP :ent �ab-n• ts. 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 18' 0 E 22nd Cricket 2007-14 CUP 3 antennas or recration building at Las Palmas Park 56`-360-35-35 1820 E 22nd Sprint-Nextel CUP-2000-8 Located in Las Palmas Park. M,anopalm and eauipment along with live palms. 78 560-143-36 1703 Hoover Cleawire 2009-22 CUP 9 antennas Located on 3 different locations on industriall warehouse building. Each location will have 2 panne) antennas. Associated a d'iptment will be located in building 79 559-160-33 70lt Bay Marina Dr Cleawire 2009-23 CUP 9 antennas on !.ower of Marina Gateway Plaza commercial building hidden behind parapet wall. 6-foot tall equiptmant cabinent on roof below tower will be mos*ly covered 30 560-151-20 142 E 16th AT&T 2010-11 CUP 6 panel antenrias and RE franaparent cupola atop National City Ministry Church, as well as a 330 sq it equipmenthtoragettrash enclosure on the ground. The 8-foot tall Cupola will have a cross afixed to it in order to appea as part of the church81 561-271-01 2005 Hlghaand Ave Plancom 2010-31 CUP 12 3ntenas on .a 43-foot monopalm on eastern property line 53 i-271-01 2055 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 H ihland Avenue office building with new cupola to match existing 32 563-184-47 2909 Shelby Dr P95-025 75-foot mon+ ple and equipment building. 83 563-062-17 2524 Prospoct St AT&T ZAP99-028 35-foot monovlm with three sector directional antenna system and equipment cabinets. 35 564-310-32 3312 Bonita Heights Lane AT&T ZAP00-133 36 563-063-29 2563 Grove St AT&T MUP91-026VV2 86 563-063-29 2563 Grove St P91-026W Monopole located aside live palm trees. cALlFO iNl.A. - t nat. nvcolipoRiarsD 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 TO BE LOCATED AT 116 NATIONAL CITY BLVD. CASE FILE NO.: 2015-15 CUP APN: 555-020-14 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, September 14, 2015, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: PlanCom, Inc. for Verizon Wireless) The applicant is proposing to construct a 50-foot tall artificial palm tree with 12 antennas, and a 364 square -foot equipment enclosure with emergency generator. The facility would be located behind the commercial building. 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 Division on or before 12:00 p.m., September 14, 2015, who can be contacted at 619-336-4310 or 31anningAnationalcityca.gov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DEPARTMENT Executive Director 47 CALIPORNIA . I 'tiny wi rNCORPORATL CITY OF NATIONAL CITY - PLANNING 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: 2015-15 CUP Project Location: 116 National City Blvd., National City, CA, 91950 Lead Agency: City of National City 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 behind an existing commercial building in a developed commercial area. The project will increase signal strength and service area for Verizon Wireless customers. Applicant: PlanCom, Inc. for Verizon Wireless 302 State Place Escondido, CA 92029 Exempt Status: Telephone Number: (760) 587-3003 Categorical Exemption. Class 3 Section 15301 (Existing Facilities) Reasons why project is exempt: There is no possibility that the proposed use will have a significant impact on the environment since antennas will be screened by an artificial palm tree, which is proposed in an unused and separated area behind a commercial building. The proposal will not affect use of the property. Date: MARTIN REEDER, AICP Principal Planner 48 RESOLUTION NO. 2015-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUN!CAT!ONS FACILITY TO BE LOCATED AT 116 NATIONAL CITY BLVD. APPLICANT: PLANCOM, INC. FOR VERIZON WIRELESS CASE FILE NO. 2015-15 CUP APN: 555-020-14 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for a wireless communications facility to be located at 116 National City Blvd. at a duly advertised public hearings held on September 14, 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. 2015-15 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 September 14, 2015, support the following findings: 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, since a wireless communications facility is a conditionally - permitted use in Development Zone 1A of the Downtown Specific Plan Area. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, since Policy E-3.3 of the General Plan is to increase access to wireless internet connections, computers, and other forms of communication technology; and since wireless communications facilities are a conditionally - allowed use in Development Zone 1 A of the Downtown Specific Plan Area. 3. That the site for the proposed use is adequate in size and shape, since the facility, including the faux palm tree and equipment shelter (364 square feet), can easily be accommodated on the 5,750 square -foot site, and will not affect surrounding existing uses. 49 4. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the unmanned wireless communications facility requires only one to two visits each month for routine maintenance, which will have a negligible effect on the adjacent developed streets. 5. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the 50-foot artificial palm tree will adequately screen the twelve panel antennas, and since the equipment shelter will blend in with adjacent commercial development. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, since staff has already 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. 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 at 116 National City Blvd. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A and B dated 6/18/2015 Case File No. 2015-15 CUP. 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. 50 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. Exterior walls of accessible poles/wails 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. Emergency Generator Shutdown procedures shall be posted in a conspicuous area on the exterior of the emergency generator enclosure. The sign shall be clearly visible from the public right-of-way. If the power source is inside a building and cannot be seen from the public right-of-way, a sign shall be placed in a position that can be easily seen by emergency personnel on foot. 11. A 704 emergency placard shall be posted at the site. The Sign shall be clearly visible from the public right-of-way. 12. The National City Fire Department shall be involved with all fire inspections for this site. Rough inspections of all phases of work are required. Engineering 13. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority 'Project Permanent Stoniz Watei Bier: Requirements" and the City of National City Stogy IV tar Best Mananernent Practices of the jurisdictional Urban Runoff Management Program (JURMP) approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 14. 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. Planning 15. All appropriate and required local, state and/or federal permits must be obtained prior to operation of the wireless communications facility. 16. 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. 51 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 September 14, 2015, by the following vote: AYES: Baca, bush, Flores, Alvarado, Dela Paz NAYS: Garcia, Yamane ABSENT: None ABSTAIN: None 52 CC/CDC-HA Agenda 3/1/2016 — Page 299 The following page(s) contain the backup material for Agenda Item: An Ordinance of the City Council of the City of National City amending Title 18 (Zoning) Chapter 18.47 of the National City Municipal Code pertaining to Signs and Outdoor Advertising Displays. (Applicant City -Initiated) (Case File 2015-07 A) (Planning/Cit CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 1, 2016 ITEM TITLE: lAn Ordinance of the City Council of the City of National City amending Title 18 (Zoning) Chapter 18.47 of the National City Municipal Code pertaining to Signs and Outdoor Advertising Displays. (Applicant City - Initiated) (Case File 2015-07 A)`. AGENDA ITEiirii Nu. PREPARED BY: Martin Reeder, AICP DEPARTMENT: PHONE° (619-336-4313 APPROVED BY: EXPLANA iiUiri: Plannin City Attorney.) The City Council considered an Ordinance amending Title 18 (Zoning) Chapter 18.47 of the National City Municipal Code pertaining to Signs and Outdoor Advertising Displays at their meeting of February 2, 2016. The Council made changes to three sections of the Ordinance related to the individual and cumulative size of signs at all times and during the election period; the size of flags on non-commercial properties; and the timeframe for temporary sign removal. The attached strike-through/underline Ordinance (changed sections only) shows the originally -recommended language and the changes made by Council. Staff provided a report of the changes to the Planning Commission on February 8, 2016, as required by the Government Code, at which time the Commission filed the report, recommending approval of the changes proposed by the City Council. The attached Ordinance should be introduced to continue with the amendment process. FINANCIAL STATEMENT: ACCOUNT NO. ;NIA 1 ENVIRONMENTAL REVIEW. Exempt from CEQA under section 15061(b)(3) generai ruie. ORDINANCE: INTRODUCTION: STAFF RECOMMENDATION: Introduce the Ordinance X FINAL ADOPTION: APPROVED: APPROVED: BOARD / COMMISSION RECOMMENDATION: Finance MIS ATTACHMENTS. 1. tStrike-through/underline version of modified sections (§18.47.060, §18.47.080, §18.47.160) 2. Ordinance for introduction; ORDINANCE NO. 2016 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTER 18.47 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO SIGNS AND OUTDOOR ADVERTISING DISPLAYS WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the amendment of the National City Municipal Code; and WHEREAS, pursuant to legal notice, hearings were held by the Planning Commission and the City Council of National City, and all persons interested were given the opportunity to appear and be heard before said Planning Commission and City Council; and WHEREAS, the Planning Commission has regularly and duly certified its report to the City Council of National City and has recommended such amendment. NOW, THEREFORE, the City Council does ordain as follows; Section 1. All protests, if any, against said amendment to the Municipal Code and each of them be and hereby are denied and overruled. Section 2. That Section 18.47 of Title 18 of the Municipal Code be amended to read as follows: CHAPTER 18.47 SIGNS ON PRIVATE PROPERTY AND PUBLIC PROPERTY NOT OWNED BY THE CITY OR ITS AFFILIATED AGENCIES Sections: 18.47.010 Title. 18.47.020 Authority, Scope, Intent, Purposes. 18.47.030 Basic Principles. 18.47.040 Definitions. 18.47.050 Sign Permits, Other Sign -Related Decisions, Appeals. 18.47.060 Signs Exempt From Sign Permit Requirement. 18.47.070 Prohibited Signs. 18.47.080 Permanent Signs. 18.47.090 Temporary Signs. 18.47.100 Vehicles Signs. 18.47.110 Murals. 18.47.120 Flags, Banners, and Pennants. 18.47.130 Master Sign Programs. 18.47.140 Nonconforming Signs; Abandoned Uses. 18.47.150 Safety, Maintenance, and Refacing. 18.47.160 Enforcement and Removal. 18.47.170 Severability. 18.47.010 Title. This Chapter shall be known as the Regulatory Sign Ordinance of the City of National City, California. 18.47.020 Authority, Scope, Intent, Purposes. A. Authority. This Chapter is enacted pursuant to the City's general and police powers, California Constitution Article XI, Section 7; California Government Code Sections 65000 et seq., 65850(b), 38774, and 38775; Business and Professions Code Sections 5200 et seq., 5230, 5490 et seq., 13530 et seq. and 13540; Penal Code Section 556 et seq.; and other applicable state laws. B. Scope. This Chapter regulates signs, as defined herein, which are located within the corporate limits of the City of National City and over which the City has land use regulatory authority, but not on City owned land. Signs on City land are subject to Chapter 13.28. Signs used in conjunction with parades, protests, demonstrations and outdoor public assemblies are regulated as temporary uses under Chapter 15.60. C. Intent. By adoption of this Chapter, the City Council intends to create and implement a comprehensive system for the regulation of signs within the scope of this Chapter, with a regulation system that: 1) accommodates the expression rights of the First Amendment to the U.S. Constitution and the corollary provisions of the California Constitution; 2) comports with all applicable principles of federal and state constitutional, statutory and administrative law. D. Purposes and Interests Served. The purposes of this Chapter include, but are not limited to: 1) serving the governmental and public interests in controlling visual clutter, community esthetics, and safety of drivers, passengers, and pedestrians; 2) aiding in the identification of properties, land uses, enterprises and other establishments; 3) enhancing the general appearance and esthetics of the urban environment; and 4) protecting the natural beauty of the City's open space. 18.47.030 Basic Principles. A. Message Neutrality Policy. It is the policy of National City to regulate signs in a manner that does not favor commercial speech over noncommercial speech and does not regulate protected noncommercial speech by message content. B. Message Substitution Policy. A constitutionally protected noncommercial message may be substituted, in whole or in part, for any allowed commercial message or any other protected noncommercial message, provided that the sign structure or mounting device is legal. Any substitution shall require the private property owner's consent. The purpose of this provision is to prevent any favoring of commercial speech over non-commercial speech, or favoring of any particular protected noncommercial message over any other protected noncommercial message. The message substitution policy does not: 1) create a right to increase the total amount of sign display area on a site or parcel; 2) create a right to substitute an off -site commercial message in place of an onsite commercial message or in place of a noncommercial message; 3) affect the requirement that a sign structure or mounting device must be properly permitted; 4) authorize changing the physical method of image presentation (such as digital or neon) display without a permit; or 5) authorize a physical change to the sign structure without compliance with applicable building codes, safety codes, and neutrally - applicable rules for sign size, height, orientation, setback, separation or illumination. C. Enforcement Authority. The Director is authorized and directed to administer and enforce this Chapter. Signs & Outdoor Advertising Displays 2 Ordinance No. 2016- NCMC Chapter 18.47 March 15, 2016 D. Administrative Interpretations. Interpretations of this Chapter are to be made initially by the Director in consultation with the City Attorney. The Director may refer an interpretation question to the Planning Commission. All interpretations of this Chapter are to be exercised in light of the message neutrality and message substitution policies. Where a particular type of sign is proposed, and the type is neither expressly allowed nor prohibited by this chapter, or whenever a sign does not qualify as a "structure" as defined in the Building Code, as adopted by the City, then the Planning Commission or Director, as applicable, shall approve, conditionally approve or disapprove the application based on the most similar sign type, using physical and structural similarity, that is expressly regulated by this chapter. E. Responsibility for Compliance. The responsibility for compliance with this Chapter rests jointly and severally upon the sign owner, the permit holder, all parties holding the present right of possession and control of the property whereon a sign is located, mounted or installed, and the legal owner of the lot or parcel, even if the sign was mounted, installed, erected or displayed without the consent or knowledge of the owner and / or other parties holding the legal right to immediate possession and control. F. Onsite-Offsite Distinction. Within this Chapter, the distinction between onsite signs and offsite signs applies only to commercial messages. It does not apply to non- commercial messages. 18.47.040 Definitions. The following definitions apply to this Chapter, and to other chapters when cross-referenced by such other Chapters. "Banner" means any flexible material, such as cloth, plastic, vinyl, paper, cardboard or thin metal, with or without a message, attached outdoors to a building, structure or mounting device, or attached indoors to a building, structure or mounting device so as to be visible from the exterior of a building, or structure. The term "banner" includes a pennant, flag, or bunting. "Billboard" means a permanent sign structure in a fixed location which meets any one or more of the following criteria: (1) it is used for the display of off -site commercial messages; (2) the message display area, or any part thereof, is made available to message sponsors other than the owner(s) or operator(s) of the sign, typically for a fee or other consideration, i.e., it is general advertising for hire; (3) the sign is a principal or secondary use of the land, rather than appurtenant or accessory to some other principal use of the land. "Bunting" means a form of banner that is typically presented and displayed in a folded or gathered fashion or combination. It may include a display in combination with a flag or banner. Depending on the format of the display, the term may be synonymous with banner. "Changeable copy sign" means a sign displaying a message that is changed by means of moveable letters, slats, lights, light emitting diodes, or moveable background material. "Digital signs," "dynamic signs," and CEVMS (changeable electronic variable message signs) are all within this definition. "City" means the City of National City California. "City property" means any parcel of land or separately leasable space over which the City or any of its related entities, holds the present right of possession and control, regardless of who may hold legal fee title, or that is within the public right-of-way. "Commercial mascot" means a person or animal attired or decorated with commercial insignia, images, costumes, masks, or symbols, and/or holding signs displaying commercial messages, when a principal purpose is to draw attention to or advertise a commercial Signs & Outdoor Advertising Displays 3 Ordinance No. 2016- NCMC Chapter 18.47 March 15, 2016 enterprise. This definition includes "sign twirlers," "sign clowns," "sign spinners," "sign twirlers," and "human sandwich board" signs. Also known as "living signs." "Commercial message" means a message that proposes a commercial transaction or pertains primarily to the economic and commercial interests of the message sponsor and/or the sign audience. "Construction site sign" means a sign that is displayed on the site of a construction development project during the period of time of actual construction. "Digital display" means display methods utilizing LED (light emitting diode), LCD (liquid crystal display), plasma display, projected images, or any functionally equivalent technology, and which is capable of automated, remote or computer control to change the image, either in a "slide show" manner (series of still images), or full motion animation, or any combination of them. "Director" means the City Manager or designee. "Directional sign" is a sign used to provide directions to pedestrians and vehicular traffic. "Election period" means that period of time which begins 60 days before a special, general, or primary election in which at least some registered voters in the City are eligible to vote, and ends ten days after such election. "Establishment" means any legal use of land, other than long-term residential, which involves the use of structures subject to the Building Code. By way of example and not limitation, this definition includes businesses, factories, farms, schools, hospitals, hotels and motels, offices and libraries, but does not include single-family homes, mobile homes, residential apartments, residential care facilities, or residential condominiums. Multi -unit housing developments are considered establishments during the time of construction; individual units are not within the meaning of establishment once a certificate of occupancy has been issued or once a full-time residency begins. "Establishment premises" means a specific occupancy within a building or upon a parcel of land, typically having a specific address and discrete entrance(s) and exit(s) so as to maintain a specific identity and location. "Flag" means a piece of fabric or other flexible material, usually rectangular, of distinctive design, used as a symbol. "Freestanding sign" means a sign which is principally supported on the ground by one or more uprights, braces, poles, pylons or other similar structural components. This category includes both monument and pole signs. "Frontage" when used as a measurement reference of a building or establishment premises, shall refer to the distance between the two most distant corners of a building measured in a straight line along the building face bordering the adjoining street. See Glossary pertaining to frontage when made applicable to a parcel of land. The term also refers to the elevation of a building that abuts or adjoins a private or public right-of-way or parking lot. "Garage sale sign" means a sign whose message concerns short-term rummage, estate, boutique, or garage sales of used or handmade common household items from a residential property. "General advertising," also known as "general advertising for hire," means the enterprise of advertising or promoting other businesses or causes using methods of advertising, in contrast to self -promotion or on -site advertising. "Height" means the distance measured vertically from grade to the highest point or portion of the object to be measured or height limited. Signs & Outdoor Advertising Displays 4 Ordinance No. 2016- NCMC Chapter 18.47 March 15, 2016 "Illegal sign" means a sign that was installed without proper City or other required approvals and/or permits at the time it was initially installed, and which has not been legalized by later action. This definition also includes a sign that was erected in conformance with all applicable laws, rules, and regulations in effect at the time of installation, but which was subsequently altered so as to be out of compliance with applicable law, including the terms of permits which authorized construction. All signs described in Business and Professions Code section 5499.1 and defined therein as an "illegal on -premises advertising display" are also within this definition. "Illuminated sign" means a sign whose message is made readable by internal or external lights or light emitting diodes (or functionally equivalent technology), typically (but not necessarily) during hours of darkness. "Install" or "installation" includes but is not limited to the act by which a sign is constructed or placed on land or a structure, or the act of attaching, painting, printing, producing, or reproducing, or using any other method or process by which a visual message is presented or placed upon a surface. "Legal nonconforming sign" means a sign that complied with all applicable laws, rules and policies at the time of installation, and which has not been expanded beyond the originally applicable rules, but which does not conform to currently applicable law and rules. "Mobile billboard" means a sign on a wheeled conveyance (whether motorized or not) or water craft, including those which carry, convey, pull or transport any sign used for general advertising for hire. The term does not include vehicles and vessels that display identification information concerning the usual business or regular work of the vehicle/ vessel owner (not including general advertising). "Motor fuel price sign" means a sign of the type described and required by Business and Professions Code section 13530 et seq. "Monument sign" means a low -profile freestanding sign supported by a structural base or other solid structural features other than support poles, which may contain copy on more than one side. "Mural" or "mural -type sign" means a sign painted on the exterior wall of a building consisting of graphics or images, either alone or in combination with letters. Murals or mural - type signs, including those described as artistic murals, shall be treated as any other sign subject to the signage area requirements. "Non-commercial message" means a constitutionally protected message that addresses topics of public concern or controversy such as, by way of example and not limitation, politics, religion, philosophy, science, art or social commentary. "Offsite sign" means a sign that advertises commercial products, accommodations, services, or activities not provided in or on the property or premises upon which it is located. The on-site/off-site distinction does not apply to non-commercial messages. "Onsite sign" means a sign that advertises the commercial business, accommodation, services, or activities provided on the premises on which the sign is located, or is expected to be provided in the near future, such as "coming soon" movie posters. In the case of developments subject to a master sign program, all establishments subject to the program are considered on - site whenever located within any location subject to the program. All establishments within a shopping center are on -site as to any sign(s) also located within that shopping center. The on- site/off-site distinction does not apply to non-commercial messages. Signs & Outdoor Advertising Displays 5 Ordinance No. 2016- NCMC Chapter 18.47 March 15, 2016 "Outdoors" means a location on undeveloped property or the exterior of a building or structure. "Parcels" or "property" or similar references or descriptions mean parcels defined or delineated by assessor parcel numbers maintained by the County tax assessor or as defined in the Glossary of this Code. "Pennant" is a banner with three sides, or swallow -tail form. "Permanent sign" means a sign that is solidly attached to a building, structure, or the ground by means of mounting brackets, bolts, welds, or other combination of attachment methods, thereby rendering the sign non -moveable or difficult to reposition without the use of machinery, cutting devices, or mechanical devices. See also "temporary sign." "Pole sign" means a permanently mounted, freestanding sign which is supported above the ground by one or more uprights, braces, poles, or other similar structural components. "Projecting sign" is any sign which projects beyond a building face and uses a wall or vertical element of a building as its main source of support. The term includes a double-faced sign that is installed more or less perpendicular to the face of a building so as to allow a message to be viewable from either side. The term does not include signs that are installed along the face of a building and that are completely attached to the face of a building. "Real Estate Sign" means any sign whose message concerns a proposed economic transaction involving real estate, including all signs described in Civil Code 713. "Residential Sign" means a sign displayed on a legal, individual dwelling unit. The term does not apply to management offices of apartment complexes or mobile home parks, or to hotels, motels, inns or other places of transient occupancy. "Responsible Party" means the permittee, property owner, or owner or person in charge of the sign. "Rooftop sign" or "Roof -mounted sign" means a sign that extends above the ridgeline of the roof of a building or a sign attached to any portion of the roof of a building. "Safety Codes" refers to the Building, Electrical, Plumbing, Grading, and similar codes which ensure safe construction. "Shopping center" shall mean a group of commercial buildings as defined in the Glossary. "Sign" as used in this Chapter, generally means the public display of any visually communicative image placed on public display and visible from the exterior of any portion of the public right of way or place open to passage by the public. Notwithstanding the generality of the foregoing, the term "sign" does not include: 1. Aerial banners towed behind aircraft; 2. Architectural features — decorative or architectural features of buildings (not including lettering, trademarks or moving parts), which do not perform a communicative function (examples include color stripes around an office building or retail store); 3. Automated Teller Machines (ATM's), when not used for general advertising; 4. Cornerstones and foundation stones; 5. The legal use of fireworks, candles and artificial lighting not otherwise regulated by this chapter; 6. Grave markers, gravestones, headstones, mausoleums, shrines, and other markers of the deceased; 7. Historical monuments, plaques and tablets; Signs & Outdoor Advertising Displays 6 Ordinance No. 2016- NCMC Chapter 18.47 March 15, 2016 8. Holiday and cultural observance decorations displayed in season, including inflatable objects, on private residential property which are on display for not more than 45 calendar days per year (cumulative, per dwelling unit) and which do not include commercial messages; 9. Inflatable gymnasiums associated with legal residential uses — inflatable, temporary, moveable, gymnasium devices commonly used for children's birthday parties, and similar devices (also called "party jumps" or "bounce houses"); 10. Interior graphics — visual communicative devices that are located entirely within a building or other enclosed structure and are not visible from the exterior thereof; 11. Manufacturers' marks — marks on tangible products, which identify the maker, seller, provider or product, and which customarily remain attached to the product even after sale; 12. Mass transit graphics — graphic images mounted on duly licensed and authorized mass transit vehicles that legally pass through the city; 13. News racks, newspaper vending devices and newsstands; 14. Personal appearance: makeup, masks, wigs, costumes, jewelry, apparel and the like, unless it constitutes a commercial mascot; 15. Safety warnings on motorized or electrified equipment; 16. Searchlights used as part of a search and rescue or other emergency service operation (this exclusion does not apply to searchlights used as attention attracting devices for commercial or special events); 17. Shopping carts, golf carts, horse drawn carriages, and similar devices (any motorized vehicle which may be legally operated upon a public right-of-way is not within this exclusion); 18. Symbols embedded in architecture — symbols of non-commercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently integrated into the structure of a permanent building which is otherwise legal, by way of example and not limitation, such symbols include stained glass windows on churches, carved or bas relief doors or walls, bells and religious statuary; 19. Vehicle and vessel insignia — on street legal vehicles and properly licensed watercraft: license plates, license plate frames, registration insignia, non-commercial messages, messages relating to the business of which the vehicle or vessel is an instrument or tool (not including general advertising) and messages relating to the proposed sale, lease or exchange of the vehicle or vessel. 20. Vending machines, automated intake devices and product dispensing devices which do not display off -site commercial messages or general advertising messages; 21. Window displays — the display of merchandise in a store window, when such merchandise is immediately available for purchase. "Signage" is the collective noun for all signs on a given parcel, lot or location, or within a stated classification; "Sign area" means that portion of a sign which consists of visually communicative copy, including the advertising surface and any framing, trim, or molding but not including the supporting structure, measured one side only, provided that the angle between faces for two- sided signs does not exceed 30 degrees. Signs & Outdoor Advertising Displays 7 Ordinance No. 2016- NCMC Chapter 18.47 March 15, 2016 "Sign copy" means the visually communicative elements, including but not limited to words, letters, numbers, designs, figures, or other symbolic presentation incorporated into a sign with the purpose of attracting attention to the subject matter or message. "Sign face" means the portion of a sign that is available for displaying sign copy, together with any frame, color, panel, ornamental molding, or condition which forms an integral part of the sign copy and which is used to differentiate such sign copy from any wall or background against which it may be placed. Those portions of the supports, uprights, or base of a sign that do not function as a sign shall not be considered as part of a sign face. "Sign height" means the vertical distance of a sign from the uppermost point used in measuring the sign area to the ground immediately below such point or to the level of the upper surface of the nearest curb of a street or alley (other than a structurally elevated roadway), whichever measurement permits the greater elevation of the sign. "Special Event" means an activity or event that occurs rarely or irregularly, is open to the public, and is of a duration not exceeding 7 days. Any event that is subject to a Temporary Use Permit will be considered within this definition. By way of example and not limitation, special events include circus or carnival runs, 4th of July Festival, Easter Egg Hunt, Relay for Life, Christmas Tree Lighting, parking lot sales at shopping centers and malls, holiday celebrations, Auto Heritage Day, etc. "Temporary message" means a message that pertains exclusively to an event which occurs on, or ends on, a particular day. "Temporary sign" means a sign that is constructed of lightweight or flimsy material, and is easily installed and removed using ordinary hand tools. Any sign that qualifies as a "structure" under the Building Code is not within this definition. "Visibility triangle" means at the intersection of any two or more streets, that area extending horizontally 50 feet from the corner of the intersection and vertically, from a height of three feet to a height of eight feet. "Visible to the exterior" refers to the placement of a sign or banner within the interior first eight feet of a commercial or industrial building or structure in such a manner so that it or its message is readily visible on an immediately contiguous public right-of-way, parking lot, or parcel. To be visible does not require that the message be understandable or readable. "Wall sign" means a sign that is attached to, erected against or painted on the wall of a building or other vertical structure. "Warning sign" means a sign that is posted to provide notice of danger, such as "Beware of Dog," "Railroad Crossing," "Danger High Voltage" or noting the location of underground utilities. "Window sign" means a sign that is painted or mounted on a window pane, or that is mounted within five feet of a window and oriented for viewing by exterior passersby. "Zone" refers both to the zone classifications given in 18.20.020, and to the specific areas or districts to which a given zoning classification applies. 18.47.050 Sign Permits, Other Sign -Related Decisions, Appeals. A. Sign Permit Generally Required. Unless exempted from the sign permit requirement, all signs regulated by this Chapter may be installed, maintained, erected, or displayed only pursuant to sign permit pursuant to this Chapter, and a finding of compliance is made by the Planning Division, using the design criteria identified in this Chapter and other Signs & Outdoor Advertising Displays 8 Ordinance No. 2016- NCMC Chapter 18.47 March 15, 2016 applicable regulations. A sign permit may be approved subject to conditions, so long as those conditions are required by this Chapter or some other applicable law, rule or regulation. B. Compliance Required. No permit shall be issued for any sign or sign structure except in compliance with the provisions of this Chapter. A sign permit may be subject to compliance with permitting requirements imposed by other sources of law, including the safety codes for building, electrical, plumbing, grading, etc. Where there is a conflict between the provision of this Chapter and other applicable regulations, the more restrictive shall apply. C. Right to Permit or Display. When any sign permit application is complete and fully complies with all applicable provisions of this Chapter, and all other applicable laws, rules and regulations, the permit shall be approved and issued within the required time. In the case of signs which are exempt from the sign permit requirement, there is a right to erect, display, and maintain such signs as are authorized by this Chapter, subject to the applicable rules. This "right to permit" provision does not apply when the relevant city law is under active consideration for amendment at the time the application for a sign permit is submitted, or when the rules or regulations relevant to the application are changed prior to the expiration of the time for decision. D. Legally Existing Signs; Alterations. Signs legally existing prior to the effective date of this Chapter shall be exempt from the sign permit requirement unless a structural alteration is made, the sign area or any other point of nonconformity is enlarged or expanded, or there is some other change in the structural elements of the sign. Structural alterations and expansions require a sign permit. E. Review. All sign permit applications shall be initially reviewed by the Director. In the case of any discretionary permit in which signage is included, such as a master sign program, a specific plan including signs, a variance, or an appeal, the Director shall prepare a report for the body which shall hear the matter, the Planning Commission or City Council. The report may, but is not required, to include recommendations. F. Application for a Sign Permit. Any person seeking a sign permit for a sign shall submit to the Director a written application for such. The Director shall prepare a sign permit application form and provide it to any person on request, along with such other materials and information as applicants need to submit for a permit. The same form may be used for both the application and the decision thereon. A single form may be used for multiple signs on the same site; however, the Director may make separate decisions as to each sign. A sign permit application is complete only when it is accompanied by the appropriate application fee, in an amount set by resolution of the City Council. G. Application Contents. The sign permit application form may call for the following information: 1. Name, address and telephone number of the applicant and, if applicable, the name, address, and telephone number; when the applicant is not the holder of legal title to the property, consent to the installation of the sign by the person(s) or entities who hold legal title and the present right of possession and control of the property; when the sign is proposed to be installed by a sign contractor, the name, address, contact information, and the license number, if any, of the contractor; 2. As to the proposed location for the sign, multiple sets of a fully dimensioned Site Plan (drawn to scale) indicating the street address, Assessor's Parcel Number, zone classification, all property lines, public and private street lines (including center Signs & Outdoor Advertising Displays 9 Ordinance No. 2016- NCMC Chapter 18.47 March 15, 2016 lines), structures, easements, utility poles and wires, and the location and size (in square feet) of all existing and proposed signs; 3. As to existing signs already on parcel, information as to whether each is permitted or exempt from permitting; 4. Accurate and scaled building elevation showing existing and proposed building signs; including existing and proposed sign area of each individual sign and the combined area of all signs (including those already existing or previously permitted) in relation to the maximum allowed sign area; 5. A statement as to whether the sign is intended to be used in whole or in part for off -site commercial messages, advertising for hire or general advertising; 6. A statement or graphical description as to whether the proposed sign, or any part of it, is proposed to utilize any of the following physical methods of message presentation: sound; odor, smoke, fumes or steam; rotating, moving or animated elements; activation by wind or forced air; neon or other fluorescing gases; fluorescent or day -glow type colors; flashing or strobe lighting; light emitting diodes, liquid crystal displays or other video -like methods; digital display technology; use of live animals or living persons as part of the display; mannequins or statuary; 7. A statement as to whether the property or parcel on which the sign is proposed to be erected or displayed, or any currently existing sign thereon, is the subject of any outstanding notice of zoning violation or notice to correct, including whether any such deficiencies are to be remedied by the proposed application; 8. Photographs of the existing property, parcel and/or building on which the sign is proposed to be erected or displayed; 9. In the case of any proposed sign which is subject to a discretionary process, such as a variance, conditional use permit, or sign program, all information required by such process(es); 10. The Director is authorized to modify the list of information to be provided on a sign permit application; however, additions may be made only after thirty (30) days public notice. The Director is also authorized to request, require, or accept application materials, in whole or in part, in electronic form, and to specify the acceptable computer formats for such submissions. H. Completeness. As the first step in processing a sign permit application, the Director shall determine whether the application is complete. If the application is not complete, the applicant shall be so notified in person or in writing initially within 30 days of the date of receipt of the application; the notice of incompleteness shall state the points of deficiency and identify any additional information necessary. The applicant shall then have thirty (30) calendar days, to submit additional information to render the application complete. Disqualification. No sign permit application will be approved if: 1. The applicant has installed a sign in violation of the provisions of this Chapter and, at the time of submission of the application, each illegal or non -permitted sign has not been legalized, removed or a cure included in the application; 2. There is any other existing code violation located on the site of the proposed sign(s) (other than an illegal or nonconforming sign that is not owned or controlled by the applicant and is located at a different establishment) which has not been cured at the time of the application, unless the noncompliance is proposed to be cured as part of the application; Signs & Outdoor Advertising Displays 10 Ordinance No. 2016- NCMC Chapter 18.47 March 15, 2016 3. The sign application is substantially the same as an application previously denied, unless: (i) twelve (12) months have elapsed since the date of the last application, or (ii) new evidence or proof of changed conditions is furnished in the new application; 4. The applicant has not obtained any applicable required use permit or conditional use permit. However, applications for such permits may be processed simultaneously with a sign permit application. J. Applications for Multiple Signs. When an application proposes two or more signs, the application may be granted either in whole or in part, with separate decisions as to each proposed sign. When a multiple sign application is denied in whole or in part, the Director's written notice of determination shall specify the grounds for such denial. K. Discretion. When discretion is authorized for a master sign program or site plan review, that discretion may be exercised only as to location, structural and safety factors, and not as to message content, graphic design or artistic merit. Permissible factors for consideration include: style or character of existing improvements upon the site and lots adjacent to the site; construction materials; number and spacing of signs in the area; the sign's height, design, and location in relation to its proposed use; form, proportion, scale, overall sign size; potential effect of the proposed sign on driver and pedestrian safety; potential blocking of view (whole or partial) of a structure or facade or public view of historical or architectural significance; potential obstruction of views of users of adjacent buildings. L. Master Sign Programs. Permit applications for Master Sign Programs as part of planned commercial, office -professional and industrial development shall include the above information as part of a Site Development Plan or Specific Plan. When approval is sought for a development that includes one or more signs, then the sign aspects of the proposed development must satisfy the applicable provisions of this Chapter. In addition, when a development project will have 6 or more leased spaces, it must also comply with the Master Sign Program requirements set forth in Section 18.47.130. Such proposals may be reviewed by the Director and shall be decided by the Planning Commission. In preparing a report for the Planning Commission, the Director may, but is not required to, make recommendations. M. Revocation or Cancellation. The Director may revoke any approval or permit upon refusal or failure of the permittee to comply with the provisions of the permit and the requirements of this Chapter, after written notice of noncompliance and at least fifteen (15) calendar days opportunity to cure. However, opportunity to cure does not apply when a sign, by virtue of its physical condition, constitutes an immediate and significant threat to public safety. N. Permits Issued in Error. Any approval or permit issued in error may be summarily revoked by the Director upon written notice to the permittee, stating the reason for the revocation. "Issued in error" means that the permit should not have been issued in the first place and includes but is not limited to omissions, errors or misrepresentations in the application materials, and oversights or errors in the processing thereof. O. Inspections. All signs subject to one or more safety permits (building, plumbing, electrical, grading, etc.) require final inspection and approval by the Building Official. P. Sign -Related Decisions. Challenges or objections to sign -related decisions, notices and orders, other than approval or denial of a sign permit, do not require a particular form, but must be in writing, signed by the applicant or challenger, and particularly state the matter challenged and the grounds therefore. Challenges shall be made to the Director within 30 days of the date of the decision, notice, and/or order. Challenges and objections to sign - related decisions not made in accordance with these procedures shall not be eligible for appeal. Signs & Outdoor Advertising Displays 11 Ordinance No. 2016- NCMC Chapter 18.47 March 15, 2016 Q. Levels of Review; Order of Review. Except for signs subject to initial review by the Planning Commission, initial review and decisions on all sign permit applications shall be by the Director unless otherwise stated herein; appeal is first to the Planning Commission and then to City Council. R. Safety Codes. When a proposed sign, by virtue of its physical, structural, location, and other non -message factors, is subject to any permits or requirements under the safety codes, then satisfaction of such requirements shall be a condition of the sign permit. S. Permit Denial. When a sign permit application is denied, the denial shall be in writing and sent or delivered to the address shown on the applicant's application form, and shall specifically state the grounds for denial. T. Timely Decision. At each level of review or appeal, the decision shall be rendered in writing within 30 calendar days. The time period begins running when an appeal, challenge, or objection is received, the application is complete (or is deemed complete because no notice of incompleteness has been given), an amendment is received, or the notice of appeal has been filed, whichever applies. The timely decision requirement may be waived by the applicant or appellant. If a decision is not rendered within the required time, then the application or appeal shall be deemed denied; in the case of an appeal, the lower level decision shall be deemed affirmed. U. Appeal. Any decision regarding a sign permit application or other sign -related decision may be appealed by any affected person. Notices of Appeal and challenges and objections to sign -related decisions must be filed with the City Clerk within thirty calendar days of the decision; if City offices are not open on the thirtieth day, then the time period is extended to the next day City offices are open to the public. Appeals shall be heard by the Planning Commission. The decision of the Planning Commission may be appealed to the City Council pursuant to 18.12.060, as augmented by this Chapter. The appeal right arises at the earliest of: a) the date of the written decision that is delivered to the applicant, or b) the time for decision has run without a written decision. The Notice of Appeal, Objection, or Challenge must state specifically the matter appealed from and the grounds for appeal. Notices of Appeal must be signed by the appellant or their authorized agent, representative, or attorney. V. Status Quo. During the pendency of review or appeal, the status quo of the subject sign(s) shall be maintained. This does not apply whenever a sign, by virtue of its physical condition, constitutes an immediate threat to public safety. W. Judicial Review. Following final decision by the City Council, any affected person may seek judicial review of the final decision on a sign permit application or other sign -related decision pursuant to the applicable provisions of the California Code of Civil Procedure. X. Notices. Written notices by the City, required within this Chapter, shall be deemed given on the earliest of the following: when personally delivered, when publicly posted, or on the day of mailing. Notices are deemed effective when sent to the last known address of the addressee. 18.47.060 Signs Exempt From Sign Permit Requirement. The signs listed in this section are exempt from the requirement of prior approval (either by sign permit or site plan review), but still subject to the rules stated in this Chapter. When any residential sign meets the definition of "structure" in the Building Code, or is electrified, then compliance with all safety codes (building permits, electrical permits, etc.) is required. Signs may also be exempted from Signs & Outdoor Advertising Displays 12 Ordinance No. 2016- NCMC Chapter 18.47 March 15, 2016 the sign permit requirement by other sections of this Chapter, other chapters of this code, or other bodies of law. A. Residential Signs. All legal residential dwelling units are allowed a defined maximum cumulative display area, which is available at all times, subject to: 1. Physical types: residential signs may be free standing or mounted on doors, walls, or fences; flag poles not exceeding 25 feet cumulative of linear footage; roof - mounted signs are prohibited; 2. Permissible message types: any variety or combination of constitutionally protected noncommercial speech (including but not limited to political / election signs); real estate signs (must be removed not more than five days after the proposed economic transaction is completed, or the property goes off the market); garage sale signs compliant with the other provisions in the Municipal Code addressing garage sales which is currently set forth at Section 7.21.060; construction site signs; 3. Prohibited message types: commercial messages other than those specified in the preceding subsection; general advertising for hire; any message whose public display is illegal; 4. Maximum display area: 16 square feet per parcel per frontage at all times; except that during the Election Period, when there shall be no limit on the maximum display area. The maximum display area is the cumulative total of all signs that are subject to the area limit. Not included within with the cumulative total: indicators of street address and occupants' name(s), visual images mounted on the ground (i.e., door mats); 5. Maximum sign size: 6 square feet per sign at all times; except during the Election Period when the maximum individual sign size is 16 square feet. The maximum sign size is the maximum square footage allowed for an individual sign. 6. Illumination: special illumination of residential signs is prohibited; residential signs may be illuminated only by natural and legal ambient lighting; B. Construction Site Signs, subject to: 1. On single-family residential properties, construction site signs shall be no larger than 20 square feet per street frontage; 2. For all other construction projects: maximum display area for signs shall be no greater than 50 square feet per frontage; 3. Construction site signs must be removed prior to final inspection or before issuance of a certificate of completion or certificate of occupancy, as applicable; 4. Illumination: prohibited. C. Signs required or authorized by other bodies of law or court orders; D. Signs required by the fire department to designate fire lanes; E. Nameplate identification signs and combination name plates and address signs with letters that do not exceed three inches in height, are not illuminated, and do not exceed four square feet in area; F. Window signs that do not exceed 15% of the area of a window or 12 square feet, whichever is less; G. Warning signs such as "no parking," "watch dogs," "private property," and "security service" that are not illuminated, do not exceed one square foot in area each, and do not project over a public right-of-way. No more than three of these signs shall be allowed per premises; Signs & Outdoor Advertising Displays 13 Ordinance No. 2016- NCMC Chapter 18.47 March 15, 2016 H. Bulletin boards, provided they do not exceed sixteen square feet in area, do not project over a public right of way, and are not illuminated; 18.47.070 Prohibited Signs. The signs listed in this section are prohibited in all zones and at all times unless explicitly authorized or allowed by another provision of this Chapter, another chapter of the code, or other applicable law. 1. New billboards, conversion of existing billboards to digital or dynamic or tri-vision display, expansion of the display face of any existing billboard (except as authorized by state law), and the installation of an additional display face to an existing billboard structure; 2. Mobile billboards, but not including taxis or shuttle vehicles or public transportation vehicles that legally pass through the city; 3. Signs mounted on roofs, water towers, radio, television, or cell phone towers; 4. Signs mounted on fences; 5. Signs mounted on trees, bushes, or vegetation; 6. Signs placed on property (public or private) without consent of the property owner or other party holding the present right of possession and control; 7. Signs that obstruct any window, door, gate or opening used or required as a means of regular ingress or egress, legal light or ventilation, as a fire escape or other emergency access or escape; 8. Signs displayed on vacant or undeveloped lots; 9. Signs whose intensity of illumination or size, shape or location interferes with the safe operation of a vehicle or creates distraction to the operator of a wheeled vehicle on adjoining public streets; 10. Signs mounted in such a manner as to obstruct the free flow of vehicular or pedestrian traffic; 11. Signs that are confusingly similar to authorized, official traffic and pedestrian control signs, even though they are in fact not traffic control signs; 12. Signs using animation, flashing, blinking, or intermittent light exceeding any of these operational parameters: a. Illumination equivalent to incandescent light bulbs of sixty watts maximum per bulb; b. Flashes or blinks more than 15 times per minute; c. Chaser lights; d. High intensity neon lights, tubes and flashing lights are prohibited on animated and flashing signs; e. Rotating beacon lighting elements. 13. Advertising or attention -getting devices that are inflatable, float in air or water, or are activated by wind or forced air; 14. Temporary signs displaying off -site commercial messages or used for general advertising for hire, unless required by state law; 15. Signs placed in the public right-of-way, unless explicitly allowed by Chapter 13.28. 16. Signs mounted on motor vehicles parked in the public right of way. Signs & Outdoor Advertising Displays 14 Ordinance No. 2016- NCMC Chapter 18.47 March 15, 2016 18.47.080 Permanent Signs. Unless specifically exempted herein, all permanent signs require a sign permit. The following three types of signs are categorically exempt from this sign permit requirement: 1) signs installed and displayed pursuant to court order, statutory requirement or authorization; 2) signs on residential properties; 3) signs posted by any governmental entity in the execution of its official duties. A. Signs less than six square feet. The display on any non-residential parcel of any single sign or banner that is less than six square feet in area is allowed and is exempt from obtaining a sign permit. B. Directional Signs. Directional signs that do not exceed a total of three square feet in size per sign, and total area combined does not exceed nine square feet per parcel, are allowed, and are exempt from obtaining a sign permit. C. Freestanding Signs. A maximum of two freestanding or monument signs, not to exceed a total of one hundred square feet, are allowed, subject to a sign permit, for single- family subdivisions, multi -family developments, and mobile home parks. D. Flags. On residential land uses, a total of 24 square feet of flag area may be displayed at any and all times; on non-residential land uses, there shall be no limit to the allowable flag area that may be displayed at any and all times. The number of flag poles is limited to cumulative linear footage as follows: 25 feet on residential lots and 35 feet on all other parcels or lots. Flag poles intended for permanent use are subject to appropriate building permits. E. Permanent Signs in Commercial, Industrial, Mixed -Use, and Institutional Zones. Except in shopping centers (where special rules, stated in the next subsection, apply) and public assembly uses (to which special rules, stated below, apply), permanent signs may be installed on or along the face of a building in commercial zones and commercial uses in a mixed -use zone, and industrial or institutional zones, subject to the following: 1. Signs exceeding twenty five square feet in display area: a. Maximum number: one sign per establishment premise per frontage along a street, freeway, or parking lot; b. Sign area on the primary frontage shall not exceed 30 percent of the area of the building face or four square feet of sign for each linear foot of building face along that frontage, whichever is greater; c. Sign area on a secondary frontage shall not exceed 15 percent of the area of the building face or two square feet per linear foot of secondary frontage, whichever is greater; d. The sign face shall not be located, such as by a cabinet, deep lettering, or architectural feature, more than 18 inches from a building face. 2. Permanent signs with 25 square feet or less of display area in Commercial, Industrial, Institutional, Mixed -Use and Multi -Family Zones: a. Location: only in windows or along the face of a building; b. Maximum total cumulative area: not exceeding ten percent of the wall or elevation on which the sign is placed; F. Permanent Signs in Shopping Centers. Permanent signs for establishments within a shopping center shall be limited to one per establishment premises per frontage on a common walkway, parking lot, driveway, alleyway, street, or freeway. The size and placement of these signs shall conform with the standards specified for Permanent Signs in Commercial, Industrial, Mixed -Use and Institutional Zones (Subsection 18.47.080(E)) as well as standards Signs & Outdoor Advertising Displays 15 Ordinance No. 2016- NCMC Chapter 18.47 March 15, 2016 that may be applied through any required City Council or Planning Commission approval, including but not limited to a conditional use permit, planned development permit, specific plan, or variance. G. Public Assembly Uses. On property used for public assembly, with periodically changing programs, the following signs may be installed and displayed, subject to a sign permit: 1. Wall sign: one wall mounted sign not to exceed twenty square feet in area per street frontage or parking lot frontage; and 2. One freestanding changeable copy directory sign not to exceed six feet in height and twelve square feet in area per street frontage or parking lot frontage shall be allowed; 3. Provided, however, that the signs shall be architecturally related to the structure to which they are appurtenant; 4. Number Limit: No more than two wall -mounted signs plus no more than two freestanding signs. H. Pole or Monument Signs in Commercial, Industrial, Mixed -Use, and Institutional Zones. Pole -mounted or freestanding signs are allowed subject to a sign permit in the commercial and industrial zones and non-residential uses in a mixed -use zone, subject to: 1. Number Limit: Pole signs or monument signs shall be limited to one sign per frontage on street, freeway, or parking lot, and may include a cluster sign identifying individual businesses on the parcel(s); 2. Display Area Limit: a. The total area of any sign installed along the primary frontage shall not exceed four square feet per lineal foot of property on the primary frontage; b. The total area of any sign installed along each secondary frontage shall not exceed two square feet per lineal foot of property on the secondary frontage; 3. Location: Sign structures shall not be placed within the required setback area applicable to that zone, except that projecting signs may protrude into or overhang a maximum distance of one-half of the setback. 4. Height Limit: Pole signs may be 1'/2 feet high for each 1-foot away from the centerline of the street on which the sign is located, but in no case exceeding: a. MXC 1 & MXD 1 zones - 50 feet; b. MXC 2 & MXD 2 zones - 50 feet. Signs exceeding 50 feet may be allowed if located near a freeway and approved by the Planning Commission as compatible with the other uses near the site; c. CA & CS zones - 50 feet. Signs exceeding 50 feet may be allowed, up to a maximum of 75 feet, if located near a freeway and approved by the Planning Commission as compatible with the other uses near the site; d. Industrial zones - 70 feet. e. Institutional zones — 50 feet. Rotating Signs in Commercial and Industrial Zones. Signs that rotate are restricted to no more than eight revolutions per minute. Rotating signs are allowable only in commercial and industrial zones. J. Projecting Signs in Commercial, Industrial, Mixed -Use, and Institutional Zones. Projecting signs may be installed and displayed, subject to a sign permit, in all commercial, industrial, mixed -use, and institutional zones, subject to: 1. Projecting signs shall not project over any public right-of-way, including streets or alleys, except as provided in Subsection D, below; Signs & Outdoor Advertising Displays 16 Ordinance No. 2016- NCMC Chapter 18.47 March 15, 2016 2. The maximum height of any projecting sign shall be 12 feet, and may project above any eave or parapet of less than 12 feet in height, but may not project inward over any such eave or parapet. 3. Maximum display area for all sides: 32 square feet. 4. Projecting signs may project over street parkways and required setback areas a maximum of one-half of the street parkway or setback width. For the purpose of this section, "street parkway" is defined as that part of the public street right-of-way lying between the front property line and the edge of the roadway. 5. Number limit: No more than one projecting sign shall be placed on each street frontage per business premises. 6. Qualification: A projecting sign shall be permitted only in lieu of a freestanding or marquee sign, and may not be utilized in addition to a freestanding or marquee sign. 7. Design: Projecting signs shall be supported so as to appear to be an architectural and integral part of the building. The sign shall be free of any extra bracing, angle iron, guy wires, or cables. K. Digital Display Signs. Signs using digital display are allowed in the following zones: industrial, commercial, and mixed -use districts, subject to a sign permit, and subject to: 1. Maximum height: the same rule that would apply to the same sign if it were not using digital display; 2. Minimum requirement: digital display must be part of a master sign program; 3. Maximum display area: a. For properties that front on arterial roadways, the digital display portion of the sign structure shall not exceed 25% of the allowable display area; b. For properties that front on highways, the digital display portion of a sign shall not exceed 50% of the allowable display area; c. Maximum Number: No more than one sign using digital display may be permitted on a site. The electronic message display may be single -faced or double- faced. d. Signs using digital display may not project moving images or images that appear to move; each still image must be on display a minimum of 8 seconds; transitions between still images shall not exceed one second. e. Light Intensity: each sign using digital display shall include a photometric sensor that will adjust the intensity of the sign for daytime and nighttime viewing. The nighttime intensity shall be limited to 0.3 foot-candles (over ambient levels) as measured at a preset distance as established by the Lewin Report as prepared for the Outdoor Advertising Association of America (OAAA). The city may modify or further restrict the intensity of any DAD display should the lighting create a distraction to drivers or an adverse effect on nearby residential property. f. Operational Hours: the digital display portion of any sign shall not be operated between the hours of 10:00 p.m. and 7:00 a.m. g. Signs using digital display shall be shielded or the light intensity reduced as necessary to prevent annoying glare impacting surrounding properties. h. All new signs using digital display, which are not attached to a building, shall be mounted on one support column only. Signs & Outdoor Advertising Displays 17 Ordinance No. 2016- NCMC Chapter 18.47 March 15, 2016 Signs using digital display may be located on the wall of a building, provided the sign does not obscure any of the building's windows, architectural features, or other architectural details. j. No sign using digital display may be placed within one mile of another sign using digital display on the same side of a highway. No sign using digital display may be placed within 1000' of another digital display on any street. k. Signs using digital display are limited to noncommercial messages and onsite commercial messages; such signs may not be used as billboards or for purposes of general advertising for hire. 18.47.090 Temporary Signs. All temporary signs must have attached to them contact information for the persons and/or entities placing the signs on public display. Such information must include, at a minimum, the name of the person(s) and/or entities, and currently valid contact information such as phone number, mailing address, or email address. The purpose of this requirement is to give the City a way to contact persons who exceeded the time limit or other rules regarding display of certain signs, and give them an opportunity to cure the violation. The contact information must be in an easily readable, common typeface, such as Times New Roman, Garamond, Helvetica, Arial, or similar. Type size much be at least ten point. A. Construction Site Signs. Temporary signs may be installed and displayed on construction sites without permit, subject to: 1. The maximum total area for signs at single-family residential construction projects shall be 20 square feet per street frontage; 2. The maximum area of signage at other construction projects shall be 50 square feet per street frontage; 3. For any request for square -footage exceeding the limits set forth in Subsections A.1. and A.2., a temporary use permit is required, the granting or denial of which shall be based solely on objective criteria such as time, location, and size; 4. All signs must be removed prior to and as a condition of the final inspection and approval of the project. B. Temporary Signs Regarding Real Property Offered For Sale or Lease. Temporary signs may be installed and displayed on real property that is currently offered for sale or lease, or otherwise pursuant to Civil Code 713, without a sign permit, subject to: 1. A maximum of two temporary signs may be installed on developed or undeveloped property, with the following requirements and specifications for the sign: a. The maximum area of signage allowed by this section per parcel per street frontage in commercial, industrial, mixed -use, multi -family, or institutional zones shall be 50 square feet; b. These signs shall not be specially illuminated; c. Such signs shall be removed within ten days following the lease or sale of the premises on which the sign is displayed. C. Temporary Signs for Special Events. Temporary signs may be installed and displayed when related to and for the duration of thirty (30) days prior and five (5) days after a special event, subject to: 1. Special Event Signs in Commercial, Industrial, Multi -family, Mixed -use and Institutional zones Signs & Outdoor Advertising Displays 18 Ordinance No. 2016- NCMC Chapter 18.47 March 15, 2016 a. Temporary signs which do not cumulatively exceed 32 square feet in display area per street frontage, are allowed subject to a special event permit; b. Temporary signs, except flags and banners, shall not be fastened directly to the exterior wall or face of any building. Temporary signs may be displayed in windows or on display boards, provided the combined total area of all signs does not exceed ten percent of the area of the building face upon which the signs are mounted. (See Section 18.47.120 for restrictions on flags and banners.) D. Temporary Signs in Residential Zones. Refer to Section 18.47.060 for signs in residential zones. 18.47.100 Vehicle Signs. Buses and taxis that legally traverse the public streets may display advertising; however, mobile billboards are prohibited on public streets and parking spaces. 18.47.110 Murals. Murals or mural -type signs, including those described as artistic murals, shall be treated as any other sign subject to signage area requirements. 18.47.120 Flags, Banners, and Pennants. Permit required: All banners require the approval of the planning division. In order to obtain approval, see application and drawings required at the city planning division. A. Auto Sales Lots. These provisions apply to all motor vehicle sales. Flags, banners, and pennants may be displayed on automobile sales lots without time limitation or site plan review, provided that: 1. The displays are properly maintained; 2. Displays are limited to the perimeter of the lot; 3. Displays do not exceed a height of twenty-five feet above the ground; 4. Displays may not be used in place of a permanent sign. B. Other Commercial and Industrial Uses. Flags, banners, and pennants may be displayed on other commercial and industrial uses for a cumulative period of sixty days within each calendar year. The time limit commences when a banner permit is issued by the planning director. The sixty-day period may be divided into two occasions per calendar year, provided the total display time does not exceed sixty days per calendar year. A banner permit fee and an administrative fee in an amount representing the anticipated city enforcement costs in causing the applicant to remove flags or banners shall be paid to the city treasurer at the time of application for site plan review. The administrative fee shall be refunded upon the verified removal of the flag or banner by the specified deadline. C. The following shall apply to all displays of commercial flags, banners, and pennants, except for displays on auto sales lots: 1. Must be removed by the owner or occupant within fifteen days after a determination by the city manager or that the display is improperly maintained or the flag, banner or pennant is tattered or worn; 2. Shall not be larger than forty square feet (cumulative of all visible copy/image areas); 3. Shall not be displayed in lieu of a permanent sign; 4. Shall not be placed on a roof, placed in required yard areas, or landscaped areas; Signs & Outdoor Advertising Displays 19 Ordinance No. 2016- NCMC Chapter 18.47 March 15, 2016 5. Must be compatible with the primary building's appearance; 6. Violation of the time limits shall render the site ineligible for issuance of a permit for display of a flag, banner or pennant for a period of one year from the date that the violation is abated; 7. The restrictions of this section shall also apply to signs and banners located within the first eight feet of the interior of commercial or industrial premises when such sign or banner is visible to the exterior. 18.47.130 Master Sign Programs. Purpose and Applicability. The purpose of the master sign program provisions is to provide a coordinated approach to signage for National City's business districts, which include but not limited to the Harbor District, Downtown, Mile of Cars, and Plaza Bonita. Whenever a development project will have 6 or more separately leased spaces, then a master sign program is required. A. Approval. A master sign program shall require the approval of the planning commission and the city council, after considering the proposed design standards. B. Design Standards. Master sign programs shall feature a unified and coordinated approach to the materials, color, size, type, placement, and general design of signs proposed for a project or property. C. Effect of Master Sign Program. All subsequent signs proposed for a development or property subject to an approved master sign program shall comply with the standards and specifications included in the master sign program. 18.47.140 Nonconforming Signs; Abandoned Uses. Signs that were legal when first installed, and which have not been modified or expanded in a manner that was illegal at the time of modification or expansion, may continue in use, so long as there is no modification or expansion which violates the regulations of this Chapter. If the size or configuration of a parcel or building is changed by the subdivision or splitting of the property or alterations to the building or parcel, property identification signs and outdoor advertising signs on the resulting properties shall be required to conform to the sign regulations applicable to the newly created parcel or parcels, at the time such change becomes effective. Nonconforming signs shall be removed or made conforming when the business or property changes occupancy or ownership. A. Change of Land Use / Nonconforming Signs. When there is a change in the use of land upon which are located signs that do not conform to this Chapter, then all signs on the parcel, lot, or leasable space must be brought into conformance with this Chapter and all other applicable laws, rules, regulations and policies. B. Abandoned Site or Building. When the use of any parcel or building is vacated, terminated, or abandoned for any reason for a period of more than ninety consecutive days, the owner or person in possession of the property shall be responsible for the physical removal of all signs on the property, building or wall(s), and for painting over the surface so as to obliterate any painted or printed signs on the building so that the copy is not visible, within thirty days following notice from the city. Removal, painting out, or obliteration shall be performed in a manner that does not create a blighting influence. Any sign that relates or pertains to an establishment that is not actually operating on the same site for a period of ninety (90) or more Signs & Outdoor Advertising Displays 20 Ordinance No. 2016- NCMC Chapter 18.47 March 15, 2016 consecutive calendar days shall be considered abandoned. Legal nonconforming use rights are extinguished when a sign qualifies as abandoned. 18.47.150 Safety, Maintenance, and Refacing. A. Safety Codes — Compliance Required. All signs must comply with the applicable Uniform Building, Mechanical, Electrical Codes, and other safety codes adopted by the City. Safety Code Permits for installation shall be obtained, when required, prior to any installation, from the director of building and safety. B. Maintenance. All signs and their supporting structures and components shall be maintained in a state of safe condition and good repair. Signs shall be "face washed" at least once a year. Electrically energized components must bear the seal of approval of an approved testing laboratory. Broken faces and burned -out lamps, bulbs, or tubes must be replaced within thirty days from the date of notification from the City. All permanent signs shall be "face washed" at least once a year. Electrically energized components must bear the seal of approval of an approved testing laboratory. Broken faces and burned -out lamps, bulbs, or tubes must be replaced within fifteen days from the date of notification from the city. C. Refacing. Changing the copy or refacing of a sign shall require a sign reface permit. No consideration of message content shall occur. The purpose is to maintain an inventory of signs. 18.47.160 Enforcement and Removal. A. Public Nuisance. All violations of this Chapter are declared to constitute public nuisances which may be abated by any method provided by law. B. Enforcement. Each day of violation or non-compliance with these regulations shall be deemed as a separate offense and subject to all remedies available at law. Legal procedures and penalties shall be in accordance with the enforcement procedures established by the municipal code or state law. C. Illegal Signs. Illegal signs may be abated by the City in accordance with its Municipal Code, state law, including but not limited to Business and Professions Code 5499.1 et. seq., or state law on abatement of public nuisances, or as otherwise provided by law. D. Summary Abatement — Safety Hazards. If any sign is an immediate threat to the public health and safety by virtue of the physical condition of the sign structure, said sign may be immediately and summarily removed with the cost of such removal charged to the property owner in accordance with this Chapter. E. Notice of Violation. Whenever any sign or part thereof, other than those causing an immediate threat to the public health and safety, constitutes an illegal sign and/or is erected or maintained in violation of this Chapter, the Director shall give written notice to all Responsible Parties to remove the sign or to bring it into compliance. The notice shall specify the nature of the violation, and give directions for a cure, which may include complete removal or replacement by a specific date. The notice shall advise the permittee, owner, or person in charge of the sign of the hearing rights established by this Chapter. The date for removal specified in the written notice shall not be less than ten (10) days from the date of the mailing of the notice for permanent signs; and, the date for removal specified in the written notice for temporary signs shall not be less than seven (7) days from date of the mailing of the notice. The responsible party receiving notice may request a hearing as detailed in 18.47.050. F. Removal of Uncured Violations. Whenever the Responsible Parties fail to comply with an order of the Director made pursuant to this Section, and the time for cure has Signs & Outdoor Advertising Displays 21 Ordinance No. 2016- NCMC Chapter 18.47 March 15, 2016 elapsed without the cure being effected, the Director may remove the sign, or order it removed, either by the City's own force or by a private party under contract. The expense of the removal may be charged, jointly and severally, to any and all responsible parties. Such amount shall constitute a debt owed to the City. No permit shall thereafter be issued to any permittee, owner, or person in charge of a sign who fails to pay such costs. Any costs, including attorney's fees, incurred by the City in collection of the costs shall be added to the amount of the debt. G. Cumulative Remedies. The provisions of this Section are alternative and additional remedies for the enforcement of this Chapter. Nothing in this Section shall preclude the City from enforcing the provisions of this Chapter by any other criminal, civil, or administrative proceeding. 18.47.170 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. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Signs & Outdoor Advertising Displays Ron Morrison, Mayor 22 Ordinance No. 2016- NCMC Chapter 18.47 March 15, 2016 CC/CDC-HA Agenda 3/1/2016 — Page 323 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, 1) awarding a contract to Dick Miller, Inc. in the not -to -exceed amount of $1,276,903.10 for the Plaza Boulevard & 14th Street Improvements Project, CIP No. 15-10; 2) authorizing a 15% contingen CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 1, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract to Dick Miller, Inc. in the not - to -ex eed ermni int of $1 ry 7R Q03.10 fnr the Plazas Bcu ievardr A 14 h Street Improvements Project, CIP No. 15- 10; 2) authorizing a 15% contingency in the amount of $191,535.47 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. PREPARED BY: Jose Lopez, Civil Engineering Tech. PHONE: 619-336-4312 EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. DEPARTMENT: EngirieeringiPubiic Works APPROVED BY: APPROVED: APPROVED: 296-409-500-598-6187 (SANDAG SGIP Grant): $700,000.00 307-409-500-598-6035 (Prop A - Street Resurfacing): $500,000.00 307-409-500-598-6166 (Prop A - Safe Routes to School): $76,903.10 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt Resolution awarding a contract to D Miller, Inc. in the not -to -exceed amount of $ €,276,903.10 for the Plaza Boulevard & 14th Street Improvements Project, CIP No. 15-10. BOARD 1 COMMISSION RECOMMENDATION: NIA ATTACHMENTS: 1. Explanation 2, Bid Opening Summary 3. Three Lowest Bidders Summary 4. Resolution EXPLANATION The project represents the tinai phase of enhancements to the Downtown-Westside Community Connections project. The genera! scope of work includes traffic calming, pedestrian, bicycle and transit enhancements, such as new crosswalks with corner bulb -outs and high intensity signing and striping, pedestrian curb ramps for ADA compliance, bike sharrows with signage, new street lights, wayfinding signage, and storm water treatment infiltration areas on Plaza Boulevard between Coolidge Avenue and "A" Avenue. The project will also install pedestrian curb ramps for ADA compliance along W. 14th Street and pavement rehabilitation and restriping along Plaza Boulevard, Roosevelt Avenue, and W. 8th Street. On January 14, 2016, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On January 15, 2016 and January 22, 2016, the bid solicitation was advertised in local newspapers. On February 9, 2016, six (6) bids were received electronically on PlanetBids by the 1:00 p.m. deadline. Bid results were available immediately after the 1:00 p.m. deadline. Dick Miller, Inc. was the apparent lowest bidder with a total base bid amount of $1,138,853.10, as the basis of bid award. Upon review of all documents submitted and reference checks, Dick Miller, Inc.'s bid was found to be responsive, and they are the lowest responsible bidder qualified to perform the work as described in the project specifications. Therefore, staff recommends awarding a contract to Dick Miller, Inc. in the not -to exceed amount of $1,276,903.10, which includes the following: • Combined Base Bid amount of $1,138,853.10; Additive Bid A (Highland Avenue Improvements -Appendix A) in the amount of $47,750.00 — Furnish and install stabilized decomposed granite with boulders in the medians along Highland Avenue between E. 8th Street and E. 161n Street; • Additive Alternate (Hoover Ave and Plaza Blvd Landscape improvements) in the amount of $44,000.00; • Additive Bid (Highland Avenue Signing & Striping) in the amount of $46,300.O0 -- install high intensity striping and pedestrian actuated LED -enhanced pedestrian crossing signs for both midblock crosswalks on the 1300 block of Highland Ave. S zf` lso reco .....er ds ai athrlri7ing a cont ngeriry in the anio' Ant of $191,535.47 to address any unforeseen conditions that may arise. The contract will be funded through a SANDAG Smart Growth Incentive Program (SGIP) Grant and TransNet Prop "A" funds. Attached are the bid opening summary sheet and a line item summary of the three lowest bidders for reference. NAME:: CIP NO: DATE: TIME: � f jAe*2 041 FOR itI NkT1-0 INCORPORATED BID OPENING RESULTS PLAZA BOULEVARD & 14th STREET IMPROVEMENTS 15-10 Tuesday, February 9, 2016 1:00 P.M. ESTIMATE: $1,250,000 PROJECT ENGINEER: Kuna Muthusamy, P.E. NO. , BIDDERS NAME BASE BID ,� ADDITIVE BIDS GRAND TOTAL BID SECURITY _ BOND 1 Dick Miller Inc. 930 Boardwalk Suite H San Marcos, CA 92078 $1,138,853.10 $209,990.00 $1,348,843.10 Bond 2 Palm Engineering Construction Company, Inc. 7330 Opportunity Rd #J San Diego, CA 92111 $1,264,611.00 $270,700.00 $1,535,311.00 Bond 3 M.A. Stevens Construction, Inc. 125 E 17th Street National City, CA 91950 $1,260,456.19 $393,904.80 $1,654,360.99 Bond 4. Tri Group Construction 9580 Black Mountain Rd. Ste. L San Diego, CA 92126 $1,319,350.00 $312,000.00 $1,631,350.00 Bond Wier Construction Corporation 2255 Barham Drive Escondido, CA 92029 $1,513,579.00 $195,480.00 $1,709,059.00 Bond 6. LB Civil Construction, Inc. 11585Sorrento Valley Road Suite 104 San Diego, CA 92121 $1,464,131.90 $260,757.00 $1,724,888.00 Bond * If an additive, alternate or additive/alternate bid items are called for in the Contract Documents, the lowest bid will be dctcr nincd on the basis of base bid only. Bad Results for Project Plaza Boulevard and 14th Street Improvements (CIP No. 15-W) - - Dick Miller Inc. PALM ENGINEERING CONSTRUCTION COMPANY INC WI i.; _ Sever! Construction, Inc. Item No. Description p Unit C. . � Unit Price Extension (Quantityx Unit Price) Unit Price Extension (Quantityx Unit Price) Unit Price Extension (Quantity x Unit Price) Base B 1 Surveying and Construction Staking LS 1 $25,000.00 $25,000.001 $15,000.00 $15,000.00 $20,135.52 $20,135.52 2 Water Pollution Control LS 1 525,000.00 $25,000.00 $5,000.00 $5,000.00 $9,853.00 $9,853.00 :3 Traffic Control and Pedestrian Control LS 1 $35,788.20 $35,788.20 $30,000.00 $30,000.00 $47,436.00 $47,436.00 4 Mobilization/Demobilization LS 1 $25,000.00 $25,000.00 $60,000.00 $60,000.00 $80,130.00 $80,130.00 5 Clearing and Grubbing LS 1 $85,000.00 $85,000.00 $60,000.00 $60,000.00 $59,000.00 $59,000.00 6 Unclassified Excavation LS 1 $8,100.00 $8,100.00 $30,000.00 $30,000.00 $31,613.38 $31,613.38 '7 Removal, Disposal and Replacement of Unsuitable Material CY 500 $50.00 $25,000.00 ' $30.00 $15,000.00 $99.31 $49,655.00 $23,4180� 3 Construct Class II Aggregate Base TON 635 $52.00 $33,020.00 $50.00 $31,750.00 $36.88 9 Furnish and Install RS380i Mirafi Woven Geosynthetic, or approved equal SY 940 $6.50 $6,110.00 $10.00 $9,400.00 $1.71 81,607..10 10 Construct Asphalt Concrete Pavement TON 305 $180.00 $54,900.00 $200.00 $61,000.00 $18:3.20 $55,876.00 1:1 Trench Drain and Traffic Rated Grate LF 43 $140.00 $6,020.00 $300.00 $12,900.00 $363.4.8 $15,629.64 12 Stress -Relieving Fabric SF 5235 $0.74 $3,873.90 $2.40 $12,564.00 $2.28 $11,9L5.80 13 Furnish and Install New and Salvaged Brick Pavers SF 790 $9.00 $7,110.00 $14.00 $11,060.00 $6.90 $5,451,00 14 Construct 4" PCC Sidewalk (Type G-7, 8, 9, 10 & 11) SF 4000 $10.50 $42,000.00 $6.00 $24,000.00 $8.73 $34,920.00_, GRIM $515.00 15 Construct 5-1/2" PCC Alley, Strength 560-C- 3250 SF 50 $54.00 $2,700.00 $15.00 $750.00 $10.30 16 Construct Concrete Curb Ramp (All Types) EA 18 $2,750.00 $49,500.00 $2,700.00 $48,600.00 $1,161.65 $20,909.70., $7,744.00 17 Construct Concrete Driveway (All Types) SF 430 $14.50 $5,8110..00 ' $12.00 $4,800.00 $19.36 Page 1 Enid Results for Project !Plaza Boulevard and 14th Street Improvements (CIP No. 15-10) Dick Miller Inc. PALM ENGINEERING CONSTRUCTION COMPANY INC a t1.A. Steven:_, construction, inc, Item No. Description l Unit C't . ` F Unit Price(Quantityx Extension Unit Price) Unit Price Extension (Quantityx Unit Price) Unit Price Extension (Quantity x Unit Price) 18 Construct Cross Gutter per SDRSD G-12 SF 1650 $12.40 $20,480.00 $12.00 $19,800.00 $21.19 $34,963.50 19 Construct 6" Curb and Gutter per SDRSD G- 2 LF E20 $56.00 $34,720.00 $26.00 $16,120.00 $21.88 $3.3,565.60 20 Construct 6" Curb per SDRSD G-1 LF 25 $60.00 $1,500.00 $60.00 $1,500.00 $22.87 $571.75 21 Construct Median Curb Type B-:1 per SDRSD G-6 LF 290 $27.20 $7,888.00 $25.00 $7,250.00 $20.60 $.5,974.00 22 Construct Gravity Retaining Wall per SDRSD C-9, H = Varies LF 25 $80.00 $2,000.00 $150.00 $3,750.00 $67.13 $1,678.25 23 Construct lft Wide x lft Deep Reinforced Monolithic Concrete Band LF 100 $34.50 $3,450.00 $25.00 $2,500.00 $19.99 $1,999,00 24 Construct 8" PCC Reinforced Base SF 790 $16.00 $12,640.00 $12.00 $9,480.00 $9.24 $7,299.60 2:5 Lighting and Electrical LS 1 $94,000.00 $94,000,00 $95,700.00 $95,700.00 $115,727.32 $115,727.32 26 Landscape LS 1 $44,000.00 $44,000.00 $11,000.00 $11,000.00 ;A47,500.00 $147,500.00 27 30 Day Landscape Maintenance Period LS 1 $850.00 $850.00 $2,000.00 $2,000.00 $29,500.00 $29,500.00 28 Furnish and Install Stabilized Decomposed Granite TON 35 $160.00 $5,600.00 $160.00 $5,600.00 $338.80 $11,858.00 29 Construct Non -Vegetated Infiltration Basin SF 805 $25.00 $20,125.00 ' $36.00 $28,980.00 $24.99 $20,116.95 30 City of National City Monument Sign Per Plans LS 1 $15,000.00 $15,000.00 $12,000.00 $12,000.00 $7,264.08 $7,264.08 31 Signing and Stripi.ig LS 1 $40,000.00 $40,000.00 $50,000.00 $50,000.00 $46,167.50 $46,167.50 32 Wheel Stops EA 4 $72.00 $2&ap0 $90.00 $360.00 $330.40 $1,321.60 Subtotal $742,443.13 L_ $697,8:6z.03 $921,337.39 Base Bid -Pavement: Rehabaration ►rooeilierr'::;• App..ndix A 3:3 Construction Staking LS L 1 $940.00 $940.00 $200.00 $200.00 $4,130.00 $4,130.00 34 Water Pollution Control LS I 1 $3,200.00 $3,200.00 $2,000.00 $2,000.00 $4,130.00 $4,130.00 35 Traffic Control and Pedestrian Control LS J 1 $6,400.00 $6,400_00 $6,000.00 $6,000.00 $5,900.00 $5,900.00 Page 2 Bid Results for Project ?raze Boulevard and 14th Street Improvements (CIP No. 15-10) Item No.. Description Unit 36 Mobilization/Demobilization 37 Slurry Seal, Type 2 38 Asphalt Rubber Hot Mix (ARHM) 3/8" Asphalt Rubber Aggregate Membrane 39 (ARAM) Construct Concrete Driveway per SDRSD G- 40 14B 41 Signing and Striping LS SY SY SY SF LS ctt1, Dick Miller Inc. Unit Price 1 $2,800.00 �:100 $10.40 1.c700 $9.00 21800 , $8.00 340 $14.50 1 ` $4,600.00 jSubcotal tiu�!i;Jitiive Biz! I.Higfiland Arc:- nL!4 Ilmi!.lrove► ne41i:::-.App.e,ldix A 42 Water Pollution Control 4:3 Traffic Control and Pedestrian Control 44 Mobilization/Demobilization 45 Clearing and Grubbing 46 landscape Improvements Furnish and Install Stabilized Decomposed 47 Granite 1 1 $3,100.00 $5,900.00 $1,850.00 $17,100.00 $10,600.00 80 $115.00 —ISua.otal Extension (Quantity x Unit Price) $2,800.00 $21,840.00 $177,300.00 $174,400.Q30 $396,410.t:G $3,100.00 $5,900.00 $1,850.00 $17,100.00 $10,600.00 PALM ENGINEERING CONSTRUCTION COMPANY INC; Unit Price $3,000.00 $10.00 $14.51 $11.00 $10.00 $5,500.00 $2,000.00 $3,000.00 $2,000.00 $7,000.00 $63,000.00 s9,200 .Oi $160.00 $47,750.03 . Extension (Quantity x Unit Price) $:3,000.00 $21,000.00 $285,847.00 $239,800.00 7.A. Stevens Construction, i, Uriit Price $1,416.00 $3,400.00 $5,500.00 $566,747.00 $9.44 $7.02 $7.02 $20.82 $5,310.00 $2,000.00 $2,950.00 $3,000.00 $5,900.00 $2,000.00 $1,416.00 $7,000.00 $5,900.00 $63,000.00 $92,040.00 $12,800.00 $89,800.00 $336.56 Extension (Quantity x Unit Price) $1,416.00 $19,.824.00 $138,294.0o $153,036.00 57,07880 ,31.0..00 $339,118.80 $2,950.00 $5,900.00 $1,416.00 $5,900.00 $92,040.00 $135,130.80 ,,.i diitive . ;-4i 0- > ighJand Avenue inprovon°n,nts-Appendix A 411 Water Pollution Control LS 1 $3,100.00 49 Traffic Control and Pedestrian Control 51) Mobilization/Demobilization 51 Clearing and Grubbing 52 Landscape Improvements LS LS LS LS 1 1 1 1 $1,150.00 $1,850.00 $17,000.00 $10,600.00 $3,100.00 $1,150.00 $1,850.06 $17,000.00 $10,600.00 Subtotal $33,700.00 P ¢k1itive Bid. 15th St and Lar oitari Avenue Lan(:l ,cape Improvements -Appendix A 531-Construction Staking LS I 1 $940.00 $940,00 $2,000.00 $3,000.00 $2,000.00 $7,000.00 $60,000.00 $2,000.00 $3,000.00 $2,000.00 $7,000.00 $60,000.00 $74,000.00 $500.00 I $500.00 $ 2,950.00 $5,900.o $1,416.00 $5,900.00 $66,080.00 $82,246.00 $4,130.00 1 S4,1In on Page 3 Bid Results for Project (Plaza Boulevard and 14th Street improvements (CIP No. 15-10) Dick Miller Inc. PALM ENGINEERING CONSTRUCTION COMPANY INC 4.A. Stevens Construction, A jiL Item No, Description Unit; Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) 54 Water Pollution Control LS 1 $3,700.00 $3,700.00 $500.00 $500.00 $2,950.00 $2,950.00 55 56 57 Traffic Control and Pedestrian Control LS 1 $6,600.00 $6,600.00 $500.00 $500.00 $4,130.00 $4,130.00 Mobilization/Demobilization LS 1 $13,700.00 $13,700.00 $500.00 $500.00 $1,416.00 $1,416.00 Clearing and Grubbing LS 1 $2,700.00 $2,700.00 $2,000.00 $2,000.00 $5,900.00 $5,900.00 58 Landscape Improvements LS 1 $10,600.00 $10,600.00 $6,000.00 $6,000.00 $88,500.00 $88,500.00 Subtotal $38,240.(C . $1L,000.00 $107,026.00 Additive Alternate Hoover and Plaza Blvd Landscape Unprovernents 59 Additive Alternate A Improvements LS 1 $28,000.00 $28,000.0•: $55,000.00 $55,000.00 $2,006.00 rZ._A+ 600 __. 60 Additive Alternate B improvements LS 1 $16,000.00 $16,000 Cc $19,000.00 $19,000.00 $18,526.00 = i ._?n Subtotal $44,000.CC L $:74 000.00 $20,532.00 6; :.1 tive 81d- Highland Avenue & Striping 61 Signing and Striping LS 1$ ,600. $3,600.00 $4,400.00 $4,400.00 $4,130.00 $4,130.00 j 62 Solar Powered LED Enhanced School Warning Sign System LS 1 $34,000.00 $34,000.00 $12,000.00 $12,000.00 $38,940.00 $38,940.00 63 Mobilization/Demobilization LS 1 $3,600.00 $3,600.00 $2,000.00 $2,000.00 $3,540.00 $3,540.00 64 Traffic Control and Pedestrian Control LS 1 $5,100.00 $5,10 0 $4,500.00 $4,500.00 $2,360.00 $2,360.00 Subtotal $46,300.00 $22,900.00 $48,970.00 Page 4 Bid Results for Project Plaza Boulevard and 14th Street Improvements (CIP No. 15-10) Dick Miller Inc. PALM ENGINEERING CONSTRUCTION COMPANY INC 1%,. n SO, veens Construction, Inc. Item No. Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Urit Price) Unit Price Extension (Quantity x Unit Price) Summary Swie Bid Base Bid (Awarding) $742,443.10 ' $697,864.00 $921,337.39 Base Bid -Pavement Rehabilitation llmprovements-Appendix A (Awarding) $396,410.00 $566,747.00 $339,118.80 Base Bid Told (Basis of Award) $1,138,85 :..' 0 $1,264,611.00 1 S1,260,456,19 1 al c:f time Mis Addltive Bid A- Highland Avenue Improvements -Appendix, A (Awarding) S47,750.00 $89,800.00 $135,13cL80 Additive Bid B- Highland Avenue Improvements -Appendix .A (Not Included) $33,700.00 $74,000.00 $82,246.00 Additive Bid-16th St and Lanoitan Avenue Landscape lrnprwernents- Appendix A (Not Included) $38,240.00 $10,000.00 $107,026.00 Additive Alternate -Hoover and Plaza Blvd Landscape Improvements (Awarding) $44,000.00 $74,000.00 $20,532.00 Additive Bid- Highland Avenue Signi.og Sc Striping (Awarding) $4 aOEO0 $22,900.00 $48,970.00 Additive Bids Total (If all additive bids were selected) $209,990.00 $270,700.00 $393,904.80 Additive Bids Awardedl $138,050.00 l $186,700.00 vk 4,k_32M0 Grand Total (Base Bid plr:i!; all Additive Bids) $1,348,843.10 I_ $1,535,311.00 S i E 5-�,' U . J Awarded Grand Total Combined Ba��e 13id and three award additive bids) { $1,27�,9i?3.I0 � $1,451,311.00 .�,"' 1�;:,�-r6a,v�o,9::1 Page 5 RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO DICK MILLER, INC., IN THE NOT TO EXCEED AMOUNT OF $1,276,903.10 FOR THE PLAZA BOULEVARD AND 14T" STREET IMPROVEMENTS PROJECT, AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $191,535.47 FOR ANY UNFORESEEN CHANGES, AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, on February 9, 2016, the Engineering Department, publicly opened, examined, and declared six (6) sealed bids for the Plaza Boulevard and 14th Street Improvements Project; and WHEREAS, Dick Miller, Inc., was the lowest responsive bidder qualified to perform the work as described in the project specifications with a total bid amount of $1,138,853.10; and WHEREAS, with the addition of Additive Bid A (Highland Avenue Improvements - Appendix A) in the amount of $47,750.00, Additive Alternate (Hoover Ave and Plaza Blvd Landscape Improvements) in the amount of $44,000.00, and Additive Bid (Highland Avenue Signing and Striping) in the amount of $46,300.00, the total not to exceed amount of the contract is $1,276,903.10; and WHEREAS, a 15% contingency amount up to $191,535.47 for any unforeseen changes to the Project is requested. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the Plaza Boulevard and 14th Street Improvements Project to the lowest responsive, responsible bidder, to wit: DICK MILLER, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $1,276,903.10 with Dick Miller, Inc., for the Plaza Boulevard and 14th Street Improvements Project. Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes a 15% contingency amount up to $191,535.47 for any unforeseen changes to the Project. PASSED and ADOPTED this 1st day of March, 2016. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CC/CDC-HA Agenda 3/1/2016 — Page 333 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving a 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: March 1, 2016 ITEM TITLE: ;Resolution of the City Counci! of the City of National City approving a Conditional Use Permit for a wireless communications facility at 1320 Highland Avenue. (Applicant: Verizon Wireless) (Case File 2015-24 CUP) j AGENDA ITEM NO. PREPARED BY: Martin Reeder, AICP DEPARTMENT: (Planning APPROVED BY: PHONE: !336-4313 EXPLANATION: ;The City Council conducted a public hearing on this item at the February 16, 2016 City Council meeting. Council asked staff to return with a resolution of approval, including added conditions addressing hours restricting generator testing, additional screening of antennas, and additional landscaping. Conditions 25 and 26 have been added to address testing and screening. Condition 21 has been modified based on Council's request for additional and greater -sized landscaping. The attached resolution is needed to take action on the item. 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: T- STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Resolution RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY 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 at 1320 Highland Avenue at a duly advertised public hearing held on February 16, 2016, at which time the City Council considered evidence; and WHEREAS, at said public hearing the City Council considered the staff report provided for Case File No. 2015-24 CUP, which is maintained by the City and incorporated herein by reference, along with any other evidence presented 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 hereby taken is found to be essential for the preservation of the public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the evidence presented to the City Council at the public hearing held on February 16, 2016, support the following findings: FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 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, and 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. Resolution No. 2016- Page Two March 1, 2016 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 October 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 ail 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. Resolution No. 2016- Page Three March 1, 2016 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 Fire Codes. 6. CaII (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. Exterior walls of accessible poles/walls to a height of not less than six feet (6') 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. All 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. 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. 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. Resolution No. 2016- Page Four March 1, 2016 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. 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. 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. 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. Plans submitted for building permits shall include landscape and irrigation plans that provide screening trees of a minimum 36" box size and minimum 15-gallon shrubs in a number sufficient to screen the facility as determined by the Planning Department. The trees shall be tall enough at planting to screen the wall of the compound. 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 incorporated into the new development subject to design requirements for wireless communications facilities applicable at that time, relocated offsite, or decommissioned. 25. Testing and/or maintenance activities involving operation of the emergency generator shall only be conducted during daylight hours and subject to the limitations contained in Table 111 of NCMC Section 12.06.040 Resolution No. 2016- Page March 1, 2016 27. Plans submitted for construction shall show additional screening of the antennas to the satisfaction of the Planning Department. Screening shall include additional branches and "antenna socks" to screen the antennas. BE IT FURTHER RESOLVED that this Resolution shall become effective, final, and conclusive on the day following the City Council meeting where this Resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. PASSED and ADOPTED this 1st day of March, 2016. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison. Mayor CC/CDC-HA Agenda 3/1/2016 — Page 341 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing various Fiscal Year 2016 Mid -Year Budget Adjustments. (Finance) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 1, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing various Fiscal Year 2016 Mid - Year Budget Adjustments. PREPARED BY: Ed Prendell, Budget Analyst PHONE: 619-336-4332 EXPLANATION: Please refer to the attached staff report. DEPARTMENT: Finance�n APPROVED BY: L/�/a�G�Cu FINANCIAL STATEMENT: ACCOUNT NO. See attached staff report. APPROVED: L a Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Accept the staff report as presented. Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Staff Report 2. Resolution + CALIFORNIA NATIONAL CITY ALAV INCORPORATED City Council Staff Report March 1, 2016 ITEM Staff Report: Fiscal Year 2016 Mid -Year Budget Review BACKGROUND Consistent with historic practice, staff brings forward a mid -year review of the City's operating budget. The intent of this report is to review the activities of the first half of the current fiscal year and provide revised projections of revenues and expenditures through the end of the fiscal year. In addition, the report recommends various budget adjustments. This report represents the second budget report of the fiscal year. A first quarter status report was presented on December 15, 2015, consistent with staff's commitment to provide quarterly reports on the status of the budget in keeping with the Strategic Plan objective of fiscal transparency. DISCUSSION First Half of Fiscal Year 2016 The adopted Fiscal Year 2016 budget includes the City Council -authorized use of fund balance for capital projects and transfer to Vehicle Replacement Fund. Based on year-to-date actual revenues and expenditures through December 31, 2015 and anticipated activities through year- end, the anticipated use of fund balance is less than originally anticipated. The following sections of this report will discuss the significant factors leading to the variance. Revenues The General Fund's primary sources of revenue are sales and property taxes. The table below compares revenues from July 1st through December 31 st of the current fiscal year to those of the same period of the prior fiscal year. Page 1 Staff Report — Fiscal Year 2016 Mid -Year Budget Review March 1, 2016 Mid -Year Revenue Comparison Revenue Category Sales & Use Tax District Transactions & Use Tax Property Tax 1 Property Tax in Lieu of VLF Property Tax in Lieu of Sales Tax Other Revenue Total GENERAL FUND REVENUES AS OF DECEMBER 31'T FY 15 $4,159,219 3,509,866 780,949 26,135 FY 16 $4,439,467 3,582,746 755,647 24,139 4,102,440 3,672,556 Difference $280,248 72,880 (25,303) (1,995) (429,884) $12,578,609 $12,474,555 $ (104,054) 1 reflects reduction for property tax allocation to the Library and Parks Maintenance funds During the first six months of the current fiscal year, General Fund revenues totalled nearly $11.7 million, approximately $883,000 lower than the same period last year. Sales & Use Tax receipts outpaced those for the same period of the prior fiscal year by $280,248, in part, due to stronger auto sales and an increase in business to business activity. For sales other than walk -in - stores, District Transactions & Use Taxes are allocated based upon where the goods are delivered or first placed into use and, as such, do not always "track" Sales & Use Taxes. The City's District Transactions & Use Tax revenues are $72,880 ahead of last year's total at the same point, as a result of increases in several spending categories. Having received information from the County and State, staff can report, Fiscal Year 2016 distributions of Property Tax in Lieu of Vehicle License Fee ("VLF") and Property Tax in Lieu of Sales Tax, staff can report these revenues will be $5,665,953 and $3,375,953, respectively. Combined, these revenues will be above their budgeted total by approximately $49,458. Fiscal Year 2016 "Other Revenue," which represents the combined total of non -major and one-time revenue sources, is down compared to last year, due to one-time revenues received from the Successor Agency residual balance distribution and Port of San Diego reimbursement for the National City Aquatic Center and other miscellaneous revenue items in Fiscal Year 2015. Staff projects overall year-end General Fund revenues to exceed the adjusted budget by approximately $3.8 million. This estimate is based upon year-to-date and historical data, input from the City's sales tax consultant, information obtained from the State of California and County of San Diego, and a settlement payment received by the City as a result of litigation related to the invalidation of the 2007 Redevelopment Plan Update (hereinafter referred to as the "RSG Settlement"). Page 2 Staff Report — Fiscal Year 2016 Mid -Year Budget Review March 1, 2016 Fiscal Year -End Revenue Projections GENERAL FUND REVENUES FISCAL YEAR 2016 Adjusted Projected % Revenue Category Budget t Projected Variance Variance Sales & Use Tax $14,703,730 $14,959,782 $256,412 1.7% District Transactions & Use Tax 10,216,000 10,400,590 184,590 1.8% Property Tax 2 2,114,005 2,128,080 14,075 0.7% Property Tax in Lieu of VLF 5,736,819 5,665,953 (70,886) -1.2% Property Tax in Lieu of Sales Tax 3,255,629 3,375,953 120,324 3.7% Other Revenue 10,155,327 13,409,864 3,254,537 32.0% Total $46,181,150 $49,940,222 $3,759,072 8.1% t adopted budget total, plus budget amendments 2 reflects reduction for property tax allocation to the Library and Parks Maintenance funds In addition to the positive effect on sales tax revenues (Sales & Use and District Transactions & Use Taxes) from the aforementioned growth in various spending categories, property taxes for Fiscal Year 2016 have increased in conjunction with a greater than anticipated 2.5% increase in total assessed valuation. Changes in Property Tax in Lieu of Vehicle License Fee ("VLF") revenues are tied to the change in assessed value. Although still projected to surpass its total for the previous fiscal year, this revenue is now projected to end the year slightly below its budget. Regarding Property Tax in Lieu of Sales Tax, which is determined by the State Department of Finance and released by San Diego County after adoption of the City's budget, the City's allocation is projected to finish $120,324, or 3.7%, higher than budgeted. As noted in the first quarter report, this is a lesser amount than was received in Fiscal Year 2015 because this year marks the end of the State's "triple flip" mechanism, by which 0.25% of the 1% local sales tax is replaced by property tax. However, the decrease is offset by the gain resulting from the restoration of the local sales & use tax distribution to 1%. Beginning with Fiscal Year 2017, all of the City's sales & use tax revenue will be reported in the Sales & Use Tax account. Finally, "Other Revenue" is expected to exceed budget by $3.25 million. Approximately $1.83 million of that amount is attributable aforementioned (RSG) settlement payment. The remaining $1.4 million comprises projected positive variances in Transient Lodging Tax, reimbursements from the Port Authority related to the Aquatic Center project, electric franchise fees, mandated cost reimbursements, and investment earnings. Expenditures As of December 31, 2015, General Fund expenses totaled $21.6 million, exceeding those at the same point last fiscal year. Page 3 Staff Report — Fiscal Year 2016 Mid -Year Budget Review March 1, 2016 Mid -Year Expenditure Comparison Expenditure Category Personnel Service Maintenance & Operations Capital Outlay Capital Improvement Internal Service Charges Other Expenditures Total GENERAL FUND EXPENDITURES AS OF DECEMBER 31ST FY 15 $13,834,708 987,641 12,233 2,146, 890 3,059,208 187,198 FY 16 $14,465,012 1,874,649 60,220 1,718,919 3,359,826 107,716 Difference $630,304 887,009 47,986 (427,970) 300,618 (80,022) $20,227,879 $21,585,802 $1,357,924 The increase in personnel services is due to the addition of positions as part of FY 2015 Mid - Year and FY 2016 personnel additions. The increase in Maintenance & Operations and decrease in Capital Improvement expenses primarily is the result of timing differences of payment obligations and processing from year to year. The increase in Internal Service Charges results from the budgeted increase to the internal service rates charged to General Fund departments. Staff will continue to monitor all expenses and provide greater detail in the third quarter budget report. Staff currently is projecting actual expenditures to end the fiscal year at approximately $704,000 under budget, mostly significantly attributable to personnel cost savings. Fiscal Year -End Expenditure Projections Expenditure Category Personnel Service Maintenance & Operations Capital Outlay Capital Improvement Internal Service Charges Other Expenditures Total GENERAL FUND EXPENDITURES FISCAL YEAR 2015 Adjusted Budget 1 $31,306,493 5,242,017 130,147 9,368,847 6,719,652 561,948 Projected $30,598,855 5,397,909 120,147 9,368,847 6,733,403 405,667 Projected Variance $(707,638) 155,893 (10,001) 13,751 (156,281) ova Variance - 2.3% 3.0% - 7.7% 0.0% 0.2% -27.8% $53,329,103 $52,624,827 $(704,276) -1.3% 1 adopted budget total, plus budget amendments, and encumbrances and capital projects appropriations ca previous fiscal year(s) ed forward from While personnel costs for the first half of this year are greater than for the same period last year, a savings of approximately $707,638 is expected to result from vacant authorized positions in several departments. Page 4 Staff Report — Fiscal Year 2016 Mid -Year Budget Review March 1, 2016 The projected overage of $155,893 Maintenance & Operations variance is associated with a $302,474 payment for legal services related to the RSG Settlement, which offsets an expected savings of $146,581 in Professional Services, Contract Services, and Materials & Supplies. An appropriation adjustment to account for the RSG legal services expense will be addressed later in this report. Capital Improvement expenses are projected to be at the budgeted level. This projection is made with the recognition that due to the multi -year nature of capital projects, it is not unusual for spending on a project, or phase of a project, to not reach its budgeted level in the current fiscal year. And unlike those of operating expenditures, capital project appropriations that are unspent at the end of a fiscal year are carried forward to the following fiscal year. Transfers In/Out While technically not revenues and expenditures (and, hence, not shown above), transfers in and out of the General Fund contribute to fund balance increases and decreases, respectively. An $826,577 transfer from the General Fund to the Successor Agency is necessary under the terms of the RSG Settlement. An adjustment similar to the appropriation adjustment for RSG-related legal services referenced above will be addressed later in this report. Net Impact on Fund Balance Combining the above revenue and expenditure projections with expected transfers in and out results in an anticipated fund balance decrease of just over $5.7 million, compared to the (adjusted) budgeted usage of nearly $9.4 million. Again, however, the variance is largely due to the manner in which capital projects are budgeted and their multi -year nature. GENERAL FUND IMPACT ON FUND BALANCE FISCAL YEAR 2016 Adjusted Budget Projected Variance Revenue $46,181,150 $49,940,222 $3,759,072 Transfers In - Total Revenue & Transfers In $46,181,150 $49,940,222 $3,759,072 Expenditures $(53,329,103) $(52,624,827) $(704,276) Transfers Out (2,207,761) (3,034,338) 826,577 Total Expenditures & Transfers Out $(55,536,864) $(55,659,166) $122,301 Fund Balance Change (9,355,714) (5,718,943) Beginning Fund Balance $40,972,080 $40,972,080 Ending Fund Balance $31,616,366 $35,253,137 Page 5 Staff Report — Fiscal Year 2016 Mid -Year Budget Review March 1, 2016 BUDGET ADJUSTMENTS During the mid -year budget review process, the Department of Finance identified budget adjustments necessary, due to expenses unanticipated during the annual budgeting process. In addition, departments have been afforded the opportunity to submit supplemental appropriation requests based upon actual or projected budgetary requirements not anticipated during the annual budgeting process and to request other budget adjustments. The attached schedules reflect the recommended and requested adjustments. CONCLUSION Looking ahead, the City appears to be on pace to again outperform its budgeted projections for Fiscal Year 2016, with the currently projected use of fund balance significantly lower than the amount budgeted. Factors which are likely to affect that outcome include the following: • Actuarial adjustments by the California Public Retirement System (CaIPERS) are estimated to require increases in the City's employer contribution to employee pension funds into the foreseeable future. For Fiscal Year 2016, the City's California Public Retirement System contributions increased over Fiscal Year 2015's by 1.64% of payroll to 23.149% for miscellaneous employees and by 2.38% to 42.973% for public safety employees. Rates will increase to 25.800 % and 45.055 % in Fiscal Year 2017 and are projected to increase to 28.3 % and 47.6 % in Fiscal Year 2018. Staff is analyzing the potential savings associated with pre -funding pension obligations and those of other post - employment benefits. • By Council Policy, the City maintains a series of reserves. Staff continually reviews current reserve levels, as well as the inventory of deferred maintenance and deferred equipment replacement. A facilities needs assessment currently is being conducted, and staff is developing plans to create a facilities maintenance reserve with an initial cash infusion from balances available in other funds and to enhance the balance of the City's Liability Insurance and Workers' Compensation Reserves with the goal of achieving the target levels of said reserves in accordance with the schedule delineated in Council Policy # 201, "Maintenance of Reserve Funds." Recommendations in these areas are expected to be brought forward in the coming months. • Environmental Clean Up: On February 16, 2016, the City Engineer notified the City Council that the City received an emergency permit to clean out something... while staff is performing some of the work, a contractor is required to complete the emergency clean-up efforts necessitated by the El Nino conditions. As of the time this report was drafted, the cost of the project had not been determined. It is anticipated that the Engineering & Public Works Department will bring a request for appropriations forward at the March 15 Council meeting. Page 6 Staff Report — Fiscal Year 2016 Mid -Year Budget Review March 1, 2016 • Aquatic Center: On February 16, 2016, the City Council authorized staff to enter into negotiations with Southwestern College to operate the City's new aquatic center. While an opening date for the facility is pending these negotiations, it is anticipated that the City will incur expenses this fiscal year related to utilities, furnishings, and aquatic equipment. Estimates of the costs are not available at this time. • Quality of Life work crew: On February 2, 2016, Mayor Ron Morrison directed staff to bring forward a plan for adding a quality of life work crew as part of the mid -year budget. Staff's recommendation: o Assign a two -person crew to respond to hotline calls (will have to add a hot-line) o Crew would operate five days per week (including Fridays and Saturdays) o Add 1.0 Maintenance Worker to the Fiscal Year 2017 budget. o This fiscal year staff will: • Set up work expectations and a work schedule • Set up the hot line • Recruit • Ready to hire and begin the program in July. Notwithstanding these challenges, staff estimates sufficient resources will be available to fund the recommended and requested appropriation adjustments and staffing additions in the current year and for the foreseeable future. RECOMMENDATIONS Authorize the City Manager to approve budget adjustments up to the following amounts: • General Fund — Expenditures o $181,513.00 Personnel o $408,900.41 Maintenance & Operations o $120,000.00 Capital Outlay o $2,000.00 Other Expenditures o $30,420.00 Internal Service Charges o $826,577.36 Transfers Revenues o $1,129,050.77 Other Revenues • Library Fund — o ($25,459.00) Internal Service Charges • Gas Taxes Fund — o $4,515.00 Maintenance & Operations o $ 100.00 Other Expenditures o ($909.00) Internal Service Charges Page 7 Staff Report — Fiscal Year 2016 Mid -Year Budget Review March 1, 2016 • Park & Recreation Capital Outlay — o $903.00 Maintenance & Operations o $ 20.00 Other Expenditures • Sewer Service Fund — o $60,534.00 Personnel o $2,258.00 Maintenance & Operations o ($909.00) Internal Service Charges o $ 50.00 Other Expenditures o ($60,534.00) Transfers Out • Trash Rate Stabilization — o $7,728.00 Personnel o $1,355.00 Maintenance & Operations o $ 30.00 Other Expenditures o ($7,728.00) Transfers Out • Community Development Block Grant — o ($445.00) Internal Service Charges • Housing Choice Voucher / "Section 8" Fund — o ($ 1,364.00) Internal Service Charges • HOME Fund — o ($ 222.00) Internal Service Charges • Low & Mod Income Housing Fund — o $97,501.00 Personnel o ($ 1,112) Internal Service Charges • Facilities Maintenance Fund — o $65,297 Personnel o ($65,297) Maintenance & Operations o $65,019 Other Expenditures FISCAL IMPACT If all recommendations are approved, the maximum impact of adjustments on appropriations would be as follows: General Fund — • general ledger clean-up $211,933 • supplemental appropriation requests $1,357,478 General Fund Total: $1,569,411 Library Fund — • general ledger clean-up ($25,459) Library Fund Total: ($25,459) Page 8 Staff Report — Fiscal Year 2016 Mid -Year Budget Review March 1, 2016 Gas Taxes Fund — • general ledger clean-up $3,707 Gas Taxes Fund Total: $3,707 Park & Recreation Capital Outlay — • general ledger clean-up $923 Sewer Service Fund Total: $923 Sewer Service Fund — • general ledger clean-up $1,399 Nutrition Fund Total: $3,398 Trash Rates Stabilization Fund — • general ledger clean-up $1,385 Trash Rates Stabilization Fund Total: $1,385 Community Development Block Grant — • general ledger clean-up ($445) Library Bonds Debt Service Fund Total: ($445) Housing Choice Voucher Fund — • general ledger clean-up ($1,364) Housing Choice Voucher Fund Total: ($1,364) Low & Moderate Income Housing Asset Fund — • general ledger clean-up $99,389 Low & Moderate Income Housing Asset Fund Total: $99,389 Facilities Maintenance Fund — • general ledger clean-up $65,019 Facilities Maintenance Fund Total: $65,019 ATTACHMENTS Attachment 1 — Mid -Year Budget Adjustments Attachment 2 — Supplemental Appropriation Requests CC/CDC-HA Agenda 3/1/2016 — Page 352 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit - Circus Vargas sponsored by Tabares Entertainment, Inc. from March 10, 2016 to March 27, 2016 at the Westfield Plaza Bonita Mall with no waiver of fees. (Neighborhood Services) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 1, 2016 AGENDA ITEM NO. ITEM TITLE: Temporary Use Permit — Circus Vargas sponsored by Tabares Entertainment, Inc. from March 10, 2016 to March 27, 2016 at the Westfield Plaza Bonita Mall with no waiver of fees. PREPARED BY: 'Dionisia Trejo DEPARTMENT: N i PHONE: K619) 338-4255 ! APPROVED BY: EXPLANATION: This is a request from Tabares Entertainment, Inc. to conduct the Circus V rg event at Westfield Plaza Bonita Mall from March 10, 2016 to March 27, 2016. Set up for this nt will commence at 1:00 a.m. March 8, 2016 on the west side parking lot of Plaza Bonita Mall. The show times will vary on dates from 1 p.m., 4:00 p.m., 7:00 p.m., and 7:30 p.m. Each show lasts approximately 1 'h hours. This is a completely self-contained event in a traditional big top circus with concessions. There are no performing animals, no rides, no games, no outside vendors and no alcohol. Vehicles are used for transportation of operations. There will be eight internal Security Guards and sufficient parking is available at the mall. Food will be prepared on -site in a trailer. Clean-up will be performed after each show. Services Department This event will end with its last show on Sunday March 27th and will be dismantled by March 28, 2016. This event was approved by Council in 2014 & 2015 with no waiver of fees. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: City fee of $237.00 for processing the TUP, plus $400.00 for the Fire Permits. Total fees: $637.00. ENVIRONMENTAL REVIEW: NIAj ORDINANCE: INTRODUCTION: FINAL ADOPTION: [j 1 STAFF RECOMMENDATION: Approve the application for a Temporary l Ise Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD 1 COMMISSION RECOMMENDATION: Finance MIS ATTACHMENTS: application for a Temporary Use Permit with recommended approvals and conditions of approval. EVENI 'NIFORMATION Type of Event Public Concert Fair Festival Community vent _ Parade _ Demonstration ?Circus Block Party _ Motion Picture _Grand Opening `Other Event Title: Circus Vargas Event Location: waQtfiaiii pinwonnit a Event Date(s): From 3/1016 to 3/27/16 Actual Event Hours: .30 Dm am/pm to 9:34m am/pm Total Anticipated Attendance: 300.500 ( 24 Participants Spectators) Setup/assembly/construction Date: March ath 2016 Start time: too am Please describe the scope of your setup/assembly work (specific details): Setup Big Top Tent, Bleachers, Lighting etc Dismantle Date: 3/28 Completion Time: 10 am 3/28 am/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. None APPLICANT AND SPONSORING ORGANIZATION INFORMATION Sponsoring Organization: Tabares Entertainment Inc. Chief Officer of Organization (Name) Angelina Quevedo Applican (Name): Angelina Quev�e o Address: 992 Blue Lantern Dr. Henderson NV 89015 Daytime Phone: C28.057.04z58 Evening Phone: ( ) Fax: (7044466-8340 E-Mail: AquevedoQarcusvargas.wm Contact Person "on site" day of the event: Angelina QuevedoCellular: 281-570-5758 TOTE: THIS PERSON !MST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 FEES/PROCEEDS/REPORTING is your organization a "Tax Exempt, nonprofit" organization? _ YES x NO Are admission, entry, vendor or participant fees required? YES _ NO if YES, please explain the purpose and provide amount(s): $20.00-$65.00 $ 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? 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. Circus Vargas provides a traditional big top circus with concessions. There are nO performing animals, no rides, no games, no outside vendors and no alcohol. Vehicle£ are used for transportation of operations. _ YES x 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: none 2 OVERA EVENT DESCRIPTION CONTINUED YES NO Does the event involve the sal: or use of alcuholicbeverages? xYES NO WU items or services be sold at the event? If yes, please describe: Tickets, food items, and novelties 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. _ YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. X YES - NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies 1 Sizes 147 feet around NOTE: A separate Fire Department permit is required for tents or canopies. YES xNO Will the event involve the use of the C 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: u Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concessionnd/or Food Preparation areas Please describe how fod will be served at the event: Prepared andsera from timer and also m oo Inside tent If you intend to cook food in the event area please specify the method: GAS X ELECTRIC CHARCOAL OTHER (Specify): Portable and/or Permanent Toilet Facilities Number of portable toilets: d (4 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) ITables # 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, folding, bleachers, platforms, stages, grandstands or related structures Veh ales 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 clean condition.) Number of trash cans: 6 _ Trash containers with lids: 6 Describe your plan for clean-up and removal of waste and garbage during and after the event Clean up after every shnw and dumpcter emptied AR needed. 3 SA FIETYI$ECURITYIACCESSIBILITY Please describe your procedures for both Crowd Control and Internal Security: 8 internal security staff YES x NO 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: x YES _ 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: Mall Parking Lot Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. First aid kit available in ticket booth, 911 for emergencies Please describe your Accessibility Plan for access at your event by individuals with disabilities: Entire operation is accessible since the parking lot is flat PARKING PLAN/Mi"i"itsAR'iON OF IMPACT 1 Please provide a detailed description of your PARKING plan: See ttached map Please describe your plan for DISABLED PARKING: Disabled parking provided in front of tent Please describe your plans to notify all residents, businesses and churches impacted by the event: Tent should not impact mall needs at that time. Mall management is informed and communicates with tennants. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. 4 ENTERTAINMENT/ATTRACTIONS AD. RELATED EVENT ACTIVITIES YES .acs 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: Number of Bands: Type of Music: - "YES NO Will sound amplification be used? If YES, please indicate: Start time: 12:30 pm am/pm Finish Time A:30 pm am/pni YES x NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/pm Finish Time am/pm Please describe the sound equipment that will be used for your event: Microphones and speakers YES X NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES x NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 02/29/12 5 City c ° National City PUBLIC PROPERTY USE HOLD HARMLESS AND, INDE IN FICA ION AGREEMENT Persons requesting use of City property, %dal s 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, germs and employees named as additional insured and to sign the Mold Harmless Agreement Certificate of insurance must be attached to this permit. Olai�i�on Try �erdM, Inc. n Person in Charge of Activity �asar' ©`tea Address 992 Blue Lantern Dr. Henderson NV 8015 702-5134767 Telephone Date(s) of use r15-3/9f16 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its armies on public or private property, the undersigned hereby a gri s) to defend, unify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claim, demands, cosecs, lam, liabil ty or, for are personal injury, death or property damage, or both, or any Litigation and other liability, including attorneys fees and the was of litigatlon, arising out of cr related to tho use of pubes property or the activity taken under the permit by the permlitee or its agents, employees or con#actorse ‘,2h Forfirm . se •.Illy Certificate of Insurance Approved 6 Circus Vargas 2016 Event Proposal National City Location: Requested Dates: Westfield Plaza Bonita Ilene Lamb 3030 Plaza Bonita Rd, National City, CA 91950 1 Thursday -- March 10th through Sunday — March 27th Performing days Day: Date: Schedule: Showthnes: r Tuesday March 8th Will enter property at 1:00 am Set Up Day No Performance Wednesday March 9th Set Up Day No Performance Thursday March 10th Opening Night 7:30 PM Friday March l lth 7:30 PM Saturday March 12th 1:00 - 4:00 & 7:30 PM Sunday March 131 1:00 - 4:00 & 7:30 PM Monday March 14th 7:00 PM Tuesday March 15th No Performance Wednesday March 16th _ 7:30 PM Thursday March 17fh 7:30 PM Friday M ,, .h 18th _ 7:30 PM Saturday M-ah l 9t 1:00 - 4:00 & 7:30 PM Sunday March 201 1:00 4:00 & 7:30 PM Monday March 21st 7:00 PM Tuesday March 22nd No Performance At.dnesday Msrob 23tx 7:30 PM Thursday March 24th 7:30 PM 1 Friday March 25th 4:30 & 7:30 PM S3ry March 26th 1:00 - 4:00 & 7:30 PM Sunday Mach 27th Easter Sunday reifraiiwa of to c icug will be done o the show 2:30 & 6:30 PM Monday March 28C° - Circus Will be gone from the property before 7 AM - Clean up crew will finish cleaning the lot around 10:00 AM - All rented equipment such as porta- potties, fencing and Dempster will be picked up before 9:00 am Circus Vargas site area Angelina M Quevedo - Tabares Entertainment, Inc. 992 Blue Lantern 0r. )•Sanderson, NV 89015 Phone: 281-570-5758 E-Mail: Aquevedo@circusvargas.com 7 v� y Circus Vargas 2016 Event Proposal National City Angelina M Quevedo - Tabares Entertainment, Inc. 992 Blue Lantern Dr. Henderson, NV 89015 Phone: 281-570-5758 E-Mail: Aquevedo@circusvargas.com 8 Circus Vargas 2016 Event Proposal National City Actual Ariel Photo of 2015 Event Angelina M Quevedo -Tabares Entertainment, inc. 992 Blue Lantern Dr. Henderson, NV 89015 Phone: 281-570-5758 E-Mail: Aquevedo@circusvargas.com 9 Circus Vargas 2016 Event Proposal National City Lot Lay Out Circus Vargas;Plaza Bonita Detail Lot Plan xraPizza Eav=aRaMatoutCk;.L 1e60 set Liwind Angelina M Quevedo - Tabares Entertainment, Inc. 992 Blue Lantern Dr. Henderson, NV 89015 Phone: 281-570-5758 E-Mail: Aquevedo@circusvargas.com 10 Circus Vargas 2016 Event Proposal National City Show Info: LENGTH OF SHOW: Approximately one and one-half hours EXPECTED ATTENDANCE: 300 — 500 per show SEATING CAPACITY OF TENT: 1,250 NO GAME OF CHANCE NO MECHANICAL RIDES NO PERFORMING ANIMALS NO PYRO OR OPEN FLAME ARE USE DURING THE SHOW NO ALCOHOL IS SOLD OR SERVED NO OUTSIDE CONTRACTED VENDORS Circus Management provides in-house security guards. Managements carries radios and cell phone in case of 911 Emergency. Circus Vargas is completely self-contained. The show has a two generator system with an emergency battery backup. If the main generator shuts down, the backup generator will be turn on but all emergency lighting will remain running with the battery backup system. A source of water is usually provided to the Circus by the venue on which the Circus conducts business, if not the Circus will rent a Water meter from the city. Circus Vargas rents porta-potties from a local sanitation companies. Circus Vargas crew will perform daily cleanups to maintain the Circus Area clean from any trash. Circus Vargas rents a Dumpster for all trash produced by the Circus activities Circus Vargas is a family show and -attracts primariiv families, in-house security is normally sufficient to provide appropriate crowd control. The security use radios to communicate with each other and can use cell phones to contact local law enforcement if the need exists. Angelina M Quevedo -Tabares Entertainment, Inc. 992 Blue Lantern Dr. Henderson, NV 89015 Phone: 281-570-5758 E-Mail: Aquevedo@circusvargas.com 11 Circus Vargas 2016 Event Proposal National City Circus Vargas Cleanup & Recycling Plan Circus Vargas does not hire or contact with outside vendors or temporary workers. All staffing will be with workers that travel with the show. The staff is currently trained on proper sanitary and clean-up procedures. There is a staff of 25 people and while some people are working throughout the day, all of them are present from one hour before the first show of the day until after the show is over and clean-up is completed. Since the nature of a circus limits the areas in which the public travels, the major portion of the clean up will be in a limited area. Plus, there are a very limited amount of food items sold. Staff continuously cleans up the entrance are throughout the time the show is open to the public so trash does not remain on the ground. Trash is cleaned up after each performance inside the tent. And, once each day, trash will be picked up in the parking area, which is expected to be minimal since most people consume items early in the show and are unlikely to bring trash back to their car. A trash dumpster will be contracted for placement on the grounds. Several trash cans are avail- able for public use in the circus entrance area. We will also have bins in which people can put recyclable items. However, due to the nature of our operation, most people buy their food products and take them immediately into the tent where they sit down. They normally let their trash fall through the bleachers, where we clean it up after each show. Since sodas and water are served in plastic bottles and cans, our staff will put those, along with appropriate paper products into the recycle bins and transport them to an appropriate recycling facility or make arrangements with the dumpster company for their removal. I hope that I have provided you with all the information needed to approve this plan. If you have any questions please call me at 702-513-9767 and I will be happy to assist you. Angelina M Quevedo - Tabares Entertainment, Inc. 992 Blue Lantern Dr. Henderson, NV 89015 Phone: 281-570-5758 E-Mail: Aquevedo@circusvargas.com 12 Circus Vargas 2016 Event Proposal National City Circus Vargas Security Plan Since Circus Vargas is a family show and attracts primarily families, in-house security has been sufficient to provide appropriate crowd control. Since there is nothing to see other than the show itself, there are no people just loitering in the area. Crowds come at show time, enter the enclosed midway area and take their seats. After the show there is nothing else to see so they exit to their cars. Many of the things that attract or encourage trouble or the necessity for police intervention will not be present at Circus Vargas. Alcohol will not be sold or served and there are no games of chance or mechanical rides. While a carnival attracts ages 12-22, Circus Vargas primarily attracts children of elementary school ages or younger along with their parents and grandparents. Circus Vargas has its own security team consisting 8 uniformed (unarmed) security personnel (includes one head of security). The uniforms consist of matching Circus Vargas shirts and pants. This low key approach to security maintains the atmosphere of family fun. All security will be scheduled one hour before each performance and stay Thirty minutes after the performance. Security personal will be stationed both inside and outside the tent as well as next to the ticket booth. Security Personnel have access to lAr lkie-talk=es for communications hOween themselves in addition to cell phones that can be used to call additional personnel as well as local police or fire, if it becomes necessary. In addition to the security officers, a closed circuit video security system monitors the inside of the ticket booth, where money is handled, as well as the midway area and the area in front of the ticket booth. This video system is attached to a recording device that can be used to have a record of events. Angelina M cuevedo - Tabares Entertainment, Inc. 992 Blue Lantern Dr. Henderson, NV 89015 Phone: 281-570-5758 E-Mail: Aqueveda()circusvargas.com 13 • Ux ` -• 1 C' Exit 'N. N.. Circus Vargas 2016 Event Proposal National City Id. Exit •• U S.• _ 10 Exit ACCESSIBLITV SHEET ENTRAr:C CENTER FI G ms 'tiI O'er a ai /� �; ;1 r 1'N j. 9;- ' SR.vr* ' 1• SRar,e.i�rtar\\•• ( �/ ▪ H▪ awn. masher. k`'i y4l . trru.tt 7"" 10' Eftit • S Rae, akwhert <. - 20' EXIT 7-10EXITS ` X -Fire Extinguishers to 2A-1C C stated • located soar exits Area Marked as Arena seating are bucket plastic shahs Asia Marked Bleachm are Benches Xentlag •j i G .• • t i8ontos wrawnit-riAg have 2-Jnwb Of 4 Weise theirs *ash with an alai* betwsaa groups of two. Chairs ars removed for Handicapped Satiny on an rla.n**dad basis 10' Exit Seatios Capacity 1,250 - h 1 Assess llie RRi ruuui 111,74 Public Entrance 33xSS' VS •iCoSgIDeWMilos Mt Food and Nine bears staters are y, i 0' is 10' wheel Chair aceessibie Et 32 incIes xSei•Ambalaat 4.cattrg w Curtain openings at twits have oontraatissp colors lilurnigated Exit Sign with 3 sources of power a. to Ito toast and am on a fr**-alidittg maw support. above every exit. Sigm attached to a generator, a4 Curtain height a minimum of 130-inches above floor hack up generator and battery as third source of power. gi I*vel and do not obatroet the: twit. [Mown of ogress its Ilivathtated from light mn top of exit sign at not ions than i.foct candle at Boar level. I a I No Smoking Signs Posted inside Tent Exit Segos and illuminated egress signs ebto to operate No cooking Inaido the tent 90 minxtas when operated at toll design demand. Angelina M Quevedo - Tabares Entertainment, Inc. 992 Blue Lantern Dr. Henderson, NV 89015 Phone: 281-570-5758 E-Mail: Aquevedo@circusvargas.com 14 Circus Vargas 2016 Event Proposal National City ACCESSIBILITY LOCA11ONS Angelina M Quevedo - Tabares Entertainment, Inc. 992 Blue Lantern Dr. HendPrsnn, NV 89015 Phone: 281-570-5758 E-Mail: Aquevedo@circusvargas.com 15 Circus Vargas 2016 Event Proposal National City Circus Vargas Ringside Box Seating 150" 7 2 ,3 4L ,2 4 4 9 150".. Performance Entrance 48„ 48" A9 4 S' 3 .7A B I 5' Performance , 9. 1 4i Ring C ,` 3, 13: ii r 1 i a r 0, i 5, 1 VIP Seating G F E D 2 3 1 9\111 4 2 3 6 7 8 9 Main Entrance 7 6. 8 Angelina M Quevedo - Tabares Entertainment, Inc. 992 Blue Lantern Dr. Henderson, NV 89015 Phone: 281-570-5758 E-Mail: Aquevedo@circusvargas.com 16 Circus Vargas 2016 Event Proposal National City HARING LISTNING DEVICES i 444f34l4444E4l4 Circus Vargas is equipped with 4 Hearing Listing Devices. These devices are tramissiting through a wireless FM Receiver. Thease are avaiable at the box office upon request. Angelina M Quevedo - Tabares Entertainment, lnc. 992 Blue Lantern Dr. Henderson, NV 89015 Phone: 281-570-5758 E-Mail: Aquevedo@circusvargas.com 17 Circus Vargas 2016 Event Proposal National City EO3 Specifications Overall System Performance: Frequency response: 100 Hz - 10KHz ± 3 dB Signal-to-noise ratio: 60 dB Total Harmonic Distortion: < 0.5% RF Carrier Frequencies: Eight factory preset channels between 72-76 MHz ,Channel AA: 72.1, BB: 72.3, CC: 72.5, DD: 72.7 ,EE: 72.9, FF: 75.5, GG: 75.7, HH: 75.9 Frequency stability: Better than .005% Modulation: FM ± 75 KHz Operating range Up to 300 feet line -of -sight E03-T Transmitter Line Input Connector: One 1/4" phone jack, Impedance: 100 K Ohms, unbalanced. Mic input : Connector: One1/4" phone jack Impedance: low impedance, unbalanced, with 9 VDC at 1 mA for condenser mic. Power Output: 80,000 µV @ 3 meters Controls: Power On/Off, audio input gain adjust Indicators: Power On LED, Audio Modulation "TX" LED Antenna: Permanently mounted telescoping whip Power requirement: 9 VDC regulated, @ 200 mA, AC-E03 adapter provided Dimensions: 1.25" H, 8.25" W, 4.25" 0 (3,175 x 20.9 x 10.8 cm) Weight: 18.2 oz. (500 g.) E03-r Receiver Controls: Combination volume/on-off wheel Audio Output: 100 MW max into 16 Ohms Connectors: 3.5 mm mini jack for earbuds output Earphones: Binaural EB-3 earbuds with optional -use EMI soft rubber inserts Antenna: Integral with earbud cord Indicators: LED power on indicator Sensitivity: 2 µV for 12 dB Sinad with squelch defeated, Squelches at 10 µV for min. 50 dB S-N ratio Mute Threshold: 8-10 µV Power requirement: 9V carbon zinc or alkaline battery Battery life: 17-20 hours with alkaline battery; 10-12 hours with carbon zinc battery Dimensions: 3.35" H, 2.75" W, .75" D (8.5 x 6.5 x 2.25 cm) Weight: 2.65 oz. without battery (73 g) Angelina M Quevedo - Tabares Entertainment, Inc. 992 Blue Lantern Dr. Henderson, NV 89015 Phone: 281-570-5758 E-Mail: Aquevedo@circusvargas.com 18 Circus Vargas 2016 Event Proposal National City PetFormer Trailers 1 Gerveratov,:., . _.. Fire Lane Eteterocrbey Exit Entosencr Exit t2:eraaement Trsitota Er tyaaey Exit Circus Vargas Tent 147•feet Round oQT jD Truck t Track • s ,.fit:a tf T Emergency Exit fltt aww.r..ti,ou, sxea..n�rosx.. Puittio entrance 1s 7 g aa, to it Eery Gate 1 Tickets I Envy Gaffe ettmezieneet xt leaflets CIRCUS V tRGAS GENERIC LOT LAYOUT T Specific layout may be andifled for the location there the sham is set up. This sheet is pmrided to show the entire operation and appr oainude location of items to beset up. Water is obtained front a local hydrant an all used seater (d) is bald he tanks until pumped by a local company Angelina M Quevedo - Tabares Entertainment, Inc. 992 Slue Lantern Dr. Henderson, NV 89015 Phone: 281-570-5758 E-Mail: Aquevedo@circusvargas.com 19 Circus Vargas 2016 Event Proposal National City txoemaaray uieasa so etagnlp Nang R. EsSngul n Performer trailers Genero10:_ emer,enCy Goossnn Fire lame Stcic line Emuryancy Ent Circus Vargas Tent 147-feet Round - vet: tt /ty. t: fre e e /y0 :T b W Varermmgem SYJik: W I Truck I Truck I nrtiLnty Ent Enuor a.y r Exit 4: Emwgormy ❑DI nn a �esn�. fenyYn4 L IIYotlaHa•xe%y 7 n.wWNY MIMin Public Entrarica tr ,. ss aJ Entry Q�Q zz TiCket$ Entne Garr n re. shoo cr ctu rr9i4vn• . Truck I Truck l7 3 CIRCUS VARGAS GENERIC LOT LAYOUT Specific layout may he modified for the Location where the show Is set up. This sheet Is provided to show the entire operation and approximate location of items to be set up. Mister Is obtained from a local hydrant au all used water (J) is held in tanks until pumped by a local company Angelina M Quevedo - Tabares Entertainment, Inc. 992 Blue Lantern Dr. Henderson, NV 89015 Phone: 281-570-5758 E-Mail: Aquevedo@circusvargas.com 20 Circus Vargas 2016 Event Proposal National City EGRESS PLAN ENTRANCE 10' Exit SAna F ramocarrnps `..wrR K} \ \ aaxaawp k ` tea.` - rRp.a Nt}' mi me. t 'de 7 t "s' F . ▪ ... �. : 0 . V — . ;; - 10'snit ..;,I4 Sawa ; PY..r.„ntlpr3ap 'rYatiaL. 77 as+,i,u.aa.parrla ��'`y!A* 'rnw{ a j {vYawaprrrty� set% cEitTES RING yt. — 20' ExiT —10' EXITS • X —The Extinguishers • 1e 8A-1o15S Rated . located nem exits Area Marked as Steadiers are beaches Area Marked as Arena are Baker plastic asks !~+soles✓ craord gine leave is rows of 4 loose theirs each with an aisle between grown of two. Chairs are removed for Handicapped Sewing an an`awaeeded basis vl a.., •' `Nau.0 yaq}•. r / •' IMud i4 ?toirprnp.ty :�" • J M MI WSW are ' it jArcesiibieRexrnnRv S Public Entrance 4Vti.. 10' illmninated Exit Sign with 3 1)Ourt02 of power above every exit. Siena attached to a seawater, beck up generator and battery as third source of power. ,KM. Means of ogress la lilnrnleated from light on top of exit sign at not lona than 1400t candle sallow level. Snit Signs and illuminated egress alsne able to operas SO minutes *Men operated at full design demand. 0' Ns- Nu Sao 1ng Sign as ffa o4 sad lerolties nonetp ri are 10' Mod Cbair Aaxralble at32 a%4w SySrwlsoabotsur Boating Curtain opaainge at exits have eentreatiap co/ors to the tent and are on 4 free -sating metal support. Curt a height a aainimura o4 as look ii allows flyer level arid do not abstract the exit. No Smoking Signs Potted inside Tent No cooking inside the teat Angelina M Cluevedo - Tabares Entertainment, inc. 992 Blue Lantern Dr. Henderson, NV 89015 Phone: 281-570-5758 E-Mail: Aquevedo@circusvargas.com 21 40- 60eP4ths - C \i ,1 /JIM NOM -_—/ Circus Vargas 2016 Event Proposal National City MZ.ttrAi. yA.R. 74%7: C,TI. P.512.4t4ki: MT Prete erpurrAlc-Psou TLAME RI TT PRODUCT Pr r r.'W,E.2Cafrila..1.Tre 52; r•:.? r- 44 : • • . i••• • ▪ trr l'tlk =V• VL • 'e - . hr, , .••• •.• ; Os. APT:, • - - • • ' • r : . • • ...•7'• :1 1 Ory",- •Mi'l.:4`1% . f e TIt.1344"..1 !•4411. 2.2t eV't v.!) 2tikki•LIKp„. 44 4,40., 4 ,• P •„ee e; Expires: fi6-.30-/ 6 • R. Angelina M Quevedo - Tabares Entertainment, Inc. 992 Blue Lantern Dr. Henderson, NV 89015 Phone: 281-570-5758 E-Mail: Aquevedo@circusvargas.com 22 Wore. aw Circus Vargas 2016 Event Proposal National City ELECTRICAL PLAN lax fa has 9O plops, 90 ma ga r.b 9e lasaM a. to are normally 4 we at rows eaa..122 eelp Main bleaker EV.wkMMNaMonre aral...rawaar Exit feW.r testerliaots a.r orl 1 mammals miasma eras. BISOtrlo OOAaq, lkot Box 84 To gram& (Groomed bfe) aedloMalareahre gsnamoter 30 it MlL from tent To greed (Gvio d Eft) Exit _ Elea Electric Box 1t1.12S12t1E Usai f r Shaw 1.4000.ma Soled .mill Irmo *Draft *.•Memo and era aeo0Paaaaa.rt.ae+. ISO aro WPM a.rr.aaaar. Me as maim ammew uaa, ma Darin *wawa Center Miner Peeformexae Aron faxes 02 real e9 am* bare 1205ib.+mp end 20*aap earl atom worms pbaeda.ealsan. Thor haw 0/4 olio -eea.ap mod 1013.&a • !0 amp» . salaam and Sw. each besieger at MG asap.. Electric Electric Box 12 Box 43 - Fausagjy anacstais Exit otUJ:r U14: INhas 100 asap Traeke fr""te' iraJ Weeks Exit xit fileartgekawira trailers ED EDC] Circus Vargas Generic Electrical Layout SpeciBeiayout ssrl e-modifb for -the -location wberete-shew-isaet-up...'i=his-sheet-fie-prowl led-tu show the afire operation and approximate locations of slretriclll systole to be setup, Each Box is a Breaker Box with Receptacles. With a fall draw of electricfty, generator 91 operates at 59% of capacity and generator 93 opcesu at 75% of capacity Angelina M Quevedo - Tabares Entertainment, Inc. 992 Blue Lantern Dr. Henderson, NV 89015 Phone: 281-570-5758 E-Mail: Aquevedo@circusvargas.crom 23 -v- — Circus Vargas 2016 Event Proposal National City ELECTRICAL DISTRIBUTION Angelina M Quevedo - Tabares Entertainment, Inc. 992 Blue Lantern Dr. Henderson, NV 89015 Phone: 281-570-5758 E-Mail: Aquevedo@circusvargas.com 24 Plaza Bonita 3030 Plaza Bonita Road Suite 2075 National City, CA 99950 Telephone (619) 267-2850 Facsimile (619) 472-5652 February 18, 2016 City of National City Building lit Safety Department 1243 National City Boulevard National City, California 91950-4301 Re: Temporary Use Permit Tabares Entertainment (Circus Vargas) — Westfield Plaza Bonita To whom It may concern: I hereby authorize Angelina Quevedo, acting as representative of Tabares Entertainment, Inc., to operate a business known as Circus Vargas in parking lot #1 at Westfield Plaza Bonita during the dates of March 8, 2016—March 28, 2016. Angelina Quevedo has permission to install temporary power to poles in parking lot #1, to provide power during the temporary use time if adequate power is not already In place. Angela Quevedo will obtain all necessary permits from National City for occupancy at Westfield Plaza Bonita. Please feel free to call me if you have any questions at 619.267.2850. Sincerely, Nate Smith . General Manavr Cc: retailers file 25 1 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Tabares Entertainment Inc. EVENT: Circus Vargas DATE OF EVENT: March 10, 2016 to March 27, 2016 TIME OF EVENT: 12:30 p.m. — 9:30 p.m. APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x COMMUNITY 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: DEVELOPMENT SERVICES (619) 336-4380 PLANNING: All activities shall comply with the limitations contained in Table III of NCMC §12.06.040. RISK MANAGER (619) 336-4370 fl Provide a valid copy of the insurance certificate wherein the City of National City is a named insured. o That the insurance policy provide a hold harmless and indemnification agreement which must have a combined single limit of no Tess than $2,000,000.00 (ONE MILLION DOLLARS) and $4,000,000.00 (FOUR MILLION DOLLARS) in aggregate that would cover the dates of the event. o 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. 26 • 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. FINANCE (619) 336-4330 Circus Vargas has a current business license #65452. FIRE (619) 336-4550 INSPECTION REQUIRED Total fee amount for all Fire Department permits is four hundred ($400.00) dollars. Fees can only be waived by City Council Stipulations required by the Fire Department for this event are as follows: 1) Access to the Circus Vargas to be maintained at all times. 2) Fire Department access into and through the booth areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not Tess than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches 3) Exit signs shall be provided at all required exits. Exit signs shall be green in color (National City Municipal Code) and either self illuminating or electrical with a 90 minute back-up power. 4) Fire Hydrants shall not be blocked or obstructed. 5) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 6) Vehicles in roadway are to move immediately to the right Don apwroach of emergency vehicle(s). 7) 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 approved California 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 for cooking. Fees can only be waived by the City Council. 27 Canopies: 0 — 400 sf - $0 401 — 500 sf - $250.00 501 — 600 sf - $300.00 601 — 700 sf - $400.00 Tents: 0 —200 sf - $200.00 201 — (+) sf - $400.00 8) Concession stands utilized for cooking shall have a minimum of 10 feet of clearance on two sides and shall not be located within 10 feet of amusement rides or devices 9) All cooking booths or areas 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. 10) Fire extinguishers to be mounted in a visible location between 31/2‘to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. All fire extinguisher to have a current State Fire Marshal Tag attached. 11) Emergency generators and standby power systems shall be installed, tested, and maintained in accordance with NFPA 110 and NFPA 101, Standard for Emergency and Standby Power Systems. 12) A fire safety inspection is to be conducted by the Fire Department prior to operations of the carnival to include all rides, cooking areas, game booths, etc. Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of two hundred ($200.00) dollars. Fee is to be paid to the Fire Department Administration offices under separate permit. Fee is to be_paid_p.rior_ toevent, 13) No smoking signs to be posted. 14) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. 28 POLICE Make sure Ticket Booth Lines are set up so overflow lines are safe and do not end up in the street or parking lot. Mall Security and applicants internal security is satisfactory. Police Patrol will provide extra patrol. 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 voiunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. 29 CC/CDC-HA Agenda 3/1/2016 — Page 383 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit St. Anthony of Padua Church presentation of the Live Stations of the Cross starting at 410 W. 18th Street on March 25, 2016 from 3 p.m. to 4 p.m. with no waiver of fees. (Neighborhood Services) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 1, 2016 ITEM TITLE: Temporary Use Permit — St. Anthony of Padua Church presentation of the "Live Stations of the Cross" starting at 410 W. 18th Street on March 25, 2016 from 3 p.m. to 4 p.m. with no waiver of fees. AGENDA ITEM NO. PREPARED BY: 'Diortisia Trejo DEPARTMENT: Neighbor od S�r�{ices Department PHONE: j(619) 336-4255 , APPROVED BY: �^ EXPLANATION: This is a request from St. Anthony of Padua's Church to conduct it's representatk*Ybf the passion and death of Jesus Christ on March 25, 2016 from 3p.m. to 4p.m. Event begins on church grounds; followers will start the church walk on Harding Avenue going northbound until reaching W.16th Street. The church walk will then continue westbound on W.16th Street where they will tum south going onto Wilson Avenue. The walk will then continue southbound on Wilson Avenue to end inside St. Anthony's parking lot on the corner of Wilson Avenue & W.19th Street. During the walk, amplified sound will be used for certain prayers to reflect the presentation and the incidents from station to station. This event was approved last year by City Council with no waiver of fees. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: City fee of $237.00 for processing the TUP through various City departments, plus $128.64 for Police Department. Total Fees: $365.64 ENVIRONMENTAL REVIEW: N/A� ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: NI ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. "tpe of Event: Public Concert Fair Festival iD Parade IU Demonstration Circus ® Motion Picture LjGrand Opening Other Event Title: Live Stations of the Cross Event Location: St. Anthony of Padua Church Event Date(s): From 03/25/16 to 03/25/16 Actual Event Hours: 3:00 PM to 4:00 PM 7JCommunity event EDBlock Party Total Anticipated Attendance: 300 ( 50 Participants 250 Spectators) Setup/assembly/construction Date: n/a Start time: n/a PM Please describe the scope of your setup/assembly work (speck details): Dismantle Date: n/a Completion Time: n/a AM List any streets) requiring closure as a result of this event. include street nar ie(s), day and time of closing and day and time of reopening. Starting point is Harding Ave. turning west on 16th Street, double back south on Wilson to end at St. Anthony's parting lot on the corner of Wilson & 19th Street N S $ !ArT ! N:I '• Sponsoring Organization: St. Anthony of Padua Church Chief Officer of Organization (Name) Rev. Jose Edmundo Zarate- Suarez Applicant (Name): St. Anthony of Padua Church Address: 410 W. 18th.Street National City Daytime Phone: 6194774520 Evening Phone: Fax: 619-77-8708 E-Mail. stanthonyofpadua@sbcglobal.net Contact Person "on site" day of the event:Rev. Edmundo Z%Cellular: 619-259-4641 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? ✓YES❑NO Are admission, entry, vendor or participant fees required? ❑ YES ID NO If YES, please explain the purpose and provide amount(s): $n/a Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ n/a Estimated Expenses for this event. $ n/a What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? OVERALL FrsillENT DESCRIPTION ROUTE MAP/SITE D1AGRAM/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. Representation of the Passion and death of Jesus Christ. It begins in front of St. Anthony's Church. Volunteers of the parish will do the procession in the street and our community will be walking on the sidewalk, they will participate in prayer and meditation. We will follow road/ traffic rules. "YES ElNO 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: n,a AYES❑NO Does the event involve the sale or use of alcoholic beverages? ❑YESINO Will items or services be sold at the event? If yes, please describe: OYESjJ NO Does the event involve a moving route of any kind along streets, sidewalks or high,rtey:i? If YES, attach a friKt*iemi map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. DYES El NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. jJYES Ltd NO 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. ❑ YES INO Will the event involve the use of the City 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: HAlcoholic 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: CAS ELECTRIC CHARCOAL OTHER (Specify): ❑ Portable and/or Permanent Toilet Facilities Number of portable toilets: (I 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 tenticanopy dimensions) Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers n 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 esturned to a clean condition.) Number of trash cans: Na Trash containers with lids: n/a Describe your plan for clean-up and removal of waste and c rhana during end after the evert. n/a 3 Please describe your procedures for both Crowd Control and internal Security: Parish Staff and volunteers will rely on National City Police for emergencies. nYESCNO 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: nYESINO 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. n/a Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please provide a detailed description of your PARKING plan: rda Please describe your plan for DISABLED PARKING: Please describe your plans to notify all residents, businesses and churches impacted by the event: n/a NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. 4 EJYES INO 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: 3:00 PM Finish Time 4:00 PM YESEI 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: ❑YESI NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: DYES1NO Any signs, decorations, special lighting? 1f YES, please describe: 5 City of National City PUBLic PROPERTY trISE 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 attaohed to this permit. Organization 51- • A-M1N Lo Packv6, Person in Charge of Activity 12-4 v • 3 0 &A.- Ecar" idt"..&43 744 C 144 Se- 7- Addre5s L-R 0 w t 4.-i-to.64-0..CL Telephone Colit -c4s-ao Date(s) of use 3/-2- rit 6 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,. Certificate of Insurance Approved evez, ekchr oi,404. Date AritrodU10 Goo& Maps Go late Maps :. • 4! lwertroOlar• t I, ".4 ., .1c = • 'i . ; i. It .•Zr ' •,-!'t t it ' t i 11 :.- A , 1 4 • •k. ' rt. 2enCOFTI. '• • 0401ihyryntinen, Nigrameitete,or tkodtalivi N. 441e. \-.:04 • OAF e 5.590, • ascolooio...uos• j• uttP11101,4 .A ,"1.''•!. „,.. easbiloN yr .r. ?e7... i •O't' -1 1115 , .tr! II PownipKto, , /5_, , ta 7. dIstralloirattigr ...MN* ".- 0140.11141411i1/ r,,Sts iv , ig .?. • sli 'it a ...,e. 1.4, Pen,,Peced b aarr.r. w4, 1 I. n 7 t 1t111.4e4 t1 (9. lk. n, " , ,_ • .4.• '.. *7' /: • q '`' 11.4°4 1. - • ' q .11 ts+Avi-pion ., II '2 N il , b ' WO itiirifottr.4.1, v. % Wit amerret.r. - ,t, IN ,--Ms ...• ‘ ; i, ,, i-N, Pot.e,fltikiikrIt. 11 T.i.44.17.4..,to. N.`• . 1; ttlfeSrtattt „et:, 111 GINdtrito% I . do sodo,comy 1. aomo.ovaorivov It.foimar- t Map data 02016 Google 200 ft 7 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: St Anthony of Padua Church EVENT: Live Stations of the Cross DATE OF EVENT: March 25, 2016 — 3:00 p.m. to 4:00 p.m. APPROVALS: COMMUNITY SERVICES YES [ ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] DEVELOPMENT SERVICES YES [ ] NO [ ] SEE CONDITIONS [ ] PUBLIC WORKS YES [ ] NO [ ] SEE CONDITIONS [ ] FINANCE YES [ ] NO [ ] SEE CONDITIONS [ ] 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 • 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. 6 That the insurance company issuing the insurance policy must have a A.M. Bests 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. 8 FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: 1) Maintain Fire Department access at all times. 2) Means of egress shall not be obstructed in any manner and shall remain free of any material or matter where its presence would obstruct or render the means of egress hazardous. 3) Access for Fire Department shall be maintained at all times. At no time shall fire lanes, fire hydrants, fire protection systems of all types etc. be obstructed at any time. A minimum of 20 feet wide shall be maintained for the use of fire lanes. If you have any questions please feel free to contact me. POLICE (619) 336-4400 Based on the information provided, the recommendation would be that 2 officers be assigned to the procession for a period of 1 (one) hour in order to provide a safe traffic break as the procession makes its way around the proposed route. The current officer rate is attached below: POLICE DEPARTMENT OVERTIME COSTS Total hours 2 Officer(s) at cost of $64.32 per hour 2 (C) $128.64 CITY ATTORNEY TOTAL COST $128.64 Requires an inmmi t'catioxLand bo.LdJ armtesa agreement,- _and- a- icy -of- general liability iinsurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager: 9 CC/CDC-HA Agenda 3/1/2016 — Page 394 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit - Community Service Day sponsored by the City of National City Community Services Division on Saturday, April 30, 2016 from 8 a.m. to 4 p.m. (Neighborhood Services) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 1, 2016 AGENDA ITEM NO. ITEM TITLE: Temporary Use Permit — Community Service Day sponsored by the City of National City Community Services Division on Saturday April 30, 2016 from 8 a.m. to 4 p.m. PREPARED BY Ilonisia Treio PHONE: i61 g) t -4255 EXPLANATION DEPARTMENT`: Nallhborho APPROVED BY Dapartrnent is is a request from the Community Services Division to conduct the immunity " erv`ce Day event on Saturday April 30, 2016 from 8 a.m. to 4 p.m. Several locations throughout the City like Las PaImas Pool, Fire Stan 31, A Reason to Survive, MLK Community Center, Nutrition Center, Casa De Salud, Kimball Park and Las Palmas Park will have service day activities which include clean-ups, painting, installing art displays and landscape volunteer work. This event will include the serving of lunch at each site location for all volunteers. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. , APPROVED: MIS lay fee of $237.00 for.processin9 the TUP through various Cy departments and $ 931.60 for Public Worm, Total fees' $1.18.60 ENVIRONMENTAL. REVIEW: ORDINANCE: INTRODUCTION: i ' ! FINAL ADOPTION: IT] STAFF RECOMMENDATION: 4 prove the appiicatron for a Temporary Use Permit subject to piir i 46- a. e rd lone approval. BOARD 1 COMMISSION RECOMMENDATION: ATTACHMENTS: lApplication for a Temporary Use Permit with recommended approvals and conditfons of approval. af Feat Concert :U Fair gsPublio ade�.:F►Ti 3ARehm Event mum Community &Wilke Day . Lae Paints Pock-44n &alien 31, A Iteemon to Survle►e. 147.1E CcennineltyCtutgr. tril loe Center, Coe De SeisiglOmbeli Park. Las Palmas P Event [aisle): Rom 4,�18 fp 430118 Actual Event How : 8 to 4 PM Total Anticipated Attendance; (earne Partiotents NIA Spy) Setupi`aeeembiyloon on Date: 430 Siart time: 7 AM Please describe the scope of your ably meet (specific deta$s): sat up diadc4n tables and ioaiehlupplas for prvjeob W Lam' Dismantle Date: Completion Time: 6 PM List any sliest(s) requiring dosure es a result of this evert inckjde street name(s), day and time of closing and day and lime of reopen. None ,caiotf—APPLIOANT AND S .I Spe/mans ,; City of National City/Community Services Div% Chief Officer of Otganlzatton (Name] Lade Deese Applicant (Name): Audr,' Denharn �. Addlerim 140 E. 122h St Nationmi, City- . ,ice &mad. +Iiii�C'�FY FI'�Y '&i4�'F�IId � Contact 1'on iite ° dills eeventA d efpY iB�earlier /(319 NOl' TW$ PERSON MUST BE IN ATTENDANCE FOR DIE DURAnON CoF THE EVENT AND ilUDEDIATELY AVAILABLE TO art GALS is your organization a'rax Exempt, nonptelir organization? 71YESEJNO Are admission, sntry, vendor or participant tees required? 1YES LJNO , pic= oxptcin pain `w'.povi M 'a t1* SPUR Ealfmated Gross Receipts inoluding &lot, Lust and salsa from this avant ��� Estimated Expenses for the event sm, 0=53=4 service Day. As in tie s budget $ N/A What is the projected amount of revenue the the Nonprogt Organization wiR receive as a result of this event? OVEPLALL EVENT DESCRIPTION ROUTE MAPS1TE DIA14141VIISANITArtON Please provide a DETAILED DESCRIPTION of your event include dotage regarding any components of your avant snit as the uSo of vehicles, animals, rides or any other pertinent Information about the event. Comm* Service Day a an event where Irakurteers wildcats in paojacts that wll enhance Wend city neighborhoods. Volunteers wv perliotpaie In the rolowirrg aotividtes at the various stew paint, dean, organize, landscape. bold. halal crt deploys, d . DES • if the event involves the sale of cars, wi the cars come inclusively from NeUanel City car dears? If NO, list any additional dealers Involved in the sage: DiEsiato Does the event Involve the sacs or use of alcoholic des? Uv LJ o WM Mama or oervices be sold et the eves if yes, please doco@ DYSON° Does the event involve 111 moving r of any I stremt% sidewalks or higirawys? IfYebbe**omap ofyaw reuftIndicate d rec1 an o?li 1, and provide *written narrative to sxpia In your tom. MYESD NO Dees the weft a ittod veftus t%as' ifYES, erwriq a detailed site € =gam CrQ CAW. OYES ©NO Dcas the avant Waive the use of tads or surmise? NYES: Number of terftamPlos___ _w._ i tmei NOTE: A separate Rre Bowknot permit is reerlred for terns or corteAra. OYE5040 WI the.vent kwolve the use of the az= me siege or PA system? SPECIFY: In Walton to the route map required above, please attach is diagram showing the overall layout and set-up locatlorm for the following IMme • Alcoholic and Nonalcohaio Concession and/or Beer Garden areas. Fond Concession andfar Food Preparation areas. Phrase describe how food wrl be served at the event Remus Immense. be swift far Ihe vdurwar� If you Wend to cook food in the event ghee please specify the method GAS ELECTRC CHARCOAL OTHER (S El Portable and/or Permanent Toilet Facitles Number of portable toilets: (1 for ovary 250 people to required, unions the axiom m Gen that awe are fisdgiisi in Me Immeds* arse avalsble to the public durktg the event) Tattles # e and Chalks # e Fencing, bantam anchor barricades Generator locations aruVor source of electridly Canopies or tent locations (Include tent/canopy dimensions) Booths, exhibits, displays or endostnes Scaffolding, bleachers, platform, elegem, grandstands or related sbucduree Veldt ender hailers • atur ralatad event octitryorteras not covsiod ewe Trash miners and dumpatsra (Note: You must properly dEspoee assets and garbage fore tzt To term of r event end knmedistely upon concuebn of*. end the area must be rearmed to s dean aondllbn.) Number of trash : Trash containers with cco will provide lets@ dumusters at eraalt 't bE a 3 ECU .CESOMI-Lirr..• ..1 Plecce d=crirs paur procedures far both Crowd Control and Memel Seasily: A Ham, you hired wry Professional Security orgentesSonto handle security arrangements for this event? if Y , please het Security Organization: Address:Security Organization « Security Director (Name) _ : OYESZNO Is thle a night surd? tf YES' please state how the event Bred surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made tar providing First Ald Staffing and Equipment. test Ald idle oil be supplied at each Wagon Please describe your Acoessiblifty Plan for access at your event by Individuals with disabilities: WM work with participants with disabliths toensure thev ancemMdal wilhiski_routesjnd ate• FN M G MPAC I Pinta provide a detailed description of your PARKING pion: ertlel enls will use public partdrep and street parking at alI_proiect be Iona Disablecipatition. ft eta at locations Please describe your plans to notify all residents, businesses and churches impacted by the event met flism will be ,bed NOTE Neighborhood residents must be notified 72 hours in advance when events are scheduled hi the CAI perks. 4 f FMTERTA4 NMENTATTRA CTiO NS AND Ftr D!Y!'9TiYJ D'YESM/0 Are Mare sew mustai enIertalnrrmnt features ret ed to your event? YES, please state the r of sieges, number of bards and type of music. Number of Ste: Number of Swab: Type of Music D YESONO WS Sound implication be used If YES, *see Made: Start i ne: AM Finish TimePM D YES1I NO 9Mq sound checks be conducted prior to the event? If YES, Please Indic Stert time: PEA Flnluh Time PM Please desarbe the sound equipment that wE be used for your event DYESLI NO Firework% rockets, or other pyrotechnics? if YES, piseea describe: TESZINo AnY stink bennenk decoratIone, wed RYES, lie &scrim 5 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: City of National City 1 Community Services "Division EVENT: Community Service Day DATE OF EVENT: April 30, 2016 TIME OF EVENT: 8 a.m. to 4 p.m. APPROVALS: DEVELOPMENT SERVICES YES [ ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x PUBLIC WORKS YES Ix ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ ] NO [ ] SEE CONDITIONS [ ] COMMUNITY SERVICES 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 Participants will be required to sign a participation waiver acknowledging and assuming any potential risks of participating in the community event. PUBLIC WORKS (619)366-4580 Narks Division 1. The Park Division will have two staff members work this event like we did last year and we will assist with ail landscape related details. 2. Staff will work from 7am - 5pm = 10 hours 3. The cost is $45.58 per hour of overtime 20 hours 4931.60 GOMMU-N iTY S-ERVIC E-S The Community Services Department is taking the lead on planning, coordinating, and hosting this event. We are collaborating with other city departrnents, A Reason To Survive, and other community organizations. We are coordinating the following: projects at each of the locations, marketing for the event, registration of volunteers, lunch and snacks, donations, etc. 6 POLICE The Police Department does not have any stipulations for this event. We will advise on -duty officers and request extra patrol at the site venues and stop by and participate. I will advise our Comm. Services Supervisor Sgt. Sullivan of the event in case he is interested in participating in some capacity. CITY ATTORNEY Participants wiii be required to sign a participation waiver acknowledging and assuming any potential risks of participating in the community event. 7 CC/CDC-HA Agenda 3/1/2016 — Page 403 The following page(s) contain the backup material for Agenda Item: Request to use Martin Luther King Jr. Community Center (North and South Rooms) by National City Chamber of Commerce for a Job Fair on Wednesday, April 13, 2016. Applicant anticipates approximately 1,000 attendees. Applicant is requesting a waiver of fees. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 1, 2016 AGENDA ITF” !O. ITEM TITLE: Request to use Martin Luther King Jr. Community Center (North and South Rooms) by National City Chamber of Commerce for a Job Fair on Wednesday, April 13, 2016. Applicant anticipates approximately 1,000 attendees. Applicant is requesting a waiver of fees. PREPARED BY: Kathy Guzman PHONE: 619-336-4297 APPROVED BY: EXPLANATION° The Chamber of Commerce is requesting the use of Martin Luther King Jr. Community Center (North and South Rooms) for a Job Fair on Wednesday, April 13, 2016. The fee summary is as follows: Fees: Non-Waivable/Non-Refundable Fee: Refundable Deposits: Hall Fee $1,172.60 Facility Use Fee $50.00 Custodial $420.00 Chairs/Tables $208.00 DEPARTMENT: Engineering/Public Works Cleaning $100.00 The total fees, including the non-waivabieinon-refundabie Facility Use fee, is $1,850.60. There is also a refundable deposit of $100.00. This request is consistent with City Council Policy 803 governing the use of this facility. Under the current City Council Policy 804, this event is not listed as a City -sponsored or co -sponsored event. However, the Policy 804 Ad -Hoc Committee has recommended listing this event as 2 City co -sponsored event as part of the Policy 804 update. This is the fifth year for the Job Fair. Last year, at the January 20, 2015 City Council Meeting, Council waived hall, chair and table fees, and requested payment of the refundable deposit, custodial fees, and facility use fee. FINANCIAL STATEMENT: ACCOUNT NO. 001-41000-3575: $1,430.60 626-00000-3634: $ 420.00 ENVIRONMENTAL REVIEW: N/A APPROVED: 1//`I Finance APPROVED: MIS ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends approving the Facility Use Application with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Facility Use Application Certificate of Liability Insurance M CM.IF4tiU!4 n ikTI4 ty ;+vco,crono _ 4 � '121 r rr. 1 1� FZB lb P 3: 35 City of National City Facility Use Application Rev.6/28/11 2100 Hoover Avenue National City, CA 91950 (619)336-4580 Fax (619)336-1594. After hours dispatch: (619)336-4411 TO ALL APPLICANTS: It is strongly recommended that an applicant requesting use of City Facility attend the City Council meeting when the item is scheduled for consideration in order to answer any questions from the City Council. Facility Requested: please circle Martin Luther Kin Jr. Bui NorthRoom South Room entire Facility ) v eq?,ectu- s. Date(s) of Use: ,—�� .' .1 - u''� Day(s) of Use: ri i 13 &()} (,) ( ) Time of Use: From 1 00 6.9PM To: v 00 AM, INCLUDE SET —LT & CLEAN UP TIME Type of Function/Activity: TTh F l r" �,,,,, j Name & Address of Organization/Group: �)C trn't� ( 1,r' entuni, 901 i O 1 .BtV4. Non- profit organization Anticipated Maximum Attendance: I NO Will Admission be charged? _Iv/ Amount $ Equipment Requested: 2,00 00 # of chairs Yen Podium/Microphone Is the event open to the public? Yes Tax ID# S -1t 8185 Percentage of National City Residents 20'70 Will this be a Fund Raising Event? 28Ci )' so (84.) # of banquet tables Stage PLEASE ATTACH SEAT/!NG DIAGRAM Audio & Visual Equipment Required? (Please Specify) Use of Kitchen: Yes ?X No Use of Gas for Range and Oven: Yes X No Is the Use of Alcohol Requested? Will other paid services be used (I. e, commercialaterer DJ, Band, etc)? X Yes No Name: 1131) Phone: Name: Phone: • How many times in the last twelve months have you requested to use a City Facility? .%s clbbir Safv9e "am It is expressly understood and agreed that the applicant assumes all risk for loss, damage, Liability, injury, cost -or expense that may arise during or be caused in any way by such use or occupancy cif the facilities of the City of National City and/or Community Services Department. The applicant further agrees that in considerations of being permitted the use of the facilities agreed to, they will save and hold harmless the said City of National City, its officers, agents, employees and volunteers from any loss, claims, and liability damages, and/or injuries to persons and property that in any way may be caused by applicant's use or occupancy. I, the undersigned, hereby certify to abide by the regulations governing said facility and agree to abide by all City of National City ordinances and facility rules and policies, and be representative of the user organizations. Further, I agree to be personally responsible for any damage/loss sustained by the ground, building, furniture or equipment or unusual clean up occurring through the occupancy of said facilities. Application recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to sections 107 and I07.6 of the revenue and taxation code against applicant's possessory interest in the City's facility. I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE FACILITY REQUESTED, AND I AGREE FOR MY ORGANIZATION/ GROUP TO CONFORM TO ALL OF ITS PROVISION. DATE COMPLETED: PRINT NAME: Gcqu.itL 1iJti C SIGNATURE: ADDRESS OF APPLICANT: 961 it ty\p,l 13\1('d. CITY, STATE, AND ZIP CODE: kr:11101AI all t , I% O PHONE: DAY ! (:77 q3 39' ;-AY, NUMBER, .7 7 ` SO la HAVE YOUR COPY OF APPLICATION JT POSSESION DURING USE Please type or print clearly with a Ballpoint pen. Complete application must be submitted and payment submitted in advanced of the event. CONTACT PERSON ON THE DAY OF THE EVENT: 3-0coivel l: t, 1 6j n o PHONE: (tpl9 411— 95-5 CELL: (On) 8 0—to (~014. Public Works StatTOnly- Rental Amount Received: Receipt Number: Deposit Amount: Deposit/ Key Returned: Check Key issued: YES NO Dates) of use: n I 15 ). 601 io --tram tarn CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Person requesting use of City property, facilities or personnel are required to provide a minimum of $1,0000,000 combined single limit insurance for bodily injury and property damage which include 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: f\jQil tjc,l -k QhetYY162r l oroC eme._ I Person in charge of activity: v( eiike., I✓` a ntrap Address: CIO l L c h w of $lvd. c -ttM� grISO Tel eph one:(6 19) E-Mail: Koki bOSa 0 nekl-ifflalQiftidektarritotr, 0 r City Facilities and/ or property requested: MIX earebr -kj Oerjer (enfirs (rl1 Up p eV-.*t-not- � V , p+� ` HOLD HARMLESS AGREEMENT ` �5 Q 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 its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or 'damages 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 or related to the use of public property or the activity taken under the permit by the permit or its agents, employees or contractors. Signature of applicant Date Certificate of Insurance Approved by Name and Title Safety/ Security Please describe your procedures for crowd control and internal security: • Eact-th CTL away is xift . t t i Wi. 1 bi1 f.M11- c e 0,1r 0vv _ C -m1. -A rc � nett sr - cardJrn. Yamicir *-Pc)fy, wi C ►n +r� X YES NO Have you hired any Professional Security organization to handle Security arrangements for this event? if YES, please list: Security Organization: T b Security Organization Address: Security Director (Name): Phone: Additional requests a No wall dividers • Additional power cords e Screen and projector set up o Request of canopies outside of the lunch court to offer shade for the employers • Open Wi-Fi • Can we tape banners on tiie wall? i Can we use the TVs in the hallway of the MLK the day of? 49 Market even through city's social media, e-news, freeway message boards, and other community forums 6 Mayor and council invited to attend to give welcome remarks NcCFIADd1 OP & TB ikni..,.r�8 CERTIFICATE I� Cl4TE OF LIABILITY INSURANCE111201 HOLDER, THIS SY THE POUCIE8 AUTHDRIZED TEAS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CERTIFICATE COTS NOT AFFIRMATIVELY OR NEGATIVELY A,SI iD, EXTEND OR ALTER THE COVERAGE AFFORDED BELOW. THIS CERTIFICATE OF INSURANCE DOES HOT CONSTITUTE A CONTRACT SEMEN THE 1S$UINO RMSURER(S), REPRESENTATIVE OR PRODUCER„ AND THE CERTIFICATE: HOLDER. IMPORTANT: !E the certificate holder Is err ADDITIONAL INSURED, the pallry(ies) must be endorsed If SUBROGATION 18 WAIVED,* to the tenor end cotadltWonir oft the policy, certain pond:now roquirw an endorsement, A *dement on this million* does not confer tights to Me rtlScats holder In Ilou of such end4►rentert a1. PRDJY.iw E e i aN1 tdge toitraranc* $a r`rlrauL 1OTIT Somanto Valley fzm Sinn Die go, CA 82121 IR.B, Guy tnsuranoe Apo:14lrrc ...... . � ... t ( ! t IROMPitipAPPDROINOOOMAGe asueertA,Ehllettelllhi® indeignikor1nICO 180 Ael!!E.a_nzi tfty na""Oor vT CCIa.,° OrOC 1381 i ilDnal qty EIoUteVercl National City, cA 911050 IIIYJatsltr{t same c' PNWRTat D _ • THIS I9 TO CERTIFY THAT THE POUCI!B OP INSURANCE LISTED USLOW HA VIw a 1 NN TO TRIE INSURED NAMED Man KtFt THE POLICY PERIOD INDICATED. HOTWITNsTANDI'M8 A,NY REQUE MaNT, TERM OR CONDITION OF ANY CONTRACT OR OTHER =sew MR RESPECT TO MONTH II CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INS{JRANCE AFFORQE0 6Y THE POUCIEE DESCRIBE) 11EtEIN IS t3UDJE0TTO ALL THE TENM9, EXCLUSIONS AND CONDITIONS OF SUCH FOUC18& UMITB SOWN MAY H VE TEEN REr]LIQ8D BY PAI CLAIM$ IN TYPCorIMIFll114Ti0a PO Plinmum'l11111Cli 1 YrYl�J. 1. WPM A rilPa.iii X LLNIIJTY ... aaE aowL IkA�Ar Lwu4t ^t clAune lrs L::.I occult 2rHicIC1377lA17 8842/SD16 : EACH DCOui c8 ���6I tit 04GUJ2D16 , illewlf� 4 ec r b.� s ... 2 4 at 2,000,800 i rl__ . 4nr _ s 1001100 W VIitUCNAEB ALAI IM.URY {,E14D,40D . OINERALA6EDREIL4Tt; . T 4,lxDD,DOID --oortACOntOATE:LesTAP l n I Follow I l 1 ItAXS t l"�:•OOt 7V11'AWG i rtEOEE, d $ A AVIOlIOIe ---.„ X r; LIA91LrtY ANYAUTo Ay ri° HIREDAUtOd X , " "' • -:' .# ' LAUT PHPKI3TT8I.7 OW 'IP 4 $Ob .Yil•LRAtY{P.rp�rronl a Y#VAi1lYit rraAdw�11 . 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NATIO82 CI C1P OF NATIONAL CITY 1243 NATIONAL CITY BLVD, NATIONAL CITY, CA 9205' 1 SHOt LOAMY OFTHE ABOVE DESCRIBED E'OLJ:cFBd se CAME U.00- 9FFORE THE EXPOOkTEAFI DATE 'WOOF, Nt3`M* IMF _. r+iF nlerpg s im ACcONDANOEWNH THE POLICY PROV10I01+1E, y� ACORD 26 (201004 1*8 2G111 ACORDCORPORATION, AR rights The ACORD Warne and logo are reglirtrsd manes of ACORD 2 raw 400000.1=1 iparcitisorA. PHPKI377817 vteaufammettim,Eimmurit y si r p#�' 1 1 ��y � f+.20As3�Si:'9 i�Jl a r PH' .*S i EIE. t- *► i ; ltiE E *W U M ! Ft i Y, :aria irmiontzepwitw yoderoofahooi stimOttl 0 **Wool insoioiio00040r012PWlia4 City of National City, its officials, boards, commissions, employees, agents an contractors f r tn1:- ' tnol de se. an Ib'aI 1 nr n hiti 1n *WAN** to, 60114,t Qt sortie 4rf tut VONOihatt 1. le It* rstromelgaiif iNsursiyogn4. cm*** tO V ` '� 41 ' 000**010 tk* it l urta d"to t0 ec a r i ui ugin.toiti4it G. t 1 d�6at i . i uE Pfcitifrltg. 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Yes Date(s) Rgst'd: Wednesda, April 13, 2016 Facility: MLK Time of Event: 7:00am - 5:00 pm `# Hours: 10 # People: 1,000 Frequency: One rime: X ShortTerm: On -Going: Council Date: RENTAL RATES Hourly Rates Total MLK (for dining) Peaoie South North Entire (�yt Charge Notes 0-73 $23.45 nia n/a $0.00 73-149 n/a $70.36 r/a $0.00 150-221 n/a $87.97 nia $0.00 222-294 nia n/a $117.26 $0.00 MLK (dance/assembly) 0-100 $23.45 nia nia $0.00 101-157 $29.32 nia nia $0.00 158-300 n/a $70.36 nia $0.00 301-472 nia $87.95 nia $0.00 472-630 n/a n/a $117.26 10 $1,172.60 Rec. Centers & Casa varies --- --- $23.45 $0.00 Kimball Senior Center 0-149 --- --- $70.36 $0.00 150-221 --- --- $87.97 $0.00 Service Clubs Onlv $100.00 . per month Months: $0.00 KITCHEN ($50 min) $50.03 $10.00 per hour Hours: $0.00 FACIBLDG USE FEE 1 $50.00 CUSTODIAL (DeDIPW) Rate Duration $22/hr reg, or $35/hr OT $35.00 4 $140.00 Setup/Cleanup time $22/hr reg, or $35/hr OT $35.00 8 $280.00 1-100(2hr), 101-157(4hr), 158-300(6hr), 301-472(8hr), 473-630(10hr) CSD STAFF(DeoiCSDI $11.00 per hour Hours: $0.00 EQUIP: chairs: $0,75 each Qty: 200 $150.00 tables: $1.00 each Qty: 58 $58.00 TOTAL FEES F$1,850.60 DEPOSITS Kitchen: Clearing Key Deposit $60.00 $100.00 $100.00 Refundable Refundable Refundable $0.00 1 $100.00 $0.00 Total Deposits: 1 $100.00 ACCOUNTING: $1,430.60 001-41000-3575 $420,00 626-416-223-102 $0.00 001-441-000-100 I $1,850.60 Fees/Council Date reviewed/confirmed with: Date: Notes: CC/CDC-HA Agenda 3/1/2016 —Page 413 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) ** This item was held over from the meeting of February 16, 2016** CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 1, 2016 AGENDA ITEM NO. ITEM TITLE: Proposal from the Miss National City Alumni to produce and manage Miss National City Pageant. (Community Services) ** This item was held over from the meeting of February 16, 2016** PREPARED BY: Audrey Denham PHONE: 619-336-4243 EXPLANATION: See attached staff report. DEPARTMENT: Co APPROVED BY: rvice Mr FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: iN/A ENVIRONMENTAL REVIEW: NIA' 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 3/1/2016 — Page 427 The following page(s) contain the backup material for Agenda Item: Discussion on the formation of a Military Advisory Committee. (City Manager) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 1, 2016 AGENDA ITEM NO. ITEM TITLE: Discussion on the Formation of a Military Advisory Committee PREPARED BY; Leslie Deese, City Manager DEPARTMENT: Cit PHONE: 336-4240 APPROVED EXPLANATION: See attached Staff Report 1‘47.- FINANCIAL STATEMENT: ACCOUNT NO. IN/Al ENVIRONMENTAL REVIEW: N/AI ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Council direction requested. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Staff Report Discussion on the Formation of a Military Advisory Committee At the February 3, 2016 City Council meeting, Councilmember Rios requested staff return with a report on the formation of a Military Advisory Committee. Background: The City of National City has seven (7) established Boards and Commissions whose members are appointed by the Mayor and City Council. The City also has a number of ad -hoc committees which are generally short-term in nature and for a specific purpose, and are generally comprised of city staff, community members, and city councilmembers. In September 2013, the City Council discussed forming a military advisory committee to provide a collaborative forum on events and issues of interest to active duty service members and retired military veterans. While the City Council did not take action on the item, Councilmembers Rios and Sotelo-Solis offered to work together to refine the purpose and framework for consideration at a later date. In April 2014, the City Council established the War Memorial Ad -Hoc Committee with members representing the Veteran community, city boards & commissions and city staff. The committee's purpose was to redesign National City's War Memorial to ensure safety of the plaques and enhance critical features into the "D" Avenue community corridor project. Consistent with the nature of an ad -hoc committee, once the last component of the project is completed, the committee will disband. Purpose: National City shares a unique relationship with the U.S. Military, stretching back decades. This is due, in large part, to housing a major portion of Naval Base San Diego along the City's waterfront. We take pride in honoring National City's service members and hometown heroes. Some of the events the City participates in to recognize and honor our veterans and military personnel include: • Fallen heroes are remembered at the Kimball Bowl War Memorial, which is fully dressed on major holidays. • The City's "Armed Services Recognition Program' honors hometown heroes, past and present (link provided): (http:llwww.nationalcitvca.govlindex.aspx?page=529) 1 • The National City Chamber of Commerce hosts annual events to honor our Navy, which includes the City -sponsored Salute to Navy Luncheon and Salute to Navy Shipboard Reception. • La Vista Memorial Park's annual Memorial Day event honors the men and women who died while serving in the United States Armed Forces. • The City held a War Memorial Unveiling and Rededication Ceremony in December 2015. Clad in granite and repainted, the War Memorial lives on as a tribute to our fallen heroes. Other improvements to the Memorial complex include new concrete seat walls, public safety cameras, and street and decorative lighting. A pentagon dedicated to the five armed braches of the U.S. military, a Military Wall of Honor and hand -made mosaic benches pay further tribute to our Veterans. • The City is honored to employ several employees who are in the military reserves. The Military and Veterans Code requires that we provide full compensation to an employee for the first 30 days of active duty assignment, if the person has been in our employee for a period of not Tess than one year. Under the City's military policy, to help alleviate a financial hardship, for 6 months following that initial 30 days, we supplement the military pay if it is less than the employee's City wages. In addition, National City is home to several veterans and military organizations, most notably the Thomas H. Crosby, Jr. VFW, the American Legion Larry E. Bennett Post 255, as well as the National City Chamber's long-standing "Salute to Navy" event committee. Several years ago, the City established an informal military advisory committee in partnership with our local VFW, American Legion, and other organizations to honor and recognize our veterans and military personnel. The committee was subsequently disbanded due to staffing and budgetary constraints. Staff Recommendation: Council direction requested. Should the City Council desire to form a Military Advisory Committee, staff recommends the Council direct the City Manager to form a working group of active -duty and retired military, community members, and city staff and return to Council with recommendations in Summer/Fall 2016. The purpose of the working group would be to determine potential goals and parameters of the committee, including its purpose, responsibility, membership, meeting time and location, and duration of existence. 2 CC/CDC-HA Agenda 3/1/2016 — Page 431 The following page(s) contain the backup material for Agenda Item: Request for direction regarding City Council priorities for the City of National City's Fiscal Year 2017 budget. (Finance) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 1, 2016 AGENDA ITEM NO. ITEM TITLE: Request for direction regarding City Council priorities for the City of National City's Fiscal Year 2017 budget. PREPARED BY: Mark Roberts, Director of Finance DEPARTMENT: Finance PHONE: 619-336-4265 APPROVED BY:2*itd EXPLANATION: At its regular meeting on Tuesday, February 2, 2016, City Council was presented the schedule for the development of the Fiscal Year 2017 budget for the City of National City and approved the dates recommended by staff for budget workshops to be held on April 26, 2016 and May 24, 2016 (tentative), both of which are Tuesdays. During the meeting, staff informed Council of its plan to formally request direction regarding its budget priorities consistent with the City's Strategic Plan in advance of the first budget workshop. Staff brings this agenda item forward to request said direction. Examples of the type of direction sought include, but are not limited to, capital projects; reserve funding; public programs, services, or initiatives; and staffing. For reference, staff is providing the current Strategic Plan document, which was approved by the City Council on April 28, 2015. FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: L-24794.2d X— Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: 1 FINAL ADOPTION: STAFF RECOMMENDATION: NA BOARD I COMMISSION RECOMMENDATION: NA ATTACHMENTS: 2015-2020 Strategic Plan 2015-2020 Proposed Strategic Plan APPROVED BY CITY COUNCIL ON APRIL 28, 2015 CALI PO If NI. .— NhLr ION, -CC�tp- -- tNrpktso Provide Quality Services Achieve Fiscal Sustainability Improve Quality of Life Enhance Housing and Community Assets Promote a Healthy Community 2015 Proposed Objective #1- Provide Quality Services a) Practice the five core values (Commitment, Customer Service, Courtesy, Communication, and Collaboration) with our diverse customer base. b) Align workforce with City's objectives and provide training and support necessary to fully develop employees, boards, and commissions, c) Expand public access to City services and information, by updating our website and making digital records accessible to the public. d) Pursue public safety goals and objectives and enhance disaster preparedness (Police, Fire, Emergency Medical Services, and Homeland Security). e) Analyze internal processes for efficiency and implement technology solutions where feasible. Continue efforts to automate and streamline work processes. 2015 Proposed Objective #2- Achieve Fiscal Sustainability a) Prepare effective budget, accurately forecast funding sources, manage investments wisely, provide consistent financial reports, maintain clean audits, resolve findings/deficiencies in a timely manner, and update finance and budget policies. b) Update compensation plan for all employee groups. Continue labor/management partnerships with an emphasis on strategic deployment and total compensation issues. c) Establish economic development programs to retain existing businesses and stimulate new investments. Evaluate and update fee schedules to promote development and recover costs. d) Implement plans to fund replacement reserves and to finance the acquisition, replacement, and maintenance of the City's fleet, facilities, and other assets. e) Build cooperative partnerships with community organizations, schools, and other public agencies in the efficient and cost effective delivery of services. SALIPORl1111 .-t. Niall°1"11 OTT 2015 Proposed Objective #3- Improve Quality of Life a) Enhance crime prevention and emergency service through community outreach, procedural justice, critical incident response, City/regional partnerships, and employee development. b) Pursue green initiatives and build a sustainable city by implementing the climate action plan and energy roadmap. c) Help organize community events and support social gatherings that benefit the total community. d) Update sign ordinance to improve community character and draw attention to important gateways, corridors and intersections with improved signage and wayfinding. e) Support Pier 32 (GB Capital Holdings) expansion plans and work with San Diego Unified Port District and its tenants to fund public process and public improvements. 2015 Proposed Objective #4- Enhance Housing and Community Assets a) Continue providing housing opportunities at all income levels and develop programs to improve existing conditions. Adopt a comprehensive long term strategy to address homelessness. b) Complete WI-TOD phase 1 and community park. Continue pursuing funding for WI-TOD phase 2 and other housing projects. c) Maintain and improve City's infrastructure and find alternative funding to construct public facilities, park improvements, and other capital needs. . Complete comprehensive facility needs assessment and establish priorities. d) Preserve and promote historic resources and cultural assets. Formalize a public art program that provides funding for art and culture through a "percent for alt" program. e) Administer real property assets and property management plans to achieve the City's long term goals. 2015 Proposed Objective #5- Promote a Healthy Community a) Expand opportunities for walking and biking through the development of Community Corridors and Safe Routes to Schools consistent with the National City General Plan and Bicycle Master Plan. ..» GA-41FOHNIA ., NATIONAlcis der, , tRCUR�'f7'A:YSD J b) Continue to provide affordable City programs, activities and services that are accessible for all users, including individuals with disabilities (Americans with Disabilities Act). c) Enhance neighborhood services programs such as graffiti abatement, parking enforcement, and code enforcement and increase efficiency with new technology. d) Implement Neighborhood Action Plans and continue amortization efforts by working with residents and businesses. e) Advance National City wellness programs for youth, families, seniors and City employees that encourage a healthy lifestyle and develop a workplace safety program. CC/CDC-HA Agenda 3/1/2016 — Page 437 The following page(s) contain the backup material for Agenda Item: City Council review and discussion of proposed Policy update to the City Council Policy Manual (Chapter 800). (Community Services) CITY OF NATIONAL CITY, CALIFORNIA 'OUNCIL AGENDA STATEMENT MEETING DATE: March 1, 2016 AGENDA ITEM NO. I ITEM TITLE: City Council review and discussion of proposed Policy update to the City Council Policy Manual. (Chapter COO) PREPARED BY: (Steve Manganielio, City Engineer 619-336-4382 PHONE: Armando Vergara, Director NSD 619-336-4213 Audrey Denham, Rec. Superintendent 619-336-4243 EXPLANATION: See attached DEPARTMENT: C APPROVED BY: y Services FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: [N/A) ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: L I Finance MIS STAFF RECOMMENDATION: 'Review ed pr lioy revin ons for Chapter 800. SI IpnnrUIng Resoauutk ns will lie brought forward too 'I�.": ��.i' Svrv'..fi �"L'::4r'f,` revisions 4.3� .fin t.,� for Chapter '+ Council at a subsequent Council meeting for adoption of said chapter with final revisions. BOARD / COMMISSION RECOili ME uAliON: EN/AI ATTACHMENTS: 1) (Staff Report 2) Draft Policy # 801 1 Existing Policy # 801 3) Draft Policy # 802 / Existing Policy # 802 and # 804 4) Draft Policy # 803 / Existing Policy # 803 and # 805 Staff Report Background The 800 series policies were originally adopted by City Council in the 1990's. The purpose of the 800 policies is to define guidelines and regulations of Public Service Facilities. Below is a summary of the current 800 series policies: Policy 801 — Policy 802 — Policy 803 — Policy 804 Policy 805 — Recreational Field and Sports Facility Rules and Regulations Policy Governing the Use of the Mobile Staae and Equipment Facility Use Guidelines and Regulations for the Use of the Martin Luther King, Jr. Community Center and Granger Music Hall City•Ly Support uppot for Special Events Facility Use Guidelines and Regulations for the Use of Kimball Senior Center, Casa de Salud, and Recreation Centers. Staff Recommendations City Manager has directed staff to review and revise the 800 policies. After completion of the review process and recommendations, staff has consolidated some policies and is presenting the following proposed revisions. Specifically, Policy 802 combines and replaces Policies 802 and 804, and Policy 803 combines and replaces Policy 803 and 805. Policy 801: Recreational Field and Sports Facility Rules and Regulations Addition of the definition for National City Resident Teams: National City non- profit community based leagues, whose charters state service of adult or youth sports activities, with 70% of participants having a National City residency. These teams are required to obtain a Field/Facility Use Permit and provide proof of participant residency. • Addition of the definition for Organized Training: Anyone conducting a group exercise class or training sessions or collecting fees for those services. Organized training groups are required to obtain a FleiC/Faellity Permit and pay applicable fees. ® Deletion of fees limiting the number of policy revisions needed when new fee schedules are adopted by City Council and addition of language referencing the City Fee Schedule adopted by the City Council. s Addition of language prohibiting private functions, commercial use, fundraisers, for profit events, or profit -making endeavors at the pool and aym only. • Addition of Staff direction under ..►eather conditions to provide updates on field availability by posting signs at fields, and providing updates on an information phone line and the City website. Policy 802: City Support for Special Events and Use of the City Mobile Stage • Events listed on the co -sponsored and sponsored list will be grandfathered in and will be approved annually by City Council at the beginning of every new calendar year. These events will not require a second council approval presentation in form of a Temporary Use Permit or Special Event application. Approved co -sponsored organizations (Attachment "A") and City departments (Attachment "B") will still be required to apply yearly for processing of application/fees and departmental review only. • Established limit where non -sponsored events can only be waived up to a $1000/day waiver if they meet parameters of the policy. • Established limit where co -sponsored events will be waived up to a $1200/day. • Addition of two new events "Job Fair" (N.C. Chamber of Commerce) and "Spirit of the Holidays (N.C. College Campus Lions) under the Co -Sponsored Events, Attachment "A". • Addition of "Community Service Day" and "National City Public Safety Fair"////8 under City Sponsored Events, Attachment "B". Policy 803: Facility Use Guidelines and Regulations for the Use of Community Centers • The new policy regulating the use of community centers, consolidates Policy 803, which regulates the use of MLK Community Center and Granger Music Hall, and Policy 805, which regulates use of the recreation centers. • Overall the policy was organized, formatted and reworded to provide more clarity on guidelines and regulations. • The list of facilities available for reservation has been updated to include all community/recreation centers. • The categories of use remain the same but the definitions have been expanded to provide clarity on what categories groups fall into. • The approval process was changed to be approved by the City Manager or designee. This is consistent with Policy 801 in terms of applications being managed and approved at the staff level. • Alcohol is prohibited at all of the community centers due the nature of activities being conducted at the centers. Note: The listed fees from council policies 801 & 803 were removed in the new proposed policies and are to be reflective of the existing 2009-2010 Fee Schedule. A current Fee Study RFP development committee is being established with a projected RFP release date of FY 16/17. Action: Staff is seeking direction from City Council on the proposed revisions. CITY COUNCIL POLICY Policy Number 801 TITLE: Recreational Field and Sports Facility Rules and Regulations ADOPTED: August 10, 1993 AMENDED OR REVISED: 1. GENERAL POLICY A. DEFINITIONS For purposes of this document, the following definitions willbe used: Facility: Any City of National City recreational building, sports field, court, skate park or associated parklands. Organized Team Event: Any sport teams ,.. Mtn five (5) or more players participating in a sport with a coach present meeting more than twice at the same time and/or same place, working on individual team skills. All organized teams are required to obtain a Field/Facility Use Permit and pay applicable fees. National City Resident Team: National City non-profit community based leagues, whose charters state service of adult or youth sports activities, with 70% of participants having a National City residency. These teams are required to obtain a Field/Facility Use Permit and provide proof of participant residency. Club or Travel Team: Any single team that belongs in a league whose home office is not based in National City or travels to multiple cities during its season to play games. These teams are required to obtain a Field/Facility Use Permit and pay applicable fees. organized Training: Anyone conducting a group exercise ciass or training sessions or collecting fees for those services. All organized training groups are required to obtain a Field/Facility Use Permit and pay applicable fees. Pick up Game, Exercise or Casual Use: Any sporting activity occurring on a one time or occasional unscheduled basis that is open to any participant at the park. Non-league or non -club teams using the fields ov facilities in this capacity are not required to obtain a Field/Facility Use Permit. ►. INTENT These Rules and Regulations are intended to promote the general health and welfare of the residents of the City of National City, by providing a fair manner of allocating team sports usage of City recreation facilities and sports fields based on the following rules: 1. Facilities, fields and services should be available to all people without discrimination. 2. The recreational program should include a wide variety of activities for all age groups and interests. 3. Fees may be charged for use of facilities and specialized programs. 4. Maintenance and renovation must be scheduled and implemented to maintain the community's high standards of aesthetics and sustain the playability of the City's facilities. 5. National City has a zero tolerance policy with regards to smoking, alcohol and violence. All participants and users of facilities should be able to enjoy sports and programs free of any violence. Thus teams and organizations must have a zero tolerance policy with regards to smoking, alcohol and violence. Weapons of any type and promotion of gang culture are prohibited. C. NON-EXCLUSIVE USE If the City allows other organizations, to share use of the facility on a one-time, occasional or permanent basis, the organization shall agree to such shared use. In return, the City shall adjust the organization's fees accordingly. II. GENERAL RULES A. FIELD/FACILITY USE PERMIT A Field/Facility Use Permit must be obtained from the Public Works Department. 1. For purposes of this policy, seasons are established as follows: a. Fall Sports (September — November): Football, Cross Country, Water Polo; Tennis, .Volleyball; b. Winter Sports (December —March): Soccer, Basketball, Water Polo; c. Spring Sports (March -y May): Volleyball, Baseball, Softball, Swimming, Tennis, Track & Feld; d. F F.rnrx'le - „Spnrts �'��;. � — August): Open. e. Note: "In Season" calendar is based on California Interscholastic Federation (CIF) competition. Outdoor tennis and basketball courts are excluded from the sports season schedule. Any use other than the .intended tended use of these courts is prohibited. 2. Field/Facility Use Permits will be issued for specific dates based on actual needs. 3. Priority will be given to those users whose sport has been classified as "In Season"_ With exception of the Summer Sports Season, priority will be given based on the organization that has the largest participant enrollment in the following order: a. National City Resident Youth Teams b. National City Resident Adult Teams c. Non -Resident Youth Teams d. Non -Resident Adult Teams 2 e. Note: If teams are tied with the same amount of enrollment, the team with the higher percentage of National City residents will get priority. If teams do not have any National City residents on a team roster, priority will be based on the team with the largest participants enrolled. 4. A group with a Field/Facility Use Permit has priority over groups without one. 5. Use of faciiities will not be granted to groups for the purpose of profit making without prior City Council approval. v v 6. The organization shah mandate that ail coaching sari and volunteers adhere to "Positive Coaching Alliance" standards or the Code of Conduct from their own professional organization, or similar programs and standards. National City encourages each organization to perform background checks on all coaching staff volunteers. 7 The City will be guided by, but not limited to, the following factors when considering Field/Facility Use Applications for approval: a. Organization's history of compliance with City of National City codes, policies, rules, and regulations; b. Organization's prior experience with the City of National City; c. Organization's prior experience with other government or public agencies, sports leagues, clubs, travel teams and/or school districts; d. Organization's prior history of acting in a responsible, safe and respectful manner while utilizing City facilities; e. Organization's prior history of sportsmanship in its interactions with its team, other teams, City staff, and the community at large; and f. Any other factor that the City deems applicable in order to provide the best services to the community as a whole. E. APPLICATION PROCESS 1. Each organization is required to submit the following prior to being granted a Field/Facility Use Permit: a. 1= reld/Facility.Use Application for each field/facility requested b. Payment of applicable fees c. Current rester and enrollment data d. Current organization bylaws •e. Game schedule showing home and away games f. A copy Of 501(0;3) status and current audited financial statement if applying for non-profit status g. Adoption of the City of National City`s zero -tolerance policy h_ Proof of insurance 2. The deadline to submit a Field/Facility Use Application, will be the months of June through July for fall/winter use, and December through January for spring/summer use. Any organizations missing these deadlines may have access to remaining fields and facilities on an "as available" basis only. 3. Fees and deposits are to be paid at the time of approval unless special arrangements have been granted by the Public Works Director or designee. 4. Current rosters are due by the completion of the season's second week of league game play. The City reserves the right to amend the fees if residency information contained in the roster does not match original application. Applications submitted without a roster will be issued a temporary Fie d/Facility Use Permit which will be valid through the £econd week of play. • i./4�.4f ..J..j :Y� Use i L • which '. + . '•.. Upon receipt of the final roster, a permanent Field/Facility Use Permit will be considered. 5. The Public Works Director or designee may hold field/facility allocation .. . . and .... include . .. . . meetings as needed will include one representative from each participating organization, City staff and a representative of the Parks and Recreation Advisory Board. This group will meet to review City policies and procedures, Field/Facility Use Application requests, allocate fields and facilities equitably, and encourage optimum cooperation between all user groups. If there is ample field space, a field allocation meeting may not be needed, and space will be given based on the priority list in Section II-H. 6. Any organization that has fields or facilities of their own must first fully utilize those resources before requesting City fields and facilities. C. STANDARDS FOR ISSUANCE The Public Works Director or designee may issue a Field/Facility Use Permit when it finds: 1. That the proposed activity or use of facility/field will not pose a hazard to public health, welfare, safety, or interfere with City recreation activities or programs. 2. That the proposed activity or use is not unlawful. 3. That the applicant will not disperse alcoholic beverages in, or on the facility/field. 4. That the applicant has adopted the City of National City's policy of zero - tolerance for violence, drugs, smoking and alcohol, which includes prohibiting weapons of any type and gang promotion. Articles of clothing that advertise, depict, or clicTifi aicthoL tobacco, drugs, obscenities, violence, illepa! activities, gangs, or prison life shall be prohibited. 5. That the facilities desired have not been previously reserved. D. REVOCATION • The Public Works Director or designee shall have the authority to revoke a Field/Facility Use Permit upon finding a violation of any provision hereof, or upon good cause shown. E. SECURITY FOR TEAM ACTIVITIES WITH MINORS Team activities for minors must be supervised by responsible adults on a minimum ratio of one (1) adult for every thirty (30) minors. The City may require the sponsoring group to also provide security personnel to be in attendance. The proposed activity will not entail unusual, extraordinary or burdensome expense to the City or involve excessive police operations. A 4 F. ADVERTISING 1. Except for specific team/league signs, no advertising signs shall appear on City property without prior approval of the Public Works Director or designee and compliance with appropriate City ordinances. 2. No soliciting, circulating of petitions, or use of sound trucks or platforms is permitted without written approval of the Public Works Director or designee and compliance with the appropriate City ordinances. G. HOUSE RULES 1. Each organization that applies for a Field/Facility Use Permit will be given a copy of Policy Number 801, Recreational Field and Sports Facility Rules and Regulations. 2. Games and practices can begin no earlier than 12:00 noon on weekdays (Monday through Friday) and 8:00 a.m. on weekends (Saturday and Sunday) unless prior approval has been given by the Public Works Director or designee. 3. Games and practices must end no later than 10:00 p.m., unless prior written approval from the Public Works Director or designee. 4. Weekend use, on a regular basis, may be subject to limited hours at the discretion of the Public Works Director or designee. 5. No games and/or practices may be scheduled for the following dates: Thanksgiving, Christmas Eve; Christmas Day, New Years Eve, New Years Day, and the 4th of July, without prior approval from the Public Works Director or designee. 6. If keys have been issued, organizations must ensure that doors, windows, and gates have been locked and the field/facility is secured. The person who signed the Field/Facility Use Application is responsible for any keys issued and must ensure that they are kept safe and secure. 7. Organizations requesting lighted fields/facilities are required to submit schedules with their Field/Facility Use Applications outlining their usage time for li;:,,hte ~t c requested facility and inf rmxs the City anv changes. ThA City reserves the right to bill user Groups for hourly energy costs. 8. Organizations are required to notify the City at least 24 hours in advance of scheduled changes, and/or when field/facility lights are not required. The City reserves the right to bill organizations for hourly energy costs incurred when lights are left on and the fields are not being used, when reserved or scheduled. 9. Use of metal cleats is prohibited without prior approval from the Public Works Director or designee. 10.At the conclusion of games, practices, and activities, organizations must leave the park, field, and/or facility clean and clear of debris. Failure to do so may result in a clean-up fee, forfeiture of deposit and/or a refusal of future application requests. 11 Due to maximum occupancy limits and parking availability, maximum group sizes may be instituted, or a request may be denied when applying for a facility permit. H. PRIORITY To ensure community recreation fields and facilities are used in the best interest of National City residents at large, the fields and facilities will be administered in accordance with the priority system. 1. CITY PROGRAMS. National City Programs shall have priority over any other programs or usage. 2. CITY CO -SPONSORED PROGRAMS. National City co -sponsored programs shall be given second priority. 3. RESIDENT NON-PROFIT 501(C)(3), NATIONAL CITY YOUTH LEAGUES. National City non-profit community -based leagues, whose charters state service of youth and youth sports activities, with 70% of participants having a National City residency and whose ages are eighteen (18) or younger at the beginning of the season. 4. RESIDENT NON-PROFIT 501(C)(3), NATIONAL CITY ADULT LEAGUES. National City non-profit community -based leagues, whose charters state service of adult sports activities, with 70% of participants having a National City residency and whose ages are eighteen (18) or older. 5. NON-RESIDENT NON-PROFIT YOUTH LEAGUES. Non-profit organizations whose charters state service of youth and youth sports activities with less than 70% of participants having a National City residency whose ages are eighteen (18) or younger at the beginning of the season. 6. NON-RESIDENT YOUTH LEAGUES WITHOUT NON-PROFIT STATUS. For - profit organizations with less than 70% of participants having a National City residency whose ages are eighteen (18) years or younger. 7. PRO or SEMI -PRO TEAMS. Team must have an office located within the City of National City. Team must be affiliated with a verifiabie pro or semi -pro nrgi rt!7Rtion T,eq,m rosters must he nompris.erd of persons eighteen (18) years of age or older. For -profit teams must provide the City of National City with 40l% of the gross profit, and documentation showing total revenues for verification. 8. NON-RESIDENT ADULT LEAGUES WITHOUT NON-PROFIT STATUS. For - profit organizations with less than 70% of participants having a National City residency whose ages are eighteen (18) years of age or older. 0- OCCASIONAL USE AND RECREATIONAL PLAY. Resident Non -Profit National City Youth Leagues will be given priority for occasional use. Those persons who require the use of a playing field for recreational play such as a company sponsored competition, or youth leagues without non-profit status, shall pay applicable fees at the non-resident rate in the current adopted City Fee Schedule. 10.TOURNAMENTS. Tournaments shall be defined as non -regular league play or off-season competitions with the primary purpose of fundraising or profit 6 earning. Generally, tournament play is completed in three or less days including Resident Youth Leagues, Non -Resident Youth Leagues, Adult Non - Profit Leagues and Adult -for -Profit Leagues. 11.ADULT LEAGUES WITH FOR -PROFIT STATUS. Leagues whose rosters are comprised of persons eighteen (18) years of age or older, and do not have non-profit status. For -profit teams must provide the City of National City with 40% of the gross profit, and documentation showing total revenues for verification. I. RESIDENT ROSTER AND NON-PROFIT STATUS FOR YOUTH AND ADULT LEAGUES 1. Each organization must present enrollment data from their current season indicating names, addresses, phone numbers, and birth dates of ail participants. The number of participants within each organization's enrollment must be confirmed by the City prior to issuance of a Field/Facility Use Permit. Failure to provide an official or complete roster with the application may result in: a. Being issued a temporary Field/Facility Use Permit valid through the end of the second game only; or b. The league being placed in a non-resident fee status; applicable fees will be charged. 2. Each organization must present proof of current non-profit status to receive non-profit status priority. J. FEES AND CHARGES 1. Organizations will be charged applicable fees for use of fields and/or facilities as established in the City Fee Schedule. adopted by the City Council. 2. User Fees are required for organized team events, leagues, and practices that require exclusive use of outdoor tennis & basketball courts, indoor basketball courts,.and baseball, softball, soccer and football fields. City sponsored events, and Resident Teams will not be subject to a user fee. Resident Teams aro d"fr,.ned se ha .in:; a minimumof 70% National City residents on their roster.' . 4. A clean-up fee May be imposed, based on actual cost, when a field is left with anunusual amount of debris. v. Gate Receipt Fee: Any team that charges spectators admission or collects fees, will be assessed fees equivalent to 40% of their documented gross revenue. These fees must be paid to the City within two weeks after each event. K. DAMAGE, CLEANLINESS, AND SUPERVISION 1. All field and sports facilities, including parking areas, restroorns, score shacks and snack shacks, shall be left clean and clear of debris and in orderly condition. If the field and sports field is not left clean, it will be cleaned by City staff or by contract, and the group will be billed accordingly. 7 2. In the event of physical damage to the facility, its equipment, its contents, or the surrounding grounds, an estimate of the cost of repairs and/or replacement will be made by the City, and the group will be billed accordingly. 3. Officers of organizations shall supervise the conduct of their members to avoid damage to City property. 4. Failure to comply may result in denial of future use of facilities. L. MINIMUM FIELD USAGE Fields cannot be reserved for less than two hours; fees are charged hourly. M. PAYMENT OF FEES Fees and deposits are to be paid at the time of approva; unless special arrangements have been granted by the Public Works Director or Desig11pe. Rain outs need to be made up during the season; the season cannot be extended. If the game cannot be made up, a refund will be given for the day missed. N. MODIFICATION OF SPORTS FIELDS All requests for permission to modify park grounds must be approved in writing by the City of National City. Ail installations become the property of the City. All requests must include a "Letter of Intent", accompanied by construction drawings and specifications. No modifications shall be made without prior approval. O. INDEMNIFICATION The applicant must complete a release, hold harmless and indemnity agreement which releases the City, its elected officials, employees, representatives, and/or agents from any and all claims asserted, suits or liability established for damages or injuries, including death, to any person or property, including injuries to applicant, caused by or alleged to be caused by any act or omission by the City, its elected officials, employees, representatives, and/or agents which arise out of or are in any matter directly or indirectly connected with the use of condition of `.hfe priP_F'f'EigAs. P. INSURANCE I. All groups are required to have insurance to protect the City from liability occasioned by their use of City premises. Specifically, all insurance required by this policy s.h0 be written by California admitted companies which are rated at least "A,Vlil" by the current A.M. Best Rating Guide or by a company of equal financial stability which shall be approved by the City's Risk Manager. 2. Commercial General Liability coverage with limits of at least one million dollars `$1,000,000) per occurrence must be provided. The City of National City must be named as an additional insured pursuant to a separate endorsementwhich will provided to the City along with the Certificate of which . will be insurance prior to use of City fields/facilities. In addition, all deductibles and/or 8 self -insured retentions must be disclosed to and approved by the City's Risk Manager. 3. insurance coverage may be obtained through the City under terms, conditions, and rates applicable at the time, depending on the nature and duration of the proposed use. Organizations desiring to purchase such insurance through the City must contact the City's Risk Manager. III. RULES GOVERNING USE OF SPORTS FACILITIES (Pool, Indoor Gym, Basketbaii Courts and Voileaoi ali Courtsx A. APPLICATION AND PRIORITY Organizations desiring to use a facility must apply at least ten (10) working days prior to use. Recreation sponsored classes and activities have priority and will not be changed to accommodate an organization unless authorized in writing by the Public Works Director and/or Community Services Division designee. B. PRIVATE FUNCTIONS PROHIBITED Sport facilities, such as the gym and pool, may not be used by any person or group for private functions, commercial purposes for personal financial gain, fundraisers, for -profit events or any profit -making endeavors any activity not consistent with the general business purpose of the. building. C. CANCELLATIONS The Public Works Director and/or Community Services Division designee must be notified of cancellations at least 24 hours in advance. Failure to do so may result in denialof privileges in the use of facilities, or full/partial forfeiture of fees/deposits. Reservations of facilitiesmay be subject to change or cancellation at any time by the Public Works Director and/or Community Services Division designee upon reasonable notice being given. D. FOOD AND BEVERAGES Food and/or bo;asr v.ec will allowed only vehe authorized by Public. Works iJY OMyir V .Y.1 be allowed only YYI.M.. authorized 5 Ul1A 1!!.d Y �1! Director and/or Community Services Division designee. E. APPROVED SHOES. Basketball and volleyball players must wear white soled shoes. V. RULES GOVERNING USE OF COURT AREAS (Outdoor Tennis, Volleyball and Basketball Courts) A. PRIORITY City sponsored classes and tournaments shall have priority on all courts. B. TYPES OF ACTIVITIES 9 Tennis courts are for tennis only or for such activities as may be scheduled by the Community Services Division designee. Bikes, skateboards, roller skates and roller blades are not allowed on any courts. C. EQUIPMENT Tennis players must provide their own equipment. V. RULES GOVERNING USE OF ATHLETIC FIELDS A. CANCELLATION The Public Works Director or designee must be notified of cancellations at least 24 hours in advance. Failure to do so may result in dental of privileges in the use of facilities, or full/partial forfeiture of fees/deposit,. Reservations of fields may be subject to change or cancellation at any time by the Public Works Director or designee upon reasonable notice being given. B. EQUIPMENT Each user group must provide its own bases, chalk and field preparation equipment. C. VEHICLES No vehicles are allowed on sports fields/surfaces or other park grounds, except when authorized by the City. Violators are subject to citation. D. PEST CONTROL No pesticides, herbicides, insecticides, fungicides, etc. may be applied without prior written consent of the City. This consent must be accompanied by a Pest Control Advisors Report. All work must be performed by a Licensed Pest Control Applicator. E. WEATHER CONDITIONS lfthe Pii/Nic Works Directoror designee dste;mine f e!d �a�nnot be used due to rain or wet conditions, he/she shall direct staff to post signs and update an information phone Tine and City website, notifying field users of the closure. F. SCORE SHACK/SNACK BAR Use of score shacks and snack bars by the permit holder is allowed; per the City fee schedule, alt applicable fees will be applied. The organizations items must be removed within ten (10) business days of the end of the season or tournament. The facility must be left in a clean and orderly condition at all times. The City shall not be held responsible for the loss or theft of any item or equipment from Score Shacks and Snack Bars. VI. RULES GOVERNING USE OF SKATE PARKS a. PRIORITY 10 City sponsored classes and events shall have priority. b. SAFETY Helmets and proper protective gear must be worn at all times when using the facility. All users use the facility at their own risk. VII. RULES GOVERNING THE MULTI -USE FIELD AT EL TOYON PARK A. APPLICATION AND USAGE Field is available for soccer or football by Field/Facility Use Permit only, to ensure that all users are aware of the rules. Permitted users may be limited to a specific number of hours on the field, in order to stay within the maximum usage allowed by the manufacturer's warranty. If teams participate in rotating league games, this field may only be used for "home" games. B. EQUIPMENT Teams are required to provide their own soccer goalsand nets. Goals and nets must be removed at the end of the game and may not be stored on City property. C. PROHIBITED ITEMS Due to the fact that this is an artificial surface, the City and all permitted users must adhere to the following requirements in order to maintain the manufacturer's warranty: 1. No pets 2. No paints, chalks or permanent markings 3. No tape to mark the surface 4. Only non-metal, 'A" molded `grass' cleats are allowed 5. No bikes, skateboards, roller blades, roller skates or other wheeled sports 6. No shot put, javelin, or similar activities that may damage the turf 7. No food, drinks, sunflower seeds or gum 8. No glass bottles or containers 9. No vehicles or the field except as approved by the Nits' r aw vehicles v v the �>,. except 1 Q. No cigarettes, cigars or other smoking materials 11. N:o fireworks or open flames 12. No driving stakes to anchor tents, canopies, etc. D. FOOD AND BEVERAGES Users who operate their own snack bars, must limit the type of food and beverar.es thrit are sold to ensure prohibited items lusted in section C do not get onto the field. CITE COUNCIL. POLICY TITLE: Recreational Field and Sports Facility Rules and Regulations ADOPTED: November 12,1991 AMENDED OR POLICY NUMBER 801 REVISED: May 3, 2011 Pagel of 17 GENERAL POLICY A. DEFINITIONS For the purposes of this document, the following definitions will be used. Facility:. any. City of National City recreational building, sports field, court or associated areas. Organized Team Event Any sport teams with seven (7) or more players participating in a sport with a coach present or in uniform, with exception of the following: (Basketball) Two teams of ten or more players with uniforms and officials; (Soccer/Football) Eight or more players with a coach and/or officials meeting consistently at the same time and/or same place, working on individual team skills. Ail organized teams are required to obtain a Use Permit Club or Travel Team: Any single team that belongs in a league who's home office is not based in National City or travels to multiple cities during its season to play games. These teams are required to obtain a Use Permit, Pick Up Game or Casual Use: any sporting activity occurring on a one time or occasionli unscheduled basis that is open to any participant at the park. Non-league or club teams using thefields or facilities In this capacity are not required to obtain a Use Permit. Note*: A group with a Use Permit has. priority over groups without one. B. INTENT These Rules: and Regulations are intended to promote the general health and welfare of the 'residents of the City of National City, by providing a.fair manner of allocating team sports usage of City recreation facilities and sports fields based on the following rules: 1. Facilities, fields and services should be available to all people without discrimination. i c CITY OF NATIONAL, CITY CITY COUNCIL POLICY TITLE: Recreational Field and Sports Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: May 3, 2011 Page 2of17 2. The recreational program should include a wide variety of activities for ail age groups and interests. 3. Under certain conditions, AND AVAILABILITY OF FACILITIES, fees may be charged for use of facilities and specialized programs. 4. Maintenance and renovation must be scheduled and implemented to maintain the community's high standards of aesthetics and sustain the playability of the City's facilities. (See Attached Field Maintenance Schedule) 5. National City has a zero tolerance policy with regards to smoking, alcohol and violence. All participants and users of facilities should be able to enjoy sports and programs free of any violence. Thus teams and organizations must have a zero tolerance policy with regards to smoking, alcohol and violence. Weapons ofany type (including guns, knives, and whatever other weapons are 'popular" today) and promotion of gang culture (Le. affiliation, colors, symbols; signs) shall be prohibited. C. NON-EXCLUSIVE USE If the City allows other organizations, or the City itself, to share use of the facility on a one-time, occasional or permanent basis, the organization shall agree to such shared use: In return, the City shaii adjust the organization's sponsibflitlS:l0.trf. .i ai ti;4.:4-7?4AeF Gale . Y'G�i4.iiiY ir.V1 W'aouuu.v/ov�.-� Il. GENERAL RULES A. ACILIT_TES F ,D USE PERMIT A Use Permit must be obtained at the Community Services Department prior to field or facility usage. i CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Recreational Field and Sports Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1981 AMENDED OR REVISED: May 3, 2011 Page 3 of 17 1. Season: For purposes of this uoiicy, seasons are established as follows: a. Fall Sports (September — November): Football, Cross Country, Water Polo, Tennis, Volleyball; b. Winter Sports (December March): Soccer, Basketball, Water •Polo; c. Spring Sports (March — May): Volleyball, Baseball, Softball, Swirnrning, Tennis, Track &Field; d. Summer Sports (June — August): Open.. Note: "In Season" Calendar is based on California Interscholastic Federation (CIF) competition, Outdoor Tennis and Basketball Courts are excluded from the sports season schedule. Any use other than the intended use of these courts is prohibited. 2. Permits will. be issued for specific dates based on actual needs. Leagues will not be allowed to reserve fields for an entire season of exclusive use. 3. Priority will be given to.those users whose sport has been classifed as "In Season (see above). With exception of the Summer Sports Season, priority will be given based on the organization that has the largest participant enrollment in the following order: a. National City Resident Youth Teams b. National City Resident Adult Sports teams c. Non-Resident.Youth Teams. d. Non -Resident Adult Teams 4. If teams are tied with the same amount of enrollment, the team with the higher percentage•of National City residents will 9et priority.. If teams do not have any 'National City Residents on a team roster, priority will be based on a team with the largest participants enrolled. 5. Use of facilities will not be granted to groups for the purpose of profit making without prior City Council approval. CITY OF NATIONAL CITY CITY COUNCIL POLICY ICY TITLE: Recreational Field and Sports Facility PIdUiVIPOOLL GY Rules and Regulations ADOPTED: November 12, 1991 AMENDED OR REVISED: May 3, 2011 Page 4 of 17 6. The organization shall mandate that all coaching staff and volunteers _ v standards or the Code of adhereto "Positive coaching Ail amic yr Cod•• Qul �t.r++ � � Conduct from their own professional organization; or similar programs and standards. National City encourages each organization to perform background.checks on all volunteers. 7. The City will be guided by, but not limited to, the following factors when considering Field/Facility Use Applications for approval: a) Applicant's history of compliance with City of National City codes, policies, rules, and regulations; b) Applicant's prior experience with the City of National City; .c) Applicant's prior experience with other government or public agencies, sports leagues, clubs, travel teams and/or school districts; d) Applicant's prior history of acting in a responsible, safe and respectful manner while utilizing City facilities; e) Applicant's prior history of sportsmanship in its interactions with its team, other teams, city staff, and the community at large; and f) any other factor that the City deems applicable in order to provide the best services to the community as a whole. B. APPLICATION PROCESS 1. Each organization is required to submit the following prior to being granted a Use Permit: a) Field/Facility Use Application for each field/facility requested, n) Current roster and znroplment data (-§Re Section 11, #J) c) current organization bylaws, d) Proof of insurance (see Section ll, #P) e) Game schedule showing home games and away games f) a copy of 501(c)(3) status (if applying for non-profit status) and g) a current audited financial statement (as required for 501(c)(3) dosignatiorn,S) P' 2. Current rosters are due by the completion of the season's second week of league game play. Fees must be paid within 10 working days prior to the date of the first practice/game. The City reserves the right to amend the fees if 'residency' information contained in the roster does not match original application. Applications submitted without a roster will be issued a 'temporary' permit which will be valid through the second week of play. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Recreational Field and Sports Facility POLICY Rules and Regulations NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: May 3, 2011 Page 5 of 17 Upon receipt of the final roster, a permanent permit will be considered. Also see Section II #J .The deadline to submit a Field/Facility Use Application, will be the month of June-Juiy for faiiiwinter use, and December -January for spring/summer use. Any organizations missing these deadlines may have access to remaining frelds/facilitieson an "as available" basis only. 3. The Community Services Department will hold a field/facility allocation meeting twice a year and will include one representative from each participating organization, City staff and a representative of the :Parks and Recreation Advisory Board. This group will meet to review City policies and procedures, field/facility use application requests, allocate fields/facilities equitably, and encourage optimum cooperation between all user groups. Meetings will be held in August for the fall/winter season requests, and February for the spring/summer season. Note: If there is ample field space. a field allocation meetingmay not be needed, and space will be given based on the priority list (Section II. #I). 4. Any organization that has fields or facilities of their own must first fully utilize those resources before requesting City Fields and Facilities. STANDAR FOR {P3 ANCE The Community Services Department may issue a permit when it finds: 1. that the proposed activity or use of facility/field will not pose a hazard to public health, welfare, safety, or interfere with City recreation activities or programs. 2. that tho proposed activity or use is not unlawful. 3. that the applicant will not disperse alcoholic beverages in, or on the facility/field.. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Recreational Field and Sports Facility Rules and Regulations ADOPTED: November 12, 1991 POLICY NUMBER 801 AMENDED OR REVISED: May 3, 2011 Page 6 of 17 4. that the applicant has adopted the City of National City's policy of zero - tolerance -for violence, drugs, smoking and alcohol, which includes prohibiting weapons of any type and gang promotion (affiliation, colors, symbols, signs). Articles of clothing that advertise, depict, or glorify alcohol,tobacco, .drugs, obscenities, violence, illegal activities, gangs, or prison life shall be prohibited. 5. that the facilities desired have not been previously reserved D. REVOCATION The Community Services Director or his/her designated representative shall have the authority to revoke a permit upon finding violation of any provision hereof, or upon good cause shown. F. .SECURITY FOR TEAM ACTIVITIES FOR MINORS Team activities for minors must be supervised by responsible adults on a minimum ratio of (1) adult for everecfuire the sponsoring group to also provide security personnel to be in attendance. The proposed activity will not entail unusual, extraordinary or burdensome expense to the City or involve excessive police operations. O. ADVERTISING 1. - Exceptfor specific team/league signs, no advertising signs shall appear on City property without prior approval of the Community Services Director and compliance with appropriate City ordinances: Also see Section I, #N regarding modifications to fields. 2. No soliciting, circulating of petitions, or use of sound trucks or platforms is permitted without written approval of the Community Services Director and compliance with the appropriate ordinances. H. HOUSE RULES 1. Each group or organization that applies for a Field/Facility Use permit will be given a copy of Policy #801 regarding the "Recreational Field and Sports Facility Rules and Regulations" CITY OF NATIONAL CITY CITY. COUNCIL POLICY TITLE: Recreational Field and. Sports Facility. Rules and Regulations POLICY NUMBER 801 ADOPTED: -November 12, 1991 AMENDED OR REVISED: May 3, 2011 Page 7 of 17 2. Games and practices can begin no earlier than 1200 noon on weekdays 4Monday-Fridayyand 8:00 a.m_ormeekends_Paturday;Sunday)_unless_ prior approval• has boon given by the Community Services Director or hisiher -designee. No games and/or practices may be scheduled for the following dates: Thanksgiving, 'Christmas Eve, Christmas Day, New Years Eve, New Years Day, and the 4th of July, without prior approval from the Community Servicet Director or his/her designee. 3. If keys have been issued, groups must ensure that doors/Windows/gates have been locked, lights turned out, and field/facility is secure. The person who signed the Facility Use Application is responsible for any keys issued and must ensure that they are kept safe and secure.. 4. Games and practices must end no later than 10:00 p.m. (Sunday - Saturday), unless prior written approval frorn the Community Services Director or his/her designee has been obtained. 5. Weekend use, on a regular basis, may be subject to limited hours at the discretion of the Community Services Director, or his/her designee. 6. Organizations/groups utilizing lighted fields/facilities are responsible for ensuring the proper use of lights, Groups .are required to submit schedules with their application outlining their usage time for lights at each requested facility, and inform the City of any changes. The City reserves the right-te411-user--groufts-for--hourly energy costs. 7. Ali groups are required to notify. the• City at least 24 hours in advance of scheduled changes, ?Ad/or when field/facility tights are not required. The City reserves the right to bill user groups for hourly energy costs incurred when lights are left on and the fields are not being used, when reserved/scheduled. 8. Use of metal cleats is prohibited without prior approval from the Community, Services Director, or his/her designee. 9. At the conclusion of games, practices, arid activities, organizations must leave the park/field/facility quickly, quietly, clean, and clear of debris. Failure to do so may result in a clean-up fee, forfeiture of deposit and/or p mfusal of fytu re apt:1110010p requestst CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Recreational Field and Sports Facility Rules and Regulations ADOPTED: November 12, 1991 POLICY NUMBER 801 AMENDED OR REVISED: May 3, 2011 10..Due to maximum occupancy limits and group sizes may be instituted, denied when applying for a facility permit Page 8at'�t parking avai1abili y, r aximum-- or a request may be 11. Lost keys will be subject to replacement fee per Section K. PRIORITY To ensure community recreation fields/facilities are used in the best interest of National City residents at large, the fields/facilities will be administered in accordance with the priority system and following rules. The formula used to determine field allocation percentages will be as follows: the total number of an organization's players, divided by 12, equals the number of teams. The number of teams, divided by the total number of all participating teams, equals that organization's field allocation percentage. 1) CITY PROGRAMS. National City Programs shall have priority over any other programs or usage. 2) CITY SPONSORED PROGRAMS. National City co -sponsored programs shall be given second priority. 3) RESIDENT.NON-PROFIT 501(C)(3), NATIONAL t' iTY YOUTH LEAGUES. National City non-profit community -based leagues, whose charters state service of youth and youth sports.activities, with 70% of participants having a National City residency and whose ages are eighteen (1.8) or younger at the beginning of the season. 4) RESIDENT NON-PROFIT NATIONAL CITY ADULT LEAGUES. E city n r.._profi:' ';ity—hong rf Innnue s whose charters state JCiaLl4d1lO!! L+lG�i marr9./,veia vv �'.'�"r:,•�r �^ _ -'- !"='-''-„' �""° ; service of adult sports activities, with 70% of participants having a National City residency and whose ages are eighteen or older. 5) NON-RESIDENT NON-PROFIT YOUTH LEAGUES. Non -Profit organizations whose charters state service of youth and youth sports activities with less than 70% of participants having a National City CITY OF NATIONAL CITY CITY CO CIL POLICY TITLE: Recreational Field and Sports Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November la, 1991 AMENDED OR REVISED: May 3, 2011 Page.9 of 17 residency whose ages are eighteen (18) or younger at the beginning of the season. 6) NON-RES/DENT YOUTH LEAGUES WITHOUT NON-PROFIT STATUS. See 'Picts -Up Game or Casual Use' definition in Section 11, •#A. 7) PRO or SEMI -PRO TEAMS. Team must have an office located within the City of National City. Team must be affiliated with a verifiable pro or semi -pro organization. Team rosters must be comprised of persons eighteen years of age or older. For -profit teams must provide the City of National City with 40% of the total profit, and documentation showing total revenues for verification. Aso see Section #K regarding 'Gate Receiptfee.. 8) ADULT NON-RESIDENTWITHOUT NON-PROFIT LEAGUES 9) OCCASIONAL USE/RECREATION PLAY. Resident National City Non - Profit Youth League organizations will be given priority for occasional use. Those persons who require the use of a playing field for recreational play such as a company sponsored competition, or youth leagues without non-profit status, shall pay a Use Fee (See Section K) at the rate stated for Adult -for -Profit in the current adopted user fee schedule. 10) TOURNAMENTS. Tournaments shall be defined as non -regular league play or Off-season Competitions with the primary purpose of fundraising or profit earning. Generally, tournament play is completed in three or less days including Resident Youth Leagues, Non -Resident Youth Leagues, Adult Non -Profit Leagues and Adult -for -Profit Leagues. 11) ADULT LEAGUES FOR-PROHT STATUS. •Leagues whose rosters are comprised of persons -eighteen years of age or older, and do not have non- profit status. For -profit teams must provide the City of National City with 40% of the total profit, and documentation showing total revenues for verification. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Recreational Field and Sports Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: May 3, 2011 Page 10of17 J. RESIDENT ADULT/YOUTH ROSTER AND NONPROFIT VERIFICIATION Each organization must present enrollment data from their current season indicating names, addresses, phone numbers, and birth dates of all participants. The number of participants within each organization's enrollment must be confirmed by the City prior to•the field allocation meeting. Failure to provide an official or complete roster with the application may result in: 1. being issued a temporary permit (valid through the end of the 2nd game.only), or 2. may place the league in a non-resident fee status, and applicable fees will be charged. 3. also see Section II, #B Each organization must present proof of current non-profit status to receive non-profit status priority. K. FEES AND CHARGES 1. City sponsored events, and 'Resident Teams' will not be .subject to a user. fee. Resident Teams are defined as having a minimum of 70% National City residents. 2. User Fees are required for organized team events, leagues, and practices that require exclusive use of Outdoor Tennis & Basketball Courts, Indoor Basketball Courts, Baseball/Softball, Soccer and Football Fields. CITY OF NATIONAL CITY CITY ci)Visicit, TITLE: Recreation& Field and Sports Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: May 3, 2011 User Fees Resident teams Ncin-resident teams Page 11 of 17 N/A $5Olhour, 2 hour miniinuni Field IVIaintenance/Cost Recovery: turf repair, Maintenance, water, equipment. Resident Teams NIA Nori-resident Teams $10 .per participant, per season Use of sport field lights: Resident Teams $10 per,hour Non -Resident Teams $20 per hour Aquatics rental (Sports tearns/leagues): Resident Teams $25 per hour Non -Resident Teams - $35 per hour Lifeguard fee• $201hr with 3 guard •minimum The number of lifeguards required per event is determined by what the Pool Manager deems safe. Gate Receipt Fee: Any team that charges spectators admission or collects fees, will be assessed fees equivalent to 40% of their documented revenue. These fees must be paid to the City within two weeks after each event. Also see Page 9, #7. Pool Maintenance/Cost Recovery: water, power, gas, and chemicals Resident Teams - $25 per hour Non -Resident Teams - $35 per hour Clean up fee: A ciean-up fee may be imposed and based on actual cost when afield is left with an unusual amount of debris.. Key replacement fee: $50 per key L. MINIMUM FIELD USAGE Fields cannot be reserved for less,than two hour use. cra OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Recreational Field and Sports Facility POLICY Rules and Regulations NUMBER-801 ADOPTED: November 12, 1991 AMENDED OR REVISED: May 3, 2011 Page i2 of 17 M. PAYMENT OF FEES Fees and deposits are to be paid at the time of approval unless special arrangements have been granted by the Community Services Director. Rain outs need to be made up during the season. The season can not be extended. If the fame can not be made up, a refund will be given for the day missed. N. MODIFICATION OF SPORTS FIELDS All requests for permission to modify park grounds must be approved in writing by the City of National City. All installations become the property of the City. All requests must include a "Letter of Intent", accompanied by construction drawings and specifications. No modifications shall be made without prior approval. 4. INDEMNIFICATION The applicant must complete a release, hold harmless and indemnity agreement which releases the City, its elected officials, employees, representatives, and/or agents from.any and all claims asserted, suits or liability established for damages or injuries, including death, to any person or property, including injuries to applicant, caused by or alleged to be caused by any act or omission by the City, its elected officials, employees, representatives, and/or agents which arise out of or are in any natter directly or indirectly connected with the use or condition of the premises. P. INSURANCE . 1. All groups are required to have insurance to protect the City from liability occasioned by their use of City premises. Specifically, all insurance required by this policy shall be written by California • admitted companies which are rated at least E4A,Vlil" by the current A.M. Bost Rating Guide or by a company of equal financial stability which shall be approved by the City's Risk Manager. 2. Commercial General Liability coverage with limits of at least one million dollars ($1,000,000) per occurrence must be provided. The City of National City must be named as an additional insured pursuant to a separate endorsement which will be provided to the City along with the Certificate of insurance prior to use of City fields/facilities. In addition, all 1 CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Recreational Field and Sports Facility POLICY Rules and Regulations NUMBER 801 ADOPTED: Novernber 12, 1991 AMENDED OR REVISED: May 3, 2011 Page 13 of 17 deductibles and/or self -insured retentions must be disclosed to and approved by the City's Risk Manager. 3. insurance coverage may be obtained through the City under terms, conditions, and rates applicable at the time, depending on the nature and duration of the proposed use. Groups desiring to purchase such insurance through the City must contact the City's Risk Manager. lll. RULES GOVERNING USE OF SPORTS FACILITIES (Gym, Pool, Etc A. Applicant desiring to use a facility must apply at least ten working days prior to use. Recreation sponsored classes and activities have priority and will not be changed to accommodate a group or organization unless authorized in writing by the Community Services Director. B. The Community Services Department must be notified of cancellations at least 24 hours in advance. Failure to do so may result in denial of privileges in the use of facilities, or full/partial forfeiture of fees/deposits. C. Food and/or beverages will be allowed only when authorized by the Community Services Director. NO ALCOHOLIC BEVERAGES OR TOBACCO PRODUCTS ALLOWED. D. Premises shall be left in the same condition they are found. Groups will be held responsible for breakage and general clean up. Failure to comply may result in denial of use of facilities. E. Equipment and/or furniture shall not be removed from buildings. F. Officers of groups shall supervise the conduct of their members to avoid damage to City property. G. Reservations of facilities may be subject to change or cancellation at any time by the Community Services Department upon reasonable notice being given. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Recreational Field and Sports Facility Rules and Regulations ADOPTED: November 12, 1991 POLICY NUMBER 801 AMENDED OR REVISED: May 3, 2011 Page 14 of 17 IV. RULES GOVERNING USE OF COURT AREAS (Tennis, Volleyball and Basketball courts) A. City sponsored classes and tournaments shall have priority on all courts. B. Tennis players must wear tennis shoes (i.e.: white soled shoes) C. Tennis courts are for tennis only or for such activities as may be scheduled by the Community Services Department. D. Tennis players must provide their own equipment. E. Bikes and skateboards and roller skates and blades are not allowed on tennis courts. F. Volleyball nets, volleyballs, and basketballs may be checked out from the Camacho Recreation Center. V ATHLETIC FIELD REGULATIONS A. See separate sections that address additional rules that are specific to the Skate Park (Section VI) and Multi -Use Soccer/Football field (Section VII). B. Equipment and maintenance: Each user group must provide its own bases, chalk and field preparation equipment. C. No vehicles are ^' cm!ad on sports fields/surfaces or other park grounds, except when authorized by the City. Violators are subject to citation. D. League officials shall supervise the conduct of their members. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Recreational Field and Sports facility POLICY Rules and Regulations NUMBER 801 ADOPTED: November 12, 1991. May 3, 2011 I Page 15 of 17 r1 � �+ r+___.i�_._a .Y.._Z L... 1'li...J � .,.... lln+inn n+ 1 he Chillnunity Services Depa tlI ent i Eust be rnotified of airy 4.Ear..Ac ion at least 24 hours in advance. Failure to do so may result in denial of use of facilities. AMENDED OR REVISED: F. All reservations may be subject to change or.cancellation at any given time. G. Trash and litter must be picked up and fields/facilities left in a clean and orderly condition, as this is the responsibility of the Organization/Team. Please report any vandalism, .criminal offense, disturbances, or maintenance issue toNational City Police Department at (619) 336-4411 or the Community Services Department at (619) 336-4290. Your help is appreciated in preserving the National City tradition of clears parks and quality playing fields. H. No permanent advertising signs shall appear on City property unless approved by the City. Any temporary signage must be previously approved by the Community Services Director or designee.and must be affiliated with the league or team (See Section ll, #G). I. No pesticides, herbicides, insecticides, fungicides, etc. may be applied without prior written consent of the City. This consent must be accompanied by a Pest Control Advisors Report. All work must be performed by a Licensed Pest Control Applicator. J. Weather conditions. During rain or wet conditions, call the Community Services.Departmont at (619) 336-4290 to see if fields are playable. K. Use of'Seore Shacks/Snack Bars by the permit holder will be permissible. L. Team/League items in score shack must be removed within 10 business days of the .end of the Season or Tournament. The facility must be left in a clean and orderly condition. . M. The City shall not be held responsible for the loss or theft of any item or equipment from Score Shacks/Snack Bars. CITY OF NATIONAL CITY CITY COUNCIL. POLICY TITLE: Recreational Field and Sports Facility Rules and Regulations ADOPTED: November 12, 1991 AIvNNDED OR. REVISED: May 3, 2011 POLICY NUMBER 801 Page 16/17 VI RULES GOVERNiNG USE OF SKATE PARK A. Skate park facility rental is governed by the Temporary Use Permit Policy (available from the Neighborhood Services. Division) B. City sponsored classes and events shall have priority C. Helmets and proper protective gear must be worn at all times when using the facility D. Bikes are not allowed in the skate park. E. All users use the facility at their own risk. VII RULES GOVERNING THE MULTI -USE FIELD AT EL TOYON PARK A. Field is cv it ble for Soccer or Fnntbetli by permit only, to ensure that all users are aware of the rules. You may obtain a Field Use Application from the Community Services Department B. Teams are required to provide their own soccer nets. Nets must be removed at the end of the game and may not be stored on City property C. Permitted users may be limited to a specific number of hours on the field, in order to stay within the maximum usage allowed by the warranty. D. If tearns participate in rotating league .games, this field may only be used for "home" games. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Recreational Field and Sports Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: May 3, 2011 Page 17 of 17 E. Due to the fact that this is a� i artificial surface, the City and all permitted users must adhere to the following requirements in order to maintain the manufacturer's warranty. The following items are prohibited on the turflfield: 1. No Pets 2. No paints, chalks or permanent markings 3. No tape (to mark the surface) 4. Only non-metal, '/" molded 'grass' cleats are allowed. 5. No bikes, skateboards, roller blades, skates or other wheeled sports 6. No shotput or javelin, or similar activities that may damage the turf 7. No food, drinks, sunflower seeds or gum 8. No glass bottles or containers 9. No vehicles except as approved by the City 10. No cigarettes, cigars or other smoking materials 11. No fireworks or open flames 12. No driving stakes (to anchor tents, canopies, etc) F. Users who operate their own snack bars, must limit the type of snacks/food/ beverages are sold to ensure that prohibited items do not get onto the field. G. In addition to the specific rules for this field, all other Field Use rules and regulations throughout this policy also apply. CITY OF NATIONAL CITY Field Clot::; a Schedule Feb El Toyon 1111110111. Multi -purpose Field Closed (beginning 2nd week of December) Multi -purpose Field Open Las Pairrias Multi -purpose Field Closed Muizi-purpose Field Cpen Baseball/ Softball Fields Closed Kimball Multi -purpose Field Open --- Season Season SOCCER Multi -purpose Field Closed r: Multi -purpose Field Closed FOOTBALL. *Note: When, field is closed It is closed o all users (organized/casual use), with exception to City wide special events. CITY COUNCIL POLICY Policy Number 802 TITLE: City Support for Special Events & Use of the City Mobile Stage ADOPTED: October 3, 2006 AMENDED OR REVISED: BACKGROUND: The Council recognizes that special events are a lifestyle that defines National City's history and makes our City unique. However, City Council is also concerned with the increasing cost of City support of special events, examples of which are concertos, festivals, parades and sporting events which take place at City parks and facilities or in City streets and rights -of -way. The Council notes that City support of special events, be it police traffic service, fire standby service or other support, is not specially budgeted and is provided through reductions in the level of service for budgeted programs. DEFINITIONS: 1. "SPECIAL EVENT" as defined in Municipal Code Section 15.60.005 means any organized activity conducted for a common or collective purpose, use or benefit which involves the utilization of, or has an impact upon, public property or facilities and the need for providing municipal and public safety services in response to the event. Examples of Special Events include, but are not limited to: a. Parades b. Public concerts and other community cultural events c. Demonstrations d. Circuses e. Fairs and festivals f. Community or neighborhood block parties and street dances g. Mass participation sports (marathons, bicycles races and tours) h. Film making activities Public speaker events 2. "CITY SUPPORT" means any City services required to maintain minimal interference and inconvenience to the general public resulting from a Special Event. City Support includes, but is not limited to: a. Special Event permit processing b. Police services c. Sanitation and cleanup 1 d. Maintaining access for emergency vehicles and provision of medical care e. Street closures f. Use of City Stage, PA equipment and/or Information Trailer City Support does not include internal security, crowd control and other services considered the responsibility of the Special Event Sponsor. 3. "NON PROFIT" means a non-profit tax exempt organization (501(c)(3)) that is exempted from payment of income taxes by federal or state law and which has been in existence for a minimum of six (6) months preceding the date of application for a special event. 4. "PUBLIC FACILITY" means any property, building, or public access (street, park, theater, etc.) that lies within the City and which is owned or operated by the City for public benefit or usage. 5. "EVENT ORGANIZER" means any person, group, or corporation assuming responsibility for planning, promoting, and carrying out a Special Event. 6. "CITY MANAGER" means the City Manager or designee. 7. "CITY CO -SPONSORED EVENT'' is defined as an annual event that occurs within the boundaries of National City. The co -sponsoring agency must be a National City non-profit or branch thereof and the event must benefit National City and its residents. Applications must be submitted as a special event application to the Neighborhood Services Department, deadlines are noted annually. The current City co-sponsorship events list (Attachment A) are considered grandfathered and will not need to apply annually for approval. 8. "CITY SPONSORED EVENT" is defined as an annual community -wide event that is planned and managed by one or more City departments. The current City sponsored events list (Attachment' B") are considered grandfathered and will not need to apply annually for approval. These events will not require.a secondary City Council approval through the TUP or Special Event process. City Staff will process event applications and City Council will be updated of these events annually and or on a quarterly basis. PURPOSE: it is the purpose of this policy to provide guidelines for the support of special events, consistent with the eat riisr:Intinn tonnrrnni City s ion POLICY: 1. It is the policy of the City Council that to the extent that economic conditions and the City's resources allow, the City Manager may provide City support for a special event conducted by a non-profit organization. City support would be limited to a waiver of permit processing fees and the event must benefit National City residents. Examples include an event 2 where there is insufficient time for Council approval, such as in the event of a catastrophe or an emergency situation. The City Manager shall notify the City Council of any such support on a monthly basis. 2. It is the policy of the City Council that to the extent that economic conditions and the City's resources allow, the City manager upon City Council notification, may provide reasonable City support of up to $1,200 per event day to non-profit special events that benefit National City residents, are held wholly within City limits, and which are listed in Attachment A and are considered to be City co -sponsored annual events. 3. it is the policy of the City Louncil that any new non-profit applinent blot nn Attachment A) requesting co-sponsorship must apply to be considered for the City co -sponsored event list which will be reviewed annually by the 802 policy committee. The 802 policy committee will recommend changes to the co -sponsored event list only When required on an annual basis (per Section 7 of Definitions- page 2). As a City co -sponsored event, organizations shall prominently place the City's logo in all advertising materials promoting the event and provide space for the City to set up an information booth, per the City Council's discretion. 4. It is the policy of the City Council that any new Special Event or TUP applicant not currently on the approved co -sponsored list and requesting fee waivers, may only be considered to have fees waived up to the minimum level of $ i 000 per event day. Attachments "A" and "B" are the current list of approved co -sponsored and sponsored events respectively. Any new events considering co-sponsorship must apply through the annual process. 5. It is the policy of the City Council that to the extent economic conditions and the City's resource allow, National City will sponsor and provide community -wide annual events which are listed in Attachment B. Event fees that are incurred by City departments will be charged against an account designed for that purpose. The City Manager shall notify the City Council of upcoming events on a quarterly basis. 6. It is the policy of the City Council that the City Manager shall charge City costs for any special event of a commercial nature: also, the City Manager shall require organizers of commercial special events to pay the City a negotiated percentage of gross revenues of a flat fee. Such revenues will be deposited into the City's General Fund. Proceeds from a special:event of a commercial nature that benefits a local non-profit organization, shall show proof of donation within 10 business days. Such proof shall be submitted to the CCity's Finanrce De artment (Revenue fit. Recovery). Failure to provide proof of rinnetir .:�� .« ..r .o.._ .,it _� - _-:-�_�: _ f; .+ -- -Y City ra cilia;-- .. :......... ___......_....... �rc.. �..� ...ay re_�.�....�.. ..::are _.,., ......�! :� .:::;::;: . 7. The use of El Toyon Park for special events is prohibited. 8. Use of mobile stage- The mobile stage shall be used only on City parklands, and/or other public property within the limits of National City. Regular use that is approved annually includes starred events on Attachments "A" and "B". Any events outside this purview and requesting 3 use of the City stage must apply through the special event process. The USER of the stage shall be responsible for any damage to the unit resulting from carelessness or misuse. RELATED POLICY REFERENCES: City Council Policy # 704— Limitation on City Approved Special Events within the City City Council Policy # 801 — Field and Facility Rules and Regulations 4 Event Title Chamber Installation Dinner Granger Jr. High Cultural Fair* Job Fair July 4th Carnival* Taste of National City Auto Heritage Days* Relay for Life* Salute to Navy Sweetwater High Homecoming Community Concert Band Series (up to 4 concerts annually/per year) Spirit of the Holidays Christmas in July Clean -Ups *Indicates use of City Mobile Stage ATTACHMENT 'A' NATIONAL CITY CO -SPONSORED EVENTS Organizer N.C. Chamber of Commerce Granger Jr. High N.C. Chamber of Commerce National City Host Lions Club N.0 Chamber of Commerce N.C. Chamber of Commerce American Cancer Society N.C. Chamber of Commerce Sweetwater High N.C. Community Concert Band KC. College Campus Lions Christmas in July 5 Timing Feb Spring Spring July May August August October Fall Quarterly December Various ATTACHMENT B' NATIONAL CITY SPONSORED EVENTS Event Title Organizer Timing Movies in the Park Community Services Summer Miss National City Pageant* Miss National City Pageant July National Night Out Police, Community Services, FFA August 9/11 Remembrance Ceremony Fire September State of the City Mayor's Office Fall Tower of Terror* Fire, Community Services October Veteran's Day Community Services November Christmas on Brick Row Community Services December Community Service Day Community Services April National City Public Safety Fair Police, Fire April *Indicates use of City Mobile Stage This Policy consolidates Policy Number 802 and 804. CITY COUNCIL POLICY TITLE: POL1CY GOERNING THE USE OF THE MOBILE STAGE AND EQUIPMENT POLICY NUMBER: '02 ADOPTIE D :November 12, 1991 AMENDED OR REVISED: LAprii 5, 1994 POLICY. The Mobile Stage and the equipment attendant thereto shall be used only=on city parklands, and/or other public property within the city limits of National City. Regular use that is approved annually includes: Maytirne Band Review 4th of July Celebration Chile Cookoff Old Town Celebration Parks and Recreation Department Events The Parks and Recreation Director may authorize other use of the stage when all of the following conditions are met: 1. There is no profit motive and the sponsoring group is a recognized National City Organization. 2. The event is co -sponsored by the City of National City. 3. The event is open and free to the public. 4. The event is recognized as being in the public interest, 5. The event must take place within the city limits of National City. he Parks and Recreation Director shall insure that the following rocedures are followed: The'stage shall be transported by city staff. All eq ipment shall be connected for service at the event si.t + by city staff. The USER shall be financially responsible for any damage to the unit resulting from carelessness or misuse. The stage shall be returned to the Public Works Yard at the end of each event by city staff. CITY l COUNCIL POLICY TITLE: City Support for Special Events POLICY NUMBER 804 ADOPTED: October 3, 2006 BACKGROUND: AMENDED OR REVISED: August 3, 2010 Page 1. of 6 The City Council is concerned with the increasing cost of City supportof special events, examples of which are concerts, festivals, parades and sporting events which take place at -City .parks and facilities or in City streets and rights -of -way. The Council notes that City support of special events, belt police traffic service, fire standby service or other support, is.not specially budgeted and is provided .through reductions in the level of service,for budgeted programs, The Council also recognizes that special events are a major part of that special lifestyle that defines National City's•history and makes our.city unique. DEFINITONS: 1. "SPECIAL. EVENT" as defined in Municipal Code Section 15.60.005 means any organized activity conducted for a common or collective purpose, use or benefit which involves the utiliz.ation of, or has an impact upon, public property or facilities and the need for providing municipal and public safety services in response to the event. Examples of Special Events include, but are not limited to: a. Parades. b. Public•concerts and other community cultural events. c. Demonstrations. d. Circuses. • e. Fairs and 'festivals. • f. Comrnunity.or neighborhood block parties and street dances. g. Mass participation -sports (marathons, bicycles races and tours). h. Film makpng activities. i. Public speaker events. 2. "CITY SUPPORT" means any City services required.to maintain minimal interference and inconvenience to the general public resulting from a Special Event.• CITY COUNCIL POLICY POLICY TITLE: City Support for Special Events NUMBER .804 ADOPTED: October 3, 2006 AMENDED OR REVISED: August 3, 2010 Page 2 of 6 City support includes but is not limited to: a. Special Event permit processing. b. Police services. G. Sanitation and cleanup. d. Maintaining access for emergency vehicles and provision of medical care. e. Street closures. f. Use of City Stage, .PA equipment and/or Information Trailer City Support does not include internal security, crowd control and other services considered the responsibility of the Special Event Sponsor. 3. "NON PROFIT" means a non-profit tax exempt organization (501(c)(3)) that is exempted from payment of income taxes by federal or state law and which has been in existence for minimum of six (6) months preceding the date of application for a special event. 4. "PUBLIC FACILITY" means any property, building, or public access (street, park, theater, etc.) that lies within the City and which is owned or operated by the City for public benefit or usage. 5_ "EVENT ORGANIZER" means any person, group, or corporation assuming responsibility for planning, promoting, and carrying out a Special Event. 6. "CITY MANAGER" means the City Manager or designee. PURPOSE: it is the purpose of this policy to provide.guidelines for the support of -special events, consistent with the least possible disruption to normal City services. CITY COUNCIL POLICY TITLE City Support for Special Events POLICY NUMBER 804 1 ADOPTED: October 3, 2006 AMENDED OR REVISED: August 3, 2010 I Page 3 of 6 POLICY: 1. It is the policy of the City Council that to the extent that economic, conditions and the City's resources allow, the City Manager may provide City support for a special event conducted -by a non-profit organization. City support would be a limited toa waiver of permit processing fees and the event must benefit National City residents. Examples include an event where there is insufficient time for Council approval, such as in the event of a catastrophe or an emergency situation. The City Manager shall notify the City Council of any such support on a monthly basis. 2. It is the policy of the City Council that to the extent that economic conditions and.the City's resources allow, the City Manager upon City.Council notification, may provide reasonable City support of up to $1,000 per event day to non-profit special events that benefit National City residents, are held wholly within City limits, and which are listed in Attachment A and are considered to be City co -sponsored annual events. Additionally, the City shall absorb police costs associated with said events. The City Manager shall notify the City Council of upcoming events on a monthly basis. As a City co -sponsored event, organizations shall prominently place the City's logo in all advertising materials promoting the event and provide space for the City to set up the Information Trailer and/or information booth, per the City Council's discretion. 3. It is the policy of the City Council that to .the extent economic conditions and the City's resource allow, National City will sponsor and provide community - wide annual events which are listed in Attachment B. Event fees that are incurred by City departments Will be charged against an account designed for that purpose. The City Manager shall notify the .City Council of uocornino events on a monthly basis. 4. It is the policy of the City Council that the City Manager shall charge City costs for any special event of a commercial nature; also, .the City Manager shall require organizers of commercial special events to pay the City a negotiated percentage of gross revenues or afiat fee. Such revenues will be deposited into the City's General Fund. CITY COUNCIL POLICY TITLE: City Support for Special Events POLICY NUMBER 804 ADOPTED: October 3, 2006 AMENDED OR REVISED: August 3, 2010 Page 4cf6 Proceeds from a special event of a commercial nature that benefits a local non-profit organization, shall show proof of donation within 10 business days. Such Proof shall be submitted to the Citv's Finance Department (Revenue & Recovery). Failure to provide proof of donation will result irti loss of deposit and may jeopardize future use of City facilities. 5. it is the policy of the City Council that volunteer and private resources will be used in lieu of City support for special events whenever possible. 6. The use of El Toyon Park for special events is prohibited. RELATED POLICY REFERENCES: City Council Policy # 704 - Within the City City Couricil Policy # 801 - City Council Policy # 802 - Limitation on City Approved Special Events -- Field and Facility Rules and Regulations City Mobile Stagg, Use of the vity iV1�lYJYIG Stags and o`.qurprn8'+'/i k�. CITY COUNCIL POLICY ITITLE: City Support for Special Events POLICY NUMBER 804 ADOPTED: October 3, 2006 AMENDED OR REVISED: August 3, 2010 Event_ Title ATTACHMENT `A' NATIONAL CITY CO -SPONSORED EVENTS Non -Profit. Organizer Page 5 of 6 Timing Trailer? Chamber Installation Dinner NC Chamber of Commerce Feb n/a Granger Jr. High Cultural Fair...Granger Jr. High. Spring trailer Miss National City Pageant......Miss National City Pageant July n/a July 4th Carnival National City Host Lions Club July booth Taste of National City N.C. Chamber of Commerce May n/a Auto Heritage Days .N.C. Chamber of Commerce August trailer Relay for Life .American Cancer Society ..August table Salute to Navy N.C. Chamber of Commerce October table* SURE Homecoming- Sweetwater High Fall n/a Community Concert Band.......N.C. Community Concert Band...Quarterly table* Series (up to 4 concertsannually/per event) - Christmas in July Clean-Ups......Christtmas'in July Various rile *unmanned table r CITY COUNCIL POLICY POLICY TITLE: City Support for Special Events NUMBER 804 ADOPTED: October 3, 2006 AMENDED OR REVISED: ATTACHMENT `B' August 3., 2010 Page 6 of 6 NATIONAL CITY SPONSORED EVENTS Event Title City Department Timing Trailer? Chili & Salsa Cook -off ..Library Spring trailer Memorial Day Event Community Services May n/a Movies in the Park Community Services Summer table National Night Out Police, Community August table • Services, FFA Summer Concert ..Community Services Fall trailer National City's Got Talent Library Fall table State of the City Mayor's Office .Fall trailer Public Safety Fair Police, Fire, Community - October trailer Services Tower of Terror .. Community Services, Fire....October n/a Veteran's Day Memorial Community Services Tree Lighting to Morgan Square.....Community Services November n/a :December n/a CITY COUNCIL POLICY Policy Number 803 TITLE: Facility Use Guidelines and Regulations for the Use of Community Centers ADOPTED: August 10, 1993 AMENDED OR REVISED: PURPOSE: To establish a policy that defines appropriate facility usage and priorities and assigns responsibility for scheduling. GENERAL POLICY: National City Community Centers may be available for public meeting purposes, civic purposes, and non-profit organizations whose memberships substantially includes National City residents or whose purpose is to provide services to National City residents. Use of any City facilities shall not interfere with, the daily routine of any City activity or operation. City facilities may not be used by any person or group for private functions, commercial purposes for personal financial gain, fundraisers, for -profit events or any profit -making endeavors or any activitynot consistent with the general business purpose of the building. These guidelines and regulations are established to properly define the conditions under which the facilities may be used and preserved for future users and may be .c.hancx.'„ � di ed as no c s s a I Vi Pam &.. .L M! lytE l�.l Ml.0 or modified as E !Snl f1.-e3��11 � y Vic b-4EE.� C114.8E E5„sll� Facilities Available for Reservation 1. Martin Luther King Jr. Community Center, 140 East 12th Street Facility includes a large hall that can be separated into two sections and a kitchen 2. Kimbaii Senior Center, 1221 D Avenue Facility includes a hall and kitchen 3. Casa De Saiud Center, 1408 Harding Avenue Facility includes a hall and half kitchen 4. El Toyon Recreation Center, 2005 East 4th Street 1 Includes a hall and two small classrooms 5. Camacho Recreation Center, 1810 East 22nd Street Facility includes 2 classrooms 6. National City Aquatic Center, 3300 Goesno Place Facility include classroom 7. Granger Music Hall, 1615 Last 4th Street Facility includes hall designed for concerts Categories of Use by Priority To ensure Community Centers are used in the best interest of National City residents, Community Centers will be administered in accordance with a priority system: I. CITY PROGRAMS. National City programs, events and meetings shall have priority over any other program or usage. 2. CITY CO -SPONSORED PROGRAMS. National City co -sponsored programs shall be given second priority. The City Manager or designee may approve a facility use to be categorized as a City Co -Sponsored Program, as long as the facility use benefits the National City community. 3. EDUCATIONAL GROUPS. Educational activities organized by any school located in National City. 4. GOVERNMENTAL AGENCIES. An administrative unit of government with specific responsibilities. 5. CIVIC/SERVICE GROUPS. An organization whose official goal is to improve National City neighborhoods through donations to local charities and volunteer work by its members. 6. RESIDENT NON-PROFIT NATIONAL CITY GROUPS. National City non-profit f-2Ega i3 ito!! vvii.ih 70% of active members having a Nat cra City residency and a majority of the officers, having a National City residency. 7. OTHER. Proposed use not falling readily into one of the above categories of use will require approval from the City Manager or designee. Prohibited Facility Use City facilities are not available for the following purposes: 1. Private functions 2. Commercial purposes for personal financial gain 3. Fundraisers, for -profit events or any profit -making endeavors 4. Normally authorized groups sponsoring private usage 5. Any activity not consistent with the general business purpose of the building 2 Fees and Deposits Based on Category Category Resident Fees Non- Resident Fees Facility Use Fee $50 Kitchen Deposit $60 Key 1 Deposit $100 Cleaning Deposit $100 AudioNisual Deposit $100 1. City Programs None None None None None None None None 2 City Co - Sponsored Programs None None None None None None 3. Educational Groups Custodial Fees City Fees and Custodial Fees Required Required Required Required Required 4 Governmental Agencies Custodial Fees City Fees and Custodial Fees Required Required Required Required Required 5 Civic/Service Groups Custodial Fees City Fees and Custodial Fees Required Required Required Required Required Required 6. Resident Non- Profit National City Groups Custodial Fees City Fees and Custodial Fees Required Required Required Required 7 Other Custodial Fees City Fees and Custodial Fees Required Required Required Required Required Resident and r-RF?gFdgint rgeS City Fees and Custodial Fees are set forth in the City Council approved Fee Schedule. Facility Use Fee A Facility Use Fee of $50 is required for all resident and non-resident groups using a facility, excluding City Programs and City Co -Sponsored Programs. Regura eii5ie ei� ria ee 1. KITCHEN DEPOSIT. A non-waivable, refundable kitchen deposit of $60 is required. Kitchen equipment including major appliances, cooking tools, eating utensils, and the overall kitchen area shall be left thoroughly clean and ready for use by the next group, without any further cleanup required, if the kitchen is not left clean, it will be cleaned by city staff or by contract, and the group will forfeit their deposit and be subject to an additional cleanup fee. 3 2. KEY DEPOSIT. A non-waivable, refundable key deposit of $100 is required. If the key is not returned within one (1) business day of the event, the group will forfeit their deposit. 3. CLEANING DEPOSIT. A non-waivable, refundable cleaning deposit of $100 is required. The facility, grounds and parking areas will be left clean and clear of debris. If the facility is not left clean, it will be cleaned by City staff or by contract, and the group wiii forfeit their deposit and be subject to an additional cleanup fee. Payment of Fees and Refundable Deposits Fees for use of City facilities are set forth in the Council approved Fee Schedule, and must be paid in full at least ten (10) days prior to the event. If payment is not received, the event will be considered cancelled, and the organization will be advised. The City Manager or designee may, for sufficient reason, make exceptions to this clause, but in any event, payment must be received before the event occurs. Deposits must be made with a separate check. Deposits will be refunded following the return of the issued key, where no damage or Toss has occurred and where no extra clean-up is required. In the event of damage, loss or extra clean-up, as determined by the Public Works Department, the deposit may be forfeited and additional charges may be incurred. Applicant Eligibility When an application is submitted on behalf of a business entity or organization, it shall be signed by a person with authority to bind the company or organization. Applications for rental of City facilities will not be accepted from anyone less than 21 years of age. Youth groups must have adult sponsors who guarantee observation of the guidelines and regulations. A minimum of one adult per 20 people under the age of 18 is required at the activity. Any misrepresentation es i+o tile nature of the L!ste or activity to occur at a Ci s ?a ilia= the number of. attendees expected, contact or payment information or any other falsification on rental application documents will result in the immediate cancellation of the proposed use or evert and forfeiture of fees paid. Any such misrepresentation may result in denial of future rental requests and/or legal action. Ap ?'iicatiori Process Reservations will be accepted on a first -come -first -served -basis. The Schedule will remain tentative until 30 days before an event. At any time prior to the 30 days before an event, a group of higher category may displace a group of lower category (although consideration will be given to previously scheduled events). At 30 days before an event, the schedule is locked in, and bumping will not be permitted, except for City Programs (category 1). The City reserves the right to cancel, reassign, or otherwise adjust 4 reservations to comply with the demands of its own programs or emergency requirements. Each organization is required to submit the following prior to being granted a Facility Use Permit: 1. Facility Use Application for each facility requested 2. Signed indemnity and hold harmless 3. Proof of insurance 4. Current roster and enrollment data (if applicable) 5. A copy of 501(c)(3) status and current audited financial statement if applying for non- profit status (if applicable) 6. Payment of applicable fees GENERAL RULES: Facility Use Rules 1. The applicant is responsible to ensure that participants are respectful of the facilities and equipment. 2. At no time may the applicant extend the hours of the facility use. 3. The use of City facilities is a privilege and all requirements of the City staff will be met expeditiously. 4. City staff has the authority to direct that the event be terminated and that the premises be vacated and to request the Police Department's or Fire Department's assistance as necessary to clear the premises. 5. Failure to comply with any of the guidelines and regulations or a staff directive shall be grounds for denial of any future requests by the applicant. Damage, Cleanliness and Supervision 1. All City facilities, Lncluding parking areas, grounds and restrooms, shall be left clean and clear of debris and in orderly Condition. If the facility is not left clean, it will he, cleaned by City staff or by contract, and the group will be billed accordingly. 'i ire the cveht p e ! s,m c i it, its its n# �. . the �.w+v, r�.. of �rHyl�Hr,uo �xr� � r�iy\: to the facility, equipment, contents, or the surrounding grounds, an estimate of the cost of repairs and/or replacement will be made by the City, and the group will be billed accordingly. 3. Officers of organizations shall supervise the conduct of their members to avoid damage to City property. 4. Failure to comply may :result in denial of future use of facilities. KayA !f approved by the Public Works Director and/or the Community Services Division designee an organization may receive a key in order to access the facility. Facility keys must be picked up from the Public Works Department one business day before the permitted event between 7:30 a.m. and 5:30 p.m. Keys should be returned to Public Works Department within one (1) business day of the event or the group will forfeit their deposit. 5 Facility Set Up Organizations are required to submit a room diagram at the time the facility application is submitted. The City will be responsible for the set up and tear down of equipment. Any additional equipment that the group wants to use at a City facility must be included on the facility application and approved by the City Manager or designee. Decorating Use of slue guns, nails, thumbtacks. staples, masking or electrical tape inside the facility is not permitted. Only nor -adhesive putty may be used on the walls. All decorations must be fire proof or fire -retardant materials. Organizations must bring their own extension cords. Decorating for an event is not permitted outside of the facility. Indemnification The applicant must complete a release, hold harmless and indemnity agreement which releases the City, its elected officials, employees, representatives, and/or agents from any and all claims asserted, suits or liability established for damages or injuries, including death, to any person or property, including injuries to applicant, caused by or alleged to be caused by any act or omission by the City, its elected officials, employees, representatives, and/or agents which arise out of or are in any matter directly or indirectly connected with the use or condition of the premises. Insurance All groups are required to have insurance to protect the City from liability occasioned by their use of City premises. Specifically, all insurance required by this policy shall be written by California admitted companies which are rated at least "A,VII I" by the current A.M. Best Rating Guide or by a company of equal financial stability which shall be approved by the City's Risk Manager. Commercial General Liability coverage with limits of at least one million dollars ($1,000,000) per occurrence.rnust be provided. The City of National City must be named as an additionai insured pursuant to a separate endorsement which will be provided to the City along with the Certificate of insurance prior to use of City fields/facilities. In addition, ail deductibles and/or self -insured retentions must be disclosed to and approved by the City's Risk Manager. Insurance coverage may be obtained through the City under terms, conditions, and rates applicable at the time, depending on the nature and duration of the proposed use. Organizations desiring to purchase such insurance through the City must contact the City's Risk Manager. Alcohol Regulations The use of alcohol is prohibited in National City Community Centers. Smoking 6 Smoking is prohibited in any part of a City facility. Per Government Code Sections 7596-7598, smoking is prohibited within 20 feet of the main entrances, exits and operable windows of any facility owned, leased and occupied by the State, County, or City. Security Applicants may be required to provide licensed, uniformed and contracted security guards for each event at the rate of one (1) security guard for each 200 attendees, as determined by the Public works Director and/or the Community Services Division designee after consultation with the Police Department. • Financial Statement All organizations must submit a financial report on how they plan to use the funds raised from the event and how the funds raised will benefit the National City community. Any financial report must be filed with the City within fifteen (15) days subsequent to the event by any organization charging admission or by any group using the facility for fund- raising purposes. A sign -in log of attendees, with addresses, may be required. No donations, under any guise or circumstance, or for any purpose, shall be solicited at any City facility for causes not directly related to the activity in progress. Non -Discrimination The applicant hereby assures that all programs and activities implemented at City facilities and open to the general public will be conducted in a non-discriminatory manner, without regard to an individual's race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Report ‘./a lda Psi Although staff inspects our park sites and facilities on a regular basis, damage or vandalisrn may occur between visits. if you notice any broken equipment or furnishings, unsafe conditions, or vandaiism, please report it to the Public Works Department at (619) 336-4580 during regular business hours. This Policy consolidates Policy Number 803 and 805. 7 0 CITY COUNCIL POLICY TITLE: FACILITY USE GUIDELINES AND REGULATIONS FOR THE USE OF POLICY 803 TEA MARTIN LUTHER KING JR." COMMUNITY CENTER AND GRANGER NUMBER ADOPTED: August 10,1993 • . • AIVIENDED OR September 16, 2008 REVISED Purpose Page 1 of To establish a.policy that defines appropriate facility usage and priorities and assigns responsibility for facility scheduling. ' Policy Certain City facilities may be available' for public meeting purposes, civic purposes, and non-profit organizations whose membership substantially includes National_City residents or whose purpose is to provide services.to Na- tional City residents. •. The City Cou icii recognizes the benefit of granting permission to recognized groups/organizations for the use of City facilities, and may grant such approval upon the submission of an application. Use . of any City facilities shall not interfere with the daily routine of any City activity or operation. Facility use will be governed by City Council Policy and administered by the Community Services Department: The City Council further recognizes that a fee is appropriate in most circumstances, particularly to recover the City's cost to provide and/or maintain the various facilities. Upon the recommendation of the Community Services Director, local non-profit organizations or groups which ' routinely and regularly provide financial or other support to the City of National City may be exempted from room rental fees. Facilities Available for Reservation: 1. Martin Luther King Jr. Community Center, 140 E. 12th Street Granger Music Hall City facilities shall not be used for private functions, commercial purpose for personal financial gain, fundraisers or "for profit" events, religious organizations conducting activities,. any profit -making endeavors, or any activity not consistent with the general business purpose of the building. Related Policy Reference: National City "Facility -Use Guidelines and Regulations for Senior and. R PrreAtion Centers" - 4 CITY' OF NATIONAL CITY FACILITY USE GUIDELINES AND REGULATIONS FOR THE USE OF THE MARTIN LUTHER KING JR. COMMUNITY CENTER AND GRANGER MUSIC HALL The Martin Luther King, Jr. Community Center and Granger Music Hall are public facilities, owned by the citizenry of National City .and administered for them by the City Council and the staff of the City of National City, for •public Use. City facilities may not be used by 'any person or group for private functions, commercial purposes for personal financial gain, fundraisers or "for profit" events, religious organizations conducting activities, any profit -making endeavors, or any activity not consistent with the general business pu1pose of the building. These guidelines and regulations are established to properly define the conditions under which the facilities may be used and preserved for future users and may be changed or modified as necessary by. the City Council. FACILITY USE GUIDELINES AND REGULATIONS FOR THE USE OF THE MARTIN. LUTF & KING JR. COMMUNITY CENTER AND GRANGER MUSIC_ HALL . City of National City The Facility Use Guidelines and Regulations cover the use of the Martin Luther King, Jr, Community -Center, and GrangerMusic Hall. If you are unable to locate the information you need in his d'ocuu Wit, please call us at (619) 336-4290.. POLICY Certain City facilities may be available for public meeting purposes,, civic purposes, and non-profit organizations whose membership substantially includes National City residents or whose purpose is to provide services to National City residents. • The City Council recognizes the benefit of granting permission to recognized groups/organizations for the use of City facilities; and may grant such approval upon the submission of an application. Use of any City facilities shall not interfere with the daily routine of any City activity or operation. Facility use will be governed by City Council Policy and administered•by the Community Services'Department: The City Council further recognizes that a fee is appropriate inmost circumstances, particularly to recover the City's cost to provide and/or maintain the various facilities. Upon the recommendation of the Community Services Director, local non-profit organizations or groups which routinely and regularly provide financial or other support to the City. of National City may be exempted from room rental fees. These guidelines and regulations are established to properly define the conditions under which the facilities may be us.ed a„d.preserV ed for future users and nay be changed or modified as necessary by the City Council. Facilities Available for Reservation: 1. Martin Luther IKing•dr. Community Center, 140 E. 12th Street 2. Granger Music Hall City facilities may not be used by any person or group for private functions, commercial purposes. for personal financial gain, fundraisers or "for profit events, religious organizations conducting activities, any profit -making endeavors, or any activity not consistent with the general business 'purpose offthe-buildiing. The City of National City is committed to the policy that all persons shall have. access to its facilities without regard to race, color, religion, sex, national origin, age, marital or veterans' status, sexual orientation or.disability. 3 GUIDELINES AND REGULATIONS TABLE OF CONTENTS CATEGORIES OF USE By Priority - 6 Fees and Deposits 8 Exclusions 8 Applicant -Eligibility 9 FACILITY RESERVATIONS 9 Termination of Approved Use 9 RATES ..10 SPECIAL RATES .10 Non -Profit Organizations National City Senior Citizens' Organizations FEES AND DEPOSITS 10 Kitchen Deposit Cleaning Deposit Key Deposit ..11 FEES Facility Use- Fee...... •. 11- PAYNXNT 11 General Kitchen • Cleaning Facility Use 12 KEYS 12 SET-UP DIAGRAM • 12 DECORATING 12 RESTROOMS . • ..13. INDEMNIFICATION ,...13 4 INSURANCE 13 ALCOHOL REGULATIONS ..13 SECURITY 14 SMOICLNG .. 14 FINANCIAL"• STATEMENT 14 LOAN OF FACILITY EQUIPMENT ..15 NON-DISCRIMINATION 15 5 CATEGORIES OF USE — BY PRIORITY • Category Use Fees Required Approval City Events organized or sponsored by the City. No Fees Community Services Director II. City employee groups for official meetings. For other than official meetings, functions will be classified by use. Educational Groups. Educational activities organized by any school located in National City. Custodial Fees Council Approved Rate Community Services Director City Council • Governmental Agencies Council Approved Rate City Council Civic Groups/Service Groups Council Approved Rate City Council VL VII. Advocacy. An Council Approved Rate individual, group, sponsors of a ballot proposition, etc. for advocacy purposes, candidate's forum or a ballot proposition(s). forum. Social Groups. National Council Approved Rate City Non-profit organizations, which are democratic in nature and organized for social purposes, with membership or participation, open to the general public. Note: A National City organization is defined as one having National City residents predominate as officers of the organization, and with at least 70% of its active membership comprised of residents of the City of National City. A non- profit organization is one whose articles of incorporation as non- profit have been endorsed by the California Secretary of State, and who submits either a receipt for payment of . current California taxes or a current exemption for L City Connell City Council 6 . the payment of these taxes by the State Franchise Tax Board. • VTR. Other. Proposed use not falling readily into one of the above.use categories will require City Council approval. Council Approved Rate , : City Council . Private. National City residents who would like to llse Gazuger Hall for weddings, parties, and special events. Council Approved Rate City Council Note: National City Resident Groups shall have priority over non-resident groups. Groups with :70% or More group members who reside in National City will be considered Resident Groups. 7 CATEGORIES OF USE — FEES AND DEPOSITS Type Fees Council Action Kitchen Deposit . Key Deposit Cleaning Deposit Facility Use Fee L City Event No Fees None None None None None II. ' Employee Group Custodial fees None None None None None III. Educational Group . Council Approved Rate Required � • Required Non- waivable r- t�_ Re1UTlUitUltl Required Non- waivable r. � Refundable Required Non- waivable r- t•'Refundable RelUE1C1d�1C Required Non - waivable IV. Government 1 Agencies Council Approved Rate Required Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required. Non - waivable Refundable V. Civic/Service Group Council Approved Rate Required Required Non- waivable Refundable Required Non- waivable Refundable . Required Non- waivable Refundable Required Non - waivable Refundable VI.' Advocacy Group Council Approved Rate Required Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable .Required Non - waivable Refundable vII. Social Group . Council Approved Rate Required Required Non- . waivable Refundable Required Non- waivable Refundable Required Non- waivable . Refundable Required Non= waivable Refundable VDT Other Council " Approved • Rate Required • . Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable XL Private Council Approved Rate Required Required Non: waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required Non - waivable Refundable Exclusions City facilities are not available for -the following purposes: A) Private functions. (Except Granger Hall) B) Commercial purposes, for personal financial gain C) Fundraisers or `for -profit' events. 'For -profit examples include charging for attendance to an event, marketing "parties", and retail sales. D) Normally authorized groups sponsoring private usage (i.e., a service oroun sponsoring a members wedding). (Except Granger Hall) E) Dances (unless sponsored by any City Department). (Except Granger Hall) F) Although a special event use by a religious group may be appropriate repeated use (i.e., essentially using the City facility as a church/temple) would not be. 8 APPLICANT ELIGIBILITY When an application is submitted on behalf of a business entity or organization, it shall be signed by a person with authority to bind the company or organization. Applications for rental of City.facilities will not•be accepted.frorn anyone less than 21 years of•age. Youth groups must have adult sponsors who guarantee observation of the regulations. A minimum of one adult per 28 people under the age of 18 is required at the activity. Any misrepresentation as to the•natute -of the use or activity to occur at a City Facility, the number of attendees expected, contact or payment isrfox ation or any other falsification on rental application documents will result in the immediate cancellation of the proposed use or event and forfeiture of fees paid Airy such. misrepresentation may result in denial of future rental requests and /or legal action. City facilities 'rented for exclusive use may -not be used for advertising, solicitation of sales, posting of signs or distribution of pamphlets without written consent from the Director of Community Services. • No donations, under any guise or circumstance, or for any purpose, shall be solicited at any City Facility for causes not directly related to the activity in progress. FACILITY RESERVATIONS Category I events take precedence over all other users at any time Reservations will be • accepted on a first -come -first -served basis. The schedule will remain tentative until 30 days before. an event. At any time prior to 30 days before at -event, a group of higher category may displace a group of lower category (although consideration will be given to previously scheduled events). At 30 days before an.event, the schedule is locked in, and "bumping" (except for Category.1) will not be permitted. The City reserves th.c right to cancel, reassign; or otherwise adjust reservations to comply with the demands of its own programs, community programs, or emergency requirements. TERMINATION OF APPROVED USE The applicant is responsible to ensure that participants are respectful of the facilities and equipment. The use of City facilities is a privilege and all requirements of City staff wilf be met expeditiously. City staff has the authority to direct that the event be terminated and that the premises be vacated and to request the Police Department's of Fire Department's assistance as necessary to clear the premises. If this action is.necessary, the using organization will have to explain its actions to the City Council, and obtain .City Council authority to schedule any future events. 9 RATES Fees for use of City facilities arc sct forth in the Facility Use Application and must be paid in fiill atleast•ten (10) -days prior to the event. If payment is not received, the event will be considered cancelled, and the organization will be advised. The Community Services Director may, for sufficient reason, make exception to this clause; but in any event, payment must be received before the event occurs. Payment for the use of a City facility will be made payable to the 'City Of National. City'. SPECIAL RATES: Non -Profit Organizations- Upon the recommendation of the Community Services Director, local non-profit organizations or groups, which routinely and regularly provide financial or other support to the City of National City may be exempted from room rental fees, as approved by the City Council. National City Senior Citizens'.Organizations-.A National City senior citizens' organization whose headquarters is in National City, whose officers are primarily National City residents, and 75% of whose membership is over 62 years of age, will be entitled to a blanket 10% discount in the rental rate charged for a City facility. FEES AND DEPOSITS Deposits must be made with a separate check. Deposits will be refunded following the return of the issued key (on the next business day) where no damage or loss has occurred and where no extra clean-up is required. In the event of damage, loss or extra clean-up, as dcterrnined by the Public Works Department, the deposit, or.a portion of the deposit, will be forfeited and additional charges may be incurred. REFUNDABLE DEP OSITS: Kitchen Deposit in the amount of $60.00 is required, non-waivable and refundable upon city staff approval • (see Item #2 below) (MLK only) Cleaning Deposit in the amount of $ 100.00 is required;. non waivable and refundable upon city staff approval (See Item #3 below) . 10 Key. Deposit in the amount of $100 is required; non waivable and refundable upon city staff approval (See "Keys" below) NON-REFUNDABLE FEE: Facility Use Fee in the amount of $50.0Q is required, non-waivable and non-refundable (See Item #4 below) PAYMENT 1. General At no time may the applicant extend the hours of the function. Failure.to comply with this directive shall be grounds for denial of any future requests by the applicant. 2. Kitchen (MLK only) A non-waivable, non-refundable kitchen deposit is required in the amount of $ 60.00. Kitchen equipment including major appliances, cooking tools, eating utensils, and the overall kitchen area shall be left thoroughly clean and ready for use by the next group, without any further cleanup required. If the kitchen is not left. clean, it will be cleaned by city staff or by contract, and the offending organization will forfeit their deposit and be subject to an additional cleanup fee. Organizations must contact the Public Works Department at (619) 336-4580 to have the gas for the ovens turned on/off. Please give Public Works one -day advance notice. 3. Cleaning A Cleaning Deposit is required in the amount of $100.00. Premises should be left "broom -clean." Instances of lack of cleanliness or of physical damage will be corrected (or estimated) by the city, and the using group will be billed accordingly. Ifthe facility is not left clean, it will be cleaned by City staff or by contract, and the offending organization will forfeit their deposit and be subject to an additional clean up fee. 11 The grounds- and parking areas. will be left clear of debris. Any required cleanup will be billed to the using group. 4. Facility Use Fee To help keep the facilities clean and in top operational condition, a non- refundable, non-waivable FacilityUse.Fee is required in the amount of $50.00. In the event of physical damage to the facility, its equipment, its contents, or the surrounding grounds, an estimate of the cost of repairs/replacement will be made by the City, and the using group will be billed accordingly and possibly forfeit future use of City facilities. KEYS A Key Deposit is required in the amount of $100.00. Facility keys must be picked up from the Community Services. Department one business day before the permitted event between 7:30 a.m. and 5:30 p.m. keys should be returned in person to the Department as soon as possible. Prior to leaving the facility, please ensure all doors ofthe facility are locked.and secured. Also See "Key Deposit" Duplication of keys is not permitted! SET-UP DIAGRAM Organizations are required to submit- a room diagram at least 10 business days in advance of the event to allow proper setup by Public Works. Please call (61-9) 336-4290 if you require clarification. DECORATING Use of glue guns, nails, thumbtacks, :staples, masking or electrical tape inside the facility is not permitted. Only non -adhesive putty may be used on the walls. All decorations must be fire proof or of fire -retardant materials. Organizations must bring their own T T.I, approved extension cords. Decorating for an event is not permitted outside of the facility. 12 RESTROOMS Organizations must request that restrooms remain unlocked during the course of the event. INDEMNIFICATION The applicant must. complete the release, hold harmless .and indemnity agreement which releases the City and its Council, agents, servants, 'andlor employees, from any damages,, claims, causes of action, injuries, or suits caused by any negligent of intentional act or resulting in liability or damage to any person's or the real and personal property of others by reason of the rental of the -City's premises. INSURANCE All groups are required to have insurance to protect the City from liability occasioned by their use of the facility. Insurance shall be written with.only California admitted companies, which hold a current. policy holder's alphabetic and financial size category rating of not less than "A. vnr according to the current Best's Key Rating Guide, or a'conipany with equal financial stability that is approved by the City's Risk Manager. For Meetings, Dances or Dinners, Commercial General Liability insurance with minimum limits of $1,000,000 per occurrence is required. The City of National City must be named as an additional insured pursuant to a separate endorsement, which.must be provided with the certificate of insurance prior to the event. A "Hold Harmless" agreement must be executed by the organl7er or sponsor of the event. Other activities will be considered on an individual basis. If alcohol is sold, or served,.Host Liquor or Liquor Liability insurance with minimum limits of $1,000,000 per occurrence rnustbe provided, an additional insured on this coverage as well pursuant to a separate endorsement which must be provided with the insurance certificate prior to the event Insurance coverage may be obtained through the City under terms, conditions and rates applicable at the time. ALCOHOL REGULATIONS The specific approval of the City Council is required for the consumption of alcohol at a City fatility. If required by the Deb art merit of Alcoholic Beverage Control, a permit from the Department ofAlco.holic Beverage.Control must also be -obtained. Any. such: request must be presented in sufficient time to be processed by both agencies. If alcohol is sold orserved, Host Liquor or Liquor Liability insurance with minimum limits of $1,000;000 per occurrence must be provided, an additional insured on this 13 coverage as well pursuant to a separate endorsement which must be provided with the insurance certificate prior to the event. If alcohol is going to be served a security guard may be required to be present, at a rate of one (1) security guard for every 200 attendees after consultation with the Police Department. Users must designate a person to ensure that alcohol is being served to persons 21 years of age and older: The designated alcohol server must also be 21. years of age or older. Users must specify in detail the monitoring of alcohol consumption. Also Scc "Security" Clause SECURITY Applicants may be required to provide licensed, uniformed and contracted security guards for each event at the rate of one (1) security guard for each 200 attendees, as determined by the Community Services Director after consultation with the Police Department. Also See "Alcohol" Clause SMOKING Smoking is not permitted in any part of the facility. Per Government Code Sections 7596-7598, smoking is prohibited within 20 feet of the main entrances, exits and operable windows of any facility owned, leased and occupied by the State, County, or City. FINANCIAL STATEMENT All organizations must submit how they plan to use the funds raised from the event and how the funds raised will benefit the National City community. Any non-profit organization that uses a City facility more than six (6) times in a calendar year is required to submit a financial statement to the city and to provide a list of all board members and their 'mime addresses. (Minute action 5/25/92). An EVENT FINANCIAL REPORT must be filed with the City within fifteen (15) days subsequent to the event by any organization charging admission or by any group using the facility for fund-raising purposes. A sign -in log of attendees, with addresses, may be required. 14 LOAN OF FACILITY EQUIPMENT (Tables, Chairs, Electranic, Musical, or Kitchen Equipment) Normally, this type of equipment supporting a -City facility is not available for "borrowing" or for use outside the facility. Any borrowing or renting Of equipment will be .with the express approval of the City Council and charged at current rates. If such a loan is requested, an appropriate'rentalfee will be recommended by City staff. NON--DISCRI INATION The applicant hereby assures,.that all programs and activities implemented at City Facilities and open to the general public will beconducted in a non-discriminatory manner, without regard to an individual's, race, color, religion, sex, national origin, age, marital or veterans' status, sexual orientation or disability. We Ask For Your Help.! Although staff inspects our park sites and facilities on a regular basis, damage or vandalism may occur between visits. If you notice any broken equipment or furnishings, unsafe conditions, or vandalism, please report it to the Community Services Department at-(619) 336-4290'during regular business hours. 15 CITY COUNCIL POLICY TITLE: F 4crLrry USE GUIDELINES AND REGULATIONS FOR THE USE POLICY 805 OF Il VIBALL SENIOR CENTER, CASA DE SALUD, AND RECREATION CENTERS NUMBER ADOPTED; September 16, 2008 AMENDED OR. REVISED Purpose e . To establish a policy that defines appropriate facility usage and priorities and assigns responsibility for facility Policy Certain City facilities may be available for public meeting purposes, civic purposes, and non-profit orgarshations whose membership substantially .includes National..city residents or -whose purpose is to provide services..to Na- tional City residents. • - The City Council recognizes the benefit of granting permission to recognized groups/orgsni7ations for the use of City facilities, and•naay grant such approval.upon the submission aim. application. Use of any City facilities • shall not interfere with the daily routine of any City activity or operation. Facility use'will be governed by City. Council Policy and administered by the Community Services Department. The City Council further recognizes that a fee is appropriate in most circumstances, particularly to recover the City's cost to provide and/or maintain the various facilities. - Upon the approval of the Community Services Director, local non-profit organizations or 'gaups which routinely and regularly provide financial or other support to the City of National City may be exempted from room rental fees. Facilities Available for Reservation: Kimball Senior Center - Hall Kitchen Casa de Salud Center Hall Kitchen 2 Class Rooms (for separate rental) Cirri sll Recreation Center Hall Class room Camacho Recreation Center Class room Gymnasium El Toyon Recreation Center Hall City facilities shall not be used for private functions, commercial purpose for personal financial gain, fundraisers or "for profit" events, religious organ;7..ations conducting activities, any profit -making endeavors, -or any activity not consistent with the general business purpose of the building. Related Policy Reference: National City "Facility Use Guidelines and Regulations for Kimball Seirior, Casa de Salud; and Recreation Centers" CITY -OF NATIONAL CITY FACILITY USE GUIDELINES AND REGULATIONS FOR KIMBALL SENIOR,. CASA DE SALUD AND RECREATION CENTERS The Kimball Senior, Casa De Salud, and Recreation Centers are public facilities, owned by the citizenry of National City and administered for them by the City Council and the staff of the City of National . City, for public use. City facilities may not be used by any person or group for private functions, commercial purposes for personal financial gain, fundraisers or "for profit" events, religious organizations conducting activities, any profit -making endeavors, or any activity not consistent with the general business purpose of the building. These guidelines and regulations are established to properly define the conditions under which the facilities may be used and preserved for future usersandmay be changed or modified as necessary by the City Council. _ 1 FACILITY USE GUIDELINES AND REGULATIONS FOR'1�' ' : USE OF THE KIMBALL SENIOR, CASA DE SALUD, AND RECREATION CENTERS` City of National City The Facility Use Guidelines and Regtlations cover the:use of the Kimball Senior, Casa de $ alud, aid. Recreation Centers. If you are unable to locate the information you need in this document, please call us at (619) 336-4290. POLICY Certain City facilities may be available for public meeting purposes, civic purposes, and non-profit organizations whose membership substantially. includes National City residents or whose purpose is to provide services to National City residents. The City Council recognizes the benefit of granting permission to recognized groups/organizations for the use of City facilities; and may grant such approval upon the submission Qf an application. Use -of any City facilities shall not interfere with. the daily routine of any City activity or operation. Facility use will be governed by City Council Policy and administered by the Community Services Department. The City -Council further recognizes that a fee is appropriate in most circumstances, particularly to recover the City's cost to provide and/or maintain the various facilities.. Upon the approval of the Community Services Director, local non-profit organizations or groups which routinely and regularly provide financial or other support to the City of National City may be exempted.from room rental fees. These guidelines and regulations are established to properly define the conditions under Which the facilities may be used and preserved for future users and may be changed or modified -as necessary by the. City Council. Facilities Available for Reservation: 1. Kimball Senior Center - Hall - Kitchen 2. Casa de Salud Center - Hall - • Kitchen - 2 Class Rooms (for separate rental) 3. Kimball Recreation Center - • Hall -. Class room 4. Camacho Recreation Center - Class room 2 - Gymnasium 5. El Toyon Recreation Center - Hall The City of National City is committed to the policy that all persons shall have access to its facilities without regard to race, color, religion, sex, national origin, age, marital or veterans' status, sexual orientation or disability. 3 GUIDELINES AND REGULATIONS TABLE OF CONTENTS CATEGORIES OF USE By Priority 6 Fees and Deposits 7 Exclusions - i Applicant Eligibility 8- FACILITY RESERVATIONS 8 Termination of Approved Use 8 RATES 9 SPECIAL RATES 9 Non -Profit Organizations National City Senior Citizens' Organizations FEES AND DEPOSITS .9 Kitchen Deposit Cleaning Deposit Key Deposit FEES 9 Facility Use Fee PAYMENT 10 Kitchen Cleaning Facility Use KEYS . 11 SET-UP DIAGRAM ..11 DECORATING .11 RESTROOMS.:.... ..11. INDEMNIFICATION 11 4 INSURANCE • 12 ALCOHOL REGULATIONS •.12 SECURITY 12 SMOKING 12 FINANCIAL STATEMENT 12 LOAN OF FACILITY EQUIPMENT .13 Non -Discrimination ..13 5 CATEGORIES OF USE — BY PRIORITY Category • Use. Fees (Non- Resident) Fees (Residents) I. City Events organi?Ad or sponsored by the City. NA No Fees II.. City employee groups for official meeting.. For other than omoial meetings, functions will be classified by._ use. NA No Fees M. Educatil Groups. Educational activities organized by any school located in National City. Council Approved Rate Custodial Fees 1V. Governmental Agencies Council . Approved Rate Custodial Fees V. Civic Groups/Service Groups , Council Approved Rate ' ' , Custodial Fees ' VT. Advocacy. An individual, group, sponsors of a ballot proposition, -etc. for advocacy purposes, candidates forum or a ballot proposition(s) forum. Council Approved Rate Custodial Fees VII. ' Social Groups. National CityNon-profit organizations, which are democratic im nateue. and organized for social purposes, with membership or participation, open to the general public. Note: A National City organization is defined as one halting National City residents predominate as , officers of the "organization, and with at least /O% Council ' Approved Rate . Custodial Fees of its active membership comprised of residents of the City of National City.. A non profit orgariTation is one whose articles of incorporation as non-profit have been endorsed by the California Secretary of State, and who submits either a receipt for payment of current California taxes or a current exemption for the payment of these taxes by the State Franchise Tax Board. VIII. " Other. Proposed use not falling readily into one of Council ' Approved Rate " Custodial Fees the above use categories will require City.Council approval. .Note:. National City Resident Groups shall have priority ,ver non=resident groups. Groups with 70% or more group members who reside in National City will be considered Resident Groups. 6 CATEGORIES • OF USE --FEES AND DEPOSITS Type Fees (Resident) Fees - (Non- Resident) Kitchen Deposit • Key . Deposit Cleaning Deposit Facility. Use Fee 1. City Event No Fees NA Norte None None None II. City Erapio-yee Group Custodial fees NA None None None None . III • Educational Group Custodial fees • Council - Approved • Rate Required Non- waivable Refundable Required' • Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable IV. Government Agencies Custodial fees Council • Approved Rate Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable • Required Non - waivable Refundable V. Civic/Service Group • Custodial fees • Council Approved Rate Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required Non - waivable Refundable VL Advocacy •Group Custodial fees Council Approved • Rate Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable ' Refundable Required Non - waivable Refundable VII. Social Group Custodial fees Council Approved Rate Required , Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required Non - waivable Refundable VIII. Other ' Custodial fees Council - Approved Rate Required Non- waivable Refundable . Required Non- waivable Refundable Required Non- waivable Refundable Required Non - waivable Refundable Exclusions City facilities are not available for the following purposes: A) Frivate.cu ?eiions.. B) Commercial purposes; for personal financial gain C) Fundraisers'or `for -profit' events. `For -profit examples include charging for attendance to an event, marketing "parties", and retail sales. D) Normally authorized groups sponsoring private usage (i.e., a service group sponsoring a mcmbcts wedding). E) Although a special event use bya religious group maybe appropriate repeated use (i.e,,essentially usingthe City facility as a chill-oil/temple) wr u1d lot be. 7 APPLICANT ELIGIBILITY When an application is :submitted on behalf of a business entity or organization, it shall. be signed by a person with authority to bind the company or organization; Applications for rental of City facilitics will not be accepted..from anyone less than 21 years of age. Youth grcups must have adult sponsors•who guarantee observation of the regulations. A minimum of one adult per 28 people under the age of la is required at the activity. Any misrepresentation as -to the nature of the use or activity•to occur at a City Facility, the number of attendees expected, contact or payment information or any other falsification on rental application documents will result in the immediate cancellation of the proposed use or event and forfeiture•of fees paid. Any such misrepresentation may result in denial of future rental requests and /or legal action. City facilities rented for exclusive use may not be used for advertising, solicitation of sales, postingof signs or distribution of pamphlets without written consent from the Director of Community Services. • No donations, under any guise or circumstance, or for any purpose; shall be solicited at any City Facility for causes not directly related to the activity in progress. FACILITY RESERVATIONS Category I events take precedence over all other users at any time. Reservations Will be accepted on a first -come -first -served basis. The schedule will remain tentative until 30 days before an event. At anytimeprior to 30 days before an •event, a group of higher category may displace a•group of lower category -(although consideration will be given to previously •scheduled -events). At 30 days before an event, the schedule is locked in, and "bumping" (except for Category I) will not•be permitted. • The City reserves the' right to cancel, reassign, or otherwise adjust reservations to comply with rlic asp arktnb of Is own r ° .igratns, community programs, or emergency requirements, I RMINATION OF APPROVED USE The applicant -is responsible to ensure that participants are respectful of the facilities and equipment. The use of Cityfacilities is a privilege and all requirements of City staff will be met expeditiously. City staff has the authority to direct that the event -be terminated and that the premises be vacated .and to request the Police Department's of Fire Department's assistance as necessary' to clear the premises. If this action is necessary, the using organization will have to explain its actions :to the City Council, and obtain City council authority to schedule any future events. 8 RATES. Fees, for use of City facilities are set forth in the Facility Use Application and must be paid in full at least ten (10) days prior to the event. If payment is not received, the. event will be considered cancelled, and the organization will be advised. The Community Services Director may, for sufficient reason, make exception to this clause, but in any event, payment must be received before the event occurs. Payment for the use of a City facility will be made payable to the `City Of National City', SPECIAL RATES: Non -Profit Organizations- Upon the approval of the Community Services Director, resident non-profit organizations. or groups, which routinely and regularly provide financial or other support to -the City of National City may be exempted from room rental fees, as approved by the City Council. National City Senior Citizens' Organizations-, A National City senior citizens' organization whose headquarters is in National City, whose officers are primarily National City residents, and 70% of whose membership is over 62 years. of age, may be exempted from room rental fees, as approved bythe City Council. FEES AND DEPOSITS Deposits must be made with a separate check. Deposits will be refunded following the return of the issued key (on the next business day) where no damage or loss has occurred and where no extra clean -up -is required. In the eventof damage, loss or extra clean-up, as determined by the Public Works Department, the deposit, or a portion of the deposit, will be forfeited and additional charges maybe incurred. REFUNDABLE DEPOSITS: Kitchen Deposit in the amount of $60.00 is required, non-waivable and refundable upon city staff approval (see Item #2 below) Cleaning Deposit in the. amount of $100.00 is required; non waivable and refundable upon city staff approval (See Item #3 below) Key epos t in the amount of $100 is,required; non siivablc and �v vvi� refundable upon city staff approval (See "Keys" below) NON-REFUNDABLE FEE: Facility Use Fee in the amount of $50.00 is required for non-resident users. 9 PAYMENT 1. General At no time may the applicant extend the hours of the function. Failure to comply with this directive shall be grounds for denial of any future requests by the applicant. 2. Kitchen A non-waivable, non-refundable kitchen deposit is required in the amount of $60X00. Kitchen equipment including major appliances, cooking tools, eating utensils; and. the overall kitchen area shall be left thoroughly clean and ready for use by the next group, without any further cleanup required. If the kitchen is not left clean,, it will be cleaned by city staffs or by contract, and the offending organization will forfeit their deposit and be subject to an additional cleanup fee. Organisations must contact the Public Works Department at (619) 336-4580 to have the gas for the ovens turned on/off. Please give Public -Works one -day advance notice. 3, Cleaning A Cleaning Deposit is required in the amount of $100.00. Premises should be left "broom -clean." Instances of lack of cleanliness or of physical damage will be corrected (or estimated) by the city, and the using ..group will be billed.accordingly. If the facility is not left clean, it will be cleaned by City staff or by contract, and the offending organization.will forfeit their deposit and be subject to an. additional clean up fee The grounds and parking areas will be left clear of debris. Any required cleanup will -be billed to the using group. 4. Facility Use Fee ; (Non-residents) To help keep the facilities clear; and in top operational condition, a non- refundable, non-waivabie.Facility Use Fee is required in the amount of $50.00. In the event of physical damage to the facility, its equipment, its contents, or the surrounding grounds, an estimate of the cost of repairs/replacement will be 10 made by the City, and the using group will be billed accordingly and possibly forfeit future use of City facilities. KEYS A Key Deposit is required in the amount of $100:00. Facility keys must be picked up from the Community Services Department one business day before the permitted event between 7:30 a.m. and 5:30 p.m. keys should be returned in person tuu the Department as soon as possible. Prior to leaving the facility, please ensure all doors of the facility are locked and secured. a Also See "Key Deposit" Duplication of keys is not permitted! SET-UP DIAGRAM Organizations are required to submit a room diagram at least 10 business days in advance of the event. Groups are responsible for their awn set up and will be required to return the facility back to it's original state at the_ end of use. DECORATING Use of glue guns, nails, thumbtacks, staples, masking or electrical tape inside the facility is not permitted. Only.non-adhesive putty may be used on the walls. All decorations must be fire proof or of fire -retardant materials. Organizations must bring their own U.L approved extension cords. Decorating for an event is not permitted outside of the facility. RESTROOMS Organizations must request that restrooms remain unlocked during the course of the event. INDEMNIFICATION The applicant mustcomplete the release, hold harmless and indemnity agreement which reledszs t u Ciiy auli iLa CoLth ii, agents, servant; andlor employees, from any damages, claims, causes .of action, injuries, or suits caused by any negligent or intentional act or resulting in liability or damage to any person's or the real and personal property of others by reason of the rental of the City's premises. 11 INSURANCE All groups .are required to have insurance to protect the City from liability occasioned by. their use of the facility. • insurance shall be written with only California admitted companies, which hold a current policy holder's alphabetic and financial size category rating of not less than "A v.IIP' according to the current Best's Key Rating Guide, or a company with equal •financial stability that is -approved by the City's Risk Manager. For Meetings, Dances or Dinners, Commercial General Liability insurance with -minimum limits of $1,000,000'per occurrence is required. The City of National City must be named as an additional insured pursuant to a separate endorsement, which must be -provided with the certificate of insurance prior to the, event: A "Hold Harmless" agreement must be. executed by the organizer or sponsor of the event. Other activities will be considered on an individual basis. If alcohol is sold or served, Host Liquor or Liquor Liability insurance with anininn m limits. of $1,000,000 per occurrence must be provided, an additional insured on this -coverage as well pursuant to a separate endorsement which must be provided with the insurance certificate.prior to the event. Insurance coverage may be obtained through the City under terms, conditions and rates applicable at the time. ALCOHOL REGULATIONS' The use of alcohol'is not permitted in our facilities. SECURITY Applicants may be required to provide licensed, uniformed and contracted security guards for each event'at the rate of one (1) security guard for each 200 attendees, as determined by the Community Services Director after- consultation with the Police • Department. SMOKING Smoking is not permitted in any part of the facility. Per Government Code Sections 7596-7598, smoking is`prohibited within 20 feet of the main entrances, exits and operable windows of any facility owned, leased and occupied by the State; County, or, City. FINANCIAL STATEMENT All organizations must submit how they plan to use the funds raised from the event and how the funds raised will benefit the National City community. 12 Any non-profit organization that uses a City facility more than six (6) times in a calendar year is required to submit a flnan:cial statement to.the city and to provide a list of all board members and their home addresses. (Minute action 5/25/92). An EVENT FINANCIAL REPORT must be filed with the City within fifteen (15) days subsequentto the event by any 'organization charging admission or by any group using the facility for fond -raising purposes. A sign -in log of attendees, with addresses, may be required. LOAN OF.FACILITY EOUIPNENT (Tables, Chairs,, Electronic, Musical, or Kitchen Equipment) Normally, this type of .equipment supporting a City facility is not available.for "borrowing" or for use outside the facility. Any borrowing or renting of equipment will be with the express approval of the City Council and charged at current rates. If such a loan is requested, an appropriate rental fee will be recommended by City staff. NON-DISCRIMINATION The applicant hereby assures that all programs and activities implemented at City Facilities and open to the general public will be conducted in a non-discriminatory manner, without regard to an individual's, race, color, religion, sex, national origin, age, marital or veterans' status, sexual orientation or disability. We Ask For Your Help! Although staff inspects our park sites and.facilities on a'regular basis, damage or vandalism may occur between visits. If you notice any broken equipment or furnishings, unsafe conditions, or vandalism, please report it to the Community Services Department at (619) 336-4290 during regular business hours. 13 CC/CDC-HA Agenda 3/1/2016 — Page 519 The following page(s) contain the backup material for Agenda Item: Staff presentation on the preservation of affordability and current capital improvement needs at Morgan and Kimball Senior Towers followed by discussion and direction by the Board of Commissioners of the Community Development Commission -Housing Authority CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY COUNCIL AGENDA STATEMENT MEETING DATE: 'March 1, 2016 AGENDA ITEM NO ITEM TITLE: Staff presentation on the preservation of affordability and current capital improvement needs at Morgan and Kimball Senior Towers followed by discussion and direction by the Board of Commissioners of the Community Development Commission -Housing Authority on the issuance of a Request for Qualifications for the selection of a development team to enter into an Exclusive Negotiating Agreement for the rehabilitation and recapitalization of the Senior Towers. PREPARED BY: ";Carlos Aguirre, Community Dev. Mgr. PHONE: 1619-336-4391! EXPLANATION: See attached Background Report. DEPARTMENT: Housing, Grants, & Asset Management FINANCIAL STATEMENT: 1N/A ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Direction from the Board of Commissioners on the issuance of a Request for Qualifications for the selection of a development team to enter into an Exclusive Negotiating Agreement for the rehabilitation and recapitalization of Morgan and Kimball Senior Towers. Finance MIS BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: !Attachment No. 1: Background Report Attachment No. 2: Draft Request for Qualifications Attachment No. 1 Background Report Morgan and Kimball Senior Towers ("Towers") are located in central National City, within the Kimball Community. The two nine -story Towers are located on D Avenue between Kimball Way and 15th Street. Morgan Senior Tower is a 151 unit affordable senior residential property built in 1978. Kimball Senior Tower is a 152 unit affordable senior residential property completed in 1986. The Towers are across the street from Kimball Park, and near Wal-Mart and other commercial businesses, the Boys and Girls Club, Fire Station 34, a health center, and other civic facilities. The senior housing site is zoned for high density residential development. 2010 Enhancement and Expansion RFQ The Community Development Commission of the City of National City (CDC) issued an RFQ for the rehabilitation of Morgan and Kimball Towers in March 2010. The 2010 RFQ included the expansion of the affordable housing on the Towers site as conceptually illustrated below. In September 2010, the CDC entered into an Exclusive Negotiating Agreement (ENA) to rehabilitate Morgan and Kimball Senior Towers. However, the dissolution of the CDC as the National City Redevelopment Agency in 2011 precluded the CDC from providing financial commitments to the Towers and negotiations ceased. Staff recommends not including the expansion of affordable housing in the RFQ at this time and performing further diligence on the requirements of financing for the rehabilitation of the existing Towers. Once further diligence is completed, the Community Development Commission -Housing Authority ("CDC -HA") can consider splitting the Attachment No. 1 property to create a new parcel for the development of additional housing units on the project site. RFQ for the Rehabilitation and Recapitalization Given the age of the improvements, the housing units require renovation and major building systems also need replacement. To maintain affordability and extend the useful life of the housing facilities, staff recommends issuing a Request for Qualifications (see attached draft) and selecting a qualified developer to rehabilitate and recapitalize the Towers with available financing resources such as low income housing tax credits and bonds. This can be accomplished by having the CDC -HA retain ownership of the land and providing for a long-term ground -lease. The developer could purchase the improvements and provide the CDC -HA residual receipts payments toward the improvements purchased and the ground -lease. STAFF REPORT ATTACHMENT NO. 2 DRAFT RFQ- MARCH 1, 2016 REQUEST FOR QUALIFICATIONS (RFQ) Morgan and Kimball Towers Rehabilitation and Recapitalization 1415 & 1317 D Avenue National City, California RGAN TOWERS �sUL. "lid: "iC'ii� ii� l:gollimm ,'�iobi, March 14, 2016 RFQ Deadline: Thursday, April 28, 2016, 2:00 p.m. PST Community Development Commission - Housing Authority of the City of National City 140 E. 12t6 St., Suite B National City, CA 91950 STAFF REPORT ATTACHMENT NO. 2 DRAFT RFQ- MARCH 1, 2016 Request for Qualifications RFQ AT A GLANCE ISSUE DATE: March 1, 2016 PROJECT TITLE: Morgan and Kimball Towers Rehabilitation and Recapitalization Project DESCRIPTION OF PROJECT The Community Development Commission - Housing Authority of the City of National City (CDC - HA) intends to moderately rehabilitate and recapitalize the existing Kimball and Morgan Towers. Kimball and Morgan Towers (Towers) are located in National City at 1317 D Avenue and 1415 D Avenue, respectively. They are owned by the CDC -HA and help serve National City's affordable senior housing needs. The CDC -HA is seeking qualifications from experienced non-profit or for profit developers to enter into an Exclusive Negotiation Agreement to complete due diligence and design and is expected to lead to a Disposition and Development Agreement to rehabilitate and recapitalize existing structures. DEPARTMENT Housing, Grants, and Asset Management REQUESTING SUBMITTAL Three (3) original copies of submittal due 2:00 p.m. DEADLINE Thursday, April 28, 2016 in hard copy (no facsimile or e-mailed submittals) DELIVER SUBMITTAL City of National City TO Office of the City Clerk 1243 National City Blvd National City, CA 91950 PRIMARY CONTACT Carlos Aguirre Community Development Manager City of National City 140 E. 12th St., Suite B National City, CA 91950 Direct Line: (619) 336-4391 Fax: (619) 336-4292 caguirre@nationalcityca.gov LOr I STAFF REPORT ATTACHMENT NO. 2 DRAFT RFQ- MARCH 1, 2016 Request for Qualifications BACKGROUND The General Plan's Housing Element: National City's Housing Element (a required section in the General Plan) lays out an objective of continuing to provide housing opportunities and development of programs to improve the existing housing stock. The rehabilitation and recapitalization of Kimball and Morgan Towers ("Towers") is in line with each of these objectives. Community Need and Relevance to General Plan: The existing structures are dated and are in need of moderate rehabilitation (Kimball built in 1986 and Morgan in 1978). Additionally, the availability of senior housing in National City is far below demand. The Towers have a 1.5 to 3 year waiting period and other affordable senior housing facilities within the city are experiencing comparable waiting periods. These trends will be amplified in the coming years as the baby boom generation continues to move into senior status (62+) and by the fact that people are living longer. To meet future community needs, the CDC -HA must transform the Property into a financial sustainable real estate asset; preserve affordability; improve resident experience; and insure the City's housing infrastructure by restructuring current debt to leverage additional private and public funding sources. The Project Site: The Towers are located in central National City, within the Kimball Community. It is across the street from Kimball Park, and near Wal-Mart and other commercial businesses, the Boys and Girls Club, a Fire Station, a health center, and civic facilities. The project site (Attachment 1) is approximately 7.10 acres located on D Avenue between Kimball Way and 15th Street (APN: 561-410-06-00; 561- 410-05-00; 561-410-04-00) in National City. The site is in an RM3 zoned area. It is a residential multifamily zone specifically designated for senior citizen housing and allows higher density development than the standard residential multifamily units (22.9 units/acre). Currently, the site is comprised of two 9-story senior housing complexes (Kimball and Morgan Towers) and Nutrition Center. There are a total of 303 units between the 2 towers: 152 units at Kimball Tower (approximately 143 Housing Voucher (tenant based) units, 6 market -rate units, and 3 units for property management staff), and another 151 at Morgan Tower (approximately 148 project -based units funded directly by the U.S. Department of Housing and Urban Development (HUD), 2 market -rate units, and 1 unit for the assistant manager). 3 of 7 DRAFT RFQ- MARCH 1, 2016 STAFF REPORT ATTACHMENT NO. 2 Request for Qualifications Purpose: The purpose of the Project is to renovate the buildings and common area of the property. The renovation activity will result in a newly refreshed property including updated building systems, energy efficiency, technology improvements, improved resident services, and other interior and exterior improvements. The CDC -HA desires to retain ownership of the land and negotiate a long-term ground lease. It is recommended that the selected developer purchase and operate the existing senior housing units and other improvements from the CDC -HA and provide a long-term financial package to recapitalize the improvements to finance the rehabilitation, preserve current levels of affordability at or below 50% of Area Median Income and repay any financial assistance provided by the CDC -HA. Project Objectives: The CDC -HA will take into strong consideration the applicant's ability to leverage outside resources to enhance the affordable housing project targeted for seniors. Submittals should prominently highlight the development teams past experience in seeking and being awarded grants and financing for similar projects. The project proposed shall (at a minimum) meet the following objectives: 1. Extend affordability covenants as feasible and the useful life of the improvement for at least 20 years without compromising affordability using any available financial resources. 2. Consider a financial structure that will maintain CDC -Housing Authority's ownership of the parcels through a long-term ground lease. 3. Assure full property renovation and rehabilitation including energy efficiency improvements, technology upgrades, upgraded building systems, and property/residential unit improvements. 4. Provide a method to relieve the City of National City's general fund subsidy to the George Waters Nutrition Center (Nutrition Center). 5. Allow the Nutrition Center to be managed and operated by the City of National City in the proposed financial model. SUBMITTAL REQUIREMENTS Development Team a. Design Team: Identify the Developer, Design Team and sub - consultants who will be responsible for implementing the proposed project (name of individuals in charge, firm addresses, telephone numbers, website and e-mail addresses); b. Experience: Schedule of relevant projects completed by the developer and design team, including photographs, type of project, project address, unit count by type and size of unit, completed value, lenders 4 of 7 DRAFT RFQ- MARCH 1, 2016 STAFF REPORT ATTACHMENT NO. 2 Request for Qualifications involved (with contact references) and construction/completion dates. Experience with projects in an urbanized redevelopment area should be identified; c. Financial Partners: Identify all proposed financial partners for the project including banks, equity partners etc (name of firm and individuals in charge, addresses, telephone numbers, website and e- mail addresses); d. References: Each team member must include three professional references (lenders, investors, major accounts, etc.) with full names, relationship to team member, address and contact information. Grant Funding Experience Identify and provide examples of past successful experience applying for and winning grant funding for similar projects in California. RFQ Developer Statement of Qualifications Worksheet: Please complete and provide the Developer Statement of Qualifications Worksheet attached to this RFQ (Attachment 2). Disclosure of relevant lawsuits: Identify any and all lawsuits involving any or all of the proposed team members related to similar projects within the past three years including any lawsuits between team members and municipalities or redevelopment agencies. SELECTION PROCESS AND RFQ SCHEDULE This Request for Qualifications solicits responses for professional affordable housing development teams. As such, the selection of the preferred developer will not be based on the lowest bid and will, instead, consider all relevant and material factors. A Selection Committee will review and score (See Attachment 3 for Scoring Criteria) each proposal individually and will then meet as a group to discuss each proposal in an effort to select those firms and/or project teams who will be invited to an interview before the group. Notification of the invitation to interview will be by telephone at least two weeks prior to the interview date. It is anticipated that interviews, if necessary, will be held in June 2, 2016. The CDC -HA will then attempt to enter into an Exclusive Negotiating Agreement ("ENA") with the selected respondent to the RFQ. If an agreement cannot be 5 of 7 DRAFT RFQ-MARCH 1, 2016 STAFF REPORT ATTACHMENT NO. 2 Request for Qualifications reached, the City will approach and negotiate with the second highest ranked development team. RFQ Issued: Qualifications due: Interviews, if necessary: Development Team selected: March 14, 2016 April 28, 2016, 2:00 p.m. June 13-16, 2016* June 23, 2016 *This schedule may be amended, except for the Qualification due date, at the sole discretion of the CDC -HA. TERMS AND CONDITIONS Issuance of this RFQ does not commit CDC -HA to award an Exclusive Negotiation Agreement and/or any other contractual obligation, to pay any costs incurred in the preparation of a response to this request, or to procure a contract for services. All respondents should note that the execution of any agreement or contract pursuant to this RFQ is dependent upon the approval of the Board of Commissioners of the CDC -HA. The CDC -HA retains the right to reject any and all submittals. INSURANCE See Attachment No. 5 for Insurance Requirements BUSINESS LICENS linillik The Developer selected to perform the work described in this RFQ as well as all team members, sub -consultants and service providers will be required to obtain a National City Business License. Business Licenses can be obtained at the City of National Finance Department. SUBMITTAL DUE DATE Three (3) original copies of the submittal must be delivered to City Clerk's office no later than 2:00 p.m. on April 28, 2016. Submittals received by FAX or e-mail will be deemed not received. Incomplete submittals, incorrect or false information, or late submittals are cause for immediate disqualification. 6 of 7 DRAFT RFQ- MARCH 1, 2016 STAFF REPORT ATTACHMENT NO. 2 Request for Qualifications CONTACT PERSONS Carlos Aguirre Community Development Manager City of National City 1243 National City Blvd National City, CA 91950 619/336-4391 caguirre@nationalcityca.gov Attachments posted with this RFQ 1. Parcel Map 2. Developer Qualifications Worksheet 3. Selection Criteria and Scoring 4. National City Map 5. Insurance Requirements 7 of 7 A VLF I O 2,24AC AgRII •RES FOR FLIT 5T .s NOT A BLDG SITE 5/7!'4 CONDM. PARK VILLAGE D009-461740 (SEE SWF 2) Xfd'NYIY INNI/ P 8 4a / 19.564T•w Ru1S ALLEY 04.1. I 'm op M KBAL.L WILLOWS z wE z DDC,- 51837� . EE SH7.2 i. 72 a.�N ,99.95 xi1V. W "ir 9 260.CW 6 1.73AC ...... ■r tsp.!) St; ""imr'•o s/rve5af s c R 4, S� fiv 2 3,21AC 1 P9O.l9 MG N�M ior;' ST u r - h 1 ILALttY •5,T -1-.T. , �L� J o 1 lI 14 13 _ - A 4 1 IIi20II918II7 12hi I I Oil r 116 I 3 4 ��- - - 7 _51 6 -asp. I - 16 718 CAD J _ 45 101 91 ' -12s1 �� �. ST— m nos M sew E SO po 1- 44 % AV s= 52 1 yyM1 O 2.16AC l51CGL AVE AS.v 5l 17 MAP 9199 - PARK VILLAGE (GONDM) MAP 9042-KIMBALL WILLOWS MAP 8807-CENTER CITY PROJECT MAP I105-LOZIERS SUB ROS 10144 560-41 g SI-IT I OF2 a CHAN S ELK OLD NEW YR CUT /-9 7 296 Pie / ..20 6 0/5Z 20 t 7 21 70 229 4/e / V..& 73 410 1 22 SO 55 +4l0 21 cold 80 4S7 22 <Doom 545 4/0 5 8/ A eiOvur 7� ow 7 5W5 r T INIS.REDVIIV 0 D .7J 9 21 0 2 0 o_ 0) STAFF REPORT ATTACHMENT NO. 2 DRAFT RFQ- MARCH 1, 2016 STAFF REPORT ATTACHMENT NO. 2 Attachment 2 DEVELOPER STATEMENT OF QUALIFICATIONS/ FINANCIAL SUMMARY STAFF REPORT ATTACHMENT NO. 2 DRAFT RFQ- MARCH 1, 2016 DEVELOPER STATEMENT OF QUALIFICATIONS & FINANCIAL SUMMARY I. DEVELOPER INFORMATION Name: Address: Telephone/Fax: Email: Contact Name: Is the Developer a subsidiary of/or affiliated with, any other Corporation(s), Joint Venture(s) or Firm(s)? lE No ❑ Yes If yes, list each such Corporation, Joint Venture, or Firm by name & address, specify its relationship to the Developer, the % of interest of the partners & identify the Officers & Directors or trustees common to the Developer & such other Corporation or Firm: Name of Corporation/Joint Venture/Firm: Address: Relationship to Developer Officers/Directors/Trustees: % of Interest of the partners: Individual(s) authorized to negotiate, on behalf of the development entity/team & responsible for project execution: Name(s): Position: Telephone/Fax: Email: II. FINANCIAL CAPACITY A. Sources & amount of cash available to Developer to meet equity requirements of the proposed undertaking in Bank(s): 1) Bank Name: Address: City, State Zip: Amount: $ 2) Bank Name: Address: City, State Zip: Amount: $ Developer Statement of Qualifications/Financial Summary 1 of 4 STAFF REPORT ATTACHMENT NO. 2 DRAFT RFQ- MARCH 1, 2016 B. By loans from affiliated or associated corporations or firms: Name: Address: - City, State Zip Source Amount: $ C. The Following are Three Bank References: 1.) Bank Name: 2.) Bank Name: 3.) Bank Name: Address: Contact Person: Telephone: Address: Contact Person: Telephone: Address: Contact Person: Telephone: D. The following are Three business references: 1.) Company: Address: Relationship: Contact Person: Telephone: 2.) Company: Address: Relationship: Contact Person: Telephone: 3.) Company: Address: Relationship: Contact Person: Telephone: Developer Statement of Qualifications/Financial Summary 2of4 STAFF REPORT ATTACHMENT NO. 2 DRAFT RFQ- MARCH 1, 2016 E. Has the Developer or (if any) the parent corporation or any subsidiary or affiliated corporation of the developers officers or principal members, shareholders or investors been adjudged bankrupt, either voluntary or involuntary, within the past ten years? ❑ No 0 Yes if yes, please provide the following information: Date: Location: Bankruptcy was filed under the following name(s): F. Has the Developer or (if any) the parent corporation or any subsidiary or affiliated corporation of the Developer's officers or principal members, shareholders or investors been involved in litigation relating to a development project either voluntary or involuntary, within the past three years? 0 No ❑Yes if yes, please provide the following in formation: Date: Place: General Description: Current Status: G. Total amount of development work completed by developer during the last three years: H. Projects currently in planning or development by the Developer or Principals of the development entity: Does any member of the Developers' Corporation/Partnership have any known relationship in connection with purchasing & implementing the Project with any member of the governing body of the Agency to which the accompanying proposal is being made, or to any officer or employee of the local public agency who exercises any functions or responsibilities in connection with the carrying out of the Project under which the local public agency covered by the Developers proposal is being made available? 0 No 0 Yes if yes, explain: J. Statements & other evidence of the Developers Qualifications & Financial Responsibility are attached thereto & hereby made a part hereof as follows: Developer Statement of Qualifications/Financial Summary 3of4 DRAFT RFQ- MARCH 1, 2016 STAFF REPORT ATTACHMENT NO. 2 CERTIFICATION I/We certify that this Developer Statement of Qualifications and Financial Responsibility & the attached evidence of the Developers qualifications and financial responsibility are true and correct to the best of my/our knowledge and belief, and that the information contained in this statement is considered public record and will be made available for public inspection and copying upon request. Availability of these public records begins when the Developer selection process includes public meetings. Name Name Title Title Signature Signature Date Date Street Address Street Address City, State & Zip City, State & Zip if the Developer is a Corporation, this statement should be signed by the President & Secretary of the Corporation; if an individual or proprietorship, by such individual; if a partnership, by one of the general partners; if an entity not having a President & Secretary, by one of its Chief Officers having knowledge of the financial status & qualifications of the Developer. Developer Statement of Qualifications/Financial Summary 4 of 4 Attachment 3 3TArr.RCP RT.ATTACHMENT NO. DRAFT iFQ-MARE DRAFT RFQ- MARCH 1, 2016 STAFF REPORT ATTACHMENT NO. 2 Attachment No. 4 REQUEST FOR QUALIFICATIONS - MORGAN TOWER REHABILITATION AND RECAPITALIZATION Date Evaluator: Criteria In RFQ Team being evaluated Staff Detailed descriptons Circle One (0= Lowest, 10= Highest) Max Wt Score Score 1 Experience and Qualifications Schedule of relevant projects completed by the developer and design team, including photographs, type of project, project address, unit count by type and size of unit, completed value, lenders involved (with contact references) and construction/completion dates. Experience with projects in an urbanized redevelopment area should be identified; Experience in development, finance and property management of rental housing, incluidng public, assisted, tax credit, market & mixed income. Experience with development in local area. Experience with community - based development, including collaboration with community organizations. Evidence of quality performance on -time and on -budget. Staff Notes: 1) HUD Experience should be required 2) Experience with public /private partnerships. 3) Senior housing development experience 1 2 3 4 5 6 7 8 9 10 2.5 25 2 Leveraeine Of special relevance to this RFQ is the City Council's desire to leverage outside resources to expand and enhance an affordable housing project targeted for seniors. Submittals should prominently review the development team's past experience in seeking and being awarded grants related to similar projects. Approach to structuring the Public/Priate Finance Plan 1 2 3 4 5 6 7 8 9 10 2 20 3 Financial Canacitv Identify all proposed financial partners for the project including banks, equity partners etc (name of firm and individuals in charge, addresses, telephone numbers, website and e-mail addresses) Overall financial strength and credit of developer. 1 2 3 4 5 6 7 8 9 10 2 20 4 Operatine Experience Identify experience operating similar types of housing developments. Experience with the operational requirements of developments similar in size and target population. 1 2 3 4 5 6 7 8 9 10 2 20 5 Resident Services and Involvement Identify and provide examples of services provided to residents on housing they may have already developed. Description of resident services provided by managing partner that best fit the needs of the target population. 1 2 3 4 5 6 7 8 9 10 1.5 15 100 DRAFT RFQ- MARCH 1, 2016 STAFF REPORT ATTACHMENT NO. 2 Attachment No. 5 CALIFORNIA NATIONAL CIS'' pCORPOAAT 69 City of National City INSURANCE REQUIREMENTS Please forward to your Insurance Agent immediately PRIOR to performing services for the City of National City, the City must have current Certificates of Insurance on file for all companies, contractors, and consultants. Required Insurance Certificates per Sections 16 and 17 of the City's Agreement: Professional Liability Insurance (errors and omissions) with minimum limits of $1 M per occurrence (if applicable) Commercial General Liability coverage with limits of at least $2M per occurrence/$4M aggregate. • Must include separate endorsement adding as additional insureds: "The City of National City, its elected officials, officers, agents, and employees". The actual endorsements or policy language regarding automatic additional insureds must be provided. • General aggregate limits must apply solely to this "project" or "location". Commercial Auto Liability coverage with limits of at least $1 M, Combined Single Limit Must include "any" auto. Must include separate endorsement adding as additional insureds: "The City of National City, its elected officials, officers, agents and employees". The actual endorsements or policy language regarding automatic additional insureds must be provided. Workers' Compensation coverage to meet CA statutory limits, plus employers' liability coverage of $1 M per accident • Workers' Compensation Waiver of Subrogation in favor of the City is required. • If there are no employees subject to Workers Compensation law, submit a signed Declaration (provided on next page). Deductibles or SIRs (Self -Insured Retention) in excess of $10,000 must be disclosed. CERTIFICATE HOLDER: City of National City, 1243 National City Boulevard, National City, CA 91950-4301. Insurance Document Submittal: Email insurance certificates to your City contact person and Elena Amaya in the City's Risk Department (eamaya@nationalcityca.gov) (Phone: (619) 336-4370). Mail the certificates and endorsements to: City of National City c/o Risk Manager 1243 National City Blvd National City, CA 91950-4301 Questions: Curtis Stephen, Risk Manager: (619) 336-4220 Elena Amaya, Office Assistant: (619) 336-4232