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HomeMy WebLinkAboutAgenda Packet Document 1AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY CALIFORNIA NATIONAL CI S INCORPORATED RON MORRISON Mayor JERRY CANO Vice Mayor ALBERT MENDIVIL Councilmember MONA RIOS Councilmember ALEJANDRA SOTELO-SOLIS Councilmember 1243 National City Blvd. National City 619-336-4240 Meeting agendas and minutes available on web WWW.NATIONALCITYCA. GOV COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA TUESDAY, SEPTEMBER 6, 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 9/6/2016 — 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 9/6/2016 — 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 1. September 2016 National Preparedness Month Proclamation AWARDS AND RECOGNITIONS PRESENTATIONS INTERVIEWS / APPOINTMENTS CONSENT CALENDAR 2. Motion of the City Council of the City of National City approving the waiving of the reading of the text of the Ordinances considered at this meeting and providing that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 3. Approval of the Minutes of the Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City of . (City Clerk) 4. Resolution of the City Council of the City of National City authorizing the Mayor to sign the Agreement between the County of San Diego and the City of National City for payment of NextGen RCS Infrastructure costs with an annual payment in the amount of $147,379.98 for ten years. (Police and Fire) 5. Resolution of the City Council of the City of National City authorizing the Chief of Police to enter into an amendment to extend the current Memorandum of Agreement with the County of San Diego (San Diego Sheriff's Department and Probation Department) and municipal law enforcement agencies throughout the County, for program support of the Regional Realignment Response Group (R3) (Police) CC/CDC-HA Agenda 9/6/2016 — Page 4 6. Resolution of the City of National City approving and ratifying a Memorandum of Agreement ("MOA") authorizing the Police Department to participate in the Operation Alliance Task Force (OATF) through the California Boarder Alliance Group, Southwest Border High Intensity Drug Trafficking Area ("HIDTA") and authorizing the acceptance of HIDTA grant in the amount of $148,000 and establishment of appropriation and corresponding revenue budget. This multi -year agreement shall remain in effect from year to year as long as each agency continues to participate in a CBAG HIDTA Initiative and the HIDTA fund remains available. The funding will pay for two (2) National City Police Officers' salary, benefits, overtime, and vehicle allowance in the amount of $148,000. (Police) PUBLIC HEARINGS ORDINANCES FOR INTRODUCTION ORDINANCES FOR ADOPTION NON CONSENT RESOLUTIONS 7. Resolution of the City Council of the City of National City denying a street vacation request for vacation of a segment of "A" Avenue located south of East 28th Street and north of East 29th Street. (Applicant: Frank Motors) (Case File No. 2013-23 SC) (Planning) NEW BUSINESS B. COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY PUBLIC HEARINGS- HOUSING AUTHORITY CONSENT RESOLUTIONS- HOUSING AUTHORITY NON CONSENT RESOLUTIONS- HOUSING AUTHORITY NEW BUSINESS- HOUSING AUTHORITY C. REPORTS STAFF REPORTS 8. Fiscal Year 2015 Comprehensive Annual Financial Report (CAFR) and Popular Annual Financial Report (PAFR) awards. (Finance) MAYOR AND CITY COUNCIL CLOSED SESSION REPORT CC/CDC-HA Agenda 9/6/2016 — Page 5 ADJOURNMENT Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday - September 20, 2016 - 6:00 p.m. - Council Chambers - National City, California. CC/CDC-HA Agenda 9/6/2016 — Page 6 The following page(s) contain the backup material for Agenda Item: September 2016 National Preparedness Month Proclamation September 2016 National Preparedness Month Proclamation WHEREAS, California residents have experienced the effects of various disasters ranging from severe winter storms to major earthquakes and devastating wildland fires, resulting in damages costing hundreds of millions of dollars; and WHEREAS, the May 2014 San Diego County Wildfires were the largest wildfires in the region since the devastatingfires of 2007; and WHEREAS, Southern California is experiencing prolonged drought and extreme fire conditions similar to 2007, that highlight the importance of disaster preparedness, both at the individual and institutional levels; and WHEREAS, the aftermath of the 2003, 2007, and 2014 firestorms in San Diego demonstrated the need for careful and thorough emergency planning and preparedness among individuals, communities, and agencies locally; and WHEREAS, the loss of life and property damage can be greatly reduced if appropriate emergency preparedness measures are taken before, during, and after a major emergency; NOW THEREFORE, the City Council of the City of National City does hereby proclaim September 2016 as: NATIONAL PREPAREDNESS MONTH BE IT FURTHER PROCLAIMED that the City Council of the City of National City urges all persons to learn what to do before, during, and after major emergencies to mitigate injuries, loss of life, and property damage. PASSED AND ADOPTED by the City Council of the City of National City this 6' day of September 2016. Ron Morrison, Mayor CC/CDC-HA Agenda 9/6/2016 — Page 8 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 # 09/06/16 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 9/6/2016 — Page 10 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 sign the Agreement between the County of San Diego and the City of National City for payment of NextGen RCS Infrastructure costs with an annual payment in the amount of $ CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 6, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to sign the Agreement between the County of San Diego and the City of National City for payment of NextGen RCS Infrastructure costs with an annual payment in the amount of $147,379.98 for ten years. (Police and Fire) PREPARED BY: Frank Parra DEPARTMENT: Fire PHONE: 619-336-4551 APPROVED BY: EXPLANATION: On February 18, 2014, the City signed the NextGen RCS Agreement (Resolution # 2014-20). As stated in Section 14.3 of the NextGen RCS Agreement, the County is authorized to amend Exhibit C of the Agreement to reflect the final system costs in accordance with the cost apportionment method described in Section 11. The First Amendment to the NextGen RCS Agreement was executed by the County on July 12, 2016, to amend Exhibit C (including C-1, C-2, and C-3). The County has awarded a contract for the NextGen RCS to Motorola Solutions Inc. for $70,065,207. Based on the total contract amount, the County has provided final system costs and updated financing information to all NextGen RCS Parties. The County has agreed to pay the City's proportional Infrastructure costs as part of the NextGen procurement. National City's total cost for the NextGen RCS is $1,270,762.58. On February 2, 2016, the Board of Supervisors authorized the Clerk of the Board to execute payment agreements with the NextGen RCS Parties on behalf of the County. If executed, beginning on June 1, 2017, and each year thereafter for ten (10) years, the City agrees to pay an annual payment as described in section 11.4 of the NextGen RCS Agreement, of $147,379.98. These annual payments will continue through June 30, 2026. These annual payments are separate from the monthly operating fees. Police and Fire Departments depend on the NextGen RCS for mobile and portable radio communication. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Fire: 001-412-125-470-0000 - $25,572.38; 001-412-125-480-0000 - $8,100.46 Police: 001-411-000-470-0000 - $86,353.32; 001-411-000-480-0000 - $27,353.82 ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: STAFF RECOMMENDATION: Approve the Resolution. FINAL ADOPTION: Finance MIS BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: First Amendment to NextGen RCS Agreement Agreement for payment of NextGen RCS Infrastructure costs Resolution First Amendment to Agreement Between and Among the County of San Diego and Participating Cities and Jurisdictions Regarding the Next Generation Regional CommunicationSystem Providing Communication Services to Public Safety and Public Service Agendes Operating in San Diego County and Imperial County NextGen RCS Agreement") RECITALS R1. On December 3, 2013 (6), the Board of Supervisors for the County of Sac Diego authorized the Chief Administrative Officer to execute the NextGen RCS Agreement and this First Amendment which will amend Exhibit C to reflect the finalized system costs and cost apportionment. R2. The NextGen RCS Agreement was executed on and about December 9,. 2013, her the parties to the NextGen RCS Agreement. R3. The NextGen RCS Parties agreed to the NextGen RCS Shared Backbone Infrastructure cost apportionment set forth in NextGen RCS Agreement section 11.4 and related sections. R4. The NextGen RCS Parties agreed in NextGen RCS Agreement section 14.3 as follows: 14.3 Exhibit C Revisions. Notwithstanding any other provision of this NextGen RCS Agreement, including but not limited to section 14.1, the NextGen Parties agree that, when final system costs are known, the County is authorized by the NextGen RCS Parties to amend Exhibit C of this NextGen RCS Agreement to reflect the final system costs in accordance with the cost apportionment method described in section 11. The NextGen Parties agree that the final Exhibit C as amended by the County and in accordance with the apportionment method described in section 11 (sue, in particular, section 11.5} steall be the legs ily"brnding Exhibit C to this NextGen RCS Agreement without further approval by the NextGen RCS Parties. The County shall distribute the amended Anal Exhibit C to the NextGen RCS Parties. Therefore, the NextGen RCS Agreement is amended as follows: The attached Final Exhibit C, including Exhibit C-1, C-2, and C-3 as issued, replaces the original Exhibit C in its entirety. COUNTY OF SAN DIEGO By 7 (12,11140 Ronald J. Lan=., Deputy Chief Administrative Officer Public Safek r Group, County of San Diego C BY Q FORM AND LEGALITY S OROBNIIY NextGen RCS Agreement - Amendment 1 Exhibit C RCS NextGen System Cost NextGen Shared Infrastructure Cost NextGen System Components- Shared Infrastructure Cost otal Shared Infrastructure Coat $ 7%065,207 Total' 1VECA infrastructure Cost $ (4,385,443) Remaining Shared Infrastructure Costs to be Apportioned among San Diego County NextGen RCS Parkes $ 65,67%,784 Total Subscriber Radio Count Total County of San Diego NextGen Parties Subscriber Radio Count Agency's Cost Apportionment Contained in Sri. Cost per radio for is $4,443,23for San Diego County Agencies. 14,782 July 12, 2016 `lextGen RCS Agreement -Amendment 1 Exhibit C-1 Cost Apportionment for San Diego County Shared Infrastructure Per Party: Costs are apportioned in two categories -infrastructure and core. Below are the estimated shared infrastructure apportionment costs per agency San Diego County Party Name Radia Count 9J1/13 Radio Count 7J1J7014 Average Radom Count Cost for San Diego Shared infrastructure Alpine Fire Protection District 26 26 26.0 $ 113,493.08 Bonita-Sunnyside Fire Protection District 16 16 16.0 $ 69,844.97 Borrego Springs Fire Protection District 21 21 21.0 $ 91,671.53 City of Carlsbad 436 440 438.0 $ 1,912,006.09 City of Chula Vista 694 646 670.0 5 2,924,758.18 City of Coronado 182 280 181.0 $ 790,121.24 City of Del Mar 97 99 98.0 $ 427,800.45 City of El Cajon 460 442 451.0 $ 1,968,755_13 City of Encinitas 246 247 246.5 $ 1,076,049.09 City of Escondido 752 702 727.0 $ 3,173,580.89 City of Imperial Beach 117 119 218.0 $ 515,106.66 City of La Mesa 291 285 288.0 $ 1,257,209.49 City of Lemon Grove 95 95 95.0 $ 414,704.52 City of National City 284 288 286.0 $ 1,248,478.87 City of Oceanside 744 740 742.0 $ 3,239,060.55 City of Poway 296 303 299-5 $ 1,307,410.56 City of San Marcos 419 421 420.0 $ 1,833,430.50 City of Santee 176 178 177.0 $ 772,660.00 City of Solana Beach 58 62 60.0 $ 261,918.64 City of Vista 284 290 287.0 $ 1,252.844.18 County of San Diego 5,933 6,162 6047,5 $ 26,399,216.57 Deer Springs Fire Protection District 21 22 21.5 $ 93,854.18 Heartland Communications Facility JPA 12 12 12.0 $ 52,383.73 Julian-Cuyamaca Fire Protection District 29 28 28.5 $ 124,411.36 Lakeside Fire Protection District 98 93 95.5 $ 416,887.17 Mira Costa Community College District 20 22 21.0 $ 91,671.53 North County Dispatch JPA 18 18 18A $ 78,575.59 North County Flre Protection District 127 119 123.0 $ 536,933.22 North County Transit District 33 33 33.0 $ 144,055.25 Rancho Santa Fe Fire Protection District 114 121 117.5 $ 512,924.01 0.0 $ - San Diego Unified Port District 299 297 298.0 $ 1,300,862.59 San Miguel Consolidated Fire Protection District 135 116 125,5 5 547,846.50 State of CA Department of Transportation (Cattrans) 893 849 871,0 $ 3,302,185.64 State of California, CA Highway Patrol/EI Cajon CHP 174 173 173.5 $ 757,381.41 Valley Center Fire Protection District 25 18 21.5 $ 93,854.18 Viejas Reservation Fire Department 33 33 33.0 $ 144,055,25 New Parties California State University San Marcos (Police) 49 52 50,5 $ 220,448.19 Olivenhain Municipal Water District 3 5I 4.0 $ 17,461.24 Palomar College 41 41! 41.0 $ 178,977.74 Poway Unified School District 240 243 241.5 $ 1,054,222,54 Ramona Water District Fire Department 21 21 2L0 $ 91,671.53 Rancho Santa Fe Patrol 17 17 17,0 $ 74,210.28 San Diego County Regional AlrportAuthorrty 164 181 172.5 $ 753,016.10 San Diego Humane Society 34 34 34.0 $ 148,420.56 San Dicta State University (Police & Parking) 1112 100 101.0, $ 440,896,38_ $ 141,872.6C San Pasquat Band of Jvlisskin Indians' " 32 33 32.5 Sycuan Band of the Kumeyaay Nathan (Syeuan. Fire/Police Department) 72 72 72,0 $ 314,302.37 University of California San Diego (Police and Environment Health & Safety) 108 116 112.0 $ 488,914.80 Vista Jn `ied High School District 188 204 196.0 $ 855,600.90 TOTAL 14,729 144,111-C 14,712 0 $ $4,528,*23.05 The San Diego Rural Fire Protection District was dissolved on 7/1/16. AA radios have been moved to the County of San Diego radio count. July 12,2016 NextGen RCS Agreement - Amendment 1 Exhibit C-2 Cost Apportionment for RCS NextGen Core (Portion of the Shared Infrastructure Costs): Costs are apportioned in two categories --infrastructure and core. Below ore the RCS NextGen Core apportionment costs per agency for both Son Diego County agencies and the imperial Volley Emergency Communications Authority (IVECA). San Diego County Parties & IVECA Radio Count g fZ fi3 Radio Count 7/If2014 AverageCost Redo Cou for RCS NextGen Core 51,254,277 Alpine Fire Protection District 26 26 26.0 $ 2,025.79 Bonita-Sunnyside Fire Protection District 16 16 16.0 $ 1,246.64 Borrego Springs Fire Protection District 21 21 21.0 $ 1,636.22 City of Carlsbad 436 440 438.0 $ 34,125.81 City of Chula Vista 694 646 670.0 $ 52,205.11 City of Coronado 182 180 181-0 $ 14,102.63 City of Del Mar 97 99 98.0 $ 7,635.68 City of Et Cajon 460 442 451.0 $ 35,139.70 City of Encinitas 246 247 246.5 $ 19,206.07 City of Escondido 752 702 727.0 $ 56,644.27 City of Imperial Beach 117 119 118.0 $ 9,193-98 City of La Mesa 291 285 288.0 $ 22,435.54 City of Lemon Grove 95 9.5 95.0 $ 7,401.93 5 22,283.71 City of National City 284 288 286.0 City of Oceanside 744 740 742.0 $ 57,812.99 City of Poway 296 303 299.5 $ 23,335.57 City of San Marcos 419 421 420-0 $ 32,724.34 City of Santee 176 17a 177.0 $ 13,790,97 City of Solana Beach 58 62 60.0 $ 4,674.91 City of Vista 284 290 287.0 $ 22,361.63 County of San Diego 5,933 6,162 6047.5 $ 471,191.47 Deer Springs Fire Protection District 21 22 21.5 $ 1,675.17 Heartland Communications Facility JPA 12 12 12.0 $ 934,98 Julian-Cuyamaca Fire Protection District 29 28 28.5 $ 2,220.58 Lakeside Fire Protection District 98 93 95.5 $ 7,440.89 Mira Costa Community College District 20 22 21.0 $ 1,636.22 North County Dispatch, WA 16 18 18..0 $ 1,402.47 North County Fire Protection District 127 119 123.0 $ 9,583-56 North County Transit District 33 33 33.0 $ 2,571,20 Rancho Santa Fe Fire Protection District 114 121 ) 117.5 $ 9,155.02 - 0.0 $ - San Diego Unified Part District 299 297 298.0 $ 23,218.69 San Miguel Consolidated Fire Protection District 135 116 125.5 $ 9,778.34 i State of CA Department of Transportation (Cafrans) 893 849 871-0 $ 67,864,04 State of California, CA Highway Patroi/EI Cajon DIP 174 173 173.5 $ 13,518.27 Valley Center Fire Protection District 25 18 21.5 $ 1,675.17 Viejas Reservation Fire Department 33 33 33.0 $ 2,571.20 11/EC44 1,302 1,330 1316.0 $ 102,536.2S California State University San Marcos (Police) 49 52 50.5 $ 3,934.71 0livenhain Municipal Water District 3 5 4.0 $ 311.66 Palomar College 41 41 41,0 $ 3,194.52 Poway Unified School District 240 243 241.5 $ 18,816.49 Ramona Water District Fire Department 21 21 21.0 $ 1,536.22 Rancho Santa Fe Patrol 17 17 17.0 $ 1,324.56 San. Diego County Regional Airport Authority 164 181 I 172.5 $ 13,440,35 San Diego Humane Society 34 34 34.0 $ 2,649.11 San Diego State University (Police & Parking) 102 100 101.0 $ 7,859.42 San Pasqua' Band of Mission Indians 32 33 32.5 $ 2,532.24 5ycuan Band of the Kurneyaay Nation (5yCuan Fire/Police DE 72 72 72.0 $ 5,609.89 University of California San Diego (Police and Environment I- 108 116 112.0 $ 8,726.49 Vista Unified High School Distrii t 188 204 r 196.0 $ 15,271.36 TOTAL. 16,031 16,165 15,098 . $ 1,254,277 02 ' The San Diego Rural Fire Protection District was dissolved on 7/1/16. AFl radios have been moved to the County of San Diego radio count. 4tVECA will pay for Infrastructure for imperial County and a portion of the NextGen core costs. July 12,2016 NextGen RCS Agreement - Amendment 1 Exhiblt C-3 Cost Apportionment for the Combined Infrastructure and RCS NextGen Core: Costs Ore apportioned in two categories —infrastructure and care. Below ore both the Combined infrastructure and RCS Core apportionment costs per agency. San Diego County Parties & IVECA Exhibit C-1 Coat San Drag° Shared Infrastructure + Exhibit C-2 Cost for RCS NextGen Cora = Combined Total Cost far San Diego Shared Infrastructure and NlerdGen RCS Core (C- 1 + C-21 Alpine rare Protection District $ 113,498.08 $ 2,025.79 $ 115,523.87 Bonita-Sunnyside Fire Protection District $ 69,844.97 $ 1,245.64 $ 71,091.61 8orrega Springs Fire Protection District $ 91,671.53 $ 1,535.22 $ 93,307-74 City of Carlsbad $ 2,912,006.09 $ 34,125.81 $ 1,946,3 32.90 City of Chula Vista $ 2,924,758.18 $ 52,203.11 $ 2,976,963_29 City of Coronado $ 790,12L24 $ 14,102.63 $ 804 223.87 City of Del Mar I $ 427,800-45 $ 7,535.68 $ 435,436.13 City of El Cajon $ 1,968,755.13 S. 35,139.70 $ 2,003,89424 City of Encinitas $ 1,076,049.09 $ 19,206.07 $ 1,095,255.16 City of Escondido $ 3,173,580.89 $ 56,644.27 $ 3,230,225.16 City of imperial Beach $ 515,1.06.66 S. 0,193.98 $ 524,300.54 City of La Mesa $ 1,257,209.49 $ 22,439.54 $ 1,279,649.03 5 422,106.457 City of Lemon Grove $ 414,704.52 $ 7,401.93 City of National City $ 1,248,478.87 $ 22,283.71 5 1,270,762.58 City of Oceanside $ 3,219,060.55 $ 57,812.99 $ 3,296,873.55 City of Poway $ 1,307,410.55 $ 23,335.57 r$ 1,330,746.13 , City of San Marcos $ 1,833,430.50 $ 32,724.34 $ 1,866,154.84 City of Santee , $ 772,660.00 $ 13,790.97 $ 786,450.97 City of Solana Beach $ 261,918.64 $ 4,674,91 $ 266,593.55 $ 1,275,205.81 City of Vista $ 1,252,844.18 $ 22,361.63 County of San Diego $ 26,399,216.57 $ 471,191.47 $ 26,870,408.04 Deer Springs Fire Protection District $ 93,854.18 $ 1,675,17 $ 95,529.35 Heartland Communications Facility JPA $ 52,383.73 $ 934.98 $ 53,318.71 Julian-Cuyamata Fire Protection District $ 124,41L36 $ 2,220.58 $ 126,531.94 Lakeside Fire Protection District $ 416,887-17 $ 7,440.89 $ 424,326.06 Mira Costa Community College District $ 91,67L53 $ 1,636.22 $ 93,307.74 North County Dispatch, JPA $ 78,575.59 $ 1,402,47 $ 79,978.06 $ 546,516.77 North County Fire Protection District $ 536,933.22 $ 9,583.56 North Caui4 Trinit Di3tric, $ 144,055.25 5 2,571.20 $ 146,626.45 starrhp Santa Fe Fire Protection District 5 512,924-01 S. 9,155.02 $ 522,079.03 ] $ - $ $ San Diego Unified Port District $ 1,300262-59 $ 23,218.69 $ 2,324,061.2g San Miguel Consolidated Fire Protection District 5 547,846-50 5 9,778.34 _ $ 557,624.84 State of CA Department of Transportation (Caltransl S 3,802,185-54 $ 67,8E4.04 $ 3,870,049.67 State of California, CA Highway Patrol/Et Cajon CHP 5 757,381-41 $ 13,518,27 $ 770,899.68 Valley Center Fire Protection District $ 93,854.18 $ 1,675,17 I $ 95,529.35 Viejas Reservation Fire Department $ 144,055-25 $ 2,571.20 I $ 146,525.45 California State University San Marcos (Potice) $ 220,448.19 $ 3,934.71 $ 224,382,90 Olive_nhain Municipal Water District $ 3.7,461_24 $ 311.66 $ 17,772.90 Palomar College $ 176,977-74 $ 3,194.52 $ 182,172.25 Poway Unified School District $ 1,054,222.54 $ 18,816.49 $ 1,073,039.03 Ramona Water District Fire Department $ 91,671-53 $ 1,636.22 $ 93,307.74 Rancho Santa Fe Patrol $ 74,210,28 $ 1,324,56 $ 75,534.84 San Diego County Regional Airport Authority $ 753,016-10 $ 13,440.35 $ 766,456.45 San Diego Humane Society $ 148,420.55 $ 2,649.11 $ 151,069.68 San Diego State University (Ponce & Parking)_ $ 440,896.38 $ 7,869.42 $ 448,765,81 San Pasqual Band of Mission Indians $ 141,872.60 $ 2,532.24 $ 144,404.84 Sycuan Band of the Kumeyaay Nation (Sycuan sire/Police Department) $ 314,302.37 $ 5,609.89 $ 319,912.26 University of California San Diego (Police and Environment Health & Safety) $ 488,914.80 $ 8,726.49 $ 497,641,29 Vista Unified High School District $ 855,600,90 $ 15,271,36 $ 870,872,26 TOTALS $ 64,528,023 05 1 $ 1,251,740 77 $ 65,678,76322 WVECA $ 4,282,907.04 I $ 102,536.75 I I $ 4,385,443.29 'TOTAL SYSTEM COST $ 70,055,207.11I The Son Diego Rural Fire Prvter.tlon District was dissolved on 7/1/16. All radios hove been moved to the County of San Diego radio count. July 12, 2016 AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF NATIONAL CITY FOR PAYMENT OF NEXTGEN RCS INFRASTRUCTURE COSTS This Agreement ("Agreement") is entered into this day of , 2016, (to be filled In by County Clerk of the Board) between the County of San Diego, a political subdivision of the State of California ("County"), and the City of National City ("City"). City and County shall be collectively referred to as the "Parties". RECITALS R.1 County and City have entered an Agreement Between and Among the County of San Diego and Participating Cities and Jurisdictions Regarding the Next Generation Regional Communication System Providing Communication Services to Public Safety and Public Service Agencies Operating in San Diego County and Imperial County ("NextGen RCS Agreement"). R.2 Under Section 11.8 of the NextGen RCS Agreement, participating agencies pay a monthly operating fee based on the number of radios that they operate within the Next Generation Regional Communications System (NextGen RCS). R.3 Pursuant to the NextGen RCS Agreement, the County agrees to purchase a NextGen RCS and the Parties agree to share Backbone Infrastructure costs. The NextGen Agreement contemplates additional, separate agreements related to payments and possible financing. R.4 On February 2, 2016 (Item No. 5), the Board of Supervisors authorized the Clerk of the Board to execute payment agreements with the Next Generation Regional Communications System parties on behalf of the County. Therefore, the parties agree as follows: AGREEMENT 1. Obligations of the Parties 1.1 County. County agrees to pay City's proportional Infrastructure costs as part of the NextGen procurement. 1.2 City. Beginning June 1, 2017, and each year thereafter for ten (10) years, City agrees that the City will pay an annual payment as described in section 11.4 of the NextGen RCS agreement, of $147,379.98. The annual payment of $147,379.98 is determined by the amortization schedule which is attached as Exhibit A. These annual payments will continue through June 30, 2026. Failure by the City to pay any portion of the annual fee will be a breach of section 11.4 of the NextGen RCS Agreement. These annual payments are separate and apart from the monthly operating fee referenced in R.2 of this agreement and 11.8 of the NextGen Agreement. 1.3 Early Payoff. During the term of this agreement, within 30 days of malting the annual payment, the Agency will be permitted to retire their entire debt by paying it in full. Exhibit A, the amortization schedule, provides the amount to be paid in full for the term of the agreement. No Third Party Beneficiaries. This Agreement is not intended to, and shall not be construed to, confer a benefit or create any right on any third party, or the power or right to bring an action to enforce any of its terms. 3. Amendments. This Agreement may be amended only by written instrument duly signed and executed by authorized representatives of the County and City. 4. Waiver. The waiver by either Party or any of its officers, agents or employees, or the failure of either Party or its officers, agents or employees to take action with respect to any right conferred by, or any breach of any obligation or responsibility of this Agreement, will not be deemed to be a waiver of such obligation or responsibility, or subsequent breach of same, or of any terms, covenants or conditions of this Agreement, unless such waiver is expressly set forth in writing in a document signed and executed by the appropriate authority of the County or of the City. 5. Authorized Representatives. The persons executing this Agreement on behalf of the Parties hereto affirmatively represent that each has the requisite legal authority to enter into this Agreement on behalf of its respective Party and to bind its respective Party to the terms and conditions of this Agreement. The person executing this Agreement on behalf of its respective Party understands that all Parties are relying on these representations in entering into this Agreement. 6. Successors in hnterFwk. The terms of this 4greenient will be binding on all successors in interest of each Party. 7. Severability. The provisions of this Agreement are severable, and the adjudicated invalidity of any provision or portion of this Agreement shall not in and of itself affect the validity of any other provision or portion of this Agreement, and the remaining provisions of the Agreement shall remain in full force and effect, except to the extent that the invalidity of the severed provisions would result in a failure of consideration or would materially adversely affect any Party's benefit of its bargain. If a court of competent jurisdiction were to determine that a provision of this Agreement is invalid or unenforceable and results in a failure of consideration or materially adversely affects any Party's benefit of its bargain, then the Parties agree to promptly use good faith efforts to amend this Agreement to reflect the original intent of the Parties. Except for this obligation to discuss amending this Agreement, no Party is obligated to agree to a new agreement or any amendment hereto. B. Termination. This Agreement will be terminated once the Agency has made the final payment required under section 1.2. 9. Term of Agreement. The term of this Agreement is from the first business day following the date on which the last Party executes the Agreement through June 30, 2026, subject to Paragraph 8 above. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year above set forth. This Agreement shall be effective as of the first business day following the date on which the last Party executes it. CITY OF NATIONAL CITY COUNTY OF SAN DIEGO By Date By Date David C. Hall, Clerk of the Board For San Diego County Board of Supervisors APPROVED AS TO FORM AND LEGALITY FOR COUNTY OF SAN DIEGO By: Mark Day, Senior Deputy City of National City Exhibit A - Amortization Schedule Annual Interest Rate 2.79% Years 10 Payments Per Year 1 Amount $ 1,270,762.58 Payment Number Payment Principal Interest Balance 1 ($147,379.98) ($111,925.70) ($35,454.28) $1,158,836,88 2 ($147,379.98) ($115,048.43) ($32,331.55) $1,043,788.45 3 ($147,379.98) ($118,258.28) ($29,121.70) $925,530.17 i 4 ($147,379.98) ($121,557.69) ($25,822.29) $803,972.48 5 ($147,379.98) ($124,949.15) ($22,430.83) $679,023.34 6 ($147,379.98) ($128,435.23) ($18,944.75) $550,588.11 7 ($147,379.98) ($132,018.57) ($15,361.41) $418,569,54 8, ($147,379.98) ($135,701.89) 01,678.09) $282,867.65 $143,379.68I 91 ($147,379.98) ($139,487.97) ($7,892.01) 101 0147,379.98) ($143,379.68) ($4,000.29) $0.00 CC/CDC-HA Agenda 9/6/2016 — Page 21 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Chief of Police to enter into an amendment to extend the current Memorandum of Agreement with the County of San Diego (San Diego Sheriff's Department and Probation Department) and CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Chief of Police to enter into an amendment to extend the current Memorandum of Agreement with the County of San Diego (San Diego Sheriff's Department and Probation Department) and municipal law enforcement agencies throughout the County, for program support of the Regional Realignment Response Group (R3). PREPARED BY: Jose Tellez, Captain PHONE: 'Ext. 4513 EXPLANATION: Refer to Attachment. DEPARTMENT: Police APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: (Revenue Fund: Expenditure Account:, ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve Resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Amendment No. 1 (R3 MOA) Amendment No. 2 (R3 Exhibit A) \\ir/, CALIFORNIA� • NATLONAL CITY INCORPORATED NATIONAL CITY POLICE DEPARTMENT MEMORANDUM DATE: July 18, 2016 TO: Leslie Deese, City Manager FROM: Manuel Rodriguez, Chief of Police SUBJECT: Resolution of the City Council of the City of National City authorizing the Chief of Police to enter into an amendment to extend the current Memorandum of Agreement with the County of San Diego (San Diego Sheriff's Department and Probation Department) and municipal law enforcement agencies throughout the County, for program support of the Regional Realignment Response Group (R3) SUMMARY It is recommended the City Council approve the Resolution of the City Council of the City of National City) to allow the Chief of Police to enter into an amendment to extend the current Memorandum of Agreement with the County of San Diego and municipal law enforcement agencies for program support of the Regional Realignment Group (R3). BACKGROUND The City Council of the City of National City passed and adopted the original Memorandum of Agreement on January 21, 2014 (Resolution No. 2014-03) authorizing the Chief of Police to enter into a Memorandum of Agreement with the County of San Diego (San Diego Sheriff's Department and Probation Department) and municipal law enforcement agencies throughout the County for program support of the Regional Realignment Response Group (R3). The National City Police Department received grant funds in the amount of $31,539 from the Community Corrections Partnership (R3) to support R3 and its primary goal of public safety, and establishing a fiscal year 2014 appropriation. This amendment allows the extension of the current Memorandum of Agreement through December 31, 2017 with the County of San Diego (San Diego Sheriff's Department and Probation Department) for the Regional Realignment (AB109) Group. As part of this agreement, the National City Police Department will continue to receive grant funding in the amount of $45,000. The funds shall be used to support R3 and its primary goal of public safety by developing and 1200 National City Boulevard National City, CA 91950 (619) 336-4512/Fax (619) 336-4525 • NAL airy C `5° 1R implementing targeted, proactive, intelligence -based approach to control and counteract the risks associated with realigned offenders and Post Release Community Supervision Offenders, released into San Diego County. IMPACT None. 1200 National City Boulevard National City, CA 91950 (619) 336-4512/Fax (619) 336-4525 AGREEMENT FOR THE 2016 REGIONAL REALIGNMENT RESPONSE (R3) 1. PARTIES TO THE AGREEMENT This Agreement is between the COUNTY OF SAN DIEGO ("COUNTY"), the CITY OF CARLSBAD, the CITY OF CHULA VISTA, the CITY OF CORONADO, the CITY OF EL CAJON, the CITY OF ESCONDIDO, the CITY OF LA MESA, the CITY OF NATIONAL CITY, the CITY OF OCEANSIDE, the CITY OF SAN DIEGO ("CITIES"), collectively the "PARTIES", for program support of the Regional Realignment Response Group ("R3"). 1.1 Party Departments or Agencies Participating in the Agreement For the COUNTY, participating agencies are the Sheriffs Department ("SHERIFF") and the Probation Department ("PROBATION"). For the CITIES, participating agencies are their respective police department. 2. RECITALS 2.1 COUNTY through SHERIFF received funds from the State of California Local Revenue Fund 2011, Community Corrections Subaccount to continue the Regional Realignment Response Group (R3) program. 2.2 Funds shall be used to support the R3 program and its primary goal of public safety by developing and implementing a targeted, proactive, intelligence -based approach to control and counteract the risks associated with realigned offenders (which include those sentenced pursuant to California Penal Codes 1170(h)(5)(A) PC and 1170(h)(5)(B) PC and Post Release Community Supervision Offenders) released into San Diego County. 2.3 Government Code §55632 authorizes COUNTY through SHERIFF and PARTIES, to contract with SHERIFF for provision of joint law enforcement services. 2.4 PARTIES desire to enter into an agreement with provisions concerning the nature and extent of R3 collaboration, services rendered, and compensation. 2.5 COUNTY, by action of the Board of Supervisors on June 28, 2016 (3), approved and authorized the SHERIFF to execute expenditure contracts to use 2016 R3 funds to reimburse all PARTIES for overtime expenses incurred in R3 activities not to exceed the amounts described in Exhibit A - Agency Allocations, during the project period July 1, 2016 to December 31, 2017. 2.6 PARTIES agree to maintain documentation supporting all expenditures reimbursed from R3 funds. NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, PARTIES jointly intend that COUNTY through SHERIFF will reimburse, and PARTIES will provide, a level of R3 services, as set forth in this Agreement. 1 3. PURPOSE AND INTENT The purpose of this Agreement is to satisfy the R3's goal of ensuring public safety in the post AB 109 environment. 4. SCOPE OF SERVICES 4.1 Method of Service Delivery SHERIFF will maintain the R3 funding and will be administratively responsible for reimbursement of PARTIES' obligations under this Agreement. 4.2 Overview of Basic Services PARTIES will provide R3 activities ("Activities") in their designated areas of jurisdiction and/or in coordination with other R3 partner agencies in order to counteract the risks associated with realigned offenders released into San Diego County. 4.2.1 Framework of Operations A Regional Realignment Response Group (R3 Group) is formed to oversee R3 Operations and Activities. The Membership of the Group will consist of the Designated Coordinators of each PARTY, as outlined in Section 6.2.3. The R3 Group will meet every 6 months to discuss and plan R3 Operations and Activities. 4.2.2 Regional Sub -Groups Regional Sub -Groups are created for the Northern, Central, and Southern areas of the County. The Regional Sub -Groups are responsible for the planning and coordination of allied or regional operations involving two or more PARTIES. Membership of the Regional Sub -Groups is as follows: NORTHERN: A Police Lieutenant from the cities of Escondido, Carlsbad, Oceanside, a Lieutenant from SHERIFF, and a Supervising Probation Officer from PROBATION. CENTRAL: A Police Lieutenant from the cities of San Diego, El Cajon, La Mesa, a Lieutenant from SHERIFF, and a Supervising Probation Officer from PROBATION. SOUTHERN: A Police Lieutenant from the cities of San Diego, National City, Chula Vista, a Lieutenant from SHERIFF, a Commander from the City of Coronado, and a Supervising Probation Officer from PROBATION. 5. TERM OF AGREEMENT 5.1 Initial Term The term of this Agreement shall be July 1, 2016 and shall continue in effect through and terminate at midnight on December 31, 2017 subject to the termination provision in sections 5.2 and 5.3 below. /// 2 5.2 Option to Extend COUNTY shall have the option to renew this Agreement for successive one year increments beyond December 31, 2017. Renewal or extension of the Agreement beyond December 31, 2017 shall be subject to available funding. 5.3 Termination Subject to the applicable provisions of state law, each PARTY may terminate its participation in this Agreement upon ninety -day (90) minimum written notice to the other PARTIES. 6. STANDARDS OF SERVICE: OBLIGATIONS OF THE PARTIES 6.1 Anticipated Outcome The anticipated outcome of the R3 Activities, provided by PARTIES under this Agreement, is increased law enforcement presence in each respective PARTY's designated area of jurisdiction in order to counteract the risks associated with realigned offenders released into San Diego County. The anticipated outcome will be reached by achieving the goals and accomplishing the missions set forth below by the PARTIES. 6.1.1 PARTIES will provide enhanced enforcement by increasing patrol presence in areas where realigned offenders reside, jurisdictions where they are released, and areas they are known to frequent. This patrol presence will include 4th waiver searches, probation compliance checks, directed patrol, and coordinated multi -agency sweeps. In addition, PARTIES will utilize their unique investigatory areas of expertise in operations. 6.1.2 Increase intelligence/information sharing among PARTIES, including but not limited to the following activities: (a) Utilize Criminal Intelligence Analysts, dedicated to the R3 program, located at the San Diego Law Enforcement Coordination Center (SD-LECC). The SD- LECC will serve as the centralized clearinghouse for information and documentation of realigned offender post -release packets. (b) Conduct meetings every 6 months with a minimum of one representative from each PARTY. (c) Increase information sharing during operations. 6.1.3 Prior to R3 "Activities", or Operations, an Operations Plan must be approved by the Regional Realignment Response Group. The Operations Plan is to be submitted by the Operations Coordinator via email to R3G@sdsheriff.org at least 72 hours prior to the operation. 6.1.4 At the conclusion of each shift (Operation) funded by Regional Realignment Response (R3), law enforcement officers in each agency will complete a Daily Activity Report (DAR). The DAR will be submitted to the agency's designated Operation's Coordinator. 3 6.1.5 At the conclusion of each shift (Operation) funded by R3, the Operation Coordinator will email the following to R3G@sdsheriff.org: (a) An OVERALL Operation Statistics Form (b) All Daily Activity Report (DAR) Forms (from Deputies/Officers) (c) A complete Operation Roster (includes all personnel assigned to operation with sign in and sign out times) 6.2 Personnel Qualifications and Assignment 6.2.1 Qualifications Each PARTY shall ensure that personnel it assigns to perform activities pursuant to this Agreement meet the minimum qualification for their specific classification. 6.2.2 Management, Direction and Supervision; Independent Contractors The hiring, firing, management, direction, and supervision of each PARTY's personnel, the standards of performance, the discipline of each PARTY'S personnel, and all other matters incident to the performance of such services, shall be performed by and be the responsibility of each PARTY in each PARTY's sole but reasonable judgment and in accord with the provisions of applicable labor agreements. Each PARTY shall be the appointing authority for all its personnel provided to R3 by this AGREEMENT. PARTIES shall have no liability for any direct payment of salary, wages, indemnity, or other compensation or benefit to any other PARTY's personnel. Each PARTY and its respective officers, agents, and employees are independent contractors and are not officers, agents and employees of any other PARTY. Each PARTY's personnel are under the direct and exclusive supervision of that PARTY, and each PARTY assumes full responsibility for the performance of its own personnel in connection with this Agreement. No PARTY has the authority to bind any other PARTY. 6.2.3 Designated Coordinators SHERIFF shall select and designate a coordinator who shall manage and direct the R3. Each other PARTY shall select and designate a coordinator under this Agreement. The designated coordinators for each PARTY shall represent their agency on the R3 Group outlined in Section 4.2.2, perform the activities outlined in Section 6.1.5 and implement, as needed, appropriate procedures governing the performance of all requirements under this Agreement and shall be responsible for meeting and conferring in good faith in order to address any disputes which may arise concerning implementation of this Agreement. 6.2.4 Staffing for Basic Services PARTIES shall ensure that adequate numbers of their qualified respective personnel are provided to R3 Activities at all times during the term of this Agreement to meet the Basic Services, Scope of Services, and Standards of Service commitments set forth herein. 4 6.2.5 Equipment and Supplies Each PARTY will supply its own personnel with all supplies and/or prescribed safety gear, body armor, and/or standard issue equipment necessary to perform R3 Activities under this agreement. 7. COST OF SERVICES/CONSIDERATION 7.1 General As full consideration for the satisfactory performance and completion by PARTIES of Activities set forth in this Agreement, COUNTY through SHERIFF shall reimburse PARTIES for personnel assigned to perform R3 Activities on the basis of claims and submittals as set forth hereunder not to exceed the amounts specified in Exhibit A -Agency Allocations. Such payments by COUNTY through SHERIFF are dependent on the continued availability of funds from the County Local Revenue Fund 2011, Community Corrections Subaccount. 7.2 Personnel Costs/Rate of Compensation During the term of this Agreement, COUNTY through SHERIFF shall reimburse PARTIES for overtime worked by personnel assigned to perform R3 Activities based upon the actual costs incurred by PARTIES to provide Activities under this Agreement, not to exceed the amounts specified in Exhibit A —Agency Allocations. 7.3 Method of Payment PARTIES shall submit correct and complete reimbursement forms, labor reports, and timesheets, as documentation that represents amounts due under this Agreement to SHERIFF no later than the final business day of the subsequent month from the month being claimed. All requests for reimbursement shall be sent to: San Diego County Sheriff s Department Grants Unit (R3G) P. O. Box 939062 San Diego, CA 92193-9062 7.3.1 Reimbursement forms, labor reports and timesheets must have the signature of PARTY's designated coordinator or his or her designee, certifying that the invoice, labor reports and timesheets are true and correct. 7.3.2 PARTIES shall provide payroll records for every person whose costs are reimbursable under this Agreement, to include, at a minimum, the person's name, classification, duty position, task, regular hourly rate, overtime -hourly rate, overtime hours worked, date overtime worked, and fringe benefit rate and cost. PARTIES shall make available to SHERIFF for inspection, upon request, all payroll records and any other records that relate to the Basic Services provided under this Agreement. 7.3.3 Within sixty (60) business days upon receipt of valid invoice and complete documentation, SHERIFF will reimburse PARTIES for the Basic Services agreed to. 5 7.3.4 Each PARTY is responsible for tracking the claims submitted by their agency to ensure the total claims do not exceed the Agency allocations provided in Exhibit A. 8. INDEMNIFICATION - WORKERS COMPENSATION, EMPLOYMENT 8.1 The COUNTY shall fully indemnify and hold harmless non -County PARTIES and their respective officers, employees and agents, from any claims, losses, fines, expenses (including attorneys' fees and court costs and/or arbitration costs), costs, damages or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of the COUNTY or any contract labor provider retained by the COUNTY, or (2) any claim, demand, suit, or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of the COUNTY or any contract labor provider retained by the COUNTY. 8.2 Each non -County PARTY shall fully indemnify and hold harmless the COUNTY, its officers, employees, and agents, from any claims, losses, fines, expenses (including attorneys' fees and court costs or arbitration costs), costs, damages or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of that respective agency or any contract labor provider retained by that respective agency, or (2) any claim, demand, suit, or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of that respective agency or any contract labor provider retained by that respective agency. 8.3 Each non -County PARTY shall fully indemnify and hold harmless the other non - County PARTIES, its officers, employees, and agents, from any claims, losses, fines, expenses (including attorneys' fees and court costs or arbitration costs), costs, damages or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of that respective agency or any contract labor provider retained by non -County party, or (2) any claim, demand, suit, or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of that respective law enforcement agency or any contract labor provider retained by the law enforcement agency. 9. INDEMNIFICATION RELATED TO ACTS OR OMISSIONS; NEGLIGENCE /// 6 9.1 Claims Arising From Sole Acts or Omissions of a PARTY Each PARTY to this Agreement hereby agrees to defend and indemnify the other PARTIES to this Agreement, their agents, officers and employees, from any claim, action or proceeding against the other PARTIES, arising solely out of its own acts or omissions in the performance of this Agreement. At each PARTY's sole discretion, each PARTY may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve any PARTY of any obligation imposed by this Agreement. PARTIES shall notify each other promptly of any claim, action or proceeding and cooperate fully in the defense. 9.2 Claims Arising From Concurrent Acts or Omissions The PARTIES hereby agree to defend themselves from any claim, action or proceeding arising out of the concurrent acts or omissions of the PARTIES. In such cases, PARTIES agree to retain their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs, except as provided in paragraph 9.4 below. 9.3 Joint Defense Notwithstanding paragraph 9.2 above, in cases where PARTIES agree in writing to a joint defense, PARTIES may appoint joint defense counsel to defend the claim, action or proceeding arising out of the concurrent acts or omissions of PARTIES. Joint defense counsel shall be selected by mutual agreement of PARTIES. PARTIES agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as provided in section 9.4 below. PARTIES further agree that no PARTY may bind the others to a settlement agreement without the written consent of the others. 9.4 Reimbursement and/or Reallocation Where a trial verdict or arbitration award allocates or determines the comparative fault of the parties, PARTIES may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments and awards, consistent with such comparative fault. 10. GENERAL PROVISIONS 10.1 Notices Any notice, request, demand or other communication required or permitted hereunder shall be in writing and may be personally delivered or given as of the date of mailing by depositing such notice in the United States mail, first-class postage prepaid and addressed as follows or, to such other place as each party may designate by subsequent written notice to each other: To COUNTY and SHERIFF: Sheriff San Diego County Sheriff s Department P. O. Box 939062 San Diego, CA 92193 Chief Probation Officer Probation Department 9444 Balboa Avenue, Ste. 500 San Diego, CA 92123 7 To Non -County PARTIES: Chief of Police Chief of Police Carlsbad Police Department Chula Vista Police Department 2560 Orion Way 315 Fourth Avenue Carlsbad, CA 92010 Chula Vista, CA 91910 Chief of Police Chief of Police Coronado Police Department El Cajon Police Department 700 Orange Avenue 100 Civic Center Way Coronado, CA 92118 El Cajon, CA 92020 Chief of Police Chief of Police Escondido Police Department La Mesa Police Department 1163 North Centre City Parkway 8085 University Ave Escondido, CA 92026 La Mesa, CA 91942 Chief of Police Chief of Police National City Department Oceanside Police Department 1200 National City Blvd 3855 Mission Ave National City, CA 91950 Oceanside, CA 92058 Chief of Police San Diego Police Department 1401 Broadway San Diego, CA 92101 A notice shall be effective on the date of personal delivery if personally delivered before 5:OOp.m. on a business day or otherwise on the first business day following personal delivery; or two (2) business days following the date the notice is postmarked, if mailed; or on the first business day following delivery to the applicable overnight courier, if sent by overnight courier for next business day delivery and otherwise when actually received. 10.2 Amendment This Agreement may be modified or amended only by a written document signed by the COUNTY through SHERIFF and the affected PARTY or PARTIES, and no oral understanding or agreement shall be binding on any PARTY or PARTIES. 10.3 Entire Agreement This Agreement constitutes the complete and exclusive statement of agreement between the COUNTY and Non -County PARTIES with respect to the subject matter hereto. As such, all prior written and oral understandings are superseded in total by this Agreement. 10.4 Construction This Agreement will be deemed to have been made and shall be construed, interpreted, governed, and enforced pursuant to and in accordance with the laws of the State of 8 California. The headings and captions used in this Agreement are for convenience and ease of reference only and shall not be used to construe, interpret, expand, or limit the terms of the Agreement and shall not be construed against any one party. 10.5 Waiver A waiver by COUNTY or Non -County PARTIES of a breach of any of the covenants to be performed by COUNTY or Non -County PARTIES shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions, or conditions of this Agreement. In addition, the failure of any party to insist upon strict compliance with any provision of this Agreement shall not be considered a waiver of any right to do so, whether for that breach or any subsequent breach. The acceptance by COUNTY or Non -County PARTIES of either performance or payment shall not be considered a waiver of PARTY's preceding breach of this Agreement. 10.6 Authority to Enter Agreement COUNTY and Non -County PARTIES have all requisite power and authority to conduct their respective business and to execute, deliver, and perform the Agreement. Each PARTY warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. 10.7 Cooperation COUNTY through SHERIFF and Non -County PARTIES will cooperate in good faith to implement this Agreement. 10.8 Counterparts This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. 10.9 Severability This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any Court or other legal authority, or is agreed upon by the PARTIES, to be in conflict with any law or regulation, then the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of this Agreement to any PARTY is lost, then the Agreement may be terminated at the option of the affected PARTY, with the notice as required in this Agreement. In all other cases, the remainder of this Agreement shall be severable and shall continue in full force and effect. 10.10 Representation PARTIES' Chief, or their respective designee, shall represent PARTIES in all discussions pertaining to this Agreement. SHERIFF, or his or her designee, shall represent SHERIFF in all discussions pertaining to this Agreement. 9 10.11 Dispute Resolution Concerning Services and Payment In the event of any dispute concerning services and payment arising from this Agreement, the SHERIFF, or his or her designee, and PARTIES' Chief of Police, or his or her respective designee, will meet and confer within 10 (ten) business days after receiving notice of the dispute to resolve the dispute. 10.12 Termination of Funding In the event that funding for reimbursement of costs related to R3 Activities is terminated, this Agreement in its entirety shall be considered null and void and COUNTY through SHERIFF and PARTIES shall no longer be required to provide R3 Activities as described herein. In such event, the COUNTY through SHERIFF and PARTIES shall meet immediately, and if agreed upon by the COUNTY through SHERIFF and PARTIES, mutually develop and implement within a reasonable time frame, a transition plan for the provision of R3 Activities through alternate means. 10.13 Obligation This Agreement shall be binding upon the successors of the PARTIES. 10.14 California Law This Agreement is executed and delivered within the State of California and the rights and obligations of the PARTIES hereto shall be construed and enforced in accordance with, and governed by the laws of the State of California. IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement on this day of , 2016. COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT PROBATION DEPARTMENT William D. Gore Sheriff CARLSBAD POLICE DEPARTMENT Neil Gallucci Chief /// Adolfo Gonzales Chief CHULA VISTA POLICE DEPARTMENT David Bejarano Chief 10 CORONADO POLICE DEPARTMENT Jon Froomin Chief ESCONDIDO POLICE DEPARTMENT Craig Carter Chief NATIONAL CITY POLICE DEPARTMENT Manuel Rodriguez Chief SAN DIEGO POLICE DEPARTMENT Shelley Zimmerman Chief Approved as to form and legality: Mark Day Senior Deputy CITY OF EL CAJON Douglas Williford City Manager LA MESA POLICE DEPARMENT Walt Vasquez Chief OCEANSIDE POLICE DEPARTMENT Frank McCoy Chief CITY OF SAN DIEGO Mayor Kevin Faulconer or Designee Approved as to form: JAN GOLDSMITH, CITY ATTY., CITY OF SAN DIEGO Linda L. Peter Deputy City Attorney 11 EXHIBIT A FY 2016 Regional Realignment Response Group ALLOCATION SUMMARY AGENCY NAME 2016 Total Allocation San Diego County Sheriffs Department 327,721 San Diego County Probation 85,410 Carlsbad Police Department 21,768 Chula Vista Police Department 81,378 Coronado Police Department 20,000 El Cajon Police Department 36,484 Escondido Police Department 140,000 La Mesa Police Department 43,995 National City Police Department 45,000 Oceanside Police Department 47,569 San Diego Police Department 150,675 Grand Total San Diego County Region $ 1,000,000 CC/CDC-HA Agenda 9/6/2016 — Page 37 The following page(s) contain the backup material for Agenda Item: Resolution of the City of National City approving and ratifying a Memorandum of Agreement ("MOA") authorizing the Police Department to participate in the Operation Alliance Task Force (OATF) through the California Boarder Alliance Group, Southwest Border CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 9, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City of National City approving and ratifying a Memorandum of Agreement ("MOA") authorizing the Police Department to participate in the Operation Alliance Task Force (OATF) through the California Boarder Alliance Group, Southwest Border High Intensity Drug Trafficking Area ("HIDTA") and authorizing the acceptance of HIDTA grant in the amount of $148,000 and establishment of appropriation and corresponding revenue budget. This multi -year agreement shall remain in effect from year to year as long as each agency continues to participate in a CBAG HIDTA Initiative and the HIDTA fund remains available. The funding will pay for two (2) National City Police Officers' salary, benefits, overtime, and vehicle allowance in the amount of $148,000.1 PREPARED BY: Jose Tellez, Captain DEPARTMENT: Police PHONE: (619) 336-4510 APPROVED BY: EXPLANATION: The Operation Alliance Task Force (OATF) investigates narcotics smuggling, transportation and distribution groups along the California Mexico border based on proactive case development and post seizure analysis of all seizures made by elements of the U.S. Department of Homeland Security (DHS). OATF is comprised of federal, state, and local agencies. The National City Police Department will dedicate two investigators to the task force and the MOA will pay for the officer's salary, benefits, overtime, and vehicle allowance in the amount of $148,000. These positions are funded only as long as the funds from HIDTA are available, otherwise the positions would be terminated. No local match funding is required for this grant. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: 290-11656-3463 (Revenue) 290-411-656-*.* ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve Resolution.) BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Exhibit A MOA Exhibit B Budget Detail Report California Border Alliance Group Southwest Border High Intensity Drug Trafficldng Area Memorandum of A.t?reement Multi -Year 2009/CUAG The Office of Drug Control Policy (ONDCP) has awarded a HIDTA Grant, to the San Diego Sheriff's Department (SDSD), Chula Vista Police Department (CVPD) and the California for a Drug Free Youth (CADFY), on behalf of all State and Local Law Enforcement Agencies participating in the California Border Alliance Group (CBAG). These funds shall be used as designated in each agency's CBAG recommended and ONDCP approved budget for that Initiativc(s). Scope of Service The services carried out under this memorandum of agreement shall be consistent with those contained in the Initiative Proposal and Budget as approved for funding by ONDCP. Changes shall not be made in the subject or the proposed objectives and products of Initiative activities without prior written approval from the CBAG Director acting on behalf of the Executive Committee. Reprugranzm ing of Funds Reprogranuning of funds requires different levels of approval based on the amount to be reprogrammed and whether the reprogramming is intra agency or intra initiative. In all cases the recipient agency is responsible for maintaining detailed records of the reprogramming activities and forwarding a request for authorization to the CBAG Director. Reporting Requirements A final report of initiative expenditures shall be submitted to CBAG within thirty (30) days after the close oldie approved period of the HIDTA Grant. Interim financial reports shall be submitted to CBAG by the 30th day following the ending of each quarter. It is understood that these reports are required by ONDCP. The financial report shall contain expenditures / costs by cost categories of the approved initiative budget and the comparison of actual expenditures / costs against budget estimates. Failure to submit reports on a timely basis may result in the interruption or termination of the initiative funding for that agency. Timely submittal of invoices, with documentation of exenditures, for reimbursement meets this reportine responsibility. Detailed information on the financial reporting requirements arc found in the HIDTA Program Guidance, and the HIDTA Financial Management Standards. Invoicing Each agency shall invoice once per quarter for expenditures incurred. Invoices shall report each initiative separately and contain the expenditures by category with the agency providing the required documentation. Equipment (any item costing S I,000 or more, including software) should be identified by item description, serial number and cost. A CBAG inventory bar code tag will be issued for each item. Each agency shall maintain the item in their inventory and place the CBAG tag on each item. This will assist us in meeting ONDCP's requirement for a HIDTA Equipment Book. Paee 1 nil • , • • [e • • • marand of, then(:... . .. •- • 'ONDCP; as a tioai•O€fandigg iegalies agenda trtiClhc o gositlons ihadedvnder the ii71'A: ` 1 • ' ••Program foi sdla yand'b•,gnethswou1d noiba SUed•If ftwerenot for these}ApPA finds. Agericyheids,by' • ' • . . agteeing to thds•MQAcacu agreeing to.submitthgt oh agency letEealteed ttain•g•the laa•gusga pmovided by. ' �OFNDCP. A:PositionDescription isalsofegiw. ed.: ' - ••' • • • ' of�his MO4 by.participadng is a¢ pffinee all amdda ds and of theIX7TA. ' 13triai. In:order to moat C3NM FII MGuidance,tote cBAGDbeotorta Of cewi lcoaduct m annuitauditDf • • '• . HJDTA eapendihues df all praitcriparint agencies, prirnadly bire'yl swing thn doianireataiion spltmiudd Milli*: . 1 ' Invoi bat snpnlsiegtad•b3► actual review df ariginat dacumentsr • . _ • , ' . • • gAgt • • . • xadanel.C9tyRol IoeDspananat • 03;pg.ion! This MOA sbali be a nudii-year agrintna t 'effective upoaaignature off both agendas aid shad Marne a in Effect nun Year !)year as long'as each ajlenCydes topartidphteInacliAGEWA Initiative and S11 A funds i rem &availablefr�atq OPII?CP.ofeither agestcy ptovldes I20 days writtennodicdto texat�•• I • 4• . I . t • Fiscal agents! San•Diago Sheriffs Dppartanal Qannalol, Chief Data . D. crab; seaalitt P1scal Agentgs • . Chula Vlsca Dapartmaat • •5 • • . CON1iuBBANCtrs; . California Border Milano Group (CBAG) $eanl�aAdsai, Director • Page;eq. David asj. • • Wt� Dam • . . Fiscal Ageitas • Capra afo pm Roo Youth (C:ADPY) • . 2 4a. Budget Detail 2016 - SWB HIDTA San Diego Imperial Valley All Initiatives, Award Recipients and Resource Recipients Input 0148,000.00 Personnel Quantity Amount Comments Investigative - Law Enforcement Officer Total Personnel 2 $100,000,00 2 $100,000.00 Fringe Quantity Amount Comments Investigative - Law Enforcement Officer Total Fringe 2 $2,1,000.00 2 $24,000.00 Overtime Quantity Amount Comments Investigative - Law Enforcement Officer Total Overtime 2 $18,000.00 2 $18,000.00 Services Quantity Amount Comments Vehicle allowance Total Services 1 S6,000.00 1 $6,600.00 Total Budget ;an:; I ct $148,000.00 3/3/20L6 6:51; La PM Budget Detail 2016 - SWB HIDTA San Diego Imperial Valley Initiative - Operation Alliance Joint Task Force Award Recipient- San Diego Sheriffs Department (G16SC0001A) Resource Redpient - National City Police Department Input $77,000.00 Personnel Quantity Amount Comments Investigative - Law Enforcement Officer Total Personnel 1 $50,000.00 1 $50,000.00 Fringe Quantity Amount Comments Investigative - Law Enforcement Officer Total Fringe 1 $12,000.00 1 $12,000.00 Overtime Quantity Amount Comments Investigative - Law Enforcement Officer Total Overtime 1 1 $9,000.00 $9,000.00 Services Quantity Amount Comments Vehicle allowance Total Services 1 1 $6,000.00 $6,000.00 Total Page 2of3 $77,000.00 3/3/2016 6:51:18 PM Budget Detail 2016 - SWB HIDTA San Diego Imperial Valley Initiative - Cross Border Violence Task Force Award Recipient - San Diego Sheriffs Department (G16SC0001A) Resource Recipient - National City Police Department Input $71,000.00 Personnel Quantity Amount Comments Investigative - Law Enforcement Officer Total Personnel 1 1 $50,000.00 $50,000.00 Fringe Quantity Amount Comments Investigative - Law Enforcement Officer Total Fringe 1 $12,000.00 1 $12,000.00 Overtime Quantity Amount Comments Investigative - Law Enforcement Officer Total Overtime 1 1 $9,000.00 $9,000.00 Total Page J of 3 $71,000.00 3/3/2016 6:51:18 PM 3 Total Ad Budgets $148,000,00 Pacie 3 3 3/3/2016 6:51:18 PM 14 CC/CDC-HA Agenda 9/6/2016 — Page 45 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City denying a street vacation request for vacation of a segment of "A" Avenue located south of East 28th Street and north of East 29th Street. (Applicant: Frank Motors) (Case File No. 2013-23 SC) (P CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 6, 2010 AGENDA ITEM NO. ITEM TITLE: !Resolution of the City Council of the City of National City denying a street vacation request for vacation of a segment of "A" Avenue located south of East 28th Street and north of East 29th Street. (Applicant: Frank Motors) (Case File No. 2013-23 SC). PREPARED BY: (Martin Reeder, AICP PHONE: 619-336-4313; EXPLANATION: DEPARTMENT: jPl APPROVED BY: 'n`74110.470 The City Council held public hearings on December 16, 2014, March 17, 2015, June 2, 2015, June 7, 2016, and finally on June 21, 2016. At the June 21s1 public hearing the City Council closed the public hearing and asked staff to bring back a resolution for denial of the applicants' street vacation request based on current and prospective public use of the street proposed to be vacated. At the Council meeting of August 2, 2016, a vote to adopt the denial resolution failed, at which time the Council asked staff to bring back a subsequent resolution to approve the vacation request. The approval resolution was on the August 16, 2016 Council agenda, but adoption of the resolution failed for lack of a second. The City Council asked staff to return with a second denial resolution at a subsequent meeting. The attached resolution is needed to take action on the item. FINANCIAL STATEMENT: ACCOUNT NO. f ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: STAFF RECOMMENDATION: Adopt the attached Resolution FINAL ADOPTION: BOARD / COMMISSION RECOMMENDATION: N/A APPROVED: APPROVED: ATTACHMENTS: Resolution CC/CDC-HA Agenda 9/6/2016 — Page 47 The following page(s) contain the backup material for Agenda Item: Fiscal Year 2015 Comprehensive Annual Financial Report (CAFR) and Popular Annual Financial Report (PAFR) awards. (Finance) Item # 09/06/16 Fiscal Year 2015 Comprehensive Annual Financial Report (CAFR) and Popular Annual Financial Report (PAFR) awards (Finance).