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For Leah - 10-04-16 CC HA Agenda Packet
AGENDA 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, OCTOBER 4, 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 1 of 355 CC/CDC-HA Agenda 10/4/2016 — 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. 2 of 355 CC/CDC-HA Agenda 10/4/2016 — Page 3 OPEN TO THE PUBLIC A. CITY COUNCIL CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG PUBLIC COMMENTS (THREE -MINUTE TIME LIMIT) PROCLAMATIONS AWARDS AND RECOGNITIONS PRESENTATIONS INTERVIEWS / APPOINTMENTS Interviews and Appointments: Boards & Commissions. (City Clerk) 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 September 6, 2016. (City Clerk) 4. Resolution of the City Council of the City of National City authorizing the City Manager to execute the Memorandum of Understanding between the San Diego Association of Governments, a California Public Agency (SANDAG), on behalf of the Automated Regional Justice Information System, a California Joint Powers Agency (ARJIS), collectively referred to herein as SANDAG-ARJIS, Contributing Member Agencies (CMAs) that contribute law enforcement data to the ARJIS Enterprise, and Participating Member Agencies (PMAs) for the use and access of regional data in the Automated Regional Justice Information System Enterprise. (Police) 5. Resolution of the City Council of the City of National City authorizing the 30-day review and public comment of the National City Police Department's grant application in the amount of $25,397 to the 2016 3 of 355 CC/CDC-HA Agenda 10/4/2016 — Page 4 Edward Byrne Memorial Justice Assistance Grant (JAG) Program to purchase Motorola handheld radios, and Tactical SWAT vests, and authorizing the acceptance of the grant award, and authorizing the expenditure of grant funds. (Police) 6. Resolution of the City Council of the City of National City, 1) increasing the contract with Fordyce Construction, Inc. in the not -to -exceed amount of $120,000, for a total not -to -exceed contract amount of $494,077.75, to provide additional repairs and facility improvements to address unforeseen conditions discovered during construction of the Las Palmas Park Municipal Pool/Camacho Gym/Fire Station 31 Improvements Project, CIP No. 16-02; 2) ratifying execution of Change Order No. 7 in the amount of $50,835 to properly dispose of asbestos and lead -based paint materials contained in the bungalows located in the Pepper Park parking lot; and 3) authorizing the appropriation of $25,000 in the Fire Station 31 Improvements CIP expenditure account from General Fund fund balance. (Engineering/Public Works) 7. Resolution of the City Council of the City of National City authorizing the establishment of an appropriation and corresponding revenue budget in the amount of $8,291.78 from the County of San Diego Lower Sweetwater Fire Protection District "Equipment Replacement Plan" and authorize the purchase of two treadmills for the National City Fire Department. (Fire) 8. Resolution of the City Council of the City of National City authorizing the installation of 80 feet of bus loading with signage, Monday to Friday from 9:00am to 1:OOpm, on the west side of "F" Avenue just south of E. 18th Street, adjacent to the Stein Family Farm, to allow for loading and unloading of students during field trips (TSC No. 2016-06). (Engineering/Public Works) 9. Resolution of the City Council of the City of National City authorizing the installation of 40 feet of additional red curb "No Parking" on the north side of E. 8th Street, just east of Arcadia Avenue, to enhance visibility for drivers exiting Arcadia Avenue onto E. 8th Street (TSC No. 2016-07). (Engineering/Public Works) 10. Resolution of the City Council of the City of National City authorizing the installation of a blue curb handicap parking space with sign in front of the residence at 127 1/2 W. 12th Street (TSC No. 2016-10). (Engineering/Public Works) 11. Investment transactions for the month ended July 31, 2016. (Finance) 12. Warrant Register #9 for the period of 08/24/16 through 08/30/16 in the amount of $4,188,630.32. (Finance) 4 of 355 CC/CDC-HA Agenda 10/4/2016 — Page 5 13. Warrant Register #10 for the period of 08/31/16 through 09/06/16 in the amount of $1,387,773.65. (Finance) PUBLIC HEARINGS 14. Continued Public Hearing — Conditional Use Permit for beer and wine sales at Gama Produce located at 1605 East 4th Street. (Applicant: Susana Maza) (Case File 2015-28 CUP) (Planning) ORDINANCES FOR INTRODUCTION 15. An Ordinance of the City Council repealing Chapter 10.18 (Beekeeping) and adding Chapter 8.34 to Title 8 of the National City Municipal Code to allow Beekeeping in the City of National City. (Applicant City -Initiated) (Case File 2016-05 A) (Planning) ORDINANCES FOR ADOPTION 16. Ordinance of the City Council of the City of National City adding Chapter 2.62 to the National City Municipal Code adopting informal bidding procedures under the California Uniform Public Construction Cost Accounting Act (CUPCCAA). (Engineering/Public Works) NON CONSENT RESOLUTIONS 17. Resolution of the City Council of the City of National City adopting informal bidding procedures under the California Uniform Public Construction Cost Accounting Act and those additional accounting procedures established by the California Uniform Construction Cost Accounting Commission. (Engineering/Public Works) NEW BUSINESS 18. City Manager Working Group Report and Recommendation on the Creation of a Military Advisory Committee. (City Manager) 19. City Council Review of League of California Cities 2016 Annual Conference Resolution. (City Manager) 20. Report from the Civil Service Commission to the City Council of the City of National City. (Human Resources) 21. Dispensing with the January 3, 2017 Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City. (City Clerk) B. COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY 5 of 355 CC/CDC-HA Agenda 10/4/2016 — Page 6 PUBLIC HEARINGS- HOUSING AUTHORITY CONSENT RESOLUTIONS- HOUSING AUTHORITY NON CONSENT RESOLUTIONS- HOUSING AUTHORITY 22. 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 Community HousingWorks, Inc., a California non-profit public benefit corporation, and Mercy Housing California, Inc., a California non-profit public benefit corporation for the recapitalization and rehabilitation of Kimball and Morgan Towers located at 1317 and 1415 D Avenue in National City. (Housing & Economic Development) NEW BUSINESS- HOUSING AUTHORITY C. REPORTS STAFF REPORTS 23. Closing Remarks by City Attorney Claudia Silva. (City Attorney) MAYOR AND CITY COUNCIL CLOSED SESSION REPORT ADJOURNMENT Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday - October 18, 2016 - 6:00 p.m. - Council Chambers - National City, California. 6 of 355 CC/CDC-HA Agenda 10/4/2016 — Page 7 The following page(s) contain the backup material for Agenda Item: Interviews and Appointments: Boards & Commissions. (City Clerk) 7 of 355 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 4, 2016 AGENDA ITEM NO. ITEM TITLE: Interviews and Appointments: Boards & Commissions. (City Clerk) PREPARED BY: Michael R. Della DEPARTMENT: City CI APPROVED 619-336-4226 BY: n EXPLANATION: See attached background report. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance STAFF RECOMMENDATION: (Conduct Interview BOARD 1 COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Background Report 2. Applications 8 of 355 BOARDS & COMMISSIONS - CURRENT VACANCY (Community and Police Relations Commission) October 4, 2016 COMMUNITY AND POLICE RELATIONS COMMISSION CPRC (Appointing Authority: Mayor subject to confirmation by City Council) There is one unexpired term on the CPRC. There are two new applications (Lance Mirkin and Derek Jones). Name Interviewed Lance Mirkin No Derek Jones No 9 of 355 CITY C! NATIONAL. ant APPLICATION FOR APPOINTIMMIT TO Clay BOARDS, COMMISSIONS. MID COMMITTEES Civil Service Commission - Planning Commission Community & Police Relations Commission* (CPRC) Public Art Committee* Library Board of ` Metes Traffic Safety Committee f" Parks, R meation & Senior Citizens Advisory Board Nets: Applicants must be residence of the City of National City except for those markedby an* Applicants for the Community and Police Relations Commission must pass a craning) background check prior to appointment. Name: 1,4tk.s,141a i t 1..4 rt. Horne Address: ) .7 1 o Business Afiian: Titter: Business Address: Tel. N Tel. No.: Length of Residence in National City:. "2._. San Diego County: ; California: 4 EducatiOnal Background:Ar S 51 1.-ter L S / - . Cbitt Occupareortal Experience: Jemdij i,{ Professional or Technical O ant ation Membersh ips: hips: Civic or Community Experience, Membership, or Previous Public Service Appointments: et 4h,nilt' ; ice- ter�. .�� C , Experience or Special Knowledge Pertaining to Area or Interest: Have you ever been convicted of a felony crime? No , Yes: misdemeanor crime? No:„.Yes: If any convi€ ions were expunged disclosure is not required. Convictions arenot necessarily disqualifying. ' Please feel free to provide an explanation or information regarding yes answerito a above two questions. -� 6•c_71- Ikeca Date: pp Sign Please feel free to prove ad r onai information or letters of endDrs ei . e Please return completed form to: Office of the City Clerk 1243 National City Blvd, National City, CA 91960 Thank you for your interest in serving the City of National City. `Residency requiternenta may not apply This documents is filed a a public. document r ,i ...r ry7 b4•10:: llir t Revised; Docember2015 10 of 355 SuPPlementalApplication: 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 concerns, comment about police conduct, practices end 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 Pollee Department policies and procedures toward the goals of safeguarding the rights of persons and :promoting higher standards of competency, efficiency and justice in tfie provision of community policing services. Applicants must be completely forthright and truthful during the application process. Applicants may be disqualified in the background process as a result of dishonesty and/or purposely omitting information regarding one's criminal history. Given the complexxity 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 bean expunged disclosure is not required. Have you ever been convicted of a felony crime: No: Yes: Have you been convictedof a misdemeanor No: C 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 q uestions. 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 11 of 355 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Civil Service Commission Planning Commission X 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: et ne Nome Address: 113. hert.ekat terVTel. No.: f •-F9° 27/ Business Affiliation: i0 P L.- 6-Lib11t OP1 Tite: 6re- C4 1 + i Business Address: 3 '3 , 1 We,Ao eiv - Tel. No.: kl 336 YJ 3 ' Length of Residence in National City: /4 San Diego County; California: 4/3 Educational Background: (4.5504 frte, crF `c v, . ristd lenCef PiV4VVer);c—s 5:1*e C 'ic>~ ': +r=c •Ceer. Occupational Experience: ri * e. & cvt.ee 4b.s ek 4' Si Profession j I or Technical Organization Memberships: LoCA-1 a7Y rd�►,wL C, -i try 540 Civic or Community Experience, Membership, or Previous Public ServioR Appointments: �} { ScP:VIA C.. Ct3rNY ml S rP.�.., .1 fie, And—. is 14A1.... C`t`S i s r 2b rig Experience or Speci i Can ied a Pertaining to Area of Interest: o {,,,,(;-1-5 QcU ems.; 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:g-27-16 Signature: Please feel free to provide additional lrt'rnation 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 docum Revd: Demmer 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 concerns, 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 procedures toward 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. Applicants may be disqualified in the background process as a result of dishonesty and/or purposely omitting 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:A 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 13 of 355 CC/CDC-HA Agenda 10/4/2016 — Page 14 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) 14 of 355 Item # 10/04/16 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) 15 of 355 CC/CDC-HA Agenda 10/4/2016 — Page 16 The following page(s) contain the backup material for Agenda Item: Approval of the Minutes of the Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City of September 6, 2016. (City Clerk) 16 of 355 Item # 10/04/16 APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF SEPTEMBER 6, 2016. (City Clerk) 17 of 355 Book 98 / Page 146 09-06-2016 DRAFT DRAFT DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY September 6, 2016 The Adjourned Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City was called to order at 6:12 p.m. by Mayor / Chairman Ron Morrison. ROLL CALL Council / Board members present: Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Administrative Officials present: Dalla, Deese, Denham, Duong, Manganiello, Parra, Raulston, Roberts, Silva, Stevenson, Tellez, Williams, Ybarra. Others present: City Treasurer Mitch Beauchamp and Student Representative Jose Estrada. PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON PUBLIC COMMENTS Sunshine Horton, El Cajon, said she was sad because of all the law enforcement deaths across the nation and urged people to speak positively about police officers and stressed the importance of coming together to promote good things. Brian Clapper, National City, spoke in support of the CUP application from Gama Produce. David Garcia, National City, spoke in support of Gama Produce. Susana Maza, the owner of Gama Produce, inquired about the status of her CUP application and requested that Jacqueline Reynoso read a letter on her behalf that was written on August 16, 2016. Copy on file in the Office of the City Clerk. Member Rios asked that Item No. 25 be moved up. PROCLAMATIONS PROCLAMATION ADMIN (102-2-1) 1. September 2016 National Preparedness Month Proclamation 18 of 355 Book 98 / Page 147 09-06-2016 AWARDS AND RECOGNITIONS PERSONNEL NEW EMPLOYEE INTRODUCTION PROGRAM (604-2-2) 2. Introduction of new City employee, Megan Gamwell, Economic Development Specialist. (Housing & Economic Development) CITY COUNCIL CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 3 (NCMC), Item Nos. 4 through 13 (Resolution No. 2016-125 through 2016-134), Item Nos. 14 and 15 (Warrant Registers). Motion by Cano, seconded by Mendivil, to pull Item Nos. 5 and 7 and to approve the remainder of the Consent Calendar. Carried by unanimous vote. MUNICIPAL CODE 2016 (506-2-31) 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) ACTION: Approved. See above. CONTRACT (C2014-1) 4. Resolution No. 2016-125. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY 1) 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), FOR THE PROGRAM PERIOD RETROACTIVE FROM JULY 1, 2016 TO DECEMBER 31, 2017; 2) AUTHORIZING THE ACCEPTANCE & ESTABLISHMENT OF APPROPRIATIONS AND A CORRESPONDING REVENUE BUDGET FOR THE R3 GRANT IN THE AMOUNT OF $45,000. (Police) ACTION: Adopted. See above. 19 of 355 Book 98 / Page 148 09-06-2016 CONSENT CALENDAR (cont.) LABOR RELATIONS CONFIDENTIAL EMPLOYEES (605-5-00) 5. Resolution No. 2016-126. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING ADJUSTMENTS TO THE COMPENSATION PLAN FOR THE CONFIDENTIAL EMPLOYEE GROUP OVER A THREE YEAR TERM INCLUDING, BUT NOT LIMITED TO A 2% SALARY ADJUSTMENT IN YEAR ONE (EFFECTIVE JULY 5, 2016) FOR ALL CONFIDENTIAL EMPLOYEE GROUP CLASSIFICATIONS, WITH ADDITIONAL ADJUSTMENTS IN YEARS TWO AND THREE; AND APPROVING THE SALARY SCHEDULE FOR THE CONFIDENTIAL EMPLOYEE GROUP FOR FISCAL YEAR 2017 IN COMPLIANCE WITH THE REQUIREMENTS of the California Public Employees Retirement System (CaIPERS). (Human Resources) ACTION: Motion by Mendivil, seconded by Cano, to adopt the Resolution. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison, Sotelo-Solis. Nays: Rios. Abstain: None. Absent: None. LABOR RELATIONS POA MOU 2016-2019 (605-3-12) 6. Resolution No. 2016-127. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A SIDE LETTER AGREEMENT TO ARTICLE 12 OF THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY AND THE NATIONAL CITY POLICE OFFICERS' ASSOCIATION, EDUCATION/POST CERTIFICATE INCENTIVE PAY. (Human Resources) ACTION: Adopted. See above. CONTRACT (C2014-8) TEMPORARY USE PERMITS 2016 (203-1-32) 7. Resolution No. 2016-128. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A TEMPORARY USE PERMIT PREPARED BY THE SAN DIEGO UNIFIED PORT DISTRICT TO ALLOW FOR STORAGE OF TWO TRAILERS FORMERLY USED AS A TEMPORARY YOUTH AQUATIC CENTER, LOCATED IN THE PEPPER PARK PARKING LOT. (Engineering/Public Works) ACTION: Motion by Sotelo-Solis, seconded by Mendivil, to adopt the Resolution. Carried by unanimous vote. 20 of 355 Book 98 / Page 149 09-06-2016 CONSENT CALENDAR (cont.) CONTRACT (C2014-13) 8. Resolution No. 2016-129. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY 1) AUTHORIZING THE ACCEPTANCE & ESTABLISHMENT OF APPROPRIATIONS AND CORRESPONDING REVENUE BUDGET FOR THE OPERATION ALLIANCE TASK FORCE (OATF) THROUGH THE CALIFORNIA BORDER ALLIANCE GROUP (CBAG), SOUTHWEST BORDER HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT IN THE AMOUNT OF $148,000. 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 PARTIALLY FOR TWO (2) NATIONAL CITY POLICE OFFICERS' SALARY, BENEFITS, OVERTIME, AND VEHICLE ALLOWANCE IN THE AMOUNT OF $148,000. (Police) ACTION: Adopted. See above. CONTRACT (C2016-35) 9. Resolution No. 2016-130. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE A BANK -DEPOSITOR AGREEMENT, FACSIMILE SIGNATURE AGREEMENT, AND CONTRACT FOR DEPOSIT OF MONEYS WITH CITIZENS BUSINESS BANK TO ESTABLISH A TRUST ACCOUNT WITH ADMINSURE, INC. AS THE THIRD PARTY ADMINISTRATOR FOR THE CITY'S WORKERS COMPENSATION CLAIMS. (Finance) ACTION: Adopted. See above. STATEMENT OF ECONOMIC INTERESTS ADMIN (503-10-1) 10. Resolution No. 2016-131. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING AN AMENDED CONFLICT OF INTEREST CODE WHICH INCORPORATES BY REFERENCE THE FAIR POLITICAL PRACTICES COMMISSION'S STANDARD MODEL CONFLICT OF INTEREST CODE, AND RESCINDING RESOLUTION NO. 2012-192. (City Attorney) ACTION: Adopted. See above. 21 of 355 Book 98 / Page 150 09-06-2016 CONSENT CALENDAR (cont.) CONTRACT (C2016-36) 11. Resolution No. 2016-132. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE CITY'S JURISDICTION IN THE CSCDA OPEN PACE PROGRAMS; AUTHORIZING THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY TO ACCEPT APPLICATIONS FROM PROPERTY OWNERS, CONDUCT CONTRACTUAL ASSESSMENT PROCEEDINGS AND LEVY CONTRACTUAL ASSESSMENTS WITHIN THE CITY'S JURISDICTION; AUTHORIZING THE MAYOR TO EXECUTE INDEMNIFICATION AND INSURANCE AGREEMENTS WITH PARTICIPATING ADMINISTRATORS; AND AUTHORIZING RELATED ACTIONS. (Housing & Economic Development) ACTION: Adopted. See above. CONTRACT (C2015-42) 12. Resolution No. 2016-133. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AN INCREASE TO THE CONTRACT WITH KINSMAN CONSTRUCTION, INC. IN THE NOT TO EXCEED AMOUNT OF $80,000 FOR THE POLICE DEPARTMENT BUILDING IMPROVEMENTS PROJECT, CIP NO. 15-06, TO COMPLETE PLANTER LANDSCAPING, IRRIGATION, REMAINING ELECTRICAL AND BUILDING IMPROVEMENTS. (Engineering/Public Works) ACTION: Adopted. See above. LABOR RELATIONS EXEC / MID MGMT EMPLOYEES (605-2-1) 13. Resolution No. 2016-134. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE EXECUTIVE COMPENSATION PLAN BY REVISING A POSITION TITLE FROM DIRECTOR OF HOUSING GRANTS & ASSET MANAGEMENT TO DIRECTOR OF HOUSING AND ECONOMIC DEVELOPMENT IN RECOGNITION OF THE RETITLED DEPARTMENT. (Human Resources) ACTION: Adopted. See above. WARRANT REGISTER JULY 2016 - JUNE 2017 (202-1-31) 14. Warrant Register #4 for the period of 07/20/16 through 07/26/16 in the amount of $1,436,022.14. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2016 - JUNE 2017 (202-1-31) 15. Warrant Register #5 for the period of 07/27/16 through 08/02/16 in the amount of $3,388,476.98. (Finance) ACTION: Ratified. See above. 22 of 355 Book 98 / Page 151 09-06-2016 Item No. 25 was taken up next. NON CONSENT RESOLUTIONS ENGINEERING / PUBLIC WORKS DEPT - GRANTS / REPORTS ADMIN (1104-1-1) 25. Resolution No. 2016-143. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) ACCEPTING A $12,000 GRANT FROM THE GREATER SAN DIEGO CITY TENNIS COUNCIL FOR REPAIRS TO ALL FOUR TENNIS COURTS AT EL TOYON PARK; 2) ACCEPTING THE GRANT REQUIREMENT TO PROVIDE ON -GOING MAINTENANCE OF THE TENNIS COURTS; 3) ACCEPTING THE GRANT REQUIREMENT TO HOST AN ANNUAL "FAMILY DAY"; AND 4) AUTHORIZING THE APPROPRIATION OF $36,000 IN THE EL TOYON PARK IMPROVEMENTS CIP ACCOUNT FROM PARK & RECREATION CAPITAL OUTLAY FUND FUND BALANCE AS A GRANT MATCH. (Engineering/Public Works) RECOMMENDATION: Adopt the Resolution. TESTIMONY: Yen Dang Hager, spoke in support of the Resolution. Taharah Hager and Taylor Farmer, National City, spoke in support. Delbert Temple, Chula Vista, spoke in support. ACTION: Motion by Sotelo-Solis, seconded by Rios, to adopt the Resolution. Carried by unanimous vote PUBLIC HEARINGS CITY WIDE HOUSING ADMIN (303-4-1) 16. Public Hearing as required by Section 147(f) of the Internal Revenue Code of 1986 by the City Council of the City of National City to consider the proposed issuance by California Municipal Finance Authority of its revenue bonds in an amount that is not -to -exceed $50,000,000 to finance the acquisition and rehabilitation of an existing 180-unit affordable multifamily housing project commonly known as Granger Apartments located at 2700 East 8th Street in National City. (Housing & Economic Development) RECOMMENDATION: Conduct the Public Hearing. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Cano, to close the Public Hearing. Carried by unanimous vote. 23 of 355 Book 98 / Page 152 09-06-2016 NON CONSENT RESOLUTIONS CONTRACT (C2016-37) 17. Resolution No. 2016-135. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING MEMBERSHIP IN THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY (AUTHORITY), AUTHORIZING THE MAYOR TO EXECUTE AN INDEMNIFICATION AND INSURANCE AGREEMENT WITH SDG HOUSING PARTNERS, LLC; AND APPROVING THE ISSUANCE OF REVENUE BONDS BY THE AUTHORITY TO FINANCE A 180-UNIT MULTIFAMILY AFFORDABLE HOUSING FACILITY FOR THE BENEFIT OF GRANGER HOUSING, L.P. AND CERTAIN OTHER MATTERS RELATING THERETO. (Housing & Economic Development) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Mendivil, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. CONTRACT (C2016-38) 18. Resolution No. 2016-136. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE CITY'S JURISDICTION IN THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY OPEN PACE PROGRAMS; AUTHORIZING THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY TO ACCEPT APPLICATIONS FROM PROPERTY OWNERS, CONDUCT CONTRACTUAL ASSESSMENT PROCEEDINGS AND LEVY CONTRACTUAL ASSESSMENTS WITHIN THE CITY'S JURISDICTION; AUTHORIZING THE MAYOR TO EXECUTE INDEMNIFICATION AND INSURANCE AGREEMENTS WITH PARTICIPATING ADMINISTRATORS; AND AUTHORIZING RELATED ACTIONS. (Housing & Economic Development) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Rios, to adopt the Resolution. Carried by unanimous vote. 24 of 355 Book 98 / Page 153 09-06-2016 NON CONSENT RESOLUTIONS (cont.) STREET VACATION ADMIN 2011-2020 (902-26-6) 19. Resolution No. 2016-137. 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) RECOMMENDATION: Adopt the Resolution. TESTIMONY: Joseph Leon, National City, spoke in support of the Resolution. Ron Fornaca, representing Frank Motors, discussed a proposal that was presented to him by a resident regarding a possible street light. ACTION: Motion by Sotelo-Solis, seconded by Mendivil, to table the Resolution and set the matter for Public Hearing to consider any new information regarding a street light. Carried by the following vote, to -wit. Ayes: Mendivil, Morrison, Rios, Sotelo-Solis. Nays: Cano. Abstain: None. Absent: None. CONTRACT (C2016-39) TOWING SERVICES POLICY ADMIN (806-1-1) 20. Resolution No. 2016-138. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING AND AUTHORIZING THE MAYOR TO EXECUTE AGREEMENTS FOR TOWING AND IMPOUND SERVICES WITH THE TOP TWO -RANKED PROVIDERS: A TO Z ENTERPRISES, INC., DBA ROAD ONE TOWING AND ALEXANDRA INVESTMENTS, INC., DBA ANGELO'S TOWING AND RECOVERY WITH A TERM OF OCTOBER 1, 2016 - SEPTEMBER 30, 2018. (Police) RECOMMENDATION: Adopt the Resolution. TESTIMONY: Representatives from both companies were present and responded to questions. ACTION: Motion by Rios, seconded by Cano, to adopt the Resolution. Carried by unanimous vote 25 of 355 Book 98 / Page 154 09-06-2016 NON CONSENT RESOLUTIONS (cont.) CONTRACT (C2016-40) 21. Resolution No. 2016-139. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH MICHAEL BAKER INTERNATIONAL, INC. FOR A NOT -TO -EXCEED AMOUNT OF $900,000 TO PROVIDE ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM (CIP), INCLUDING, BUT NOT LIMITED TO, CIVIL ENGINEERING, CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES. (Engineering/Public Works) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Mendivil, to adopt the Resolution. Carried by unanimous vote CONTRACT (C2004-55) 22. Resolution No. 2016-140. 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 THE NEXT GENERATION REGIONAL COMMUNICATION SYSTEM (NEXTGEN RCS) INFRASTRUCTURE COSTS TOTALING $1,270,762.58 WITHOUT INTEREST, WITH TEN ANNUAL PAYMENTS IN THE AMOUNT OF $147,379.98 (INTEREST RATE OF 2.79%). (Police and Fire) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Cano, to adopt the Resolution. Carried by unanimous vote EQUIPMENT / VEHICLE PURCHASE ADMIN (209-1-1) 23. Resolution No. 2016-141. 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 ELEVEN FULLY EQUIPPED POLICE VEHICLES TO FOLSOM LAKE FORD IN AN AMOUNT NOT TO EXCEED $553,138.48; 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 $43,198.69; AND, 3) TO APPROPRIATE AN ADDITIONAL $1,337.17 FROM AVAILABLE 26 of 355 Book 98 / Page 155 09-06-2016 NON CONSENT RESOLUTIONS (cont.) EQUIPMENT / VEHICLE PURCHASE ADMIN (209-1-1) 23. Resolution No. 2016-141 (continued). FUND BALANCE IN THE VEHICLE REPLACEMENT FUND. (Engineering/Public Works) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Cano, to adopt the Resolution. Carried by unanimous vote CONTRACT (C2016-41) 24. Resolution No. 2016-142. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY IN SUPPORT OF THE COMPROMISE TO CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PROJECT ALTERNATIVE 4 FOR THE SAN DIEGO PORT DISTRICT'S MASTER PLAN AMENDMENT AND NATIONAL CITY MARINE TERMINAL TANK FARM PAVING AND STREET CLOSURES PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING REGARDING THE PARTIES INTENT IN SUPPORTING THE COMPROMISE. (Planning) RECOMMENDATION: Adopt the Resolution. TESTIMONY: Port Commissioner Dukie Valderrama responded to questions and spoke in support. Mitch Beauchamp, National City, inquired about who will be responsible for the underground fuel lines. ACTION: Motion by Mendivil, seconded by Cano, to adopt the Resolution. Carried by unanimous vote ENGINEERING / PUBLIC WORKS DEPT - GRANTS / REPORTS ADMIN (1104-1-1) 25. Resolution No. 2016-143. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) ACCEPTING A $12,000 GRANT FROM THE GREATER SAN DIEGO CITY TENNIS COUNCIL FOR REPAIRS TO ALL FOUR TENNIS COURTS AT EL TOYON PARK; 2) ACCEPTING THE GRANT REQUIREMENT TO PROVIDE ON -GOING MAINTENANCE OF THE TENNIS COURTS; 3) ACCEPTING THE GRANT REQUIREMENT TO HOST AN ANNUAL "FAMILY DAY"; AND 4) AUTHORIZING THE APPROPRIATION OF $36,000 IN THE EL TOYON PARK IMPROVEMENTS CIP ACCOUNT FROM PARK & RECREATION CAPITAL OUTLAY FUND FUND BALANCE AS A GRANT MATCH. (Engineering/Public Works) ACTION: Item was taken up earlier in the meeting. See above. 27 of 355 Book 98 / Page 156 09-06-2016 NON CONSENT RESOLUTIONS (cont.) COUNCIL POLICY MANUAL (102-13-1) 26. Resolution No. 2016-144. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING AMENDED CITY COUNCIL POLICY #118 — CITY COUNCIL ATTENDANCE AT STAFF -LEVEL WORKING GROUPS. (City Manager) RECOMMENDATION: None. TESTIMONY: None. ACTION: Motion by Mendivil, seconded by Cano, to adopt the Resolution. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison. Nays: Rios, Sotelo-Solis. Abstain: None. Absent: None. NEW BUSINESS PLANNING & BUILDING DEPT ADMIN (1104-1-10) 27. Report on Marina Gateway Sites A & B development proposal by Sycuan Tribal Development Corporation (STDC) within the context of existing and anticipated plans such as the Balanced Plan. (Planning) RECOMMENDATION: Direct staff to work with Sycuan Tribal Development Corporation to develop an entitlement application for the development of the Successor Agency's Sites A & B. TESTIMONY: Ron Cordoba, representing Sycuan, responded to questions. ACTION: The consensus was to support staff's recommendation. There was no vote. COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY CONSENT RESOLUTIONS — HOUSING AUTHORITY CONTRACT (C2016-42) HOUSING AUTHORITY 2016 (404-1-5) 28. Resolution No. 2016-40. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE A SUBORDINATION AGREEMENT ALLOWING A NEW MORTGAGE THAT IS NOT -TO -EXCEED $296,000 TO BE AND REMAIN A LIEN PRIOR AND SUPERIOR TO A HOME PURCHASE ASSISTANCE LOAN ON A SINGLE -UNIT PROPERTY LOCATED AT 929 EAST 13TH STREET IN NATIONAL CITY. (Housing & Economic Development) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. 28 of 355 Book 98 / Page 157 09-06-2016 CONSENT RESOLUTIONS — HOUSING AUTHORITY CONTRACT (C2016-42) HOUSING AUTHORITY 2016 (404-1-5) 28. Resolution No. 2016-40 (continued). ACTION: Motion by Rios, seconded by Sotelo-Solis, to adopt the Resolution. Carried by unanimous vote STAFF REPORTS FINANCE DEPT ADMIN (1104-1-13) 29. Fiscal Year 2015 Comprehensive Annual Financial Report (CAFR) and Popular Annual Financial Report (PAFR) awards. (Finance) CITY ATTORNEY REPORTS (509-1-3) 30. Update on Proposition 64 — the California Marijuana Legalization Initiative to legalize recreational marijuana. (City Attorney) City Attorney Claudia Silva announced her resignation effective in October. She will be moving on to the County of San Diego to be the Deputy County Council. Staff requested to come back at the next meeting with short and long term options and recommendations for recruitment. Deputy City Manager Stacey Stevenson advised that a Workshop is scheduled on September 20, 2016 at 5:00 p.m. for the City Council to review the Fire Department squad concept and get further direction from the Council. MAYOR AND CITY COUNCIL 31. Elected Official Participants on City Manager Working Group (City staff and Port staff working group) Report Out. Mayor Morrison reported that there were no new items not previously discussed by the City Council. The Mayor said the working group has been a great help in bringing staff and policy makers together to communicate and have input. Student Representative Jose Estrada informed the City Council that three areas of concern he has heard from his piers include the need for more bike lanes, especially on the east side of town; more street lights and additional improvements to roads. They also appreciate the improvements to the park and recreation facilities. 29 of 355 Book 98 / Page 158 09-06-2016 MAYOR AND CITY COUNCIL (cont.) City Treasurer Beauchamp credited City Manager Deese with providing the staffing necessary for the City to be awarded the Comprehensive Annual Financial Report (CAFR) and Popular Annual Financial Report (PAFR) awards; expressed concern about the potential impacts to the community of the marijuana initiatives and the impacts resulting from the closure of the ITT educational facility. Mr. Beauchamp suggested possible use of the railroad tracks on Cleveland Avenue. Member Mendivil congratulated the City Manager and Finance Staff for the awards the City received, complimented the Auto Heritage event at Kimball Park and expressed concern that the Port District's Pepper Park is not looking so good. Member Sotelo-Solis also praised the Auto Heritage event, suggested the WI- TOD project as a possible site for vehicle charging units, requested an update on the status of cap -and -trade efforts, extended belated Labor Day greetings and highlighted the achievements of the Labor Movement. Member Rios reported on two events she attended the Southwestern College Phase II Groundbreaking and the reception for the new Superintendent of the National School District, Dr. Leangela Brady. Member Rios inquired about the possibility and process for having a fire engine participate in the Maytime Parade. Vice Mayor Cano stated, "I deny the comments made during Public Oral Communication. It is all false and I just want to say that I deny it". Mayor Morrison reported that Mr. Herbert Schoenfeld, the longtime owner of H and M Goodies, died and his services will be on Friday at 10:00 a.m. The Mayor recommended consideration be given to locating electric car charging stations at trolley stations. CLOSED SESSION REPORT City Attorney Claudia Silva stated there was nothing to report from the Closed Session. (See attached Exhibit `L') 30 of 355 Book 98 / Page 159 09-06-2016 ADJOURNMENT Motion by Sotelo-Solis, seconded by Mendivil, to adjourn the meeting to the next Adjourned Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City to be held Tuesday, September 20, 2016 at 5:00 p.m. at the Council Chambers, National City, California. Carried by unanimous vote. The Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City to be held Tuesday, September 20, 2016 at 6:00 p.m. at the Council Chambers, National City, California. The meeting closed at 10:07 p.m. City Clerk The foregoing minutes were approved at the Regular Meeting of October 4, 2016. Mayor 31 of 355 EXHIBIT `L' CALIFORNIA NATIONAL MY 133/ INCORPORATED AGENDA OF A SPECIAL MEETING CITY COUNCIL OF THE CITY OF NATIONAL CITY Main Conference Room Civic Center 1243 National City Boulevard National City, California Special Meeting — Tuesday, September 6, 2016 — 5:00 p.m. ROLL CALL CLOSED SESSION CITY COUNCIL 1. Conference with Legal Counsel — Anticipated Litigation Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2) and (e)(1) One Claim/Potential Case 2. Conference with Legal Counsel — Anticipated Litigation Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4) One Potential Case ADJOURNMENT Next Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City will be held Tuesday, September 6, 2016, 6:00 p.m., Council Chambers, Civic Center 32 of 355 CC/CDC-HA Agenda 10/4/2016 — Page 33 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 execute the Memorandum of Understanding between the San Diego Association of Governments, a California Public Agency (SANDAG), on behalf of the Automated Regional 33 of 355 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 4, 2016 AGENDA ITEM NO. ITEM TITLE: [Resolution of the City Council of the City of National City authorizing the City Manager to execute the Memorandum of Understanding between the San Diego Association of Governments, on behalf of the Automated Regional Justice information System, ("ARJIS"), collectively referred to herein as "SANDAG-ARJIS," Contributing Member Agencies ("CMAs") that contribute law enforcement data to the ARJIS Enterprise, and Participating Member Agencies ("PMAs") for the use and access of regional data in the in the Automated Regional Justice Information System Enterprise. I PREPARED BY: Manuel Rodriguez, Chief of Police PHONE: (619) 336-4511 EXPLANATION: Refer to Narrative. DEPARTMENT: P APPROVED BY. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. I APPROVED: MIS I 1 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: !Approve the Resolution I BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. [Copy of the SANDAG-ARJIS Data Sharing MOU 2. Copy of ARJIS License Plate Reader System Acceptable Use Policy (Exhibit 1A) 3. Copy of ARJIS Facial Recognition System Acceptable Use Policy (Exhibit 1 B) I 34 Ot 35b I NATIONAL CITY POLICE DEPARTMENT STAFF REPORT DATE: September 15, 2016 SUBJECT: Resolution authorizing the City Manager to execute the Memorandum of Understanding among SANDAG-ARJIS and Member Agencies, to include the National City Police Department. SUMMARY It is recommended the City Council authorize the City Manager to execute the Memorandum of Understanding among SANDAG-ARJIS and Member Agencies, to include the National City Police Department, for the use and access of regional data in the Automated Regional Justice Information System (ARJIS) Enterprise. BACKGROUND This Memorandum of Understanding is made and entered into between the San Diego Association of Governments, a California Public Agency ("SANDAG"), on behalf of the Automated Regional Justice Information System, a California Joint Powers Agency ("ARJIS"), collectively referred to herein as "SANDAG-ARJIS," Contributing Member Agencies ("CMAs") that contribute law enforcement data to the ARJIS Enterprise, and Participating Member Agencies ("PMAs"). ARJIS host a complex law enforcement information system that contains information about a variety of official police incidents generated by law enforcement agencies in the San Diego Region. Currently, there are eleven Contributing Member Agencies providing crime, arrest, and other incident data to ARJIS. The regional data maintained by ARJIS includes, but is not limited to, police incidents entered by CMAs such as crime reports, arrest reports, traffic citation, traffic accidents, and field interviews. These data are maintained in the ARJIS Enterprise. The system is protected by firewalls, access control lists, and user authentication. ARJIS meets both California DOJ and Federal Bureau of Investigations Criminal Justice Information Services network security standards. ARJIS has a regional data warehouse for the integration, storage, and sharing of regional law enforcement information. The regional data provides a comprehensive criminal justice view of 35 of 355 the region. The data is used for tactical day-to-day law enforcement activities as well as regional and agency specific analyses. PROGRAM The Memorandum of Understanding (MOU) establishes an agreement for the access or exchange of mutual data for the sole purpose of law enforcement investigative analysis and crime analysis. The MOU also sets forth the policies and the procedures for the sharing of law enforcement information by the participating Contributing Member Agencies and Participating Member Agencies including the declaration of ownership, warranties, allocation of liabilities, and policies governing the use of shared information. SANDAG-ARJIS has adopted, and will continue to adopt and update Acceptable Use Policies, which set forth conditions under which ARJIS systems may be accessed and defining how they are maintained. RECOMMENDATION The utilization of SANDAG-ARJIS information continues to be a valuable resource and serves as a timely investigative aid for identifying criminal suspects and conducting criminal investigations. Access to these regional systems are important for the National City Police Department to provide critical public safety services. The Police Department recommends the approval of the Memorandum of Understanding. JT 36 of 355 MEMORANDUM OF UNDERSTANDING AMONG SANDAG-ARJIS AND MEMBER AGENCIES FOR USE AND ACCESS OF REGIONAL DATA IN AUTOMATED REGIONAL JUSTICE INFORMATION SYSTEM ENTERPRISE This Memorandum of Understanding ("MOU" or "Agreement") is made and entered into between the San Diego Association of Governments, a California Public Agency ("SANDAG"), on behalf of the Automated Regional Justice Information System, a California Joint Powers Agency ("ARJIS"), collectively referred to herein as "SANDAG-ARJIS," Contributing Member Agencies ("CMAs") that contribute law enforcement data to the ARJIS Enterprise, and Participating Member Agencies ("PMAs") and is made with reference to the following: RECITALS WHEREAS, SANDAG is empowered to enter into this MOU on behalf of ARJIS pursuant to the ARJIS Joint Powers Agreement and the California Public Utilities Code section 132354; and WHEREAS, the CMAs, as defined in Part I.A. of this MOU, are empowered to enter into this MOU for the sharing of criminal justice information pursuant to California Penal Code Sections 11105 and 13300 and California Government Code Sections 26600, 26602, and 41601, and other statutes; and WHEREAS, the CMAs asked SANDAG-ARJIS to develop and execute this MOU in order to share law enforcement information stored in the ARJIS Enterprise database, known as the ARJIS Operational Store (AOS) and any other data repository, system, tools or applications residing behind the ARJISNET firewall, (including but not limited to COPLINK, i2 Analyst Notebook, SRFERS (State, Regional, Federal Enterprise Retrieval System), License Plate Reader data, Tactical Identification System (TACIDS), and the COGNOS reporting system), collectively referred to as "ARJIS Enterprise"; and WHEREAS, the PMAs are ex-officio members of the ARJIS Joint Powers Agency (JPA) with law enforcement responsibilities that can be given permission to query information stored in ARJIS Enterprise, but do not themselves contribute crime and arrest incident data; and WHEREAS, implementation of this MOU will substantially further the public safety, health, and welfare. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: I. OVERVIEW A. Background 1. ARJIS hosts a complex law enforcement information system that contains information about a variety of official police incidents generated by the law enforcement agencies in the San Diego region. There are currently eleven CMAs providing crime, arrest, and other incident data to ARJIS (with one of those agencies, the San Diego Sheriff's Department, providing contract services to nine incorporated cities within San Diego County). 2. Additionally there are 55 other ARJIS member agencies that do not currently provide crime and arrest incident data to ARJIS but access ARJIS regional data and utilize ARJIS 1 37 of 355 services. These additional agencies are referred to as PMAs for the purposes of this Agreement. 3. The regional data maintained by ARJIS includes, but is not limited to, police incidents entered by the CMAs such as crime reports, arrest reports, traffic citations, traffic accidents, and field interviews. These data are maintained in the AOS as part of ARJIS Enterprise. ARJIS Enterprise resides on a private network called ARJISNET, and is protected by firewalls, access control lists, and user authentication. ARJIS meets both the California Department of Justice (CaIDOJ), and Federal Bureau of Investigations Criminal Justice Information Services (FBI CJIS) network security standards. 4. The AOS, as the primary ARJIS regional data warehouse for the integration and storage of San Diego regional law enforcement data, is the core component of ARJIS Enterprise designed to share regional law enforcement information. ARJIS regional data originate from the CMAs and are standardized and integrated to provide a comprehensive criminal justice view for the region. Regional data stored in ARJIS Enterprise is used for tactical day-to-day law enforcement activities as well as regional and agency specific analyses. In addition to the regional tools and applications, some CMAs have purchased and/or developed their own applications and have requested global access to the regional ARJIS data to employ these products. B. Purpose 1. The parties hereby agree that any mutual data access or exchange that occurs among them will be used for the sole purpose of law enforcement investigative analysis and crime analysis. 2. Moreover, the purpose of this MOU is to set forth the policies and the procedures for the sharing of law enforcement information by the participating CMAs and PMAs, including the declaration of ownership, warranties, allocation of liabilities, and policies governing the use of shared information. C. Acceptable Use Policies 1. SANDAG-ARJIS has adopted, and will continue to adopt and update Acceptable Use Policies (AUPs), which set forth conditions under which ARJIS systems may be accessed and defining how they are maintained. AUPs are not operational policies that govern the use in the field of data obtained using ARJIS systems by law enforcement agencies as those policies are the responsibility of the CMAs and PMAs. The AUPs are prepared with input from ARJIS member agencies and are intended to delineate where the roles and responsibilities of SANDAG-ARJIS end and other agencies' begin. The AUPs also are intended to clarify that SANDAG-ARJIS should not be liable for the conduct of a law enforcement officer in the field. As such, the CMAs and PMAs who are parties to this MOU hereby agree to comply with existing, added and updated AUPs and understand that their respective continued agreement to comply with the AUPs is a condition of continued access to ARJIS Enterprise. The AUPs adopted as of the time of execution of this MOU are attached as MOU Exhibit 1. 2. A copy of proposed amendments to an AUP or any new AUP shall be forwarded by SANDAG-ARJIS to the official representative of each signatory to this MOU at the same time as the proposed amendments are mailed as a report attachment to the agenda for recommendation for approval by the SANDAG Public Safety Committee (PSC). The proposed draft amendment or new AUP also shall be posted on the ARJIS website. The final version of all AUPs shall be posted on the ARJIS website after adoption by the SANDAG Board of Directors. 2 38 of 355 3. If at any time a CMA or PMA fails to comply with an AUP or indicates that it anticipates or condones non-compliance with an AUP, that party may be deemed in material breach of this MOU by SANDAG-ARJIS. D. Governance of ARJIS 1. ARJIS is a JPA and is governed by the terms of a joint powers agreement, by any policies passed and adopted by the ARJIS governing board, and by the statutes, rules, regulations, policies or procedures that govern SANDAG. SANDAG serves as the Administrator of the JPA. 2. The ARJIS governing board is the SANDAG Public Safety Committee (PSC), formed under SANDAG Board Policy No. 026, and advises the SANDAG Board of Directors on matters concerning ARJIS and the SANDAG Criminal Justice Division. The Chiefs'/Sheriff's Management Committee is a standing committee established to support the PSC. Each member of the Chiefs'/Sheriff's Management Committee (all are CMAs) has an equal vote; and is authorized to forward recommendations to the PSC on policies and procedures set forth in this MOU. 3. The Chiefs'/Sheriff's Management Committee appoints members to standing working groups known as the Technical and Business working groups. The membership of these working groups is composed of representatives of each of the eleven CMAs. Each member of these working groups has one vote. These working groups forward technical and administrative recommendations to the Chiefs'/Sheriff's Management Committee. 4. Most policy decisions must be made by the SANDAG Board of Directors, including approvals of AUPs. Typically, matters begin in the Chief's/Sheriff's Management Committee, which makes a recommendation to the PSC. The PSC then either makes a final decision or the matter is sent to the SANDAG Board of Directors in accordance with Board Policy No. 026. 5. Pursuant to Government Code Section 6509, which requires that the powers of a JPA be limited by the legal restrictions placed upon a named member of the JPA, the powers of ARJIS are subject to those legal restrictions imposed upon SANDAG by the Constitution of the State of California and the laws governing SANDAG. II. OWNERSHIP, ENTRY AND MAINTENANCE OF INFORMATION A. Each CMA retains sole ownership, responsibility and exclusive control and disposition over the content of the information it contributes, and may, at will, at any time, update, correct or delete any of its information in the ARJIS Enterprise entirely. All system entries are identifiable to the CMA that contributes the entries. The content of the information remains the sole responsibility of the CMA that contributed the data, under an express promise of confidentiality. B. Each CMA shall maintain "system discipline," defined as the maintenance of information in the ARJIS Enterprise that is 1) timely, 2) accurate, 3) complete and 4) relevant. In order to maintain system discipline, contributors shall submit data, including any updates or changes to the original submission, while performing modifications as often as a contributor can feasibly execute them. C. Each CMA has the sole responsibility for ensuring data entered into the ARJIS Enterprise has been obtained in compliance with federal, state, local, and/or tribal laws. Data must be 3 39 of 355 pertinent to and within the scope of the authorized law enforcement function of the CMA and meet ARJIS security standards. D. Each CMA agrees that police incident data entered and/or uploaded to the ARJIS Enterprise is a copy or summary of information stored in and managed by the entering CMA's own records system(s), and that the contributing CMA is solely responsible and accountable for the accuracy and timeliness of the information it has submitted. Each CMA that is the source of the information should make every effort to ensure the contributed data reflects the substance of the source records. The data in ARJIS shall conform to ARJIS validations and standards. E. ARJIS provides a suite of tools, to all member agencies (CMAs and PMAs) to access the regional data for the purposes of conducting complex investigative analyses and crime analysis functions. In addition, ARJIS provides crime statistics, crime mapping, and other applications to assist ARJIS member agencies and enhance the efficiency and effectiveness of their operations. Although ARJIS makes a good faith effort to ensure these tools, statistics, maps, applications, and all other information it provides to CMAs and PMAs are accurate and that the SANDAG-ARJIS systems are available for use at all times, SANDAG-ARJIS is a conduit for information prepared by others, which relies on the accuracy and timeliness of data prepared by others in order to allow sharing of data among agencies. Therefore, SANDAG- ARJIS disclaims any responsibility for the accuracy, correctness, or timeliness of the data. In no event shall SANDAG-ARJIS become liable to users of these data, or any other party, for any loss or damages, consequential or otherwise, including but not limited to time, money, or goodwill, arising from the use, operation or modification of the data. In using these data, users further agree that SANDAG-ARJIS shall have no liability of any nature arising out of or resulting from the lack of accuracy, correctness, or timeliness of the data, or the use of the data. F. ARJIS programs may enhance and add value to the incident information provided by the CMA, including such functions as GEO Coding and data classification for UCR (Uniform Crime Reporting) reporting, as well as programmatic links between records and indexes. This added value, generated by the ARJIS programming and codes, is not reflected in the CMA's source data. CMAs will be allowed access to this value-added data through the AOS. G. ARJIS shall follow the California mandated guidelines and purge most incident records 7 years from the record creation date. There are some record types that are excluded from purging or that are purged more often in accordance with laws or policies specific to record types. These are set forth in relevant AUPs or outlined in the 'Peace Officer Standards and Training Law Enforcement Records Management Guide'', which SANDAG-ARJIS shall follow. H. PMAs may at any time request authorization to contribute crime, arrest, and other incident data to ARJIS. If the request receives a recommendation from the Chiefs'/Sheriff's Management Committee and an approval from the SANDAG Public Safety Committee, which serves as the ARJIS Board of Directors, the PMA may become a CMA for purposes of its treatment under this MOU in accordance with such other terms and conditions that may be required by SANDAG-ARJIS. III. ACCESS TO, DISCLOSURE AND USE OF INFORMATION The parties to this MOU agree: 1 http://Iib.post.ca.gov/Publications/Records_Management_Guide.pdf 4 40 of 355 A. To authorize every other CMA that has signed this MOU access to its law enforcement incident information shared in ARJIS Enterprise. B. To authorize PMAs that have signed this MOU to access and utilize ARJIS regional data only via the established ARJIS applications such as COPLINK; PMAs may not extract, export, or use the ARJIS regional data with their own applications. There may be instances where some or all of the ARJIS regional data is requested by PMAs. These requests must be made using the ARJIS Data Request Form (Exhibit 2). The ARJIS Director will review each request on a case -by -case basis. A summary of data requests received will be provided as part of the quarterly ARJIS Management Report to the Chiefs'/Sheriff's Management Committee and the SANDAG Public Safety Committee, which serves as the ARJIS Board of Directors. PMAs also may request data extracts for a variety of purposes to include special studies, special analyses for specific investigations, and/or to populate an application not residing at ARJIS using this process. C. To ensure that the use of ARJIS regional data is in accordance with applicable federal, state, and local statutes and complies with FBI CJIS Security policies, and CaIDOJ Practices, Policies, and Procedures. D. To authorize agency personnel access to ARJIS regional data, only after receiving appropriate training, and only when personnel have a legitimate need to know the information for an authorized and legal law enforcement purpose. Specifically, ARJIS regional data may be used to develop investigative and crime analyses. E. That under no circumstance is a CMA or PMA to publicly report statistics using data from another jurisdiction obtained through operation of this MOU without prior written authorization from the CMA(s) which own(s) the data. This includes statistics of any kind for the entire jurisdiction or part of the jurisdiction; Uniform Crime Reporting (UCR) statistics and non-UCR statistics; and internal studies, published studies, maps or grant projects. F. That the California Public Records Act (CPRA), commencing at Section 6250 of the Government Code, and other applicable statutes and case law, provides for public inspection and copying of "public records." The CPRA also identifies various records that are exempt from disclosure, including many related to law enforcement and public safety. These include, but are not limited to records of investigations, security information, critical infrastructure information, peace officer records, criminal offender records, and the names and addresses of victims of specified crimes. G. That each CMA or PMA that receives a request for data or information, whether via a CPRA request or otherwise, that it has obtained via access through ARJIS, but which it does not own or is not the originating source, shall not release that information or data, but may refer the requestor to the CMA that is the source. Any CMA or PMA that receives a court order to release information in the ARJIS Enterprise which originated from another CMA shall (a) immediately provide a copy of the court order to the CMA that originated the information and to their Agency California Law Enforcement Telecommunications System (CLETS) Coordinator (ACC) or their designate and (b) request input from the originating CMA regarding the nature of any objections it feels it would be appropriate to make to the court; and 3) submit to the court in a timely manner all reasonable objections to the provisions of the underlying request. The originating agency shall reimburse the court ordered CMA or PMA all reasonable costs associated with the challenge or objection to the order that are not reimbursable by the requester within thirty days of being provided a detailed invoice of costs. H. Language in Section 18(b) of the ARJIS Joint Powers Agreement provides that SANDAG-ARJIS does not own the records of the ARJIS member agencies and may not disclose ARJIS member agency records without their permission: 5 41 of 355 If pursuant to agreement, SANDAG-ARJIS serves as custodian of data it does not own, that data shall presumptively remain the property of the contributing entity and may not be treated as a public record. The ARJIS may not disclose electronic data or other intellectual property for which it is a custodian to third parties without the approval of the entity that owns the property. The CPRA, however, generally provides that records prepared, owned, used, or retained by an agency such as SANDAG-ARJIS can be public records and as a result SANDAG-ARJIS receives records requests for records it does not own, but has retained. The Parties agree that SANDAG-ARJIS shall not have liability for Claims (as defined in Section VIII) arising from it providing responses to public records requests for records that are housed on SANDAG-ARJIS servers, but that were created and are owned by other agencies ("Non-SANDAG Records"). SANDAG-ARJIS does retain Non-SANDAG Records in its role as the Administrator, but it does not prepare, own or have the right to control the use of the records with regard to disclosure to non-parties, either directly or through another person. Accordingly the costs and liabilities associated with producing or refusing to produce Non-SANDAG Records should fall to the owner(s) of those records rather than SANDAG-ARJIS. Furthermore, pursuant to Government Code sections 6254(f) and 6255, ARJIS regional records should qualify for exemptions from the CPRA. In the event SANDAG-ARJIS receives a request for records or information owned by a CMA, whether via a CPRA request or otherwise, it shall follow these procedures: 1. SANDAG-ARJIS will contact the Agency CLETS Coordinator (ACC) or his/her designate for the owner of the Non-SANDAG Records and request that the owner provide a written response to SANDAG-ARJIS within three business days regarding whether to provide the records, or withhold the records based one or more statutory exemptions that shall be identified by the CMA. 2. SANDAG shall respond based on the record owner's discretion and direction. Notwithstanding the foregoing sentence if the owner does not respond within the timeframe requested by SANDAG-ARJIS or the records requested belong to more than one owner and the owners are not unanimous in the direction provided to SANAG- ARJIS, SANDAG-ARJIS will exercise its own discretion regarding whether to release the Non-SANDAG Records. 3. If SANDAG-ARJIS does not release some or all of the Non-SANDAG Records and SANDAG-ARJIS receives a court order to release records or information in the ARJIS Enterprise that originated from a CMA SANDAG-ARJIS shall (a) immediately provide a copy of the court order to the CMA that originated the information and to its ACC or designate and (b) request input from the originating CMA regarding the nature of any objections it feels it would be appropriate to make to the court; and 3) submit to the court in a timely manner all reasonable objections to the provisions of the underlying request. The originating CMA shall reimburse SANDAG-ARJIS all reasonable costs associated with the challenge or objection to the order within thirty days of being provided a detailed invoice of costs. In the event SANDAG-ARJIS is a party to litigation due to a public records request or its conduct taken in accordance with this section of this MOU, the provisions of Section VIII (B)(4) shall apply. 6 42 of 355 IV. USER ACCESS A. Login Application Process Each CMA and PMA shall appoint its own ACC (or their designate) who is responsible for management of user accounts at that CMA or PMA. An overall agency -specific Network System Administrator also will be identified to assist with any ARJISNET network issues. In order to access ARJIS regional data and any of the ARJIS applications, each user must submit a request for a user login identification ("login ID") and password to their Agency ACC (or their designate). Each CMA and PMA agrees that for use of all ARJIS regional data and applications, users shall meet the guidelines specified in Section V.C. of this document and be authorized to access and review police incident data for legitimate purposes. The ACC (or their designate) may deny or revoke individual access in their sole discretion. B. Login Assignment Each individual user of ARJIS regional data at a CMA and PMA will be issued a login ID and a default password by their ACC (or their designate). Users also may be assigned to groups that have different access rights to the information in the system based on the level of restriction of the information. C. Provisions of Policy Each agency shall be responsible for ensuring each of their authorized users knows the terms and conditions of this MOU. Each CMA and PMA shall require each of its users to agree to comply with the provisions of the SANDAG-ARJIS AUPs prior to being granted access to any ARJIS databases. D. Audit Trail 1. For each CMA or PMA accessing ARJIS regional data directly, each transaction will be logged and an audit trail created and maintained by SANDAG-ARJIS for a minimum of three years, in conformance with the CaIDOJ Policies, Practices, and Procedures, attached hereto as MOU Exhibit 2. All monitoring of successful and unsuccessful ARJIS logon attempts, file access, correlations, transaction types, and password changes will be established and maintained by SANDAG-ARJIS regardless of access means. All audit trail files shall be protected to prevent unauthorized changes or destruction. Requests for audits shall be made in writing through the requestor's chain -of -command to their ACC (or their designate), and forwarded to SANDAG-ARJIS for processing. 2. Each CMA and PMA receiving an export of ARJIS data to utilize through its own applications, will be responsible for providing audit capabilities that meet the Cal DOJ Policies, Practices, and Procedures, and will maintain the audit logs for a minimum of three years. This will include making available the activity history for individual users when a request is made in writing through the requestor's chain -of -command to their ACC (or their designate). CMAs and PMAs must ensure that all audit trail files will be protected to prevent unauthorized changes, unauthorized destruction and unauthorized dissemination. E. Termination of Logins CMAs and PMAs, through their ACCs (or their designates) will be responsible for immediate suspension and/or removal of any login accounts of users who leave the CMAs or PMAs employment, face disciplinary action, or have failed to meet the requirements for access to the Login Application Process. 7 43 of 355 V. SECURITY A. All CMAs must comply with the CaIDOJ and FBI CJIS practices, policies, procedures, and guidelines as they relate to the access and use of justice data, when applicable. B. Each CMA and PMA will be responsible for designating the employees who should have access to ARJIS regional data. This MOU was developed with security in mind, and each CMA and PMA should ensure that access to system information is in accordance with Section III.C-D and all other provisions of this MOU, and that all information is treated as law enforcement sensitive. C. Each CMA and PMA agrees to use the same degree of care in protecting the information accessed under this MOU that it exercises for its own sensitive information. Each CMA and PMA agrees to restrict access to such information to only its officers, employees, detailees, agents, representatives, task force members, contractors/subcontractors, consultants, or advisors with a "need to know" such information for the performance of their duties and only to the extent permitted by law. Each of these persons will have passed background clearances and met all requirements as required by local, state and federal statute to allow access and use of the secured data. These requirements also apply to SANDAG-ARJIS and its officers, employees, agents, representatives, contractors/subcontractors, consultants, or advisors with a need to know such information. D. CMAs and PMAs are responsible for training those users authorized to access ARJIS regional data on the use and dissemination of information obtained from the system (for example, CORI). Specifically, users must have a clear understanding of the need to verify the reliability of information with the source agency that contributed the information, when using the information for purposes such as obtaining search and arrest warrants, affidavits, subpoenas, etc. Parties must also fully brief accessing users regarding the proscriptions for using third party information. VI. SYSTEM ACCESS A. Network Access Access to ARJIS regional data will be provided utilizing the secure ARJISNET network. All CMAs and PMAs are to ensure that all end user and sub -administrator workstations accessing ARJIS regional data and/or servers that CMAs and PMAs utilize to store ARJIS regional data shall utilize recognized industry -standard anti -virus, firewall, and user authentication software. Terminals that access the ARJISNET network should follow the same guidelines required by CLETS. B. System Availability The ARJIS regional data will be available on a 24-hour-a-day, 7-days-a-week basis with downtime limited to those hours required for any necessary system maintenance activities. The parties agree to inform each other in advance, whenever possible, of scheduled system downtimes. In cases of unscheduled outages, all efforts will be made to make notice to all users and parties that the outage has occurred (including estimated outage length) and notice will be given when applications have been returned to normal operation. VII. SANCTIONS A. Violation of an AUP or of any law or regulation applicable to access to or use of ARJIS Enterprise or ARJIS regional data (hereinafter referred to as "Misuse") by a party to this MOU 8 44 of 355 or one of its staff or agents, whether authorized or unauthorized, may lead to suspension or termination of an agency or particular user's access to ARJIS Enterprise. B. In the event a party to this MOU discovers suspected or actual Misuse of ARJIS Enterprise or ARJIS regional data, it will immediately inform the Director of ARJIS, who will in turn immediately notify the SANDAG Director of Technical Services and SANDAG Executive Director. In the event SANDAG-ARJIS discovers suspected or actual misuse of ARJIS Enterprise, the Director of ARJIS will immediately notify the SANDAG Director of Technical Services, the SANDAG Executive Director, and the member agency. The SANDAG Director of Technical Services, in consultation with the Director of ARJIS or their designees, and with input from the subject CMA or PMA, will determine whether to suspend or terminate access and if so for whom the suspension or termination will apply and will notify the affected member agency. The affected member agency will be notified of the decision by SANDAG-ARJIS and then will have 10 calendar days to appeal the decision to the SANDAG Executive Director. The Executive Director shall have final decision -making authority, however, such decision shall be reported out to, and subject to ratification or modification by, the PSC at its next regular meeting. C. Any supervisor, law enforcement officer, employee, agent, representative, task force member, contractor/subcontractor, or consultant, who by virtue of his employment or official position, has possession of, or access to, ARJIS regional data that contain individually identifiable information, the disclosure of which is prohibited by law, agreement, this MOU, the AUPs, rules, or regulation and who, knowing that the disclosure of the information is prohibited, willfully or recklessly discloses the material in any matter, including oral communication, may be prosecuted or fined under any applicable federal or state law, or may be subject to administrative or disciplinary action by their member agency. D. An individual CMA's or PMA's participation in this MOU also may be terminated involuntarily by a decision of the SANDAG Board of Directors for repeated failures to meet the terms of this MOU or an AUP. The terminated CMA or PMA will continue participation, financial or otherwise, up to the effective date of termination. VIII. INDEMNIFICATION A. Indemnification Related to Workers Compensation and Employment Issues 1. CMAs and PMAs, and each of them (which for purposes of this Section VIII, shall include their officers, officials and employees), shall fully indemnify and hold harmless SANDAG- ARJIS, its officers, employees and agents, from any claims, losses, fines, expenses (including reasonable 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 CMAs or PMAs, or each of them, or any contract labor provider retained by CMAs or PMAs, or each of them, 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 a CMAs or PMAs, or each of them, or any contract labor provider retained by a CMAs or PMAs, or each of them. 2. SANDAG-ARJIS (which for purposes of this Section VIII shall include its officers, officials and employees) shall fully indemnify and hold harmless CMAs or PMAs, or each of them, its officers, employees and agents, from any claims, losses, fines, expenses (including reasonable 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 9 45 of 355 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 SANDAG-ARJIS or any contract labor provider retained by SANDAG-ARJIS, 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 SANDAG-ARJIS or any contract labor provider retained by SANDAG-ARJIS. B. Defense And Indemnity; Acts And Omissions 1. Claims, Actions or Proceedings Arising From Acts or Omissions of One or More CMAs or PMAs Each CMA and PMA hereby agrees to defend and indemnify SANDAG-ARJIS, its agents, officers and employees, from any claim, action or proceeding against SANDAG-ARJIS, arising out of the acts or omissions of said CMA or PMA, its agents, officers or employees in the performance of this MOU, and all expenses of investigating and defending against same, provided, however, that a CMA's or PMA's duty to indemnify and hold harmless shall not include any claim or liability arising from the established sole negligence or willful misconduct of SANDAG-ARJIS, its agents, officers or employees. At its sole discretion, SANDAG-ARJIS may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve the CMA or PMA of any obligation imposed by this MOU. SANDAG-ARJIS shall notify affected CMA(s) or PMA(s) promptly of any claim, action or proceeding and cooperate fully in the defense. 2. Claims, Actions or Proceedings Arising From Acts or Omissions of SANDAG-ARJIS SANDAG-ARJIS hereby agrees to defend and indemnify the CMAs and PMAs, their agents, officers and employees, from any claim, action or proceeding against one or more CMAs or PMAs, arising out of the acts or omissions of SANDAG-ARJIS, its agents, officers or employees in the performance of this MOU, and all expenses of investigating and defending against same with the limitations described in subsection B(4), provided, however, that SANDAG-ARJIS's duty to indemnify and hold harmless shall not include any claim or liability arising from the established sole negligence or willful misconduct of CMAs or PMAs, or their agents, officers or employees. At its sole discretion, an affected CMA or PMA may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve SANDAG-ARJIS of any obligation imposed by this MOU. CMA or PMA shall notify SANDAG-ARJIS promptly of any claim, action or proceeding and cooperate fully in the defense. 3. Claims, Actions or Proceedings Arising From Concurrent Acts or Omissions CMAs and PMAs hereby agrees to defend themselves, and SANDAG-ARJIS hereby agrees to defend itself, from any claim, action or proceeding arising out of the concurrent acts or omissions of one or more CMAs or PMAs and SANDAG-ARJIS with the limitation described in subsection B(4). In such cases, CMAs, PMAs and SANDAG-ARJIS 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 subsection 5 below (referring to joint defense agreements and reimbursement and/or reallocation). 4. Presumption of Defense And Indemnification of SANDAG-ARJIS by CMA(s) or PMA(s) When SANDAG-ARJIS Is Named As a Party to a Claim, Action or Proceeding In Certain Circumstances 10 46 of 355 The relevant CMAs or PMAs shall indemnify, defend, and hold SANDAG-ARJIS harmless where the asserted SANDAG-ARJIS liability is based on one or more of the following three circumstances: (1) A third -party sues SANDAG-ARJIS based on its contractual relationship with the CMAs and PMAs under this MOU; (2) A third -party sues SANDAG-ARJIS due to its possession or use of records or information owned or originated by one or more CMAs or PMAs; (3) The conduct alleged to be that of the SANDAG-ARJIS is, in fact, the conduct of one or more CMAs or PMAs. Unless there is a conflict of interest as between SANDAG-ARJIS and the relevant CMA(s)/PMA(s): the relevant CMA(s)/PMA(s) shall control litigation strategy and selection and retention of defense counsel; the relevant CMA(s)/PMA(s) shall keep SANDAG-ARJIS's Office of General Counsel apprised of the status of the matter, which shall include advance discussion of any proposed terms of settlement; and SANDAG-ARJIS shall reasonably cooperate in the defense. 5. Joint Defense Notwithstanding subsection 3 above, in cases where one or more CMAs or PMAs and SANDAG-ARJIS agree in writing to a joint defense, CMAs, PMAs and SANDAG-ARJIS may appoint joint defense counsel to defend the claim, action or proceeding arising out of the concurrent acts or omissions of SANDAG-ARJIS, CMAs and PMAs. Joint defense counsel shall be selected by mutual agreement of the effected parties. The affected parties agree to share the costs of such joint defense and any agreed settlement in equal amounts, except that the parties further agree that none of the parties to the joint defense may bind the other(s) to a settlement agreement without the written consent of the other(s). Additionally, where a trial verdict or arbitration award, in a joint defense case, allocates or determines the comparative fault of the parties, the parties may seek reimbursement and/or reallocation of defense costs, judgments and awards, consistent with such comparative fault. IX. DISPUTE RESOLUTION Disputes among any of the parties arising under or relating to this MOU shall be resolved via consultation at the lowest practicable level by and between the affected parties and sponsoring agencies (or as otherwise may be provided under any separate governance procedures). If such parties are unable to resolve their dispute at the lowest practicable level, the dispute shall be referred to the PSC for a resolution. If the PSC is unable to resolve the dispute, the matter shall be referred to the SANDAG Board of Directors. Only if the PSC and Board of Directors are unable to resolve the parties' dispute may the disputing parties seek judicial resolution of their dispute. Each affected party will pay the fees of its respective legal counsel, accountants, advisors, etc., as well as all of its respective out-of-pocket costs and expenses. X. OPERATING COSTS A. Unless otherwise provided herein or in a supplementary writing, each CMA and PMA shall bear its own costs in relation to this MOU and continued participation in or access to ARJIS Enterprise System is conditioned upon timely payment of those costs by each CMA and PMA. Even in circumstances in which a party has agreed (or later does agree) to assume a particular financial responsibility outside of those responsibilities covered by this MOU, the affected party's express written approval must be obtained before the incurring by another of each expense associated with the responsibility. All obligations of and expenditures by the parties 11 47 of 355 will be subject to their respective budgetary and fiscal processes and subject to availability of funds pursuant to all laws, regulations, and policies applicable thereto. The parties expressly acknowledge that this MOU in no way implies that any funds have been, or will be appropriated for such expenditures. B. Any ARJIS system enhancements, modifications, updates, or implementation of new features to enhance regional ARJIS applications must be reflected either in the annual SANDAG-ARJIS overall work plan and budget, or in an amendment thereto. After approval by the PSC and if necessary the SANDAG Board of Directors, costs associated with these enhancements will be billed to CMAs and PMAs in accordance to criteria set forth in the ARJIS Joint Powers Agreement. Invoices will include reasonable documentation explaining the expenses incurred. XI. TERM OF AGREEMENT A. This MOU shall be effective as of the last signature date of at least five of the CMAs and will be reviewed every three years thereafter for updates and consistency with applicable statutes and policies. B. For parties who join subsequent to the date in Section I(B)(1), this MOU shall become effective when it has been signed by the parties' duly authorized representatives and countersigned by SANDAG-ARJIS. C. In the event that one or more CMAs or PMAs withdraw their participation from this MOU and are no longer parties to this Agreement, this MOU shall survive and continue to be fully effective and will bind the parties that remain signatories. D. The MOU will terminate automatically when all members have withdrawn their participation from the MOU. E. Upon termination for cause or convenience, the terminated party's access to ARJIS Enterprise and ARJIS regional data also shall be terminated. F. All rights, obligations, responsibilities, limitations, and other understandings with respect to the disclosure and use of all information received during a party's participation in this MOU shall survive any termination. XII. VOLUNTARY WITHDRAWAL OF MEMBERSHIP Any CMA or PMA may withdraw from this MOU upon ninety (90) days written notice to the PSC. All rights, obligations, responsibilities, limitations, and other understandings with respect to the disclosure and use of all information received during a CMAs or PMAs participation in this MOU shall survive any termination. XIII. AMENDMENT OF MOU This MOU may be amended by a written document signed by all parties. No oral understanding or agreement shall be binding on the parties. XIV. SEVERABILITY This MOU is subject to all applicable laws and regulations. If any provision of this MOU 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 MOU to either party is lost, 12 48 of 355 then the MOU may be terminated at the option of the affected party, with the notice as required in this MOU. In all other cases, the remainder of this MOU shall be severable and shall continue in full force and effect. XV. NO THIRD -PARTY BENEFICIARIES This MOU is intended solely for the benefit of the parties to this MOU. Any benefit to any third party is incidental and does not confer on any third party to this MOU any rights whatsoever regarding the performance of this MOU. Any attempt to enforce provisions of this MOU by third parties is specifically prohibited. XVI. WAIVER A waiver by a party of a breach of any of the covenants to be performed by party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions, or conditions of this MOU. In addition, the failure of either party to insist upon strict compliance with any provision of this MOU shall not be considered a waiver of any right to do so, whether for that breach or any subsequent breach. The acceptance by a party of either performance or payment shall not be considered a waiver of the other party's preceding breach of this MOU. XVII. AUTHORITY OF SIGNATORY TO BIND ENTITY By signing below, each signatory warrants and represents that he/she executed this MOU in his/her authorized capacity and that by his/her signature on this MOU, he/she has the legal authority, or has received such authority from the entity, to bind the entity upon whose behalf he/she executed this MOU. We the undersigned hereby agree, on behalf of our respective offices, agencies, districts and departments, to this Memorandum of Understanding and certify that the agreement made herein will be honored. This Memorandum of Understanding may be executed in counterparts. IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding by the signatures of the duly authorized representative of each CMA and PMA on the dates indicated. A photocopy or facsimile signature is as valid as the original. SANDAG-ARJIS Gary L. Gallegos, Executive Director Date SANDAG-ARJIS Julie Wiley, Special Counsel Date SANDAG-ARJIS 13 49 of 355 City of Carlsbad Title: City of Carlsbad Date City Attorney Date City of Carlsbad City of Coronado Title: Date City of Coronado City Attorney Date City of Coronado City of Chula Vista Title: Date City of Chula Vista City Attorney City of Chula Vista City of El Cajon Title: City of El Cajon City Attorney City of El Cajon Date Date Date 14 50 of 355 City of Escondido Title: City of Carlsbad Date City Attorney Date City of Carlsbad City of La Mesa Title: City of La Mesa City Attorney City of La Mesa City of National City Date Date Title: Date City of National City City Attorney Date City of National City 15 51 of 355 City of Oceanside Title: Date City of Oceanside City Attorney Date City of Oceanside Unified Port of San Diego Title: Date Unified Port of San Diego Attorney Date Unified Port of San Diego County of San Diego Title: Date County of San Diego County Counsel Date County of San Diego 16 52 of 355 City of San Diego Title: Date City of San Diego City Attorney Date City of San Diego PMA signature pages to follow 17 53 of 355 MOU Exhibit 1A Automated Regional Justice Information System (ARJIS) Acceptable Use Policy for the Regional License Plate Reader System 54 of 355 Revised: 02/13/2015 A. STATEMENT OF PURPOSE The purpose of this document is to outline the responsibilities of the Automated Regional Justice Information System (ARJIS) in its role as a law enforcement information technology provider for the Regional License Plate Reader (LPR) data storage system (LPR system). ARJIS, in cooperation with local, state, and federal law enforcement agencies, maintains a regional server as a LPR data repository in support of law enforcement efforts to improve public safety. ARJIS provides the secure network infrastructure, technical standards, security protocols, controlled access, and database administration for the LPR system. Included in the support of the secure infrastructure are ongoing system updates, maintenance, disaster recovery, and security monitoring of the circuits, hubs, routers, firewalls, databases, and other components that comprise the ARJIS Enterprise, ensuring the priority, integrity, and availability of service to authorized law enforcement users. This Acceptable Use Policy sets forth rules restricting how the LPR system may be accessed by authorized user agencies (agencies) and defines how the LPR system is maintained by ARJIS. The Regional LPR Operational Protocol under development by the County Chiefs' and Sheriff's Association outlines LPR best practices and standard operating procedures for those agencies that utilize LPR in the field. B. LPR OVERVIEW LPR data is collected by agencies utilizing specially -designed cameras to randomly capture an image of a vehicle license plate and convert the plate characters into a text file using optical character recognition technology. The text file can then be sent to a computer and compared against pre-existing data files, such as databases containing records of stolen or wanted vehicles as well as vehicles associated with AMBER alerts, missing children, wanted subjects, or other criteria. If a match is found, the LPR user (law enforcement officer or agency) is notified by an audible alert and an associated notation on the user's computer screen. LPR cameras can be mobile (mounted on vehicles) or fixed (mounted to a structure) as determined by the agency that owns the cameras. Mobile LPR systems scan plates, notify the user of a vehicle alert, and store the plate scan data for upload or transfer to an agency LPR server or the regional LPR server. LPRs in fixed positions link to an LPR server at the agency owning the fixed camera for updates, transmission of scanned plate data in real- time or near -real time, and alert notifications. The LPR data from agency LPR servers is replicated (copied) to the regional server in near real time. The alerting functionality resides with the agencies, not with ARJIS. The alert lists against which license plate reads are checked may include (but are not limited to) the Stolen Vehicle System and Felony Warrants System, provided by the California Department of Justice (Cal DOJ); and downloaded four times a day. LPR users are required to take into account the potential for lag time between the last update and an alert provided by the LPR system on a stolen or wanted vehicle. Any alert provided by an LPR system is to be considered informational and advisory in nature only and any subsequent action in the field will be based on a law enforcement 55 of 355 agency's standard operating procedures. 1. Specification of Use Recognizing the public safety benefits that could be achieved by the effective sharing of LPR data, ARJIS established a regional server accessible to authorized agencies capable of receiving and storing LPR data as well as providing query and alerting functions. The data is transferred to the regional server via wireless or hard -wired encrypted communications. Some of the agencies send their scanned plates directly to the regional server, while most of the larger agencies send their LPR scans to their agency -specific server first. The data is then uploaded to the regional server, in near -real time. The plates scanned by the LPR systems are stored in a stand-alone regional server. The regional server is designed to meet Federal Bureau of Investigation Criminal Justice Information System (FBI CJIS) and Cal DOJ requirements, policies, and procedures, and is not connected to any other server. The LPR system is restricted to legitimate criminal justice uses for the purpose of furthering law enforcement goals and enhancing public safety. There are two primary objectives of LPR data use in the region. The first is to identify stolen or lost vehicles and license plates, and wanted or missing persons, by matching the LPR data to the alert lists downloaded by Cal DOJ. The second objective is the ability to query LPR data to assist officers with ongoing criminal investigations, crime prevention and detection, and aid in the prosecution of crimes involving vehicles. LPR data is queried only if there is a reasonable suspicion that a vehicle is involved in criminal activity and the requestor has a legitimate need to know. 2. Privacy and Data Quality 2a. Privacy In October 2008, prior to the implementation of the LPR system, ARJIS participated in a Privacy Impact Assessment (PIA) effort led by the International Association of Chiefs of Police. This effort involved the review of existing local, state, and federal laws, and American Civil Liberties Union privacy concerns. The resulting PIA, published in 2009, provided background for the development of this Policy. Access to and use of LPR data is for official law enforcement purposes only. Accessing and/or releasing data from the LPR system for non -law enforcement purposes is prohibited. LPR data access and use is governed by the Cal DOJ California Law Enforcement Telecommunications System (CLETS) Polices, Practices and Procedures (PPP) (current rev. 09/2014), via CalMaster Control Agreement between the San Diego County Sheriff's Department (Sheriff) and ARJIS. The CLETS PPP further references the FBI CJIS Security Policy (current rev. 5.3, 8/4/2014). The data records stored on the regional LPR server include photographs of the vehicle (close-up of the license plate and context photo of the rear of the vehicle) 56 of 355 and accompanying license plate number, date, time, and location in the field, and do not directly identify a particular person. 2b. Source Data Each agency contributing data retains control and ownership as the official custodian of its records. Prior to sending any data to the regional LPR database, an agency must comply with the following: • Be an ARJIS Public Safety member agency. • Be a CLETS-certified agency. • Be the owner, operator, manager, or controller of the LPR equipment that captures the contributed data. • Maintain compliance with applicable FBI CJIS security policies regarding law enforcement data. • Provide only LPR data that is in a format consistent with the National Information Exchange Model (NIEM) standard, or data that is readily capable of conversion to a NIEM-compliant format. • Provide LPR data that includes, at a minimum, the time, date, and location of capture as well as a unique identifier of the equipment used to capture the information. • Ensure that LPR equipment utilized by the agency is in full compliance with any requirements or standards established by the United States Department of Justice in regard to LPR systems. • It is recommended that agencies that do not operate their own LPR server will implement a real time or near -real time data transfer to the regional server, via encrypted communication infrastructure, approved by Cal DOJ. This ensures the timeliness and effectiveness of the alert lists and provides maximum public safety benefit. 3. Data Limitation The regional LPR server is not to be accessed for the purpose of monitoring individual activities protected by the First Amendment to the United States Constitution. The regional server does not contain alert lists for any of the following activities: insurance issues, parking scofflaws, deadbeat parents, and/or vehicle impounds. The LPR system exists for the sole purpose of assisting law enforcement officers with ongoing criminal investigations and only for authorized public safety purposes. 57 of 355 4. Performance Evaluation In addition to audit reports, ARJIS staff regularly monitors the LPR system for performance, reliability, and functionality. Staff also provides system -generated management reports for the participating agencies that highlight agency use, the number of license plate reads on file, and any technical issues identified during the reporting period. Other system -generated reports are produced on an as -needed basis. 5. Transparency and Notice ARJIS is a Joint Powers Agency governed by the San Diego Association of Governments (SANDAG) Public Safety Committee, which includes elected officials representing the sub -regions of San Diego County and public safety officials. LPR systems managed and hosted by individual law enforcement agencies existed within San Diego County prior to implementation of the LPR system. A PIA and Regional LPR Guidelines were completed prior to implementation of the LPR system. This Acceptable Use Policy, the associated PIA, and other governing documents are currently posted on the ARJIS website at ARJIS.org. 6. Security Regional LPR data is stored in a segregated server located in a secured law enforcement facility with multiple layers of physical security and 24/7 security protections. Physical access is limited to law enforcement staff and select ARJIS technical staff who have completed background investigations and completed the relevant FBI CJIS state and federal training. Authorized ARJIS technical staff shall have the responsibility for managing the LPR system and associated infrastructure. ARJIS utilizes strong multi -factor authentication, encrypted communications, firewalls, and other system auditing, physical, administrative, and security measures to minimize the risks of unauthorized access to the system. 7. Retention, Access, and Use of LPR Data 7a. Retention LPR data sent to ARJIS and stored on the regional server will be retained for a period of twelve months. The retention policy is consistent with the policies of the majority of agencies in California that have implemented LPR systems as of January 2015. Once the retention period has expired, the record will be purged from the active database. If an agency determines select LPR data is relevant to a criminal investigation, it is the responsibility of that agency to document and retain those records on its own server in accordance with the agency's policies regarding records retention. In the event California passes pending LPR legislation, this provision will automatically incorporate the retention period mandated in the legislation and will 58 of 355 supersede the 12-month period set forth above. 7b. Requirements for All Users Accessing Regional LPR data Various measures are taken by ARJIS to limit access to the regional LPR server to prevent unauthorized access. Only those authorized personnel who have met the minimum training, certification, and background checks required for access to criminal justice data may access the regional LPR server. These requirements concerning the security and confidentiality of all 'justice data' are set forth in the FBI CJIS Security Policy and the CLETS PPP. Authorized users must have an active account in the ARJIS Security Center, are mandated to follow the procedures for establishing complex passwords that must be changed every 90 days, and must enter a reason for access to LPR data prior to executing a query. These requirements are all built into the LPR system and are enforced using data entry fields that users must populate in order to access the regional LPR server. All queries for LPR data are subject to audit and kept in audit logs in accordance with the procedures outlined in the audit section below. 7c. Use of LPR data LPR data is for official law enforcement purposes only. Participating law enforcement agencies will not share LPR data with commercial or private entities or individuals. However, participating law enforcement agencies may disseminate LPR data to governmental entities with an authorized law enforcement or public safety purpose for access to such data, in accordance with existing FBI and Cal DOJ policies, and their agency's standard operating procedures. ARJIS assumes no responsibility or liability for the acts or omissions of such agencies in disseminating or making use of the LPR data. 8. Auditing and Accountability ARJIS has developed preset queries to the regional LPR server for auditing and other tracking functions. Included are audit capabilities for individual user activity, management reports of interface functionality and reliability, reports from session logs, and other key system metrics. Access to, and use of, LPR data is logged for audit purposes. Audit logs are maintained for a minimum of three years. Audit reports are structured in a format that is understandable and useful and will contain, at a minimum: • The name and agency of the user • The date and time of access • The specific data queried 59 of 355 • The justification for the query including a relevant case number if available at the time. ARJIS will provide specific information regarding individual access and queries upon request from any agency. Identifying and addressing intentional misconduct is the responsibility of the individual agency. Notwithstanding the participating agency's responsibility with regard to misconduct, ARJIS reserves the right to enforce this Policy as described below. 9. Enforcement of Policy Violation of this Policy by an ARJIS member agency or its staff may lead to suspension or termination of an agency or particular agency staff person's access to the regional LPR system. In the event a member agency discovers suspected or actual misuse of the regional LPR system, it will immediately inform the Director of ARJIS, who will in turn immediately notify the SANDAG Director of Technical Services and SANDAG Executive Director. In the event ARJIS discovers suspected or actual misuse of the regional LPR system, the Director of ARJIS will immediately notify the SANDAG Director of Technical Services, the SANDAG Executive Director, and the agency. The Technical Services Director, in consultation with the Director of ARJIS, or their designees, will determine whether to suspend or terminate access and if so for whom the suspension or termination will apply and will notify the affected agency. The affected agency will be notified of the decision by SANDAG and then will have 10 calendar days to appeal the decision to the SANDAG Executive Director. The Executive Director shall have final decision -making authority. 10. Policy Revisions The Acceptable Use Policy for the Regional LPR System will be brought to the SANDAG Public Safety Committee and the SANDAG Board of Directors at least once per year for review and determination regarding the need for amendments. Updates regarding the LPR system will be provided to the SANDAG Public Safety and Chiefs'/Sheriff's Management Committees annually or upon request. 11. Indemnification Each user of the Regional LPR system (User) agrees to indemnify and hold SANDAG and ARJIS, and each of their personnel, harmless from any claim or demand, including reasonable attorneys' fees, made by any third -party in connection with or arising out of User's use of the Regional LPR system, User's violation of any terms or conditions of this Policy, User's violation of applicable laws, regulations or other policies, or User's violation of any rights of another person or entity. The term "Users" is defined to include each agency accessing the LPR system, as well as each individual person with access to the LPR system. 60 of 355 MOU Exhibit 1B Automated Regional Justice Information System (ARJIS) Acceptable Use Policy for Facial Recognition Revised: 02/13/2015 61 of 355 A. STATEMENT OF PURPOSE The purpose of this document is to outline the responsibilities of the Automated Regional Justice Information System (ARJIS) in its role as a law enforcement information technology services provider for mobile facial recognition efforts in San Diego County. ARJIS has implemented a regional facial recognition system known as Tactical Identification System (TACIDS) in support of law enforcement efforts to enhance positive identification and improve public safety. ARJIS provides the secure network infrastructure, technical standards, security protocols, controlled access, database administration, and configuration of mobile devices for access to this system. Included in the support of the secure infrastructure are ongoing system procedures, maintenance, user access, and security monitoring of the circuits, hubs, routers, firewalls, databases, etc. These components that comprise the ARJIS Enterprise ensure the priority, integrity, and availability of services to authorized law enforcement users. This Acceptable Use Policy sets forth rules restricting how TACIDS may be accessed and defines how it is maintained by ARJIS. The Regional Facial Recognition Operational Protocol under development by the San Diego County Chiefs' and Sheriff's Association outlines facial recognition best practices and standard operating procedures for those agencies that utilize facial recognition in the field. B. FACIAL RECOGNITION OVERVIEW Facial recognition refers to an automated process of matching facial images, utilizing algorithms and biometric scanning technologies. A biometric indicator is any human physical or biological feature that can be measured and used for the purpose of automated or semi -automated identification. During enrollment, the facial recognition system acquires a facial image and measures distinctive characteristics including but not limited to the distance between the eyes, width of the nose, and the depth of the eye sockets. These characteristics are known as nodal points and each human face has multiple nodal points recognizable by facial recognition software. The nodal points are extracted from the facial image and are transformed through the use of algorithms into a unique file called a template. A template is a reduced set of data that represents the unique features of the enrolled person's face. For identification purposes, the facial recognition system compares the biometric template created from the image captured in the field with all biometric templates stored in the database. For verification purposes, the biometric template of the claimed identity will be retrieved from the database and compared with the biometric template data created from the recently captured facial image. 1. Specification of Use There are two primary objectives of the TACIDS application. The first is assisting in the identification of individuals who have been detained based on reasonable suspicion, and are lacking and/ or not forthcoming with their identification, or who appear to be using someone else's identification or a false identification. Often times, these situations require officers to escort individuals to a police station to verify their identification. This is a time consuming process that involves taking police resources off the streets which can impact resource 2 62 of 355 availability and subsequent response time. TACIDS enhances field operations in these cases. The second objective is to assist in identifying persons who are incapacitated or otherwise unable to provide identification, including deceased or incapacitated individuals. Officers from authorized agencies use an ARJIS enabled tablet or smartphone to access TACIDS to take a photograph of the individual. Once the photo has been submitted to TACIDS, a biometric algorithm compares the image to the local San Diego booking database (currently about 1.4 million images) and potential matches are returned within 10 to 15 seconds, in ranked order, based on the confidence level of the match. The confidence score is mathematically calculated based on the accuracy of the biometric algorithm. If the system determines that there are potential matches, the photo captured in the field and the matching booking photos can be viewed side by side to further assist the officer in determining whether there is an actual match. Data from the booking records are displayed along with the images to assist the officer in identifying the individual. All potential matches are considered advisory in nature and any subsequent verification of the individual's identify and/or follow-on action should be based on an agency's standard operating procedures. 2. Privacy and Data Quality 2a. Privacy Prior to the implementation of TACIDS, in December 2010, ARJIS participated in a Privacy Impact Assessment (PIA) effort led by the International Justice and Public Safety Network, in cooperation with the United States Department of Homeland Security. This effort involved the review of existing local, state, and federal laws, and the resulting PIA contributed to the development of this Policy. Access to and use of TACIDS data is for official law enforcement purposes only. Accessing and/or releasing data from TACIDS for non -law enforcement purposes is prohibited. TACIDS data access and use is governed by the California Department of Justice (CaIDOJ) California Law Enforcement Telecommunications System (CLETS) Polices, Practices and Procedures (PPP) (current rev. 09/2014), via a Master Control Agreement (MCA) between the San Diego County Sheriff's Department (Sheriff) and ARJIS. The CLETS PPP further references the Federal Bureau of Investigation (FBI) Criminal Justice Information Services (CJIS) Security Policy (current rev. 5.3, 8/4/2014). 2b. Source Data and Photo Enrollment Method ARJIS relies on the Sheriff's booking system to provide the booking images and associated data fields that are utilized in the system for matching of field -generated photos. The booking images conform to National Institute of Standards and Technology standards. Each booking photo is enrolled by utilizing a complex mathematical algorithm to convert the photo into a set of alphanumeric characters that represent the features on the subject's face. These photos are received daily from the Sheriff through a secure automated interface. The photos are stored in a regional database, hosted, and 3 63 of 355 maintained by ARJIS. Only select ARJIS authorized technical staff has access to the booking photo database. 3. Data Limitation The TACIDS system exists for the sole purpose of identifying individuals for authorized public safety purposes. The photographs taken in the field are matched only against the Sheriff's booking photo database. No other databases, such as drivers' licenses photo databases, are linked to or accessible via TACIDS. In addition there is no interface of TACIDS to any form of video surveillance. 4. Performance Evaluation In addition to audit reports, ARJIS staff regularly monitors the TACIDS system for performance, reliability, and functionality. Staff also provides system generated management reports for the participating agencies that highlight agency use, the number of matches with a 90 percent or better confidence rating, and any technical issues identified during the reporting period. Other system -generated reports are produced on an as -needed basis. 5. Transparency and Notice ARJIS is a Joint Powers Agency governed by the San Diego Association of Governments (SANDAG) Public Safety Committee, which includes elected officials representing the subregions of San Diego County and public safety officials. The acquisition of TACIDS was a competitively bid procurement. A PIA was completed and published prior to implementation of TACIDS. This policy, the associated PIA, and other governing documents are currently posted on the ARJIS website — ARJIS.org. 6. Security ARJIS is responsible for the maintenance of the TACIDS server, software upgrades, network infrastructure, and the coordination of system access. TACIDS is hosted within the ARJIS secure infrastructure and is physically located in a secured law enforcement facility with multiple layers of physical security and 24/7 security protections. Physical access is limited to authorized personnel that have completed background investigations and completed the relevant FBI CJIS training. ARJIS utilizes strong multi -factor authentication, encrypted communications, firewalls, and other reasonable physical, technological, administrative, procedural, and personnel security measures to minimize the risks of unauthorized access to the system. ARJIS meets both the CaIDOJ CLETS and FBI CJIS Security Policies, which include certified FIPS 140.2 compliance (U.S. Government computer security standard), antivirus, and mobile device management software. The ARJIS mobile platform currently provides a set of statically 4 64 of 355 assigned IP address blocks to each regional agency, and working with the mobile data partners, ARJIS has established a Mobile Provider Network (MPN). The MPN solution provides a pathway for any device that is provisioned with the ARJIS MPN configuration to directly connect and route data from the mobile device, to the carrier's cellular tower and straight through to the ARJIS network, without interruption. ARJIS chose to use statically assigned IP addresses specifically to address any potential security concerns and to maintain the most complete control over the network and data security. This also provides ARJIS with the ability to control the flow of data traffic to the device. Effectively, ARJIS considers any device provisioned within the ARJIS MPN solution to be a client device, and as such maintains several layers of security that allow ARJIS to stop, re-route, or terminate service to any one agency at any time, while continuing to provide service to other participating agencies. Since ARJIS is responsible for device configuration and IP assignment, ARJIS is able to immediately suspend or terminate a device without relying on mobile carriers to make changes. 7. Retention, Access, and Use Of Facial Recognition Data 7a. Retention Data retained within TACIDS includes the following, with corresponding retention periods: 1. Initial booking records, including booking photos that are sent by the Sheriff — this data is owned and managed by the Sheriff, who sets its retention schedule 2. Internal roster of system users — continually maintained and updated as users are added/deleted 3. Activity logs — retained for a minimum of three years 4. Images on mobile devices - deleted per the law enforcement agencies' Regional Facial Recognition Operational Protocol schedule (currently proposed at 24 hours) 7b. Requirements for All Users Accessing TACIDS Prior to utilizing TACIDS an agency must comply with the following: • Be an ARJIS public safety member agency • Be a CLETS-certified agency • Comply with applicable FBI CJIS security policies • Designate a security officer, responsible for authorizing system access and managing user accounts 5 65 of 355 Only those authorized law enforcement personnel who have met the minimum requirements of completing CLETS certification, FBI CJIS Security Awareness Training, and background checks required for access to criminal justice data may access TACIDS. Authorization is managed by each agency's security officer. Authorized users must have an ARJIS account and are mandated to follow the procedures for establishing complex passwords that must be changed every 90 days. TACIDS users are required to sign an agreement upon issuance of a TACIDS-enabled device certifying that they have read and will comply with this Policy. All access and use is logged and subject to audit in accordance with the procedures outlined in the audit section below. 7c. Use of TACIDS Data TACIDS is to be used solely to assist law enforcement officers in the identification of individuals consistent with the Specification of Use set forth above. Potential matches presented by TACIDS are considered advisory in nature and any subsequent verification of the individual's identify and/or follow-on action should be based on an agency's standard operating procedures. 8. Auditing and Accountability TACIDS also includes preset queries to the database for auditing and other tracking functions. Capabilities include: tracking accounts, general usage, session logs, enrolled devices, and other key system components. Access to, and use of, facial recognition data is logged for audit purposes. Audit logs shall be maintained for a minimum of three years. Audit reports are structured in a format that is understandable and useful and will contain at minimum: • The name and ARJIS ID of the law enforcement user; • The name of the agency employing the user; • The date and time of access • A copy of the biometric template created at the time of the photo capture ARJIS will provide specific information regarding individual access and query upon request from the associated member agency. Identifying and addressing intentional misconduct is the responsibility of the individual agency. Notwithstanding the agency's responsibility with regard to misconduct, ARJIS reserves the right to enforce this Policy as described below. 9. Enforcement of Policy Violation of this Policy by an ARJIS member agency or its staff may lead to suspension or termination of an agency or particular agency staff person's access to TACIDS. In the event a 6 66 of 355 member agency discovers suspected or actual misuse of TACIDS, it will immediately inform the Director of ARJIS, who will in turn immediately notify the SANDAG Director of Technical Services and SANDAG Executive Director. In the event ARJIS discovers suspected or actual misuse of TACIDS, the Director of ARJIS will immediately notify the SANDAG Director of Technical Services, the SANDAG Executive Director, and the member agency. The Technical Services Director, in consultation with the Director of ARJIS, or their designees, will determine whether to suspend or terminate access and if so for whom the suspension or termination will apply and will notify the affected member agency. The affected member agency will be notified of the decision by SANDAG and then will have 10 calendar days to appeal the decision to the SANDAG Executive Director. The Executive Director shall have final decision - making authority. 10. Policy Revisions The Acceptable Use Policy for Facial Recognition will be brought to the SANDAG Public Safety Committee and the SANDAG Board of Directors at least once per year for review and determination regarding the need for amendments. Updates regarding the TACIDS system will be provided to the SANDAG Public Safety and Chiefs'/Sheriff's Management Committees annually or upon request. 11. Indemnification Each user of the TACIDS system (User) agrees to indemnify and hold SANDAG and ARJIS, and each of their personnel, harmless from any claim or demand, including reasonable attorneys' fees, made by any third -party in connection with or arising out of use of the TACIDS system, User's violation of any terms or conditions of this Policy, User's violation of applicable laws, regulations or other policies, or User's violation of any rights of another person or entity. The term "Users" is defined to include each agency accessing the TACIDS system, as well as each individual person with access to the TACIDS system. 7 67 of 355 CC/CDC-HA Agenda 10/4/2016 — Page 68 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the 30-day review and public comment of the National City Police Department's grant application in the amount of $25,397 to the 2016 Edward Byrne Memorial Justice Assistance Grant (JA 68 of 355 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 4, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the 30-day review and public comment of the National City Police Department's grant application in the amount of $25,397 to the 2016 Edward Byrne Memorial Justice Assistance Grant (JAG) Program to purchase Motorola handheld radios, and Tactical SWAT vests, and authorizing the acceptance of the grant award, and authorizing the expenditure of grant funds. PREPARED BY: Chris Cameon, Police Sergeant DEPARTMENT: Police PHONE: (619) 336-4524 APPROVED BY: EXPLANATION: The Office of Justice Programs' (OJP) Bureau of Justice Assistance (BJA) at theU.S. Department of Justice announced that the City of National City is eligible for a grant award of $25,397 via the FY 2016 Edward Byrne Memorial Justice Assistance Grant (JAG) Program — Local Solicitation. The City is required to make the grant application available to the City Council and to citizens for the governing body and public's 30-day review and comment; a formal award will not be made until the 30-day review requirement has been met. The JAG Program provides States and units of local governments with critical funding necessary to support a range of program areas, including law enforcement, prosecution and court programs, prevention and education programs and etcetera. Applicants are required to complete an on-line application, and submit a budget and various narratives justifying the use of the funds. The National City Police Department proposes to use the funds to purchase police radios and Tactical SWAT vests. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. 290-411-657-* (Expenditure Account) APPROVED: 290 —11657-3498 (Revenue Account) The 2016 JAG Program Local Solicitation does not require a match or in -kind contribution from the City. ENVIRONMENTAL REVIEW: Not Applicable ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: Staff recommends that the City Council adopt the resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: "2016 JAG Program Narrative" 69 of 355 -1 CALIFORNIA T °III :►.r '� A ., CI �` INnay CORpOitATEn -J fi Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2016 Local Solicitation Program Narrative The National City Police Department is requesting approval to utilize its Fiscal Year (FY) 2016 Edward Byrne Memorial Justice Assistance Grant (JAG) Program -Local Solicitation allocation of $25,397 to purchase Motorola Handheld Police Radios, and Tactical SWAT vests. This grant will only be utilized for the procurement of technologies and safety equipment to assist frontline law enforcement personnel in the field. The National City Police Department is always seeking new ways to improve our equipment to stay on the forefront of technology to remain competitive with societal improvements and the abilities of the criminal element using technology to commit crime. The acquisition of radios, and SWAT vests will enable officers to stay technologically ahead of the criminal element. The grant funded police radios will be GPS enabled to allow for dispatchers to locate an officer from the GPS location feature on the radio. We plan to purchase the newest, state of the art equipment available to allow us to communicate as effectively as possible under almost any circumstances. National City Police Department 1200 National City Boulevard, National City, CA 91950-4302 619/336-4400 Fax 619 ww.nationalcityca.gov 70 of 355 CC/CDC-HA Agenda 10/4/2016 — Page 71 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, 1) increasing the contract with Fordyce Construction, Inc. in the not -to -exceed amount of $120,000, for a total not -to -exceed contract amount of $494,077.75, to provide additional repairs and fa 71 of 355 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 4, 2010 AGENDA ITEM NO. ITEM TITLE: [Resolution of the City Council of the City et National City, 1) increasing the contract with Fordyce Construction, Inc. in the not -to -exceed amount of $120,000, for a total not -to -exceed contract amount of $494,077.75, to provide additional repairs and facility improvements to address unforeseen conditions discovered during construction of the Las Palmas Park Municipal PoollCamacho Gym/Fire Station 31 Improvements Project, CIP No. 16-02; 2) ratifying execution of Change Order No. 7 in the amount of $50,835 to properly dispose of asbestos and lead -based paint materials contained in the bungalows located in the Pepper Park parking lot; and 3) authorizing the appropriation of $25,000 in the Fire Station 31 Improvements CIP expenditure account from General Fund fund balance PREPARED BY: `Stephen Manganiello PHONE: [336-43821 EXPLANATION: ;See attached] DEPARTMENT: APPROVED BY: FINANCIAL STATEMENT: APPROVED: `1! ACCOUNT NO. I APPROVED: Engineering & Public Works [001-409-500-598-1609 (Fire Station 31 Improvements CIP): $25,000 — new appropriation Remaining funds available through previous City Council appropriations. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Finance MIS Adopt the Resolution increasing the contract with Fordyce Construction, Inc. in the not -to -exceed amount of $120,000 for the Las Palmas Park Municipal FoollCamacho Gym/Fire Station 31 Improvements Project, CIP No. 16-02.I BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. explanation 2. Change Order #7 3. Resolution j 72 of 355 EXPLANATION On March 15, 2016, City Council adopted Resolution No. 2016-40 awarding a contract in the amount of $325,285 to Fordyce Construction, Inc. for the Las Palmas Park Municipal PoollCamacho Gym/Fire Station 31 Improvements Project, CIP No. 16-02 ("Project") and authorizing a 15% contingency in the amount of $48,792.75. The project represents Phase I of refurbishments to the National City Municipal Pool, Camacho Recreation Center and Fire Station 31. The contract also includes removal and disposal of the bungalows from the Pepper Park parking lot. Staff is recommending increasing the contract with Fordyce Construction, Inc. in the not -to -exceed amount of $120,000 to provide additional repairs and facility improvements to address unforeseen conditions discovered during construction. This amount would be above and beyond the previously authorized 15% contingency, resulting in a total not -to -exceed contract amount of $494,077.75. Most of the funding requested is needed to address environmental compliance issues involving mold at Fire Station 31 and hazardous building materials contained in the bungalows located in the Pepper Park parking lot. Funding is available through the Environmental Compliance, Contract Services account. In order to meet the deadline of October 30, 2016, as established by the Temporary Use Permit between National City and the San Diego Unified Port District, at staffs direction the Mayor executed Change Order No. 7 in the amount of $50,835.00 to properly dispose of asbestos and lead -based paint materials as part of removal and disposal of the bungalows from the Pepper Park parking lot. Since the amount of this change order exceeds $50,000, ratification by City Council is required. Funding for improvements to Las Palmas Municipal Pool and Camacho Recreation Center is available through the Las Paimas Park CIP account. In order to ensure sufficient funding for Fire Station 31 improvements, staff is requesting City Council authorization to appropriate $25,000 in the Fire Station 31 Improvements CIP expenditure account from General Fund fund balance. 73 of 355 Las Palmas Pool, Camacho Gym and Fire Station 31 Specification #16-02 Contractor. Fordyce Construction, Inc. IReasordPurpose for this Change Order. Upon direction from the City, the contractor was asked to provide a proposal to remove asbestos and lead paint from the bungalows in Pepper Park (COR 21.2). CHANGE ORDER NO.7 September 8, 2016 i1 The City of National City and Contractor agree to the following change to the original Contract !The City and the Contractor agree that the Contractor will provide ail the services described in Exhibit "A" for the lump sum price of $50,835. Original Contract Amount $ 325,285.00 Net change by previously authorized Change Orders Subtotal Amount of this change order New contract amount... ................................. $ 101,485.00 Working days added: 20 Working days subtracted: 0 Percent change in Contract to dais 46.83% 426, 770.00 50,835.00 477,605.00 81i.7/k pmjer',t ManYi ter JJ[f f Date y I' Mayor _ Date Approved by: Ci ng,... ineer • i .�l. L.6�............. ..... Date ...........q l rah..__..._R 424, Date City Manager, regylnedforCearbzjeo By signing this Change Order the Contractor confirms that hershe Is completely familiar with its terms and conditions and has fairly negotiated Its price, tennis and conditions. If this Change Order is approved, Contractor will provide all of the equipment, materials and labor necessary tc provide a complete work as described above et that the price stated herein. Addtalonally, Contractor confirms that the price is fair and complete and represents all costs associated watt the work, Including but not limited to all equipment, materials, Tabor, supervision, overhead, fees, bonds, insurance, profit, etc. and that there will be no further compensation. All of the terms end conditions of the original contract documents are incorporated herein. Accepted and agreed to bvFORDYCE CONSTRUCTION, Inc. Name: .w.,.... ................. Date Note to Contractor. if you do not agree with this Change Order you may be directed to proceed with this worts under the terms of the contrad and you may proceed under protest You must comply with the contract requirements of submitting a written protest to protect your claim. Originals: City Clerk, Contractor cc: Engineering project file, Project Manager 1243 National City Boulevard; National City, CA 91950 74 of 355 Telephone (619) 336-4380 Las d s P�aye sad roar ose. Specification *liY.{{LL W (R Affkichosoot"W" {� p� Li p� yp 2016 ��• WORK fuvO/NNED Gt i gORDNI .G. COOSTRUCTIOIG - Or NO astrestas J feed paint reenarasf ACCOUNTING FOR'TiME, KACTIOl7ALS, AND EqUIPNENT Resume asbestas and Iced p aNt frees libroaeleas 75 of 355 ORDYCE e CONSTRUCTION 9332 Prospect Am, #138 Santee, CA 92071 Phone (919)449-4272 Fax (619)449-19:30 UCeriSe # 608529 COST ESTIMATE SUMMARY SHEET for EXTRA WORK ProJeit: Las Palmas Pool,Camacho Gym arid Fire Station 31 Deacription of Work: 212 Pepper park abatement of bungalows Contractor: Fordyce Construction COR Spec No: 16037 Dtde: 92016 - •• ,.7.:11V.66#0-It';,..- ''''''''',, ' ':1,:-:;'1•-:;:j;f-.`, ' . '''''''' , '''''': 7 7 , - - .,. .1",* ;.::-.ilY-,,•,. 5.1. ''':..C'S;F•IZ%.;_-,T.tt . 1 Prime Contractor (Includes Prime Contractor Mark Up) $4,106.10 $46,977.40 1 2 Sub -Contractor (Includes Prtme Contractor Mark Up) _ f Subtertat ma0,-083.5 1.5% BOND: • $751.25 76 of 355 CONSTRUCTION ORDYCE k iSantee CA 1 Phone t _4 49 72 Fax 449- 90 License 4098929 C VERBAL CiAlltAgrOR . cOST CsitiMagispigru WORK Project: Les patinae Pool,c macho Gym end Fire Staibn 31 Contrast t 40. Description oil Work prepared By: Amy Crandaj COR: 21.2 pepper park abatement cif bungalows Contractor. Fordyce Construction Ina. Deter: 09l0Bt16 Project No. 14002 Hem Leber Supervision permit process 12 8 _ Mataiiula Unit Cost Total Labor an =.ere Routs Rate Labor Equipment Unit Cost Total Sub- contractor Coat HR 12 a 8 0 75.00 75.00 60,13 50.13 900.00 600.00 0.004 HR 0 50.13 0.00 HR 0 5013 Equipment motruanA eta Aleut 0 0 500.00 0.00 0.00 0. 660.00 0.00 0.p0 • 0.90 0.00 874;38 1596 $1$i.es • Marl 1 083.03 • 1,500:00 6.3Z 614.80, 2.014.e0.... 20% $. 402,80 16% '1 3.2 17.* `!. .. .788.00 $43.75 L.: -.;.r: 1 $51.58 596 2y189,40 $82e:3i 3Subcont. $45,877.40 $43.78.5.00 77 of 355 �Jax¢.Kx>:e tta!efa A a:c.rreii�+:en - .id f :tirle.'ixi, m : £d: i' kw ENVIRONMENTAL Atigus104, 2016 Mr. Vince Cr1sc Fordyce Construction 9932 Prospect Ave., Suite 138 Santee, CA 92071 8293 AERO PLACE. SUITS 160, SAN 0iEGO. CA 92123 i 858 2E81500 ! tax 858 268 3525 www.Wakk}hsEhviro.com ! C/:HC9ff.5E +:9664£4 Project Pepper park bungalows Subject Asbestos and lead abatement Dear Mr. Crisci, Phone: Fax: Quote #0-4036GW (619) 449-4272 (619) 449-1930 E-mail: vcrisoi{ fordyce:,onstruction {As li Watkins Environmental Is pleased to provide you with the following quote for work en your project. Our quote is based on the following Work to be Performed, kerns Included In Quote, Items Excluded from Quote, and General Conditions of Quote. Work to be Performed Remove and dispose of the asbestos and lead as iderrhfied in the ESC surveys dated 7-27-16. Alt work to be performed prior to demolition by others. Cur Price floe th s Wurk $42,788.00 This quote is valid for 60 days from the date al the quote. if you do not notify Watkins Environmental, Inc. with a notice of intentto award or issue a oontractvr win the 60-day period, we retain the right to revise our price and re- submit. This quote is subject to any regulatory cost changes and industry cost increases that would require a modification to the quote. All work will be performed in strict compliance with all Federal, State and Local regulations. We appreciate the opportunity to quote on your project. If I can be of any further assistance, Tease do not hesitate to call me at (B58) 268-1 6600_ Sincerely, Greg Watkins Paget et 3 78 of 355 Irc"li hoes R'.Iterl i i`,. R:'Ac.J2.0[_:ilc'+jIMITEV AiLi r`NVIR0itik rTA1. • 8261 AFRO PLACE, 50ITE 160, SAR moo, CA 92123 r 658 26E 1S60 I fax 656 26B 1525 voww.Watkins£nrire.ca,n CA':cense #96546! Inclusions, Exclusions, and General Conditions of Quote O-403t3C+fflf, dated August 04, 2016 1lem rl`1cided in Quote: All Friiabie andfo6 Non -Friable Asbestos Waste will be properly containerized, manifested, transported, and disposed of at a landfill chosen by Watkins Environmental, Inc. Only personnel certified and trained in the type afwork being performed will be allowed in the work areas. • Watkins will provide all its own electrical power requirements • Everything described under Work to be Performed. • Watldns bki is based on all asbestos, lead,universal waste andlor other hazardous materials and quantlllesas Ideated in reports provided. • Waadns will frite a third party industrial hygiene firm of its choice to do the required lead clearances. • All Lead Waste will be properly containerized, manifested farequired), transported, and disposed of properly at a facility chosen by Watkins Environmental, Inc. • Client agrees to provide watfans with dumpster staging area directly adjacent to our work area. Ali required Federal, State, County, and Local agencies, Including but not limited to Air Pollution O Control Distrftd,Cal OSHA, DOSH, and DHS will be notified as necessary prior to work. Watkins Environmoental. Inc. will be responsible for paying an fees, O Prevailing wage rates will be paid. Items Excludedfrom Quote: • Any work required that is not specifically Identified under Work to be Performed or in the Items Included in ourOuote. e Cutting, capping, or redirect rig utilities. • Moving of any Remit" access our work, including bul not limited to furniture, fixtures, equipment, etc. • Removal and or d"isposai deny other hazardous materials not defined under Work fill be Performed. O Replacement Marry materials or items removed by Watkins Environmental. • Removal ral of anyltsts!s+r: be s& age! or reused. • Any sire few,. • Watkins will not be providing any site security. • Any required SV41PPP documents, implementation, or maintenance. • Providing any Crary toilets or sanitation facilities. We will not be held rye forweather protection of our work areas, including but not limited to heat, rain, hail, snow, water, wind or any other weather condition. General Conditions of Quote: • OwnerFCltentagrees thatretenton will not be held from our payment. • Payment Is 100% due vein 30 days of invoice. • Owner/Client to provide all water necessary to perform our work. Page2of3 79 of 355 Vntraia f n`. •rr.. dial: t .:aer A. - r2f 'eh ENVIRONMENTAL 8291 ABRO f+LACE, SUITE 160. SARI D1EG0. CA 92123 858 268 1500 fax *Se 268 1325 www,WatkirsEnvifa.mm i CIS :cerise F96E46= AUTHORIZATION TO PROCEED By signing this Authorization to Proceed, you agree that you have read the attached description of the Work lo be Performed and you understand the Items Included in Quote, Items Excluded from Quote, and General Condition of Mote tor Quote #44086GW, dated August 04,2016. You are authorizing Watkins Environmental, Inc. to proceed. If you are not the Owner,Ciient, you warrant that you are duly authorized to sign on behalf of the Owner/Client listed. You agree to the quote amount and the paymentterms. Any discrepancy or daim arising out of or relating to this project shall be settled in the County of San Diego by arbitration In accordance with construction industry arbitration rules of the American Arbitration Association_ Mr. Vince Ciisci Fordyce Construction Print Name: Signature: P2ge3 ICE 3 'fitter 80 of 355 81 of 355 CC/CDC-HA Agenda 10/4/2016 — Page 82 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the establishment of an appropriation and corresponding revenue budget in the amount of $8,291.78 from the County of San Diego Lower Sweetwater Fire Protection District "Equipment Rep 82 of 355 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: 'October 4, 2016. AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the establishment of an appropriation and corresponding revenue budget in the amount of $8,291.78 from the County of San Diego Lower Sweetwater Fire Protection District "Equipment Replacement Plan" and authorize the purchase of two treadmills for the National City Fire Department. (Fire) PREPARED BY: Frank Parra, DEPARTMENT: PHONE: 619-336-4551: APPROVED BY: EXPLANATION: The National City Fire Department has provided fire protection and emergency medical services to the Lower Sweetwater Fire Protection District since March 1982. Per Resolution 2010-271, the First Amendment to the Agreement for fire protection and emergency medical services for the Lower Sweetwater Fire Protection District established an "Equipment Replacement Plan" (Page 3, Section 6). The District would maintain a reserve balance of $250,000 and any funds in excess of the designated reserve shall be made available to the City as equipment replacement funds. Equipment replacement funds would be used exclusively for the purchase of new National City Fire Department vehicles and operational fire and emergency medical equipment. Recently, staff received quotes to replace two treadmills in the National City Fire Department and submitted a request for it to be purchased from the District's equipment fund. The Lower Sweetwater Fire Protection District Board approved the request and a check for $8,291.78 has been received. Staff recommends the establishment of an appropriation and corresponding revenue budget in the amount of $8,291.78 and authorize the purchase of two treadmills for the National City Fire Department. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. ,Rev. 001-12125-3558 / Ex. 001-412-125-355-0000 APPROVED: No net negative impact. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: fkuthorize the establishment of an appropriation and corresponding revenue budget in the amount of $8,291.78 from the County of San Diego Lower Sweetwater Fire Protection District 'Equipment Replacement Plan" and authorize the purchase of two treadmills for the National City Fire Department. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Resolution 2010 — 271 2. First Amendment to the Agreement for Fire Protection and Emergency Medical Services for the Lower Sweetwater Fire Protection District 3. Resolution 83 of 355 RESOLUTION NO. 2010 — 271 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES FOR THE LOWER SWEETWATER FIRE PROTECTION DISTRICT, WHICH PROVIDES FOR NEW GENERAL FUND REVENUE AND EQUIPMENT WHEREAS, the National City Fire Department has provided fire protection and emergency medical services to the Lower Sweetwater Fire Protection District ("District") since March, 1982; and WHEREAS, in 1998, the City and the District entered into an Agreement for protection and emergency services, which included the District's proposal that the annual service fee be based on increases in the Consumer Price Index for All Urban Consumers (CPI) for the San Diego metropolitan area according to the U.S. Department of Labor Bureau of Statistics; and WHEREAS, this First Amendment changes the annual service fee by requiring the District to provide monthly property tax revenue statements to the City to pay the City quarterly payments for services, which will be based on 80% of the District's monthly property tax revenue; and WHEREAS, the District also agrees to pay the City for one fully equipped fire engine in the amount of $531,439.13 by December 1, 2010; and WHEREAS, the District agrees that funds in excess of the $250,000 reserves will be made available to the City to purchase new National City Fire Department vehicles. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the First Amendment to the Agreement for Fire Protection and Emergency Medical Services for the Lower Sweetwater Fire Protection District. Said Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of December, 2010. ATTEST: Mic ael R. la City Clerk APPROVE[? AS TQ FORM: dia G. Silv City Attorney Ron Morrison, Mayor 84 of 355 Passed and adopted by the Council of the City of National City, California, on December 7, 2010 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2010-271 of the City of National City, California, passed and adopted by the Council of said City on December 7, 2010. City Natio nal City, California I k of the By: Deputy 85 of 355 FIRST AMENDMENT TO THE AGREEMENT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES FOR THE LOWER SWEETWATER FIRE PROTECTION DISTRICT THIS FIRST AMENDMENT TO THE AGREEMENT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES FOR THE LOWER SWEETWATER FIRE PROTECTION DISTRICT is entered into this 7th day of December, 2010, by and between the City of National City ("CITY") and the Lower Sweetwater Fire Protection District ("DISTRICT"). WITNESSETH WHEREAS, on September 16, 2008, the CITY and DISTRICT entered into an agreement entitled "Agreement for Fire Protection and Emergency Medical Services for the Lower Sweetwater Fire Protection District" ("Agreement"); and WHEREAS, the CITY has been providing fire protection and emergency medical services to the DISTRICT pursuant to the Agreement since November 17, 1998; and WHEREAS, the DISTRICT was organized to provide fire protection to its citizens; and WHEREAS, the CITY lies contiguous to the DISTRICT territory and maintains professional fire protection and emergency medical service within its CITY; and WHEREAS, the CITY is willing to continue to provide fire protection, emergency medical and related services to the DISTRICT. NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. Section 1 of the Agreement is amended as follows: GENERAL CONDITIONS. The CITY agrees to provide fire protection and emergency medical services to the DISTRICT. Furthermore, the CITY agrees to include the DISTRICT in the CITY's paramedic service area, as long as said service remains a non -subsidized service to the CITY. In addition, the CITY agrees to provide the following fire prevention related services: Code Enforcement/Weed Abatement. The DISTRICT shall agree to adopt the Uniform Fire Code and amendments as specified by the National City Fire Department. Prior to the adoption of the Uniform Fire Code and amendments, the DISTRCT will receive a 30-day notice to allow for review of the Uniform Fire Code and amendments. Enforcement procedures shall be developed by the National City Page 1 86 of 355 Fire Marshal and shall meet with the approval of the National City Director of Emergency Services and the DISTRICT Board of Directors. Enforcement procedures shall be based on a "complaint basis only". Complaints received by the National City Fire Department shall be investigated and a written report submitted to the DISTRICT Board of Directors. The DISTRICT Board of Directors shall advise the National City Fire Department on action to be taken. The National City Fire Department reserves the right to take immediate action on complaints received that represent an imminent hazard to life and property (including hazardous materials) whenever necessary. In such cases, a written report shall be submitted to the DISTRICT Board of Directors of any action taken by the National City Fire Department. The issuance of permits as set forth in the Uniform Fire Code is included as Code Enforcement. All weed abatement enforcement actions shall be carried out in accordance with the CITY's Abatement Ordinance and the Uniform Fire Code. Building Plan Review. Plan checks shall be done in accordance with the Uniform Fire Code as adopted by the CITY. Business Fire Safety Inspections. Shall be conducted by the National City Fire Department at the request of the business owner/manager only. Enforcement procedures shall be in accordance with the Uniform Fire Code, National Fire Protection Association (NFPA), and Municipal Codes and Ordinances. The DISTRICT Board of Directors shall be advised in writing by the National City Fire Department of any action taken in those cases where an imminent hazard has been found to exist. Legal Services. It is understood that the CITY's City Attorney will provide no legal services regarding any of the fire prevention related services described above. 2. Section 2 of the Agreement is modified by adding the following: TERM. This First Amendment is effective as of October 1, 2010 and shall continue in full force and effect until September 30, 2020, or until either party exercises the right to terminate as setforth in Section 3 "TERMINATION". 3. Section 3 of the Agreement is amended as follows: TERMINATION. This agreement may be terminated by either of the parties hereto upon delivery of a written notice of intent to terminate from the initiating governing body to the other governing body. Said termination shall become effective three (3) months from the delivery of notice or as mutually agreed upon by the parties. 4. Section 4 of the Agreement is amended as follows: QUARTERLY SERVICE FEE PAYMENTS. The DISTRICT will provide monthly property tax revenue statements to the CITY. For each quarter year during the term of this agreement, commencing on October 1, 2010, and continuing thereafter of each subsequent quarter year (i.e. January 1, April 1, July 1, and Page 2 87 of 355 October 1), the DISTRICT agrees to pay the CITY quarterly payments for services. Fire Prevention Services shall be charged according to the current CITY's Fee Schedule. 5. Section 5 of the Agreement is amended as follows: QUARTERLY SERVICE FEE ADJUSTMENTS. Each quarter, the quarterly service fee payment will be adjusted based on the monthly property tax revenue statements provided by the DISTRICT. For example, the quarterly service fee that is due on October 1st will be based on adjustments for the quarter (i.e. July, August, and September). The quarterly service fee will be calculated based on 80% of DISTRICT monthly property tax revenue. 6. Section 6 of the Agreement is amended as follows: EQUIPMENT REPLACEMENT PLAN. The DISTRICT shall pay the City by December 1, 2010 for one fully equipped fire engine for $531,439.13. The DISTRICT will maintain a reserve balance of $250,000 for FY 2010/2011. The DISTRICT will inform the CITY of changes to the reserve made during the annual budget process. DISTRICT funds in excess of the designated reserve shall be made available to the CITY as equipment replacement funds. Equipment replacement funds paid by the DISTRICT shall be used exclusively for the purchase of new National City Fire Department vehicles and operational fire and emergency medical equipment. Equipment replacement funds are separate and distinct from quarterly service fee payments. The Director of Emergency Services will make all recommendations for expenditures of equipment replacement funds subject to City Council approval. Equipment funded by the DISTRICT shall be property of the CITY. 7. Section 7 of the Agreement is amended as follows: IMPLEMENTATION. The CITY and the DISTRICT shall exercise their best efforts to implement the terms and conditions of this agreement. 8. Section 8 of the Agreement is amended as follows: NO MANDATORY DUTY. The obligations assumed by the CITY pursuant to this agreement shall not create a mandatory duty on the part of the CITY or any officer or employee of the CITY under Section 815.6 of the California Government Code. 9. Each and every provision of the Agreement shall remain in full force and effect, unless specifically amended by this First Amendment. Page 3 88 of 355 IN WITNESS WHEREOF, the parties hereto have caused this Agreernent to be executed the day and year first herein set forth. CITY OF NATIONAL CITY By: Ron Morrison, Mayor A 1"1 EST: wja•Pli Micha 1 Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Sil a City Atto LOWER SWEETWATER FIRE PROTECTION DISTRICT By: Kurt Worden, President Page 4 89 of 355 CC/CDC-HA Agenda 10/4/2016 — Page 90 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the installation of 80 feet of bus loading with signage, Monday to Friday from 9:00am to 1:00pm, on the west side of "F" Avenue just south of E. 18th Street, adjacent to the Stein Fam 90 of 355 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 4, 2016 AGENDA ITEM NO. ITEM TITLE° Resolution of the City Council of the City of National City authorizing the installation of 80 feet of bus loading with signage, Monday to Friday from 9:00am to 1:00pm, on the west side of "F" Avenue just south of E. 18th Street, adjacent to the Stein Family Farm, to allow for loading and unloading of students during field trips (TSC No. 2016-06) PREPARED BY: Stephen Manganiello PHONE: 619-336-4388 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. NIA ENVIRONMENTAL REVIEW: NIA ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution authorizing the installation of 80 feet of bus loading with signago, Monday to Friday from 9:00am to 1:00pm, on the west side of "F" Avenue just south of E. 18th Street, adjacent to the Stein Family Farm. BOARD 1 COMMISSION RECOMMENDATION: At their meeting on September 14, 2016, the Traffic Safety Committee unanimously approved the staff recommendation to install 80 feet of bus loading with signage on the west side of "F" Avenue just south of E. 18th Street. ATTACHMENTS: 1. Explanation %.1111 Location Map 2. Staff Report to the Traffic Safety Committee on September 14, 2016 (TSC No. 2016-06) 3. Resolution 91 of 355 EXPLANATION Ms. Lori Anne Peoples, Founder/Chair of the Stein Family Farm located at 1808 "F" Avenue in National City, has requested special signage for bus loading only on the west side of "F" Avenue, adjacent to the Farm, to allow for loading and unloading of students during field trips. Ms. Peoples has indicated that over 6,000 school children tour the Farm each year. She has concerns about children walking in the street when buses are required to park off -site due to vehicles parked curbside, adjacent to the Farm entrance. Ms. Peoples confirmed that the student tours are typically held Monday through Friday, late morning to early afternoon, so as not to interfere with student drop-off/pick-up times for nearby John Otis Elementary School. Therefore, the time restrictions for the "Bus Loading Only" signs would be Monday to Friday from 9:00am to 1:00pm. A minimum of 80 feet is required to allow for bus loading, which would result in the loss of four public parking spaces during the time period. The proposed time restrictions would not prohibit overnight parking for nearby residents. On September 14, 2016, the Traffic Safety Committee unanimously approved the staff recommendation to install 80 feet of bus loading with signage, Monday to Friday from 9:00am to 1:00pm, on the west side of "F" Avenue just south of E. 18th Street, adjacent to the Stein Family Farm, to allow for loading and unloading of students during field trips. Staff mailed notices to area residents inviting them to attend the Traffic Safety Committee Meeting should they have questions or concerns regarding the request for bus loading. Ms. Peoples was present at the Traffic Safety Committee Meeting and spoke on behalf of the item. There was no public opposition to the item. If approved by City Council, all work will be performed by City Public Works. 92 of 355 Location Map with Recommended Enhancements SC Item #2016-06 w18TH ST,E 41 A§ -! IP rfri • $fain FmniIy Farm laOI4 ar Avenue John A. Otls elementary School Install 80 fee4 of "Bus Loading Only' with s�ignags Mon-Frl. 9:0OAM-1:OOPM 93 of 355 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR SEPTEMBER 14, 2016 ITEM TITLE: ITEM NO. 2016-06 REQUEST TO INSTALL 80 FEET OF "BUS LOADING ONLY" WITH SIGNAGE, MONDAY TO FRIDAY FROM 9:OOAM TO 1:O0PM, ON THE WEST SIDE OF "F" AVENUE JUST SOUTH OF E. 18TH STREET, ADJACENT TO THE STEIN FAMILY FARM, TO ALLOW FOR LOADING AND UNLOADING OF STUDENTS DURING FIELD TRIPS (BY L. PEOPLES) PREPARED BY: Stephen Manganiello, Director of Public Works / City Engineer Engineering & Public Works Department DISCUSSION: Ms. Lori Anne Peoples, rounderlehair of the Stein Family Farm located at 1808 "F" Avenue in National City, has requested special signage for bus loading only on the west side of "F" Avenue, adjacent to the Farm, to allow for loading and unloading of students during field trips. Ms. Peoples has indicated that over 6,000 school children tour the Farm each year. She has concerns about children walking in the street when buses are required to park off -site due to vehicles parked curbside, adjacent to the Farm entrance. Ms. Peoples confirmed that the student tours are typically held Monday through Friday, late morning to early afternoon, so as not to interfere with student drop-off/pick-up times for nearby John Otis Eiementary Schooi. Therefore, the time restrictions for the "Bus Loading Only" signs would be Monday to Friday from 9:00am to 1:00pm. A minimum of 80 feet is required to allow for bus loading, which would result in the loss of four public parking spaces during the time period. The proposed time restrictions would not prohibit overnight parking for nearby residents. Staff mailed notices to area residents inviting them to attend the Traffic Safety Committee Meeting should they have questions or concerns regarding the request for bus loading. STAFF RECOMMENDATION: Install 80 feet of bus loading with signage, Monday to Friday from 9:00am to 1:00pm, on the west side of "F" Avenue just south of E. 18'1' Street, adjacent to the Stein Family Farm, to allow for loading and unloading of students during field trips. EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 2016-06 94 of 355 ivbe stein Family Fara 1808 F Avenue National City, Ca, 91950 619.477.4113 wwwsteinfamiiyfarrn. og FB: The Stein Family Farm March 22, 2016 Mr. Stephen Manganiello Director of Public Works/ City Engineer City of National City 1243 National City Boulevard National City, CA 91950 0 Re: Traffic Safety Committee — Signage/Curb Painting for School Bus Unloading and Loading at 1808 F Avenue and Painting of Driveway Aprons on E Avenue )5404. Dear Mr,,Manganiello: Please accept this request for consideration by the Traffic Safety Committee of two items_ The first being signage and/or curb painting at the comer of 181h and F Avenue, directly in front of The Stein Family Farm house. We have over 6,000 school children who tour the farm each year. Many of them come from their schools on bus and we find it increasingly difficult for the bus to find parking. This creates a dangerous situation for the children by loading and unloading them in the street. if possible we would like to see some signage/curb painting the length of a school bus during the week from 9 a.m. to 2 p.m (the length of our tours) in front of the farm house. The second request is for the painting red of the driveway aprons that provide entrance to the west Meld of the Stein rarnily Farm on E Avenue. This driveway is used by the Sweetwater Authority trucks to check and work on their well. It is also used by our people who deliver mulch, drop of feed for the animals, tree trimmers etc. It becomes very difficult to enter and exit the driveway as people park too close for us to enter and exit. Myself or one of our representatives will be happy to be present at your meeting when advised, to answer any questions. Please let me know if you need any additional information or photos prior to the meeting. Sincerely, Lori Anne Peoples Founder/Chair 619.548.2934 95 of 355 September 1, 2016 Resident/Owner National City, CA 91950 cALIFORNi`A ri ON.• AT CITY �t (---;6teORPORJ 1 RE: REQUEST TO INSTALL 80 FEET OF "BUS LOADING ONLY" WITH SIGNAGE, MONDAY TO FRIDAY FROM 9:00AM TO 1:00PM, ON THE WEST SIDE OF "F" AVENUE JUST SOUTH OF E. 18TH STREET, ADJACENT TO THE STEIN FAMILY FARM TO ALLOW FOR LOADING AND UNLOADING OF STUDENTS DURING FIELD TRIPS (TSC ITEM NO. 2016-06) Dear Resident/Owner: We would like to formally invite you to our next Traffic Safety Committee Meeting scheduled for Wednesday, September 14, 2016 at 2:00 P.M. in the 2nd Floor Large Conference Room of the Civic Center Building, 1243 National City Boulevard, to discuss the item referenced above. If you have any questions or comments, please contact the Engineering Department at 619-336-4380, and reference Traffic Safety Committee Item #2016-06. Sincerely, . Stephen Manganiello City Engineer 2016-06 Engineering & Public Works Department, 1234 National City Boulevard, National City, CA 91950 Phone (619) 336-4380 - Fax (619) 336-4397 - engineering@nationalcityca.gov 96 of 355 Location Map with Recommended Enhancements TSC Item #2016-06) Stain Family Farm 1906 "F" Avenue John A. Otls Elementary School Install 80 feat of "Bus Loading Only" with signally Mon -Fri, 9:00AM-1:00PM 97 of 355 Location of proposed "Bus Loading Only" signage (looking southwest) 98 of 355 CC/CDC-HA Agenda 10/4/2016 — Page 99 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the installation of 40 feet of additional red curb "No Parking" on the north side of E. 8th Street, just east of Arcadia Avenue, to enhance visibility for drivers exiting Arcadia Aven 99 of 355 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 4, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of 40 feet of additional red curb "No Parking" on the north side of E. 8th Street, just east of Arcadia Avenue to enhance visibility for drivers exiting Arcadia Avenue onto E. 8th Street (TSC No. 2016-07). PREPARED BY: Stephen Manganiello PHONE: 619-336-4388 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. NIA ENVIRONMENTAL REVIEW: NIA ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution authorizing the installation of 40 feet of additional red curb "No Parking" on the north side of E. 8th Street, just east of Arcadia Avenue. BOARD / COMMISSION RECOMMENDATION: At their meeting on September 14, 2016, the Traffic Safety Committee unanimously approved the staff recommendation to install 40 feet of additional red curb "No Parking" on the north side of E. 8th Street, just east of Arcadia Avenue. ATTACHMENTS: 1. Explanation wI Location Map 2. Staff Report to the Traffic Safety Committee on September 14, 2016 (TSC No. 2016-07) 3. Resolution EXPLANATION Mr. Chris Butcher has requested additional red curb "No Parking" on the north side of E. 8th Street, just east of Arcadia Avenue to enhance visibility for drivers exiting Arcadia Avenue onto E. 8th Street. Mr. Butcher stated that since the newly built Parkview Memory Care facility opened up Arcadia Avenue for two-way traffic, it has become difficult to see vehicles traveling westbound on E. 8th Street due to insufficient red curb at the intersection. Staff performed a site evaluation. The posted speed limit is 35 mph. E. 8th Street between Harbison Avenue and Arcadia Avenue is relatively flat and has a negligible grade. There is approximately 300 feet of unrestricted parallel parking for up to fifteen (15) standard -sized vehicles on the north side of E. 8th Street from Arcadia Avenue east, adjacent to Paradise Walk housing complex. Staff evaluated line of site for vehicles attempting to exit Arcadia Avenue onto E. 8th Street and recommends painting an additional 40 feet of red curb "No Parking". Currently, there is approximately 28 feet of red curb from the corner of the intersection extending east. The proposed red curb would result in the loss of parking for two standard -sized vehicles. On September 14, 2016, the Traffic Safety Committee unanimously approved the staff recommendation to install 40 feet of additional red curb "No Parking" on the north side of E. 8th Street, just east of Arcadia Avenue to enhance visibility for drivers exiting Arcadia Avenue onto E. 8th Street. Staff mailed notices to the Paradise Walk HOA inviting them to attend the Traffic Safety Committee Meeting should they have questions or concerns regarding the request for additional red curb. Two residents were present at the Traffic Safety Committee Meeting and spoke in support of the item. There was no public opposition to the item. If approved by City Council, all work will be performed by City Public Works. 101 of 355 Location Map with Recommended Enhancements (TSC Item #2016-07) Proposed additional 40' Red Curb "No Parking" Paradise Walk Existing 28' Red Curb "No Parking" Parkview Memory Care (under construction) 102 of 355 ITEM TITLE: 2 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR SEPTEMBER 14, 2016 ITEM NO. 2016-07 REQUEST TO INSTALL 40 FEET OF RED CURB "NO PARKING" ON E. 8T" STREET, E. OF ARCADIA AVENUE, ADJACENT TO THE HOUSING COMPLEX PARADISE WALK TO ENHANCE VISIBILITY AND ACCESS FROM ARCADIA AVENUE ONTO E 8TH STREET (BY C. BUTCHER) PREPARED BY: Stephen Manganiello, Director of Public Works / City Engineer Engineering & Public Works Department DISCUSSION: Mr. Chris Butcher has requested red curb "No Parking" on the north side of E. 8th Street adjacent to the side of the corner lot at 786 E. 8th Street to enhance line -of -sight and safety. Mr. Butcher is requesting painted red curb at said location to improve visibility and enhance safety for vehicles exiting from Arcadia Ave onto E. 8th Street. He has stated that since the newly built Parkview Memory Care building opened up Arcadia Avenue for two-way traffic, it has become difficult to see both east and west on E. 8t1 Street due to the red no parking area not extending far enough to allow clear visibility of oncoming westbound traffic. Staff performed a site evaluation. The posted speed limit is 35 mph. E. 8th Street between Harbison Avenue and Arcadia Avenue is relatively flat and has a negligible grade. There are approximately 300 feet of unrestricted parking for up to fifteen (15) standard -sized vehicles on the north side of E. 8th Street adjacent the housing complex "Paradise Walk" between the beginning of curb (B.O.C.) radius of the northeast corner/pedestrian ramp at E. 8th Street and Arcadia Avenue and the end of the housing complex "Paradise Walk". When the vehicles on Arcadia Avenue are egressing onto E. 8th Street, there is insufficient visibility of oncoming westbound traffic for vehicles to turn safely onto E. 8th Street. Safety concerns arise when vehicles are parked within 40 feet of the intersection. Staff recommends to extend the existing 28 feet of red curb painting by 40 feet of red curb for "No Parking," for a total of 68 feet of red curb to enhance safety and as a preventative measure. However, this adjustment of the street layout would result in the loss of two standard -sized on -street parallel public parking spaces. Staff sent letters to the HOA inviting them to contact Staff and/or attend the Traffic Safety Committee Meeting. STAFF RECOMMENDATION: Staff recommends to extend the red curb No Parking" by approximately 40 feet on E. 8th Street, E. of Arcadia Avenue, adjacent to the Housing Complex, Paradise Walk to enhance Tine -of -sight. 103 of 355 EXHIBITS: 1. Correspondence 2. Traffic Safety Committee Notification Letter 3. Location Map 4. Photos 2016-07 104 of 355 SEECLICKFIX ID 2795943 PRIORITY Normal REQUEST TYPE ADDRESS Traffic Related Issues or 701-799 Arcadia Ave National City, CA 91950, USA Complaints ASSIGNEE SLA EXPIRES REPORTED Engineering / Public Works Admin. 1 SECONDARY QUESTIONS Please provide location. The intersection at Arcadia and 8th Please provide a brief description of issues/complaint. This is a dangerous intersection. The newly built Parkvieew Memory Care building has opened up Arcadia for two way traffic. When on Arcadia trying to enter on to 8th it's impossible to safely see both east and west on 8th due to the red no parking area not being extended far enough to allow for clear visibility to oncoming traffic. Please address this ASAP. It's VERY dangerous. LOCATION SI TOW/ Pork L .. Y 08/13/2016 - 11:11AM o. am'''' PARAr» VILI AG' 5unnnereresl Apartment; Go gle SUMMARY & DESCRIPTION MEDIA Traffic Related Issues or Complaints Reported by: Chris Butcher 08/13/2016 - 11:11 AM TIMESTAMP INTERNAL 08/13/2016 11:12AM 08/13/2016 11:13AM COMMENT This is a view from Arcadia approaching 8th. Looking from Arcadia tying to enter onto 8th. 08/15/2016 Yes NEIGHBORHOOD SERVICES assigned this issue to Engineering / Public 10:24AM Works Admin. 1 08/15/2016 11:21 AM Thanks for reporting through National City Connect. This issue will be forwarded to our City Engineer for further review and evaluation. For information on the status of this issue, please contact Engineering directly at 619-336-4380. Thank you. PARADISE VALLEY Map dale €C616 Cooke COMMENTER Chris Butcher Chris Butcher NEIGHBORH OOD SERVICES Engineering / Public Works Admin. 1 105 of 355 TIMESTAMP INTERNAL COMMENT COMMENTER 08/15/2016 08:56PM 08/15/2016 09:04PM 08/16/2016 10:41AM This issue has been closed. Thank you for using National City Connect. So what is the next step and or what's going to happen here?? I just see this case as closed? No explanation. Thanks for reporting through National City Connect. Please see the previous post. This issue will be forwarded to our City Engineer for further review and evaluation. For information on the status of this issue, please contact Engineering directly at 619-336-4380. Thank you. Engineering / Public Works Admin. 1 Chris Butcher Engineering / Public Works Admin. 1 106 of 355 - CALIFORNIA NATIONAL - XNCORPORA'TIM September 1, 2016 Resident/Owner National City, CA 91950 RE: REQUEST TO INSTALL 40 FEET OF RED CURB "NO PARKING" ON THE NORTH SIDE OF E. 8th STREET, EAST OF ARCADIA AVENUE (TSC ITEM NO. 2016-07) Dear Resident/Owner: We would like to formally invite you to our next Traffic Safety Committee Meeting scheduled for Wednesday, September 14, 2016 at 2:00 P.M. in the 2nd Floor Large Conference Room of the Civic Center Building, 1243 National City Boulevard, to discuss the item referenced above. If you have any questions or comments, please contact the Engineering Department at 619-336-4380, and reference Traffic Safety Committee Item #2016-07. Sincerely, Stephen Manganiello City Engineer 2016-07 Engineering & Public Works Department, 1234 National City Boulevard, National City, CA 91950 Phone (619) 336-4380 - Fax (619) 336-4397 - engineering@nationalcityca.gov 107 of 355 rt � I4- 1!_ `r Location Map with Recommended Enhancements (TSC Item: 2016-07) Proposed others 40' Red Curb "No Parking" for a total of 68' of Red Curb Housing complex Paradise walk —.3 Existing 28' 108 of 355 Location of proposed location to add 40' Red Curb on E. 8th Street (looking south-east) IProposed Location Location of proposed location to add 40' Red Curb on E. 8t1' Street (looking north) 109 of 355 CC/CDC-HA Agenda 10/4/2016 — Page 110 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the installation of a blue curb handicap parking space with sign in front of the residence at 127 W. 12th Street (TSC No. 2016-10). (Engineering/Public Works) 110 of 355 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 4, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of a blue curb handicap parking space with sign in front of the residence at 127 1/2 W. 12th Street (TSC No. 2016- 10). PREPARED BY: Stephen Manganiello PHONE: 619-336-4388 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution authorizing the installation of a blue curb handicap parking space with sign in front of the residence at 127 1/2 W. 12th Street. BOARD 1 COMMISSION RECOMMENDATION: At their meeting on September 14, 2016. the Traffic Safety Committee unanimously approved the staff recommendation to install a blue curb handicap parking space with sign in front of the residence at 127 Y W. 12th Street. ATTACHMENTS: 1. Explanation wl Location Map 2. Staff Report to the Traffic Safety Committee on September 14, 2016 (TSC No. 2016-10) 3. Resolution 111 of 355 EXPLANATION Mr. John W. Ironfield, resident of 127 1/z W. 12th Street, has requested a blue curb handicap parking space in front of his home. The resident possesses a valid disabled person's placard from the California Department of Motor Vehicles. Staff visited the site and verified that the residence does not have a driveway or garage. Five angle parking spaces are available in front of the residential lot. There is one blue curb handicap parking space located across the street from the subject property. Per the City Council Disabled Persons Parking Policy, since the total number of on -street handicap parking spaces (including the proposed handicap parking space) would not exceed 3% of the total number of available on -street parking spaces in the general vicinity of the subject property, Mr. Ironfield's request is eligible for further consideration. City Council Disabled Persons Parking Policy requirements for "Special Hardship" cases are as follows: 1. Applicant (or guardian) must be in possession of valid license plates or placard for "disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front (or side if on a corner lot) of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off-street space available that may be converted into disabled parking. This condition is met. On September 14, 2016, the Traffic Safety Committee unanimously approved the staff recommendation to install a blue curb handicap parking space with sign in front of the residence at 127 '/2 W. 12th Street. The applicant was unable to attend the Traffic Safety Committee Meeting. Staff did however, inform the resident that if approved, handicap parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates or placards may park in handicap spaces. If approved by City Council, all work will be performed by City Public Works. 112 of 355 Location Map with Recommended Enhancements (TSC Item ##2016-1O) 2 i 1'h Street Proposed Blue Curb Handicap Parking PARKING ONLY R99 (CA) Existing Blue Curb Handicap Parking c 113 of 355 5 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR SEPTEMBER 14, 2016 ITEM NO. 2016-10 ITEM TITLE: REQUEST FOR INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE WITH SIGNAGE IN FRONT OF THE RESIDENCE AT 127 1/2 W. 12th STREET (BY J. WILLIAM IRONFIELD) PREPARED BY: Stephen Manganiello, Director of Public Works / City Engineer Engineering & Public Works Department DISCUSSION: Mr. John W. Ironfield, resident of 127 IA W. 12th Street, has requested a blue curb handicap parking space in front of his home. The resident possesses a valid Disabled Person Placard from the State of California Department of Motor Vehicles. Staff visited the site and verified that the aforementioned residence does not have an accessible driveway or garage to accommodate a vehicle with a disabled driver or passenger. The length of curb between the beginning of curb (B.O.C.) radius of the northwest corner/pedestrian ramp at W. 12th Street and Hoover Ave and the end of curb (E.O.C.) radius of the northeast corner/pedestrian ramp at W. 12th Street and Roosevelt Ave is approximately 260 feet of unrestricted parking for up to fifteen (15) diagonal stalls. Currently, there are no public blue curb handicap parking spaces provided in the vicinity. The City Council has adopted a policy, which is used to evaluate requests for handicap parking spaces. The City Council Policy requirements for "Special Hardship" cases are as follows: 1. Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off-street space available that maybe converted into disabled parking. This condition is met. It shall be noted that handicap parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates may park in handicap spaces. STAFF RECOMMENDATION: Since all three conditions of the City Council's Disabled Persons Parking Policy are met for this "Special Hardship" case, staff recommends installation of a blue curb handicap parking space with signage in front of the residence at 127 IA W. 12th Street. 114 of 355 EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 4. Disabled Persons Parking Policy 2016-10 115 of 355 REQUEST FOR BLUE CURB DISABLED PERSONS PARKING SPACE NAME OF DISABLED PERSON: _ 1 RO X/FtxL NAME OF REPRESENTATIVE FOR DISABLED PERSON (if different from above): Tom. tag ris ADDRESS: 127 (2. IN. 12'714F gi (&-E-Tr 1)47 OAJA ei C4 ci S—Q EMAIL:.1 w PHONE NUMBER: Please answer the following questions, which will assist Engineering staff, the Traffic Safety Committee, and your City Council in determining if you are qualified to have a blue curb disabled persons parking space placed in front of your residence. Please be informed that all blue curb parking spaces are considered public parking. Therefore, any registered vehicle in possession of a disabled persons placard or license plate is legally allowed to park in the blue curb space for up to 72 continuous hours. 1) Do you possess a valid disabled person's placard issued by the Califorrnn' Department of Motor Vehicles (DMV)? YES ❑ NO If YES, please include a copy of the placard, which contains your name, address, placard number, and expiration date. 2) Does your residence have a garage? nYES r NO If YES, is the garage large enough to.park a vehicie FIVES (minimum of 20' x 12') Does your residence have a driveway? OYES -If YES, a) Is the driveway large enough to park a vehicle? []YES (minimum of 20' x 12') b) Is the driveway level? nYES c) Is the driveway sloped/inclined? 4) Please write any additional comments here (optional). Aa.g. ar DI4-4.0 J*— 5PA-crams 043 `rt- Fox. cult. J A� t k c ArWA-rer-.'n ,J-r e.o M PL ,Crex 12-C3 Akh9 ! 31. r1T4it. you. EYES fNO NO ❑NO fNO fNO 127, trz% 116 of 355 4 riTh-Ere 021:1Fei tsT,E 05' a fr.rj.c-.2.f IC 1. L. Li 117 of 355 9Piw£MYwi1: TO'tTFM.% . i A Public Service Agency ***CUSTOMER RECEIPT COPY*** *** D I S A B L E D PERSON PLACARD NUMBER: IRONFIELD JOHN WILLIAM 127 1/2 W 12TH ST NATIONAL CITY CA 91950 THIS 0 BY F CO:•37 PIC: 1 TV: 91 EXPIRES: 06/30/2017 PLACARD*** DATE ISSUED: 02/20/16 MO/YR: XN DT FEES RECVD: 02/03/16 E10 134 J4-0000000 0067 PS E10 022016 N1 11, DEPARTMENT OF MOTOR VEHICLES PLACARD IDENTIFICATION CARD IDENTIFICATION CARD OR FACSIMILE COPY IS TO BE CARRIED BY THE PLACARD of4- IT TO ANY PEACE OFFICER UPON DEMAND. IMMEDIATELY NOTIFY DMV IL OF ANY CHANGE OF ADDRESS. WHEN PARKING, HANG THE PLACARD n `..' ' 'h • VIEW MIRROR. REMOVE IT WHEN DRIVING. A Public Service Aaer L. _• PLACARD#: EXPIRES:017 DOB: i,', ISSUED: z/2u/lb TYPE: N1 PLACARD HOLDER: IRONFIELD JOHN WILLIAM 127 1/2 W 12TH ST NATIONAL CITY CA 91950 PURCHASE OF FUEL (BUSINESS & PROFESSIONS CODE 13660): STATE LAW REQUIRES SERVICE STATIONS TO REFUEL A DISABLED PERSON'S VEHICLE AT SELF-SERVICE RATES, EXCEPT SELF-SERVICE FACILITIES WITH ONLY ONE CASHIER WHEN YOUR PLACARD IS PROPERLY *DISABLED PERSON PARKING SPA PAYING *GREEN ZONES WITHOUT PREFERENTIAL PARKING PRIVI YOU MAY NOT PARK IN/ON: *• *SPACES MARKED BY CROSSHAT IT IS CONSIDERED MISUSE: *T0\ IS BEING TRANSPORTED *TO DISP REVOKED *TO LOAN YOUR PLACARD MISUSE IS A.MISDEMEANOR (SEC'.t REVOCATION OF THE PLACARD. LC • )CE. TRICT 4242 417 118 of 355 MAY PARK IN/ON: *STREET METERED ZONES WITHOUT ME LIMITS *STREET WHERE SIDENTS AND MERCHANTS. :ONES *WHITE OR YELLOW ZONES I`ABLED PERSON PARKING SPACES. C ' .UNLESS THE DISABLED OWNER ICH HAS BEEN CANCELLED OR ,INCLUDING FAMILY MEMBERS. rC) AND CAN RESULT IN CANCELLATION OR MING PRIVILEGES. AND/OR FINES. Location Map with Recommended Enhancements (TSC Item: 2016-10) C�. PARKING ONLY 127 '/2 W. I2"' Street Disabled Parking 119 of 355 Location of Proposed Blue Curb and Signage at 1271/? W. 12th Street (looking North) Location of Proposed Blue Curb and Signage at at 127 l W. 12th Street (looking North-West) 120 of 355 DISABLED PERSONS PARHING POLICY The purpose of a disabled persons parking zone is to provide designated parking spaces at major points of assembly for the exclusive use of physically disabled persons whose vehicle displays a distinguishing license plate as authorized by the California Department of Motor Vehicles. The City Council may upon recommendation of the City Engineer, designate specially marked and posted on -street parking spaces for disabled persons pursuant to California Vehicle Code 21101, et seq. at the fallowing facilities: 1. Government buildings serving the public such as administration buildings, public employment offices, public libraries, police stations, etc. 2. Hospitals and convalescent homes with more than 75-bed capacity, 3. Medical facilities and doctors' offices staffed by a maximum of five practitioners. Zones shall be located to serve a maximum number of facilities on one block. 4. Community service facilities such as senior citizens service centers, etc. 5. Accredited vocational training and educational facilities where no off- street parking is provided for disabled persons. 6, Employment offices for major enterprises employing more than 200 persons. 7. Public recreational facilities including municipal swimming pools, recreation halls, museums, etc. 8. Public theaters, auditoriums, meeting halls, arenas, stadiums with more than 300 seating capacity. 9. Other places of assembly such as schools and churches. 10. Commercial and/or office building(s) with an aggregate of more than 50,000 square feet of usable floor space. Zone shall be located to serve a maximum number of facilities on one block. 11. Hotels catering to daily guests, maintaining a ground floor lobby and a switchboard that is operated 24 hours per day. 121 of 355 12. A hotel or apartment house catering to weekly or monthly guests and containing more than 30 separate living units. In addition, disabled persons parking spaces may be provided within all publicly owned, leased or controlled off-street parking facilities as specified in the General Requirements. General Requirements Each disabled persons parking space shall be indicated by blue paint and a sign (white on blue) showing the international symbol of accessibility (a profile view of a wheelchair with occupant). Where installed under the above criteria the total number of disabled persons curb parking spaces will be limited to 3% of the total number of on -street parking spaces available in the area and shall be distributed uniformly within the area. Disabled persons parking will not be installed at locations with a full-time parking prohibition. When a disabled persons parking zone is installed where a part-time parking prohibition is in effect, the disabled persons parking zone will have the same time restrictions as the part-time parking prohibition. The cost of installing disabled persons parking will be assumed by the City on public streets and public off-street parking facilities. In establishing on -street parking facilities for the disabled there shall be a reasonable determination made that the need is of an on -going nature. The intent is to prevent the proliferation of special parking stalls that may be installed for a short-term purpose but later are seldom used. Unjustified installation of such parking stalls unnecessarily increases the City's maintenance and operations costs, reduce available on - street parking for the general public, and detract from the overall effectiveness of the disabled persons parking program. Special Hardship Cases It is not the intention of the City to provide personal reserved parking on the public right-jof-way, especially in residential areas. However, exceptions may be made, in special hardship cases, provided all of the following conditions exists: (1) Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans." (2) The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. 122 of 355 Subject residence must not have useable off-street parking available or off-street space available that may be converted into disabled parking. NOTE:It must be emphasized that such parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates may park in the above stalls. (3) .lha:p 123 of 355 CC/CDC-HA Agenda 10/4/2016 — Page 124 The following page(s) contain the backup material for Agenda Item: Investment transactions for the month ended July 31, 2016. (Finance) 124 of 355 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 4, 2n16 AGENDA ITEM NO. ITEM TITLE: Investment transactions for the month ended July 31, 2016. PREPARED BY: Ronald Gutlay DEPARTMENT: Finae PHONE: 619-336-4346 APPROVED BY:g EXPLANATION: In accordance with California Government Code Section 53646 and City of National City's investment policy section XIIA, a monthly report shah be submitted to the legislative body accounting for transactions made during the reporting period. The attached listing reflects investment transactions of the City of National City's investment portfolio for the month ending July 31, 2016. FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: �,. ' Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Accept and file the Investment Transaction Ledger for the month ended July 31, 2016. BOARD / COMMISSION RECOMMENDATION: NA ATTACHMENTS: Investment Transaction Ledger 125 of 355 City of National City Consolidated Account #10218 Transaction Ledger 6/30/16 Thru 7/31/16 Transaction Settlement AEgrDisp Interest Type [late CUSIP Quantity Security Description Price YiEId Amount Pur/Sold Total Amount GainPLosa ACCtiiiSiTiONS Purchase Purchase Purchase Purchase 07/01/2016 60934N807 07/05/2016 60934N807 07/12/2016 80934N807 07/15/2016 60934N807 Purchase 07/15/2016 90LAIF$00 1,150.00 Federated Prime Value Oblig Govt Oblig Fund Inst. 0.24 Federated Prime Value Oblig Govt Oblig Fund Inst. 1,837.50 Federated Prime Value Oblig Govt Oblig Fund Inst. 1,968.75 Federated Prime Value Oblig Govt Oblig Fund Inst. 48,008.23 Local Agency Investment Fund State Pool Purchase 07/16/2016 60934N807 2,025.00 Federated Prime Value Oblig Govt Oblig Fund Inst. Purchase 07/20/2016 80934N807 2,531.25 Federated Prime Value Oblig Govt Oblig Fund Inst. Purchase 07/30/2016 60934N807 2,500.00 Federated Prime Value Oblig Govt Oblig Fund Inst. Purchase 07/31/2016 60934N807 400,000.00 Federated Prime Value Oblig Govt Oblig Fund Inst. Purchase 07/31/2016 60934N807 7,957.50 Federated Prime Value Oblig Govt Oblig Fund Inst. Subtotal 467,978.47 Security 07/31/2016 90SDCP$00 Contribution Subtotal 1.000 0.01 % 1,150.00 1.000 0.01 % 0.24 0.00 0.00 1.000 0.01 % 1,837.50 0.00 1.000 0.01 % 1,968.75 0.00 1,150.00 0.24 0.30 1,837.50 0.00 1,968.75 0.00 0.30 1.000 0.58 % 48,008,23 0.00 48,008.23 0.00 1.000 0.01 % 2,025.00 0.00 2,025.00 0.00 1.000 0.01 % 2,531.25 0.00 2,531,25 0.00 1,000 0.01 % 2,500.00 0.00 2,500.00 0.00 1.000 0.01 % 400,000.00 0.00 400,000.00 0.00 1.000 0.01 % 7,957.50 0.00 7,957.50 0.00 8,000.00 County of San Diego Pooled Investment 1.000 Pool 8,000,00 487,978,47 0.00 487,978.47 0.00 8,000-00 0.00 8,000,00 0.00 8,000.00 0.00 8,000.00 0.00 TOTAL ACQUISITIONS 475,978.47 475,978.47 0.00 475,978.47 0.00 DISPOSITIONS Maturity 07/31/2016 912828WX4 Subtotal Security 07/14/2016 60934N807 Withdrawal Subtotal TOTAL DISPOSITIONS 400,000.00 US Treasury Note 0.5% Due 7/31/2016 400,000.00 100.000 400,000.00 1,844.00 Federated Prime Value Oblig Govt Oblig 1,000 Fund Inst. 1,844.00 401,844.00 400,000.00 0.00 400,000.00 -16.97 0.00 400,000.00 -15.97 1,844.00 0.00 1,844.00 D.00 1,844.00 0.00 1,844.00 0.00 401,844.00 0.00 401,844.90 -16.97 Chandler Asset Management - CONFIDENTIAL 126 of 355 Execution Time: 8/31/2016 7:45:23 AM City of National City Consolidated Account #10218 Transaction Ledger 6/30/16 Thru 7/31/16 Transaction Seltlennont AcgJDisp Interust Type Date CUSIP OuaAtIty Security Des-crlplion Price Yield A,rriolint PuriSald TataUAmount GalniLoss OT1tLR TRANSACTIONS Interest 07/01/2016 3133EFW52 400,000.00 FFCB Note 1.15% Due 7/1/2019 Interest 07/12/2016 3137EADN6 490,000.00 FHLMC Note 0.75% Due 1/12/2018 Interest 07/15/2016 912828XK1 450,000.00 US Treasury Note 0.875% Due 7/15/2018 Interest 07/16/2016 94974BFG0 270,000.00 Wells Fargo Corp Note 1.5% Due 1/16/2018 Interest 07/20/2016 3135G0E33 450,000.00 FNMA Note 1.125% Due 7/20/2018 Interest 07/30/2018 3135G0GY3 400,000.00 FNMA Note 1.25% Due 1/30/2017 Interest 07/31/2018 084670B09 285,000.00 Berkshire Hathaway Note 1.9% Due 1/31/2017 Interest 07/31/2016 912828SD3 400,000.00 US Treasury Note 1.25% Due 1/31/2019 Interest 07/31/2016 912828TH3 400,000.00 US Treasury Note 0.875% Due 7/31/2019 Interest 07/31/2016 912828WX4 400,000.00 US Treasury Note 0.5% Due 7/31/2016 Subtotal 3,945,000.00 Dividend 07/05/2016 60934N807 32,830.64 Federated Prime Value Oblig Govt Oblig Fund Inst. Dividend 07/15/2016 90LAIF$00 3,048,893,512.2 Local Agency Investment Fund State Pool 0 Subtotal 3,048,926,342.8 4 0.000 1,150.00 0.00 1,150.00 0.000 1,837.50 0.00 1,837.50 0.00 0.000 1,968.75 0.00 1,968.75 0.00 0.000 2,025.00 0.00 2,025.00 0.00 0.000 2,531.25 0.00 2,531.25 0.00 0.000 2,500,00 0.00 2,500.00 0.00 0.000 2,707.50 0.00 2,707.50 0.00 0.000 2,500.00 0.00 2,500.00 0.00 0.000 1,750.00 0.00 1,750.00 0.00 0.000 1,000.00 0.00 1,000.00 0.00 19,970.00 0.00 19,970.00 0.00 0.000 0.24 0.00 0.24 0.00 0.000 48,008.23 0.00 48,008.23 0.00 48,008.47 0.00 48,008.47 0.00 0.00 TOTAL OTHER TRANSACTIONS 3,052,871,342.8 4 67,978.47 0.00 67,978.47 0.00 Chandler Asset Management - CONFIDENTIAL 127 of 355 Execution Time: 8/31/2016 7:45:23 AM CC/CDC-HA Agenda 10/4/2016 — Page 128 The following page(s) contain the backup material for Agenda Item: Warrant Register #9 for the period of 08/24/16 through 08/30/16 in the amount of $4,188,630.32. (Finance) 128 of 355 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 4, 2016 AGENDA ITEM NO. ITEM TITLE: Warrant Register #9 for the period of 08/24/16 through 08/30/16 in the amount of $4,188,630.32. (Finance) PREPARED BY: K. Apalateguw PHONE: 619-336-4572 EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 08/24/16 through 08/30/16. Consistent with Department of Finance, listed below are all payments above $50,000. Vendor Dick Miller Inc Health Net Inc Kaiser Foundation HP Kimley Horn and Assoc SDG&E City of San Diego Adminsure Inc Public Emp Ret System DEPARTMENT: Financ APPROVED BY: Check/Wire Amount Explanation 325048 358,247.12 325067 74,339,53 325068 181,507.50 325072 62,710.17 325097 63,445.54 70245 1,447,937.00 70248 150,000.00 8242016 396,675.38 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $4,188,630.32 Plaza Blvd. and 14th St. Project Health Ins R1192A / Sept 2016 Ins Active / Sept 2016 Wayfinding Task Q. Project / Eng Facilities Division Gas & Electric Utilities Sewerage System 1 st Qtr 7/01/16-9/30/16 Imprest Account Initial Deposit Service Period 08/02/16 — 08/15/16 APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Ratify warrants totaling $4,188,630.32 BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #9 129 of 355 ar-+ pAi4 FORA! I4.4,4- 1/3 PAYEE CARTEGRAPH SYSTFMS INC ENPING INVESTMENTS LLC NAN MCKAY AND ASSOC INC ALDEMCO ALL FRESH PRODUCTS ALPHA PROJECT FOR THE HOMELESS ARJIS AT&T AT&T AT&T AT&T MOBILITY ATKINS NORTH AMERICA INC BEST BEST & KRIEGER ATTNY LAW BEST BEST & KRIEGER ATTNY LAW BLACK, N BSE ENGINEERING, INC CAPF CALIFORNIA LAW ENFORCEMENT ASSOC CAPCA CEB CHILDREN'S HOSPITAL COX COMMUNICATIONS CWEA MEMBERSHIP CYNTHIA TITGEN CONSULTING INC D MAX ENGINEERING INC DALEY & HEFT LLP DALEY & HEFT LLP RICH, D DELTA DENTAL DELTA DENTAL DELTA DENTAL INSURANCE CO DELTA DENTAL INSURANCE CO DICK MILLER INC DISCOUNT SPECIALTY CHEMICALS D-MAX ENGINEERING DOUBLE TREE BY HILTON ED BRAINARD ESPIRITU, D FEDEX FORTEL TRAFFIC INC FUN FLICKS OUTDOOR MOVIES GAURAN, A GEOSYNTEC CONSULTANTS INC GLASENER, V GLOBAL EQUIPMENT CO INC GONZALES, M GRAINGER GREEN MECHANICAL CONTRACTORS NATioNma cirr WARRANT REGISTER #9 S/30/2016 pESCRIPTION CDP PARTNER HOSTING / MIS REFUND / PLAN CHECK AND TDIF FEES PIH ALERT SUBSCRIPTION / SEC 8 FOOD / NUTRITION CENTER FOOD / NUTRITION CENTER EXPENSE REIMB / OUTREACH PROJECT / JULY CONTRIBUTION FOR GRAFFITI TRACKER AT&T PHONE SERVICE / JULY 2016 AT&T PHONE SERVICE / JUL 2016 AT&T PHONE SERVICE / JULY 2016 AT & T WIRELESS SERVICE / AUGUST FY 17 TAX ROLL PROJECT LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS ED REIMBURSEMENT POLICE STATION UPGRADE PROJECT FIRE LTD SEPT2016 PD LTD SEPT 2016 TUITION: ENTOMOLOGY CONFERENCE/ PW PUBLICATION ANNUAL UPDATES CHILD ABUSE EXAMS - PD COX DATA SERVICES / AUGUST 2016 MEMBERSHIP: J PENA / PW WC CONSULTING SERVICES / JULY 2016 NC MARINE TERMINAL GI•1G ANALYSIS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS MUSICIAN PERFORMANCE / CSD DENTAL INS PREMIER / SEPT 2016 COBRA DENTAL INS / JULY 2016 PMI DENTAL INS / SEPT 2016 COBRA DENTAL INS PMI / JULY 2016 PLAZA BLVD. AND 14TH ST. PROJECT C ROUGH TOUGH SCRUB / PW CALFIRE URBAN FORESTRY PROJECT CACEO SEMINAR / NSD TUITION: HORTICULTURAL / PW SUBSISTENCE: POST COMMAND / PD EXPRESS SHIPMENT / CITY ATTNY REPAIR/REPLACE BATTERY BOX / STREETS PREMIERE MOVIE SCREEN / CSD REFUND: PARKING CITATION NC4160630001 PARADISE CREEK PROJECT REFUND: BUSINESS LICENSE GLOBAL COMBINATION CABINET / POLICE REFUND: PARKING CITATION NC3160329001 MOP#65179 SU CITY WIDE HV, 130 of 355 CHK NO 325016 325017 325018 325019 325020 325021 325022 325023 325024 325025 325026 325027 325028 325029 325030 325031 325032 325033 325034 325035 325036 325037 325038 325039 325040 325041 325042 325043 325044 325045 325046 325047 325048 325049 325050 325051 325052 325053 325054 325055 325056 325057 325058 325059 325060 325061 325062 %IS & REPAIRS / PW 325063 DATE AMOUNT 8/30/16 39,600,00 8/30/16 30,409.59 8/30/16 349.00 8/30/16 1,066.73 8/30/16 1,829.90 8/30/16 8,890.63 8/30/16 2,462.67 8/30/16 5,584.30 8/30/16 152.88 8/30/16 44.58 8/30/16 2,267.50 8/30/16 5,848.00 8/30/16 1,821.15 8/30/16 278.30 8/30/16 300.00 8/30/16 6,922.05 8/30/16 780.00 8/30/16 2,082.50 8/30/16 450.00 8/30/16 170.95 8/30/16 456.00 8/30/16 3,600,37 8/30/16 184.00 8/30/16 2,887.50 8/30/16 2,350.00 8/30/16 27,242,54 8/30/16 5,408.40 8/30/16 200.00 8/30/16 16,634.99 8/30/16 45.22 8/30/16 2,716.56 8/30/16 71.94 8/30/16 358,247.12 8/30/16 255.90 8/30/16 6,640.00 8/30/16 477.00 8/30/16 600.00 8/30/16 780.00 8/30/16 31.19 8/30/16 1,263.75 8/30/16 798.00 S/30/16 35.00 8/30/16 736,45 8/30/16 65.00 8/30/16 2,669.44 8/30/16 35.00 8/30/16 204.10 8/30/16 4,275.00 CAM, NIA: 213 PAYEE HEALTH NET HEALTH NET HEALTH NET HEALTH NET INC KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KIMLEY HORN AND ASSOC INC KNOX ATTORNEY SERVICE INC KONICA MINOI TA LOPEZ, T MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MEYERS NAVE NAN MCKAY AND ASSOC INC NATIONAL CITY TROPHY OLIVER PACKAGING ORANGE COUNTY SHERIFFS T D O'REILLY AUTO PARTS PAPA PENSKE FORD PERRY FORD POWERSTRIDE BATTERY CO INC PRO BUILD PRUDENTIAL OVERALL SUPPLY RCP BLOCK & BRICK INC RELIANCE STANDARD SAN DIEGO GAS & ELECTRIC SAN DIEGO UNION TRIBUNE SDG&E SEAPORT MEAT COMPANY SMART & FINAL SOUTH BAY MOTORSPORTS STAPLES BUSINESS ADVANTAGE STATE OF CALIFORNIA SWEETWATER AUTHORITY SWEETWATER CAR WASH, LLC SYSCO SAN DIEGO INC THE LINCOLN NATIONAL LIFE INS THOMSON REUTERS WEST THOMSON REUTERS WEST VERIZON WIRELESS VICTA, R WAXIE SANITARY SUPPLY NATIONAL Cm aaav vectapoRATED WARRANT REGISTER #9 8/30/2016 DE$CRIPTION FULL NETWORK 57135A / SEPT 2016 HEALTH INS N5992F / SEPT2016 HEALTH INS N5992A / SEPT 2016 HEALTH INS R1192A / SEPT 2016 INS ACTIVE / SEPT 2016 RETIREES INS / SEPT 2016 HD H S A INS/SEPT 2016 RETIREES INS COBRA /JULY 2016 WAYFINDING TASK O. PROJECT / ENG COURIER ATTORNEY SERVICE COPIER EQUIPMENT LEASE / JULY 2016 TRANSLATION & INTERPRETATION SERVICES LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS HOUSING REGULATIONS CD / SEC 8 MOP#66556 SUPPLIES / PW HOME DELIVERED MEALS / NUTRITION TUITION: NARCOTICS INVESTIGATIONS/PD MOP#75877 AUTO SUPPLIES TUITION: PESTICIDE SEMINAR / PW MOP#49078 AUTO SUPPLIES / PW MOP#45703 AUTO SUPPLIES / PW MOP#67839 AUTO SUPPLIES 1 PW 4X8 -15/32 OSH SHEATHING / ENG MOP#45742 LAUNDRY SERVICES / PARKS MORTAR MEDIUM TAN ROCK / PW VOLUNTARY LIFE INS / SEPT 2016 GAS & ELECTRIC SERVICES / NUTRITION LEGAL NOTICES ADVERTISING / JULY 2016 FACILITIES DIVISION GAS & ELECTRIC UTILITIES MEAT / NUTRITION CENTER MOP 45756 MISC SUPPLIES / COMM SVC R & M CITY VEHICLES REPAIR / PW MOP 45704. OFFICE SUPPLIES / ENG LICENSE RENEWAL/ ENG FACILITIES DIVISION WATER BILL FY 2017 LIABILITY CLAIM COSTS FOOD / NUTRITION CENTER LIFE & AD&D, STD, LTD INS / SEPT 2016 ON-LINE LEGAL RESEARCH / JUNE 2016 LEGAL PUBLICATIONS / CITY ATTORNEY'S OFFICE CELLULAR SERVICE 17/05/16 - 8/04/16 REFUND: PAR •3433 MISCELLANEO 131 of 355 UPPLIES / PW CHIC NO DATE AMOUNT 325064 8130/16 5,334.29 325065 8/30/16 651.54 325066 8130/16 543,45 325067 8/30/16 71,339.63 325068 8/30/16 181,507.50 325069 8/30/16 7,572.29 325070 8/30/16 5,64.80 325071 8130/16 1,647.02 325072 8/30/16 62,710.17 325073 8130/16 238.25 325074 8/30/16 4,064.54 325075 8/30/16 560.00 325076 8/30/16 8,352.93 325077 8/30/16 2,484.50 325078 8/30/16 299.30 325079 8/30/16 52.51 325080 8/30/16 5.20 325081 8/30/16 11,170.00 325082 8/30/16 199.00 325083 8130/16 20.44 325084 8/30/16 1,664.00 325085 8/30/16 130.00 325086 8/30/16 90.17 325087 8/30/16 450.00 325088 8/30/16 535.80 325089 8130/16 152.16 325090 8/30/16 32.90 325091 8/30/16 4,161.84 325092 8130/16 792.24 325093 8/30/16 110.84 325094 8130/16 2,669.81 325095 8/30/16 5,124.68 325096 8/30/16 990.20 325097 8130/16 83,445.54 325098 8/30/16 728,02 325099 8/30/16 153.77 326100 8/30/16 565.93 325101 8130/16 66.50 325102 8/30/16 115.00 325103 8/30/16 38,205.55 325104 8/30/16 18,145.46 325105 8/30/16 2,067.98 325106 8/30/16 10,011.41 325107 8/30/16 967.44 325108 8/30/16 438.21 325109 8130/16 720.85 325110 8/30/16 330.00 325111 8/30/16 1,916.93 3l3 -ow* C.AL F1,R t! A '-III.. NATIONAL CITy Lag 3ArcoRpoilA'rap WARRANT REGISTER #9 8/30/2016 PAYEE DESCRIPTION MIX NO DATE AMOUNT WEST COAST AMORISTS INC GPS TREE TRIMMING / PARKS 325112 8/30/16 11.410.00 WILLY'S ELECTRONIC SUPPLY MOP 45763 MISC SUPPLIES / MIS 325113 8/30/16 945.57 WIRED PAYMENTS CITY OF SAN DIEGO ADMINSURE INC PUBLIC EMP RETIREMENT SYSTEM A/P Total 1,081,735.28 SEWERAGE SYSTEM 1ST QTR 7/01/16 - 9/30/1 70245 8/26/16 1,447,937.00 IMPREST ACCOUNT INITIAL DEPOSIT 702,18 8/26/16 150,000.00 SERVICE PERIOD 08/02/16 - 08/15/16 8242016 8/24/16 396,675.38 PAYROLL Pay period Start Date End Date Check Date 18 8/16/2016 8/29/2016 0(7/2016 1,112,282.68 GRAND TOTAL $4,188,630.32 132 of 355 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 1 HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE Cl'i'Y TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 4th OF OCTOBER, 2016. AYES NAYS ABSENT 133 of 355 CC/CDC-HA Agenda 10/4/2016 — Page 134 The following page(s) contain the backup material for Agenda Item: Warrant Register #10 for the period of 08/31/16 through 09/06/16 in the amount of $1,387,773.65. (Finance) 134 of 355 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 4, 2016 AGENDA ITEM NO. ITEM TITLE: Warrant Register #10 for the period of 0813111E through 09/06/16 in the amount of $1,387,773.65. (Finance) PREPARED BY: t{. Apalateguq PHONE: 019-336-4572 EXPLANATION: DEPARTMENT: Finance APPROVED BY: WI Per Government Section Code 37208, attached are the warrants issued for the period of 08/31/16 through 09/06/16. Consistent with Department of Finance, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Fordyce Construction 325165 85,566.50 Las Palmas/Pool/FirelCamacho Project Project Professionals Corp 325227 62,299.98 Plaza Blvd. Widening Project Southwest Signal Service 325245 67,511.52 Maintenance July 2016 Springboard CDFI 325246 74,935.00 Expense Reimb / Home FTHB Prog Loan FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $1,387,773.65. ENVIRONMENTAL REVIEW: APPROVED: APPROVED: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Ratify warrants totaling $1,387,773.65. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #10 135 of 355 -+o,• CA--1FO.A.N1A 114 PAYEE ACEDO, AMERICAN AWARDS ANDERSON, E ART D NIELSEN PAINTING INC AT&T AYRES MORENO VALLEY BANNER BANK BEARD, P BECK; L BEST BEST & KRIEGER ATTNY LAW BISHOP, R BOEGLER, C BOOT WORLD BOYD JR, P BROADWAY AUTO ELECTRIC CAHA CALIFORNIA ELECTRIC SUPPLY CALIFORNIA TRAINING INSTITUTE CARRILLO, R CCS PRESENTATION SYSTEM INC CITY OF IRVINE CLAIMS MANAGEMENT ASSOCIATES COAST INDUSTRIAL SYSTEMS COAST INDUSTRIAL SYSTEMS INC COHERO COLE, L CONDON, D CORPUZ, T COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO CPP PRINTING DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DANESHFAR, Z DANIELS TIRE SERVICE DEEPNET SECURITY DESROCHERS, P DI CERCHIO, A DILLARD, S DOUBLETREE BY HILTON DREDGE, J EISER III, G FABINSKI, D FERGUSON ENTERPRISES INC FIFIELD, K FIRE ETC NgnoNAL t WARRANT REGISTER #10 9/6/2016 DESCRIPTION RETIREE HEALTH BENEFITS / SEP 2016 NAME TAGS W/ MAGNET BACK RETIREE HEALTH BENEFITS i SEP 2016 CITY HALL REPAINTING PHONE SERVICE / AUGUST 2016 LODGING: SAFETY HONOR GUARD/PD RETENTION FOR PLAZA BLVD WIDE PROJECT RETIREE HEALTH BENEFITS i SEP 2016 RETIREE HEALTH BENEFITS / SEP 2016 LEGAL / PERSONNEL ISSUES RETIREE HEALTH BENEFITS / SEP 2016 RETIREE HEALTH BENEFITS / SEP 2016 MOP#64096 SAFETY BOOTS RETIREE HEALTH BENEFITS i SEP 2016 MOP#72447 AUTO EQUIPMENT CAHA MEMBERSHIP FY 2016 - 2017 / SEC 8 MOP#45698 SUPPLIES / PW TUITION: FORCE ENCOUNTERS / PD RETIREE HEALTH BENEFITS / SEP 2016 COUNCIL AN EQUIPMENT / MIS TUITION: COMMERCIAL ENFORCEMENT/PD RISK MANAGEMENT SERVICES 2QT CLIP ASS'Y LINER t PW PRESSURE GUN / PW COHERO SUPPORT - AFR/RMS RETIREE HEALTH BENEFITS / SEP 2016 RETIREE HEALTH BENEFITS t SEP 2016 RETIREE HEALTH BENEFITS t SEP 2016 BUILDING RECORDS OBSERVER SAFETY CLOTHING / PD BUSINESS CARDS - MAYOR LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS RETIREE HEALTH BENEFITS / SEP 2016 MOP#67839 TIRES i PW DEEPNET UNIFIED AUTHENTICATION/MIS RETIREE HEALTH BENEFITS i SEP 2016 RETIREE HEALTH BENEFITS / SEP 2016 RETIREE HEALTH BENEFITS / SEP 2016 LODGING: 2016 CA CLETS USERS / PD RETIREE HEALTH BENEFITS i SEP 2016 RETIREE HEALTH BENEFITS i SEP 2016 RETIREE HEALTH BENEFITS / SEP 2016 MOP#45723 SUPPLIES i PW RETIREE HEA - •EP 2016 MK FIRE TIGE 136 of 355 CHK NO DATE AMOUNT 325114 9/6/16 160.00 325115 9/6/16 11.99 325116 9/6/16 114.00 325117 9/6/16 5,484.40 325118 9/6/16 38.25 325119 9/6/16 1,639,14 325120 916116 31,724.94 325121 9/6/16 70.00 325122 9/6/16 140.00 325123 9/6/16 1,367.70 325124 9/6/16 110.00 325125 9/6/16 260.00 325126 9/6/16 97.18 325127 9/6/16 145.00 325128 9/6/16 456.35 325129 9/6/16 900.00 325130 9/6/16 58.55 325131 9/6/16 277.00 325132 9/6/16 290.00 325133 9/6/16 750.00 325134 9/6/16 80.00 325135 9/6/16 5,715.00 325136 9/6/16 499.00 325137 9/6/16 497.97 325138 9/6/16 26,000.00 325139 9/6/16 165.00 325140 9/6/16 280.00 325141 9/6/16 140.00 325142 9/6/16 34.00 325143 9/6/16 40.00 325144 9/6/16 157.49 325145 9/6/16 10,952.47 325146 9/6/16 9,978.25 325147 9/6/16 5,775.11 325148 9/6/16 1,880.23 325149 9/6/16 404.57 325150 9/6/16 250.00 325151 9/6/16 492.15 325152 9/6/16 5,291,20 325153 916116 110.00 325154 9/6/16 70.00 325155 9/6/16 480.00 325156 9/6116 961.40 325157 9/6116 250.00 325158 9/6/16 250.00 325159 9/6/16 220.00 325160 9/6/16 153.75 325161 9/6/16 540.00 325162 9/6116 499.22 GA. a F 01011A .,. 2/4 PAYEE FIT TO WORK INC FORDYCE CONSTRUCTION INC FUN FLICKS OUTDOOR MOVIES GELSKEY,K GEOSYNTEC CONSULTANTS INC GIBBS JR, R GONZALES, M GRAINGER GRANICUS INC HANSON AGGREGATES PACIFIC HANSON, E HARLAN, M HARRIS & ASSOCIATES HAUG, S HDL COREN & CONE HERNANDEZ, R HINDERLITER DE LLAMAS & ASSOC HINDERLITER DE LLAMAS & ASSOC HODGES,B HONDO,E IBARRA, J INNOVATIVE CONSTRUCTION INTERNATIONAL CODE COUNCIL IRON MOUNTAIN JAMES, R JJJ ENTERPRISES JUNIEL, R KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KANE BALLMER & BERKMAN KIMBLE, R KONICA MINOLTA KTU&A LANDA, A LASER SAVER INC LIMFUECO, M MABPA MASON'S SAW MATIENZO, M MC CABE, T MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MEDINA, R METRO AUTO PARTS DISTRIBUTOR MINER, D MYERS, B NATIONAL CITY AUTO TRIM NikvioNAL airy rhecatroRnsp WARRANT REGISTER #10 9/6/2016 DESCRIPTION COMPREHENSIVE ERGONOMIC EVALUATION LAS PALMAS/POOUFIRE/CAMACHO PROJECT PREMIERE MOVIE SCREEN / CSD RETIREE HEALTH BENEFITS / SEP 2016 EDUCATION VILLAGE PROJECT RETIREE HEALTH BENEFITS / SEP 2016 RETIREE HEALTH BENEFITS / SEP 2016 MOP# 65179 SUPPLIES / PW MONTHLY MANAGED SERVICE / MIS INFIELD SOIL 10 TON / PW RETIREE HEALTH BENEFITS / SEP 2016 RETIREE HEALTH BENEFITS / SEP 2016 GROUP 2 SEWER PROJECT RETIREE HEALTH BENEFITS / SEP 2016 CAFR STATISTICAL REPORT 2015-16 RETIREE HEALTH BENEFITS / SEP 2016 CONTRACT/AUDIT SVCS AUDIT SVCS - SALES TAX 1ST QTR 2016 RETIREE HEALTH BENEFITS / SEP 2016 RETIREE HEALTH BENEFITS / SEP 2016 RETIREE HEALTH BENEFITS / SEP 2016 KIMBALL PARK PROJECT 1000716829 CODE CHECK ELECTRICAL RECORDS MANAGEMENT & STORAGE f AUG RETIREE HEALTH BENEFITS / SEP 2016 COMPLETED ELEVATOR RECALL TEST RETIREE HEALTH BENEFITS / SEP 2016 RETIREES INS / SEPT 2016 KAISER MOBILE HEALTH VEHICLE SVCS FOR PALM PLAZA RETIREE HEALTH BENEFITS / SEP 2016 COPIER EQUIPMENT LEASE NC DOWNTOWN PROJECT RETIREE HEALTH BENEFITS / SEP 2016 MOP 45725 INK CARTRIDGE / FIRE RETIREE HEALTH BENEFITS 1 SEP 2016 MEMBERSHIP DUES / J CANO MOP#45729 SUPPLIES RETIREE HEALTH BENEFITS / SEP 2016 RETIREE HEALTH BENEFITS 1 SEP 2016 LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS RETIREE HEALTH BENEFITS 1 SEP 2016 MOP#75943 AUTO PARTS RETIREE HEALTH BENEFITS / SEP 2016 RETIREE H EP 2016 MOP#72441 A 137 of 355 CHK NO DATE AMOUNT 325163 9/6/16 465.00 325164 9/6/16 85,566.50 325165 9/6/16 1,100.00 325166 916116 115.00 325167 9/6/16 3,035.96 325168 916/16 120.00 325169 916/16 480.00 325170 9/6/16 415.11 325171 9/6/16 1,477.35 325172 9/6/16 316.96 325173 9/6/16 135.00 325174 9/6/16 .500.00 325175 9/6/16 1,010.00 325176 9/6/16 120.00 325177 916/16 645.00 325178 9/6/16 400.00 325179 9/6/16 3,362.06 325180 9/6/16 175.05 325181 9/6/16 200.00 325182 9/6/16 110.00 325183 9/6/16 780.00 325184 9/6116 37,381.00 325185 9/6/16 3,090.01 325186 9/6/16 336.38 325187 9/6/16 140.00 325188 9/6/16 485.00 325189 9/6/16 50.00 325190 9/6/16 21,428.79 325191 9/6/16 1,190.00 325192 9/6/16 1,867.50 325193 9/6/16 300.00 325194 9/6/16 4,335.38 325195 9/6/16 11,286.25 325196 9/6/16 155.00 325197 9/6/16 76.25 325198 9/6/16 160.00 325199 9/6/16 250.00 325200 9/6/16 852.14 325201 9/6/16 100.00 325202 9/6/16 280.00 325203 916116 2,790.50 325204 9/6/16 665.00 325205 9/6/16 655.00 325206 9/6/16 613.26 325207 9/6/16 105.00 325208 9/6/16 661.79 325209 9/6/16 580.00 325210 9/6/16 140.00 325211 916/16 51.23 3/4 PAYEL NATIONAL CONSTI-RUCTION RENTALS NATIONAL PEN NBS NFPA FULFILLMENT CENTER NOTEWARE, D OCANA, A PACIFIC TELEMANAGEMENT SERVICE PAUU JR, P PEACE OFFICERS RESEARCH PEASE JR. D PETERS, 5 POST, R POWERSTRIDE BATTERY CO INC PRO BUILD PRO STREET LIGHTING INC PROJECT PROFESSIONALS CORP PRO -TECH INDUSTRIES PRUDENTIAL OVERALL SUPPLY RANDALL LAMB ASSOCIATES INC RAY, S RCP BLOCK & BRICK INC ROARK, L RUIZ, J SAN DIEGO HYDRAULICS SCST INC SERVATIUS, J SHERWIN WILLIAMS SHORT, C SITEONE LANDSCAPE SUPPLY LLC SMART SOURCE OF CALIFORNIA LLC SMITH, J SONSRAY MACHINERY LLC SOUTHERN CALIF TRUCK STOP SOUTHWEST SIGNAL SERVICE SPRINGBOARD CDFI STAPLES BUSINESS ADVANTAGE STRASEN, W SUMMIT SUPPLY SWANK MOTION PICTURES INC THE HOME DEPOT CREDIT SERVICES THE LIGHTHOUSE INC TIPTON, B U S BANK U S HEALTHWORKS U S HEALTHWORKS ULINE UNITED ROTARY BRUSH CORP VALLEY INDUSTRIAL SPECIALTIES VERIZON WIRELESS I {y A -'C ir WARRANT REGISTER #10 9/6/2016 j7ESCRIPTION CHK NO DATE AMOUNT RENTAL FOR FENCE / PLANNING 325212 9/6/16 790.70 PARAGON PEN / POLICE 325213 9/6/16 494.53 LANDSCAPE MAINTENANCE DISTRICT 1 325214 9/6/16 848.97 NFPA NATIONAL FIRE CODES SUBSCRIPTION 325215 9/6/16 1,450.60 RETIREE HEALTH BENEFITS f SEP 2016 325216 9/6/16 120.00 TRAVEL REIMB / GQV ACCOUNTING CONFERENCE 325217 9/6/16 98,71 PAYPHONE SERVICES / AUGUST 2016 325218 9/6/16 85,80 RETIREE HEALTH BENEFITS / SEP 2016 325219 9/6/16 340.00 ASSOCIATION FOR INSURANCE AND WC / PD 325220 9/6/16 110.00 RETIREE HEALTH BENEFITS / SEP 2016 325221 9/6/16 140.00 RETIREE HEALTH BENEFITS / SEP 2016 325222 9/6/16 290,00 RETIREE HEALTH BENEFITS / SEP 2016 325223 9/6/16 280.00 MOP#67839 AUTO PARTS 325224 9/6/16 234.76 MOP#45707 SUPPLIES 325225 9/6/16 1,968.27 TINT 5 WINDOWS / PW 325226 9/6/16 180.00 PLAZA BLVD. WIDENING PROJECT 325227 9/6/16 62,299,98 BATHROOM CLEANER / PARKS 325228 9/6/16 353.21 MOP#45742 LAUNDRY SERVICES / PW 325229 9/6/16 293.70 N.C. CORRECTIVE ACTION PROJECT 325230 9/6/16 600.00 RETIREE HEALTH BENEFITS / SEP 2016 325231 9/6/16 190.00 MORTAR MEDIUM TAN 94LB / PW 325232 9/6/16 30,32 RETIREE HEALTH BENEFITS / SEP 2016 325233 9/6/16 135.00 RETIREE HEALTH BENEFITS / SEP 2016 325234 9/6/16 310.00 HOSE GUARD / PW 325235 9/6/16 2,129.24 PARADISE CREEK REST. PROJECT 325236 9/6/16 2,342,50 RETIREE HEALTH BENEFITS / SEP 2016 325237 9/6/16 340.00 MOP#77816 PAINT f PW 325238 9/6/16 1,218.57 RETIREE HEALTH BENEFITS / SEP 2016 325239 9/6/16 300.00 MOP#45720 HORTICULTURAL ITEMS 325240 9/6/16 97.66 MOP 63845 INSPECTION REQUEST PADS/FIRE 325241 9/6/16 393.24 RETIREE HEALTH BENEFITS / SEP 2016 325242 9/6/16 320.00 HOSE / PW 325243 9/6/16 296.88 MOP#45758 OIL 325244 9/6/16 163.89 MAINTENANCE JULY 2016 325245 9/6/16 67,511.52 EXPENSE REIMB / HOME FTHB PROG LOAN 16NC 325246 9/6/16 74,935.00 MOP 45704 OFFICE SUPPLIES / CITY CLERK 325247 9/6/16 1,664.14 RETIREE HEALTH BENEFITS / SEP 2016 325248 9/6/16 135.00 RUBBER HOME PLATE / PARKS 325249 9/6/16 298.26 WS DVD ZOOTOPIA 325250 9/6/16 550.00 AIR MOVER / PW 325251 9/6/16 429.84 fu1OP#45726 AUTO PARTS 325252 9/6/16 1,337.52 RETIREE HEALTH BENEFITS / SEP 2016 325253 9/6/16 250.00 CREDIT CARD EXPENSES / FIRE 325254 9/6/16 16,469.08 PRE-EMP PHYSICALS & DOT EXAMS 326255 9/6/16 562.00 PRE-EMP PHYSICAL & VACCINE 325256 9/6/16 413.00 ROYAL LIGHTWEIGHT VACUUM / PD 325257 9/6/16 349.38 MOP#62683 AUTO PARTS f PW 325258 9/6/16 265.78 MOP#46453 PI -. 1ES 325259 9/6/16 537.92 CELLULAR SE 138 of 355 18/21/16 325260 9/6/16 10,899.67 4/4 OA.UFORN.JA +.+ NATIoNAL (94119133,) WARRANT REGISTER #10 9/6/2016 PAYEE DESCRIPTION CHK NO DATE AMOUNT VERRY, L RETIREE HEALTH BENEFITS / SEP 2016 325261 9/6/16 280.00 VILLAGOMEZ, J RETIREE HEALTH BENEFITS 1 SEP 2016 325262 9/6116 480.00 WESTFLEX INDUSTRIAL MOP#63850 SUPPLIES / PW 325263 9/6/16 159.58 WHITE, J RETIREE HEALTH BENEFITS / SEP 2016 325264 9/6/16 230.00 WILLY'S ELECTRONIC SUPPLY MOP#45763 SUPPLIES / PW 325265 9/6/16 155.01 ZENGOTA, R RETIREE HEALTH BENEFITS / SEP 2016 325266 9/6/16 300.00 A'P Total 584,266.01 WIRED PAYMENTS THE PUN GROUP LLP INDEPENDENT AUDITING SERVICES 30661 8/31/16 25,000.00 Start Date End Date SECTION 8 HAPS PAYMENTS 8/31/2016 9/6/2013 798,507.84 GRAND TOTAL $1,387,773.65 139 of 355 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 TI-IEREOF 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 .TERRY CANO, VICE -MAYOR ALEJANDR,A SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER ALBERT MENDML, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AMID DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 4th OF OCTOBER, 2016. AYES NAYS ABSENT 140 of 355 CC/CDC-HA Agenda 10/4/2016 — Page 141 The following page(s) contain the backup material for Agenda Item: Continued Public Hearing — Conditional Use Permit for beer and wine sales at Gama Produce located at 1605 East 4th Street. (Applicant: Susana Maza) (Case File 2015-28 CUP) (Planning) 141 of 355 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: 'October 4, 2016 AGENDA ITEM NO. ITEM TITLE: Continued Public Hearing — Conditional Use Permit for beer and wine sales at Gama Produce located at 1605 East 4th Street. (Applicant: Susana Maza) (Case File 2015-28 CUP) PREPARED BY: 'Martin Reeder, AICP1 PHONE: 1336-4313 EXPLANATION: ;Lama Produce applied for a Conditional Use Permit (CUP) to sell beer and wine for off -site consumption. The market has been in operation since the year 2000. Hours of operation of the market are 7:30 a.m. to 8:00 p.m. Monday to Friday, and 7:30 a.m. to 7:00 p.m. on the weekends. Proposed alcohol sales hours would be the same. A Type 20 (Off -Sale Beer and Wine) license is currently being processed with the California Department of Alcoholic Beverage Control (ABC). DEPARTMENT: pi APPROVED ETx The Planning Commission voted to deny the Conditional Use Permit based on overconcentration of existing alcohol licenses and the high area crime rate. City Council considered a Notice of Decision for this item on June 7, 2016, at which time the item was set for public hearing. At the public hearing (August 16, 2016) the Council pulled the item based on additional public input received prior to the meeting. The correspondence is attached. The attached background staff report describes the proposal in detail.) FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Not a project per CEQA ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: STAFF RECOMMENDATION: !Staff recommends approval of the Conditional Use Permit.' BOARD / COMMISSION RECOMMENDATION: The Planning Commission denied the Conditional Use Permit. Ayes: Baca, Garcia, Sendt Noes: DeLaPaz, Flores ATTACHMENTS: Overhead 2. Background Report 3. Recommended Findings & Conditions 4. Reduced Plans/Site Photos Abstain: Bush, Yamane l Finance MIS 5. Public Hearing Notice 6. Planning Commission Staff Report 7. Planning Commission Resolution No. 2016-11 8. Correspondence from prior public hearing 142 of 355 2015-28 CUP — Gama Produce (beer and wine) — Overhead 143 of 355 BACKGROUND REPORT Overview Gama Produce has applied for a Conditional Use Permit (CUP) to sell beer and wine for off -site consumption. The market has been in operation since the year 2000. Hours of operation of the market are 7:30 a.m. to 8:00 p.m. Monday to Friday, and 7:30 a.m. to 7:00 p.m. on the weekends. A Type 20 (Off -Sale Beer and Wine) license is concurrently being processed with the California Department of Alcoholic Beverage Control (ABC). Site Characteristics The project location is Gama Produce, a neighborhood market at the northeast corner of East 4th Street and Palm Avenue in the Minor Mixed -Use Corridor (MXC-1) zone. The existing market is approximately 2,800 square feet in size and has a 13-space parking lot. The property is located south and west of the California Army National Guard Armory. Gama Produce has been in business at this location since 2000. Proposed Use The applicant is requesting to sell beer and wine for off -site consumption between the current operating hours of 7:30 a.m. to 8:00 p.m. Monday to Friday, and 7:30 a.m. to 7:00 p.m. on the weekends. Beer and wine would be stored in a cooler located in the rear of the store. Analvsis Section 18.30.050 of the National City Land Use Code allows for off -site alcohol sales with an approved Conditional Use Permit (CUP). Additional requirements for alcohol CUP's include expanded notification, a community meeting, and distance requirements. Mailing — All property owners and occupants within a distance of 660 feet are required to be notified of a public hearing for alcohol -related CUP applications, as was done in this case. 258 people were notified by mail of this public hearing. An additional 21 people who were in attendance at the August 16th public hearing (where the item was pulled from the agenda) have also been notified. Community Meeting — Pursuant to Section 18.30.050 (C), a community meeting was held Wednesday, January 4, 2016 at 5:00 p.m. at the National City Chamber of Commerce. The applicant has stated that four people were in attendance. A copy of the advertisement, sign -in sheet, and minutes are attached. Distance Requirements — Chapter 18.030.050 (D) requires that businesses that sell alcohol as a principal use maintain a 660-foot distance from schools. However, sales of alcohol in this case would be accessory to a market, and would thus not be subject to 144 of 355 this requirement. The nearest school is El Toyon Elementary School, which is located over 800 feet away and is east of Interstate 805. Required findings The Municipal Code contains required findings for Conditional Use Permits. There are six required findings: 1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code. The use is allowable within the Minor Mixed -Use Corridor zone pursuant to a Conditional Use Permit, and the proposed alcohol sales meet the required guidelines in the Land Use Code for alcohol sales, as discussed in the staff report. 2. The proposed use is consistent with the General Plan and any applicable specific plan. Alcohol sales are permitted, subject to a Conditional Use Permit, by the Land Use Code, which is consistent with the General Plan. A market is a retail use that is consistent with the Minor Mixed -Use land use designation contained in the Land Use and Community Character (LU) section element of the General Plan. In addition, the property is not within a 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. No expansion of the building is proposed. The proposal involves an existing market, which was already analyzed for traffic impacts when it was constructed. In addition, because the sale of alcohol would be accessory to the sale of other products, no measurable increase in traffic is expected. Access to and from the site is provided by Palm Avenue and East 4th Street, both collector streets. Palm Avenue north of 4th currently operates at a Level of Service (LOS) of F, while the street south of 4111 has a LOS of E. East 4th Street in this location is operating at a LOS of D. Both streets are operating at or above capacity, hence the poor levels of service. However, the sale of alcohol is not expected to result in an increase in Average Daily Trips (ADT) such that the LOS would be affected, particularly as the area devoted to alcohol soles is minimal. 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. 145 of 355 The proposed use would be accessory to the existing market use, which is located in an existing commercial area. The addition of alcohol sales is not expected to increase the demand for parking on the property. b. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located. The proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act. The project is not considered a project under CEQA (California Environmental Quality Act), as no development is proposed. Given that there is no calculable increase in traffic and no other impacts are anticipated staff is of the opinion that the project would not result in any physical changes to the environment. 7. That the proposed use is deemed essential and desirable to the public convenience or necessity, because it will contribute to the continued viability of a market, an established and allowed use in the Minor Mixed -Use Corridor Zone. In this case the alcohol sales will contribute to the viability of a market, an established and allowed use in the Minor Mixed -Use Corridor Zone. Alcohol sales would add to the convenience of the consumer, in that customer would be able to purchase alcohol at the same outlet that they are purchasing other products and not needing to visit multiple locations for their grocery needs. There are also three findings for denial based on the high crime designation and amount of existing off -sale outlets, as discussed in the "Alcohol Sales Concentration/Location" section below. 146 of 355 Department and Agency Comments Alcohol Sales Concentration/Location — Per ABC, there are currently four off -sale permits issued in the subject census tract (220). These permits are: Name Address License Type* CUP Kings Liquor 1626 East 8t" Street 21 - 7-Eleven 1601 East 18m Street 20 - Carnival Supermarket 1750 East 8th Street 21 - National City Shell , 1601 East 8m Street 20 Y * Type 20 — Off -Sale Beer and Wine Type 21 - Off -Sale General Of the four licenses, three are markets/liquor stores and one a gas station. The subject use is consistent with other off -sale businesses, all of which are consistent with the Mixed -Use zones. Census tract 220 includes the area of between Palm Avenue and. Interstate 805, and between Division Street and East 18th Street. The attached census tract map shows the location of the subject tract. ABC recommends a total of two off -sale alcohol permits be issued in this census tract, where four exist. Police Department Crime statistics provided by the Police Department (PD) indicate that the reporting area (Beat 21) had a current (January to August 2015) crime rate of 413.8%, above the 120% considered to be a high crime area. Crimes are categorized as either Part I or Part 11 crimes. Part I crimes are serious crimes such as homicide, robbery, assault, burglary, vehicle theft, etc. Part II crimes are less serious in nature and less commonly reported. Part 11 crimes include simple assault, embezzlement, narcotics, and weapons charges (among others). There is generally no specific crime reporting for alcohol - related occurrences. Alcohol is typically just referenced as a contributing factor to a particular crime (robbery, assault, etc.). Consistent with recent policy, PD provided a Risk Assessment report on the property. The assessment assigns points based on the type of business, license concentration, and calls for service (among others) and ranks the business according to potential risk (low, medium, or high). In this case, Gama Produce received 15 points, which would indicate a medium risk. The Risk Assessment is attached. 147 of 355 Institute for Public Strategies (IPS) IPS encouraged that staff and management attend Responsible Beverage Sales and Service training. The training is included as a Condition of Approval. Conditions of Approval Standard Conditions of Approval have been included with this permit, as well as conditions specific to off -sale alcohol sales per Council policy 707 (container size, no single sales, signage, RBSS training, etc.). Planning Commission Action Planning Commission conducted a public hearing on February 8, 2016, which resulted in a tie vote (no action considered taken). A new hearing was held on May 2, 2016. Seven speakers spoke in support of the proposal and seven against. Concerns were raised regarding crime rates and oversaturation of alcohol licenses. Commissioners shared the same concerns and asked additional questions regarding other businesses, training, and display area. The Commission voted to deny the Conditional Use Permit based on overconcentration of existing alcohol licenses and the high area crime rate. Summary The proposed use is consistent with the General Plan, because alcohol sales for off -site consumption are a conditionally -allowed use in the Minor Mixed -Use Corridor Zone, The proposed use would be accessory to the existing market use in an existing commercial area, which is not expected to increase the demand for parking or other services on the property. Gama Produce has been in business at this location since 2000. Furthermore, the addition of alcohol sales is not expected to have any significant effects on the area. Although the census tract in which the market is located is over -concentrated with regard to off -sale alcohol licenses, the subject location is a produce market where alcohol will be small portion of overall sales. The options available to the City Council are to approve or deny the item, or to continue the item in order to request additional information. In the case of approval or denial, staff will return with a resolution at a subsequent date. 148 of 355 ,r�' !;.fr EXHIBIT: CASE FILE NO.: [ _'Z DATE: j t 1 is 149 of 355 • 2015-28 CUP — Gama Produce (beer and wine) — Site Photos Interior of market from entrance Cooler where alcohol will be displayed 150 of 355 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. Cella, CMC - City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a Public Hearing after the hour of 6:00 p.m., Tuesday, October 4, 2016, in the City Council Chambers, Civic Center, 1243 National City Blvd., National City, CA., to consider: CONDITIONAL USE PERMIT FOR BEER AND WINE SALES AT GAMA PRODUCE LOCATED AT 1605 EAST 4T" STREET. The Planning Commission conducted a public hearing at their meeting of May 2, 2016 and voted to recommend denial of the Conditional Use Permit by a vote of 3 to 2 with 2 members absent. 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. September 21, 2016 Michael R. Della, CMC City Clerk 151 of 355 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Title: Case File No.: Property Location: Assessor's Parcel No.: Staff report by: Applicant: Property owner: Zoning designation: Adjacent land use/zoning: North: East: South: West: Environmental review: Staff Recommendation: Item no. 4 May 2, 2016 CONDITIONAL USE PERMIT FOR BEER AND WINE SALES AT GAMA PRODUCE LOCATED AT 1605 EAST 4TH STREET. 2015-28 CUP Northeast corner of Palm Avenue and East 4th Street 554-050-19 Martin Reeder, AICP — Principal Planner Susana Maze Stephen Reynolds Minor Mixed -Use Corridor (MXC41) California Army National Guard Armory / I (Institutional) California Army National Guard Armory / I (Institutional) Residential & Commercial use across East 4th Street / MXC-1 Vacant commercial building / MXC-1 Not a project per CEQA Approve based .on attached findings and subject to attached Conditions of Approval 152 of 355 x•- BACKGROUND Gama Produce has applied for a Conditional Use Permit (CUP) to sell beer and wine for off -site consumption. The market has been in operation since the year 2000. Hours of operation of the market are 7:30 a.m. to 8:00 p.m. Monday to Friday, and 7:30 a.m. to 7:00 p.m. on the weekends. A Type 20 (Off -Sale Beer and Wine) license is concurrently being processed with the California Department of Alcoholic Beverage Control (ABC). Previous Action This item was on the Planning Commission agenda of February 8, 2016. At that time a motion to approve the CUP ended in a three to three tie vote (one member was absent). In the case of a tie vote and in absence of a specific rule, no action is considered taken. In a quasi-judicial hearing and in the interest of due process, the applicant is entitled to a decision — a finding of approval or denial of the CUP. Therefore, the item has been re - noticed in order for the Planning Commission to hear the item anew. It is important to note that this is not a continued public hearing, but rather a completely new hearing. At the previous hearing, two community members spoke in opposition of the application citing existing outlets and high crime in the area. In March, a petition against the project was submitted to staff. The petition has 130 signatures and is attached for your review. Site Characteristics The project location is Gama Produce, a neighborhood market at the northeast comer of East 4th Street and Palm Avenue in the Minor Mixed -Use Corridor (MXC-1) zone. The existing market is approximately 2,800 square feet in size and has a 13-space parking iot. The property is located south and west of the California Army National Guard Armory. Gama Produce hasbeen in business at this location since 2000. Proposed Use Th6 4ippiicant is requesting to self beer and wine for of site consumption between the current operating hours of 7:30 a.m. to 8:00 p.m. Monday to Friday, and 7:30 a.m. to 7:00 p.m. on the weekends. Beer and wine would be stored in a cooler located in the rear of the store. Analysis Section 18.30.050 of the National City Land Use Code allows for off -site alcohol sales with an approved Conditional Use Permit (CUP). Additional requirements for alcohol CUP's include expanded notification, a community meeting, and distance requirements. Mailing — All property owners and occupants within a distance of 660 feet are required to be noted of a public hearing for alcohol -related CUP applications, as was done in this case. 356 people were notified by mail of this public hearing. 153 of 355 Community Meeting — Pursuant to Section 18.30.050 (C), a community meeting was held Wednesday, January 4, 2016 at 5:00 p.m. at the National City Chamber of Commerce. The applicant has stated that four people were in attendance. A copy of the advertisement, sign -in sheet, and minutes are attached. Distance Requirements — Chapter 18.030.050 (D) requires that businesses that sell alcohol as a principal use maintain a 660-foot distance from schools. However, sales of alcohol in this case would be accessory to a market, and would thus not be subject to this requirement. The nearest school is El Toyon Elementary School, which is located over 800 feet away and is east of Interstate 805. Required findings The Municipal Code contains required findings for Conditional Use Permits. There are six required findings: 1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code. The use is allowable within the Minor Mixed -Use Corridor zone pursuant to a Conditional Use Permit, and the proposed alcohol sales meet the required guidelines in the Land Use Code for alcohol sales, as discussed in the staff report. 2. The proposed use is consistent with the General Plan and any applicable specific plan. Alcohol sales are permitted, subject to a Conditional Use Permit, by the Land Use Code, which is consistent with the General Plan. A market is a retail use that is consistent with the Minor Mixed -Use land use designation contained in the Land Use and Community Character (LU) section element of the General Plan. In addition, the property is not within a 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. No expansion of the building is proposed. The proposal involves an existing market, which was already analyzed for traffic impacts when it was constructed. In addition, because the sale of alcohol would be accessory to the sale of other products, no measurable increase in traffic is expected. Access to and from the site is provided by Palm Avenue and East 4th Street, both collector streets. Palm Avenue north of 411.1 currently operates at a Level of Service (LOS) of F, while the street south of 41h has a 154 of 355 - LOS of E. East 4th Street in this location is operating at a LOS of D. Both streets are operating at or above capacity, hence the poor levels of service. However, the sale of alcohol is not expected to result in an increase in Average Daily Trips (ADT) such that the LOS would be affected, particularly as the area devoted to alcohol sales is minimal. 4. The site is physically suitable for the type, density, and intensity of use being proposed, inciuding access, utilities, and the absence of physical constraints. The proposed use would be accessory to the existing market use, which is located in an existing commercial area. The addition of alcohol sales is not expected to increase the demand for parking on the property. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located. The proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. 5. The proposed project has been reviewed in compliance with the California Environmental Quality Act. The project is not considered a project under CEQA (California Environmental Quality Act), as no development is proposed. Given that there is no caiculable increase in traffic and no other impacts are anticipated staff is of the opinion that the project would not result in any physical changes to the environment. 7. That the proposed use is deemed essential and desirable to the public convenience or necessity, because it will contribute to the continued viability of a market, an established and allowed use in the Minor Mixed -Use Corridor Zone. In this case the alcohol sales will contribute to the viability of a market, an established and allowed use in the Minor Mixed -Use Corridor Zone. Alcohol sales would add to the convenience of the consumer, in that customer would be able to purchase alcohol at the same outlet that they are purchasing other products and not needing to visit multiple locations for their grocery needs. There are also three findings for denial based on the high crime designation and amount of existing off -sale outlets, as discussed in the "Alcohol Sales Concentration/Location" section below. 155 of 355 Department and Agency Comments Alcohol Sales Concentration/Location — Per ABC, there are currently four off -sale permits issued in the subject census tract (220). These permits are: Name Address License Type* CUP Kings Liquor 1626 East 8t" Street 21 - 1 7-Eleven 1601 East 18tt' Street 20 - Carnival Supermarket 1750 East 8th Street 21 - National City Shell 1601 East 8t" Street 20 Y * Type 20 — Off -Sale Beer and Wine Type 21 - Off -Sale General Of the four licenses, three are markets/liquor stores and one a gas station. The subject use is consistent with other off -sale businesses, all of which are consistent with the Mixed -Use zones. Census tract 220 includes the area of between Palm Avenue and interstate 805, and between Division Street and East 18th Street. The attached census tract map shows the location of the subject tract. ABC recommends a total of two off -sale alcohol permits be issued in this census tract, where four exist. Police Department Crime statistics provided by the Police Department (PD) indicate that the reporting area (Beat 21) had a current (January to August 2015) crime rate of 413.8%, above the 120°/0 considered to be a high crime area. Crimes are categorized as either Part I or Part II crimes. Part I crimes are serious crimes such as homicide, robbery, assault, burglary, vehicle theft, etc. Part II crimes are less serious in nature and less commonly reported. Part II crimes include simple assault, embezzlement, narcotics, and weapons charges (among others). There is generally no specific crime reporting for alcohol - related occurrences. Alcohol is typically just referenced as a contributing factor to a particular crime (robbery, assault, etc.). Consistent with recent policy, PD provided a Risk Assessment report on the property. The assessment assigns points based on the type of business, license concentration, and calls for service (among others) and ranks the business according to potential risk (low, medium, or high). In this case, Gama Produce received 15 points, which would indicate a medium risk. The Risk Assessment is attached. 156 of 355 0 Institute for Public Strategies (IPS) IPS encouraged that staff and management attend Responsible Beverage Sales and Service training. The training is included as a Condition of Approval. Conditions of Approval Standard Conditions of Approval have been included with this permit, as well as conditions specific to off -sale alcohol sales per Council policy 707 (container size, no single sales, signage, RBSS training, etc.). Summary The proposed use is consistent with the General Plan, because alcohol sales for off -site consumption are a conditionally -allowed use in the Minor Mixed -Use Corridor Zone. The proposed use would be accessory to the existing market use in an existing commercial area, which is not expected to increase the demand for parking or other services on the property. Game Produce has been in business at this location since 2000. Furthermore, the addition of alcohol sales is not expected to have any significant effects on the area. Although the census tract in which the market is located is over -concentrated with regard to off -sale alcohol licenses, the subject location is a produce market where alcohol will be small portion of overall sales, OPTIONS 1. Approve 2015-28 CUP subject to the conditions listed below, based on attached findings; or 2. Deny 2015-28 CUP based on attached findings/findings to be determined by the Planning Commission; or 3. Continue the item in order to obtain additional information. 157 of 355 13 -- r -i ATTACHMENTS 1. Recommended Findings 2. Recommended Conditions 3. Overhead 4. Site photos 6. Applicant's Plans (Exhibit A, Case File No. 2015-28 CUP, dated 11/18/2015) 6. Community meeting advertisement, sign -in sheet, and minutes 7. Police Department and Institute for Public Strategies comments 8. Census Tract Map and Police Beat Map 9. Public Hearing Notice (Sent to 258 property owners and occupants) 10. Public correspondence MARTIN REEDER, AICP Principal Planner Executive Director 158 of 355 RECOMMENDED CONDITIONS OF APPROVAL 2015-28 CUP, 1605 East 411' Street General 1. This Conditional Use Permit authorizes the sale of beer and wine at an existing market located at 1605 Fast 4th Street. The display of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit A, Case File No. 2015-28 CUP, dated 11/18/2015. 2. 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 the Municipal Code. 3. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 4. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 5. 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 Executive Director 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 Attomey and signed by the Executive Director prior to recordation. Planning 6. The sale of beer or malt beverages in quantities of quarts, 22-ounce, 32-ounce, 40- ounce, or similar size containers is prohibited. 7, No beer products shall be sold of less than manufacturer's pre -packaged three -pack quantities of 24 ounce cans per sale. There shall be no sale of single cans or bottles. 8. No sale of wine or distilled spirits shall be sold in containers of less than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 159 of 355 1 9. Flavored malt beverages, also known as premium malt beverages and flavored malt coolers, and sometimes commonly referred to as wine coolers, may be sold only by four -pack or other manufacturer's prepackaged multi -unit quantities. 10.The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the applicant. 11.AII cups and containers shall be sold at or above prevailing prices and in their original multi -container packages of no fewer than 12, and no cups and containers shall be given free of charge. 12. Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge. 13.Permittee shall post signs on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Additionally, the permittee shall post signs, to be approved by the Planning Department, at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "No open alcoholic beverage containers are allowed on these premises." b. "No loitering is allowed." 14.Containers of distilled spirits may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 15. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 16.The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. Police 17. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of alcoholic beverages. 160 of 355 V"..__ GAMA PRODUCE 41% otik Dear community member, 619-477-2374 Gama Produce has recently applied for a beer and wine sales license in National City. Ifs my hope to serve tine community even more as the best priced, fresh pr!duce and every day item store in National City with this addidon. The community is very import2}nt to me and I want to hear what you ;have to say as well as answer questions or concerns. To do this, we will hold a community meeting to discuss our C.U.P. License to sell beer and winein the store. The community meeting will take place at: 901 National City Blvd., National City, CA 92950 On Tan 4th, 2016 from 5:OOpm to 8:00pm PST. I will personally be on hand to address any issues or concerns as well as answer any questions regarding the additional license to sell beer and wine at the store. We Hope you can attend and meet with us. If you have any questions or issues please visit Our website at www.GaraProduce.Gpweb.com or contact Susana at GamaProcluce@o4tlook.com Sincerely, 1605 E 4th St. National City, CA 91950 1619-477-2374 I GamaPrgduce@outlook.com 161 of 355 CONTACTS NAME ADCDRESS NUMBERS / in? c OCy 4 ..67 0 n (73 '- 7 la S M RE/trio 7 5 E' 5-5 r IL/7 X I a ,. -i. 162 of 366 I Gama Produce Community Meeting minutes January 4, 2016 Begin: 5:00 p.m. Welcome and thanks for corning to the meeting. Description of request and operation. Questions about products sold and hours of operations. End: 5:35 p.m. 163 of 355 Ll NATIONAL CITY POLICE DEPARTMENT ALCOHOL BEVERAGE CONTROL RISK ASSESSMENT DATE: 12/03/15 BUSINESS NAME: Game Produce ADDRESS: 1606 East 4th Street, National City, CA 91950 OWNERNAME: Carlos & Susana Maza DOB: Not Disclosed OWNER ADDRESS: 1605 East 4th Street, National City, CA 91950 (add additional owners on page 2) I. Type of Business 0 Restaurant (1 pt) IL1 Market (2 pts) ❑ Bar/Night Club (3 pts) II. Hours of Operation ❑ Daytime hours (1 pt) i Close by lOpm (2 pts) ❑ Close after 10pm (3 pts) III. Entertainment ❑ Music (1 pt) ❑ Live Music (2 pts) ❑ Dancing/Live Music (3 pts) IV. Crime Rate ❑ Low (1pt) E Mcdiurn (2 pts) l6 High (3 pts) V. Alcohol Businesses per Census Tract El Below (1 pt) ❑ Average (2 pts) Above (3 pts) Notes: Crime Rate - over 120% (413.8%) Census Tract - 220 Allowed Type 20.- (Off -sale, Beer& Wine) Currently allowed' On -sale - 5 / Currently have - 3 Currently allowed Off -sale- 2 / Currently have - 4 Over saturation Revised: 11/11 1 of 2 164 of 355 dii National City Police Department VI. Calls for Service at Location (for_previous 6 months) D Below (1 pt) PI Average (2 pts) ❑ Above (3 pts) VII. Proximity Assessment (1/4 mile radius of location) G Mostly commercial businesses (1 pt) 0 Some businesses, some residential (2 pts) Mostly residential (3 pts) VIII.Owner(s) records check Pi No criminal incidents (0 pts) 0 Minor criminal incidents (2 pts) 0 Multiple/Major criminal incidents (3 pts) ABC Risk Assessment Low Risk ( 12pts or Iess) Medium Risk (13--18pts) High Risk (19 — 24pts) Total Points 15 OWNER NAME: Carlos Maza DOB: Not Disclosed OWNER ADDRESS: 1605 East 4th Street, National. City, CA 91950 OWNER NAME: Susana Maza DOB: Not Disclosed OWNER ADDRESS: 1605 East 4th Street, National City, CA 91950 Recommendation: - NCPD does not have a proactive enforcement unit for ABC outlets. - Within 100' of residences, El Toyon school and park near: by. - (5) on -sale and (2) Off -sale licenses are allowed in the census tract - Census tract .220 currently has (3) On -sale and (4) Of Sale. - Over saturation by double for Off -Sale establishments. - ABC states - Area is considered "High Crime Rate," The census tract Is "Over Concentrated," Crime Rate for Beat 21 - 413.8%, nearly 4 times the rate of a "High Crime Rate" defined by ABC Completed by: Graham Young, Lt. Badge ID: 355 2 of 2 165 of 355 bJ , California ABC - License Query System - Data Portal Page 1 of 1 et - California Department of Alcoholic Beverage Control For the County of SAN DIEGO - (Retail Licenses) and Census Tract = 220 264361 350706 Stains ACTIVE ACTIVE b98986 ]}4CT1VE 48 21 20 Orig. lss. Date 9/20/1991 3/12/1999 5/28/2003 Explr Date 1/3112016 5/3112016 8/30/2016 Report as of 10/25/2015 Primary Owner and Premises Addr. BUD MOHLER INC 419 PALM AVE NATIONAL CITY, CA 91950 (Census .Tract: 0220.00 HOSHANI, GEORGE NNA 1626 E BTH ST NATIONAL CRY, CA 91950 Census Tract: 0220.00 .7 ELEVEN INC '1601 E 18TH ST NATIONAL CITY. CA 91950 Census Tract: 0220.00 Business Name ALOTTAS KINGS LIQUOR 7 ELEVEN 2131 17285 I IaHing Address 3515 VALLEY VISTA RD BONITA, CA 91902 1'O BOX 219088, ATT: 7 ELEVEN LICENSING DALLAS, 7X 75221-9088 Geo Code .3708 .3708 3708 4) 408542 ACTIVE 21 3/25/2004 12/31/2015 'CARNIVAL !SUPERMARKET INC 1750EBTHST NATIONAL CITY, CA 91950 Census Tract: 0220.00 CARNIVAL SUPERMARKET 3708 r59° rLCTFVE ' 506904 7 540773 ACTIVE ACTIVE 41 11/20/2007 41 20 7/25/2011 2:49:59 PM 4110/2014 1:32:10 PM 0/3112015 HOP INC AMILY HOUSE OF 800 E PLAZA BLVD ANCAKES TIONAL CITY, CA 1950-3703 ensus Tract 0220.00 6/30/2016 3/31/2016 LI, SHIHUI 1819 E PLAZA BLVD NATIONAL CITY, CA 91950-3701 Census Tract: 0220.00 VINTNERS DISTRIBUTORS INC 1601 E 8TH ST NATIONAL CITY, CA 91950 Census Tract: 0220.00 013.2P42- 3 - - - End of Report - - - For a definition of codes, view our glossary. BISTRO CITY NATIONAL CITY SHELL off i25 -A 411305 ALBRAE ST, 2ND FL �FREMONT, CA 94538- 3120 3708 30 1,tr, • ilurunati 0,I,1, r a am r/rl n+nnrfJ ri 166 of 355 1 fl/'74/1/11 r 'DEPARTMENT OF ALCOHOLIC BEVERAGE OL NUMBER OF LICENSES AUTHORIZED BY CENSUS TRACT 'o ►it :twine . . - . :'u .Cflu :. Ratio Pop .latlpn. ::..OtiSato .. C'of i._ 7Catio..9ff r• ...'Saty e:.. ., -':. arid:! : - :.tip-ac.0:.. 'cgo-0''X" r ':..f'4 04' ' :�. - ' SaCe.. �E:5ale: 1I°' 3,227,496 790 • 1,564 ; .. , , Al 6- •SAX 0.G0 : 3,227,496 790 1,564 :. .; . -- 3,227,496 790 i 1,564 I x .. . , :.5- : .. .. ' . • 3 DIx. • 3,227,496 790 I 1,564 2{ 3139 : 3; 5 4 - . .2 CEO koril Imo': ,:� ;_:.. . 3,227,496 790 l j 1,564 .. ' I ',_ r . - j f 3,227,496 790 1,564 -SAND 3,227,496 3,227,495 SAN OM9 1 3,227,496 790 790 1,564 1,564 790 1,554 0445 2 3 .3 D ] 3,227,496 790 1,564 3,227,496 790 1,564 :. 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RANC3SCO 845,602 275 1,060 5 SAN FWIC1503 _ 845,602 275 1,060 _ 10840 I'4,573 ., " 16 - 4 Updated: Sep 2015 167 of 355 Page 121 AVM Required Parameters Reporting Period: 01/2015 to 09/2015 Agency: NATIONAL CITY ABC Report 2015 ABC Report by Beats Optional Parameters Geographical Area: Group by: Beat Prior Report Number: B985328R Total Part 1 Crime and Part 2 Arrest for Agency: 3,238 Total Beat: 14 Average Total per Beat: 231.3 (120% or above is High Crime Area indicated by *) Beat Totals % Average by Beat 1 011 0 0.0% 2 014 0 0.0% 3 020 969 419.0%* 4 021 957 413.8%* 5 023 763 329.9%* 6 024 545 235,6%* 7 434 0 0.0% 8 441 D 0.0% 9 514 0 0.0% 10 521 0 0.0% 11 722 0 0.0% 12 999 4 1.7% Oct 21,2015 -14- 3:27:33PM 168 of 355 4111 ABC Report 2015 ABC Report by Beats Required Parameters Optional Parameters Reporting Period: 01120151a 0912015 Geographical Area: Agency: NATIONAL CITY Group by: Beat CRIME TYPES CRIME TOTALS CRIMINAL HOMICIDE 0 FORCIBLE RAPE 14 ROBBERY 112 AGGRAVATED ASSAULT 165 BURGLARY 132 LARCENY 720 MOTOR VEHICLE THEFT 211 Total Part i Crirne: 2,354 ARREST TYPES ARREST TOTALS SIMPLE ASSAULT 44 OTHER PART II CRIMES 1,202 CHILD AND FAMILY 38 DEADLY WEAPONS 24 EMBEZZLEMENT 8 FRAUD 26 GAMBLING 0 MALICIOUS MISCHIEF 14 NARCOTICS 342 SEX CRIMES 17 FORGERY 3 OTHER NON -CRIMINAL 166 Total Part Ii Arrest: 1,884 Toth = Part r Crime + Part II Arrest for Agency: Total Agency: (120% is considered high crime area) Average Total Per Agency: 3,238 1 3,238 Prior Report Number. B98S328R Oct 21,2015 -1- 169 of 355 L1 3:27:33 PM " ► ASS Required Parameters Reporting Period: 0112015 to 09/2015 Agency: NATIONAL CITY CRIME TYPES CRIMINAL HOMICIDE FORCIBLE RAPE ROBBERY AGGRAVATED ASSAULT BURGLARY LARCENY MOTOR VEHICLE THEFT Total Part I Crime: ARREST TYPES ABC Report 2015 ABC Report by Beats Optional Parameters Geographical Area: Group by: Beat 020 CRIME TOTALS 0 6 34 31 22 235 44 372 ARREST TOTALS SIMPL€ ASSAULT OTHER PART II CRIMES CHILD AND FAMILY DEADLY WEAPONS EMBEZZLEMENT FRAUD GAMBLING MALICIOUS MISCHIEF NARCOTICS SEX CRIMES FORGERY OTHER NON -CRIMINAL Total Part II Arrest: Beat Total = Part I Crime + Part II Arrest: 969 BeatAve. ( Agency / Beat ): 231.3 Agency Wide Total = Part 1 Crime + Part II Arrest: 3,238 Beat Total as % of Beat Average:: 419.0% (120% is considered high crime area) Oct 21,2015 12 336 9 10 3 10 0 4 138 8 1 66 597 Prior Report Number: B988328R - 4 - 3:27:33 PM 170 of 355 AVMS Required Parameters Reporting Period: 01/2015 to 0912015 Agency: NATIONAL CITY ABC Report 2015 ABC Report by Beats Optional Parameters Geographical Area: Group by: Beat 021 Prior Report Number: B98S328R CRIME TYPES CRIME TOTALS CRIMINAL HOMICIDE 0 FORCIBLE RAPE 3 ROBBERY 33 AGGRAVATED ASSAULT 57 BURGLARY 53 LARCENY 169 MOTOR VEHICLE THEFT 66 Total Part I Crime: 381 ARREST TYPES ARREST TOTALS SIMPLE ASSAULT 16 OTHER PART II CRIMES 384 CHILD AND FAMILY 15 DEADLY WEAPONS 5 EMBEZZLEMENT 0 FRAUD 11 GAMBLING 0 MALICIOUS MISCHIEF 4 NARCOTICS 94 SEX CRIMES 7 FORGERY 0 OTHER NON -CRIMINAL 40 Total Part II Arrest: 576 Beat Total = Part r Crime + Part 1I Arrest: 957 BeatAve. (Agenccy / Beat ): 231.3 Agency Wide Total = Part 1 Crime + Part I! Arrest: 3,238 Beat Total as % of Beat Average: ; 413.8% (120% is considered high dime area) Oct 21,2015 3:27:33 FM Mi►A IS Required Parameters Reporting Period: 01/2015 to 09/2015 Agency: NATIONAL CITY ABC Report 2015 ABC Report by Beats Optional Parameters Geographical Area: Group by: Beat 023 Prior Report Number: B985328R CRIME TYPES . CRIME TOTALS CRIMINAL HOMICIDE 0 FORCIBLE RAPE 3 ROBBERY 35 AGGRAVATED ASSAULT 41 BURGLARY 39 LARCENY 255 MOTOR VEHICLE THEFT 52 Total Part I Crime: 425 ARREST TYPES ARREST TOTALS SIMPLE ASSAULT 10 OTHER PART II CRIMES 211 CHILD AND FAMILY 6 DEADLY WEAPONS 4 EMBEZZLEMENT 1 FRAUD 1 GAMBLING 0 MALICIOUS MISCHIEF 2 NARCOTICS 66 SEX CRIMES a FORGERY 0 OTHER NON -CRIMINAL 36 Total Part II Arrest: 338 Beat Total = Part I Crime + Part II Arrest: 763 BeatAve. ( Agency / Beat ): 231.3 Agency Wide Total = Part 1 Crime + Part II Arrest: 3,238 Beat Total as % of Beat Average: : 329.9% (120% is considered high crime area) Oct 21, 2015 6- 3:27:33PM 172 of 355 Required Parameters Reporting Period: D1I2015 to 09/2015 Agency: NATIONAL CITY CRIME TYPES CRIMINAL HOMICIDE FORCIBLE RAPE ROBBERY AGGRAVATED ASSAULT BURGLARY LARCENY MOTOR VEHICLE THEFT Total Part I Crime: ABC Report 2015 ABC Report by Beats Optional Parameters Geographical Area: Group by: Beat 024 CRIME TOTALS 0 2 10 36 18 61 49 176 ARREST TYPES ARREST TOTALS SIMPLE ASSAULT 6 OTHER PART II CRIMES 268 CHILD AND FAMILY 7 DEADLY WEAPONS 5 EMBEZZLEMENT 4 FRAUD 4 GAMBLING 0 MALICIOUS MISCHIEF 4 NARCOTICS 44 SEX CRIMES 1 FORGERY 2 OTHER NON -CRIMINAL 24 Total Part II Arrest: 369 Beat Total = Part I Crime + Part it Arrest: 545 BeatAve. ( Agency 1 Beat ): 231.3 Agency Wide Total = Part 1 Crime + Part II Arrest: 3,238 Beat Total as % of Beat Average: : 235.6% (120% is considered high crime area) Prior Report Number: B98S328R Oct 21,2015 7 173 of 355 3:27:33 PM VIA' Agin Required Parameters Reporting Period: 01/2015 to 09/2015 Agency: NATIONAL CITY ABC Report 2015 ABC Report by Beats Optional Parameters Geographical Area: Group by: Beat 441 Prior Report Number: B98S328R CRIME TYPES CRIME TOTALS CRIMINAL HOMICIDE 0 FORCIBLE RAPE 0 ROBBERY 0 AGGRAVATED ASSAULT 0 BURGLARY 0 LARCENY 0 MOTOR VEHICLE THEFT 0 Total Part I Crime: 0 ARREST TYPES ARREST TOTALS SIMPLE ASSAULT 0 OTHER PART II CRIMES 0 CHILD AND FAMILY 0 DEADLY WEAPONS 0 EMBEZZLEMENT 0 FRAUD 0 GAMBLING 0 MALICIOUS MISCHIEF 0 NARCOTICS 0 SEX CRIMES 0 FORGERY 0 OTHER NON -CRIMINAL 0 Total Part II Arrest: 0 Beat Total = Part I Crime + Part it Arrest: 0 BeatAve. ( Agency / Beat ): 231.3 Agency Wide Total = Part 1 Crime + Part II Arrest: 3,238 Beat Total as % of Beat Average: : 0.0% (120% is considered high crime area) Oct 21,2015 -9- 3:27:33 PM 174 of 355 • South Bay community Environmental Scan For Alcohol License C.U.P. Gamma Produce 1605 East 4d Street, National City, CA 91950 November 25, 2015 1111111111... Illi111nl Photo of Gamma Produce in National. City Google Earth View of 1605 E 4'' Street . and Surrounding Area This environmental scan is for an amendment on the existing Conditional Use Permit for the Gamma Produce market, located at 1605 East 4th Street in National City. The applicant is applying for a Conditional Use Permit for sales of Beer and Wine. The business is located at the intersection of Palm Avenue and East 4th Street in National City. Currently there are six (6) active licenses issued for the Census Tract is 0118.02. This number exceeds the census track allocation of 1. An environmental scan was conducted on Wednesday, November 25, 2015. The business is the Gamma Produce, a market with sales of groceries, fruit, vegetables anci meat. During a scan of the business and property the following was noted: The business is a small business located alone on the property. There, are single-family residences, multi- unit housing and one church in the immediate area. Funded by the San Diego County Health and Human Services Agency 2615 Camino ce Rio So.#300 San i California, 92108 ° Phone: 619.476-9100 Fax: 619.476-9104 www.publiostrategies.org Youth Sensitive Areas The business is not located near any youth sensitive areas. Churches The business is located across from a Christian Church at the West side of Palm. Avenue and East 4th Street in National City. Outlet Density According to the ABC, seven (7) on -site licenses are authorized for Census Tract 0118.02, the census track within the area of which the Gamma Produce is located. Currently there are five (5) off -sale licenses issued for the Census Tract is 0118.02. This number exceeds the census track allocation by 1. Green Arrow and 'fled Pi Depict Applicant's Location for "GAMMA PRODUCE MARKET" at 1605 E 4th Street, National City. Yellow Circles Depict Existing Alcohol Outlets in Applicant's Census Tract and Other Nearby Census Tracts Map from ABC.CA.Gov Website Showing Alcohol Outlets in National City The South Bay Community Change Project is a project of the Institute for Public Strategies and Is horded by the San D ege County Health and Human Services Adnunistralion Page 2 of 3 Mailing Address: 2615 Camino del Rio So. #300 • San Diego, California, 92108 ' Phone: 619.476-9100 ' Fax: 619.476-9164 www.publicstrategies.org 176 of 355 11. Census Tracts Off -Sale Oa -Sale .Tract 220 Establishment is within this tract Allowed: 2 Actual: 4 Number Above/Below Allowable: +2. Allowed: 5 Actual: 3 Above/Below: :_ Neighboring Census Tracts Census Tract 0118.01 Allowed: 2 Actual: 2 Number Above/Below Allowable: - Allowed: 4 Actual: 4 Above/Below: - Tract 118.02 Allowed: 4 Actual: 5 Number Above/Below Allowable: +1 Allowed: 7 Actual: 7 Above/Below: - Crime Rate Refer to National City Police Departments report for crime statistics. Considerations South Bay Community Change staff spoke to the owner, Mrs. Susan Maza on November 25, 2015. She let us know that the hours of the alcohol sales would coincide with the store hours Monday -Friday 7:30 a.m. to 8:00 p.m. and weekends 7:30 a.m. to 7:00 p.m. She has had her business there for the past 16 years wants only to provide the beer and wine for her direct customers. We would recommend that the current conditions continue and insure that the staff, management, and owner attend the Responsible Beverage Sales and Service training. The Soulh Bay Con -null ty Change Project is a project elite Insfiteta for Public Sb: iegies and is funded by the San Diego County Heattli and Human 5eracas ACtrani*alion Page3of3 Mailing Address: 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax: 619.476-9-w4 tra.icsiratoj;s. ofr 177 of 355 JJ 50 e!.eur %IA City. • igust 25, 2014 0 CensusTracts 2010 1: 0, a'' 3414 t4 ai.'"(4111.0 'Z40 178 of 355 4.21).111 wav 1'23:i14,. ;ter t11 1:45,467 0 0.375 0,75 1,5 nl f r • . •t . r r �J 0 0.5 1 2km Soyrces: EMI, HERE, OeLoans, TomT ,i, Intermap, Ineremmt P Car GFBCO, USG@, FPO, FPS, MOAN, GeoGese, IGN, &skater FL, Omen Ivey, all .fepen, ANTI, Esrt Ulna (Fbrig Kong)-, awisstopo, Aitapmyhtfla OpenStreethffepcordbutas,wetthe0ISUserCommurity CALIFORNIA NATIONAL +t�tco��gta CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR BEER AND WINE SALES AT GAMA PRODUCE LOCATED AT 1605 EAST 4TH STREET. CASE FILE NO.: 2015-28 CUP APN: 554-050-19 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, May 2, 2016, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Susana Maza) The applicant is requesting to sell beer and wine for off -site consumption between the current operating hours of 7:30 a.m. to 8:00 p.m. Monday to Friday, and 7:30 a.m. to 7:00 p.m. on the weekends. Beer and wine would be stored in a cooler located in the rear of the store. 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 on or before 12:00 p.m., May 2, 2016 by the Planning Department, who can be contacted at 619-336-4310 or planning@nationalcityca.gov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DEPARTMENT BRAD RAULSTON Executive Director 180 of 355 IN THE MATTER OF THE APPLICATION FOR A CONDITIONAL USE PERMIT FOR 1605 E. 14TH STREET, NATIONAL CITY, CA 91950 Dear City of National City: Please accept this letter as my opposition of a Conditional Use Permit for 1605 E. 14th Street, National City, CA 91950. -REASONS FOR DENYING TILE APPLICATION OF A CONDITiONAL USE PERMIT AT 1.605 E. 24th STREET, NATiONAL CITY, CA 91950 1. Whether the issuance involves an existing business with a license which is being transferred to a new location and which will not result in an Increase In the total number of off sale retail liquor licenses or on sale retail liquor licenses In the census tract in which the business would be located? Applicant is looking to add a Type 20 license to a Census Tract that is already over -concentrated with off -premise akohol related licenses. However, In order to add this license to the census tract, Applicant must receive a Conditional Use Permit {CUP). There are 2 licenses allowed and currently the census tract is over -saturated with 4 existing. Allowing a CUP at this location would increase the already over - saturation rate to S. This Census Tract does not need yet another off -sale alcohol license. 2, Whether the business, by reason of its location, character, manner, method of operation, merchandise, or potential clientele, will serve a segment of the City's business or residents not presently bed seised? No. Currently there is a liquor store directly across the street. However, this liquor store does not appear in the staff reports or recommendations due to the fact that it is located in the adjoining census tract. in addition, although the proposed location is described as a market that sells produce and meat, it in fact Is a convenience store that is looking to have beer and wine as its primary product. The Applicant has listed the business for sale, and it marketing it as a convenience store. Attached -is the listing, which states, 'Great opportunity for a buyer to 181 of 355 J3 come in and increase business by adding Beer & Wine, Cigarettes, Western Union, Check Cashing, Deli and much more." This means that if this location Is granted a CIJP, the new owner can make any changes to this store. Including, making it a liquor store. The building is only 2,400 square feet and cannot be viable as a market. This location has been in existence since 2000 with the current owner and has operated without an alcohol license. However, now since the owner is looking to sell the business and building, we would not know the intention of the new owner. If the intention of the new owner is to operate as a beer and wine store, than it would be proper to have them thoroughly investigated by the police department through the Public convenience and necessity process and also through the Conditional Use Permit process. Remember, once you approve the CUP, this location will therefore be approved for placement of beer and wine off sale alcohol license by any owner as the approval of the CUP runs with the land. Again, there Is already a corner "liquor store," directly across the street. This area does not need a second alcohol store on that corner. National City has enough liquor and beer and wine stores and specifically this Census Tract is already oversaturated. Therefore, any of those stores would serve any segment of potential clientele who is looking to purchase beer or wine. 3. Whether the business will be located within a 600-foot radius of Incompatible faculties, such as public and private schools, day care centers, churches, park, homeless shelter, and alcohol rehabilitation centers, and facilities designed and operated to serve minors? Although not within 600 feet, El Toyon Elementary School/Recreation Center is located at 2005 E, 4th Street, This 1s approximately 800 feet away from the proposed location. Additionally, there is a church located at 125 Palm Ave., National City and is located across the street from the proposed location. Therefore not one, but two incompatible facilities exist in the immediate vicinity, 182 of 355 5, Over saturation by double for Off -sale establishments; 6. ABC states- Area 1s considered "'High Crime Rate,' The census tract is "Over Concentrated;" 7, Crime rate for Beat 21— 413.896, nearly 4 times the rate of a "High Crime Rate" defined by ABC. (See Attached National City Police Department Alcohol Beverage Control Risk Assessment) Giving this location a license to sell more alcohol where a risk assessment was performed and the police department concluded that there is additional risk of more crimes, including assaults, robberies, and other alcohol -related occurrences, is akin to playing Russian roulette. Crime is sure to increase as a result of an additional alcohol license being issued. 6. Whether the issuance of the license will promote the goals and policies of the Clty's General Plan, any applicable specific plan, or any similar policies that have been adopted by the City Council? No. This location is redeveloping towards increased residential with affordable housing. Adding an additional store where alcohol can be purchased would not promote that goal. There are already numerous locations to purchase alcohol within feet of the proposed location. Again, There are schools, parks, churches, and also residences, ali within feet of this proposed location. 7. Whether the application is for a premises where a previous license has been revoked within the previous one-year period? No. 8. Whether the applicant has been convicted of any felony? Unknown. 183 of 355 9. Whether the premises are located within 100 feet of residentially zoned property. If a parking lot exists for the benefit of patrons then the 100 feet begins at the perimeter of the parking lot? Yes. There are numerous residences throughout the area and even across the street facing the stare. These residences already face one liquor store across the street and numerous stores and gas stations that sell alcohol in the area. They deal with the hassle of drunk and disorderly individuals, traffic, noise complaints, loiterers, etc. These houses are within feet of both a liquor store and the Applicant's store. Further, there is a petition being circulated among the residents In opposition of this application to allow for the sale of beer and wine. 10, Whether any other Information supplied by the applicant, or other competent evidence shows that the "public convenience or necessity" will be served by Issuance of the license. When consideration is given in deterrnlning "public convenience or necessity," any one of the foregoing guidelines may be sufficient grounds for denial. Each application shall be Judged on an Individual basis and any one criteria or combination of criteria may be waived as the result of imposed conditions? There will be no public convenience or necessity that will be rnet by allowing a Type 20 licensed location to exist at this location. It will be in direct opposition of public health, safety, and welfare. The vast majority of local residents, schools, and nearby churches are against an additional alcohol related business at this proposed location. Allowing this location to operate as a Type 20 location will more than likely add to the already oversaturation of This census tract. If you approve this CUP, the oversaturation rate will increase from 2 license allowed and 4 existing to 5 existing. This license can also be moved to any approved location In the census tract in the future and If you approve this CUP it will runs with the land. This proposed location is simply wrong. It is too close to schools, residences, churches, and other alcohol related stores. The attached pictures will show just how close the proposed location is to houses, schools, and a church. 184 of 355 Again, the Applicant is in the process of selling this store. They are marketing it as a store with potential. Specifically, they are marketing all products and services normally sold by liquor or beer and wine stores. The advertisement, which Is attached, speaks of great opportunities if you add a beer and wine license, In addition to cigarettes and check cashing. This location is destined to become yet another outlet to purchase alcohol. There are too many children and residences in the area, crime is already substantial and considered a high crime area by the Police Department, there are schools in the area, a park in the area, an oversaturation of alcohol licenses in the area (2 existing, 4 allowed, and does not include the 3 on -sale premise locations in the census tract), and that does not include the liquor store directly across the street from the proposed corner because it borders an adjacent census tract. ape- j a6*r. Z4/44-te-- 185 of 355 rats orN Ms at tl ttivt14441itlgD, bet, but .CerectiotIeTo Property: : S1tcydri• iftebtua auras Nora: �. ng: : Offtilerket 0M i 2111203* 011111110 ktenti 00hilikn l MOON Zbibb POW, *tee Ofiet 0t IleittTheedingiOyeeis fi aie "awl* Crereer Pkieeroti ;014)41caoR MIS $;. AMO% 1401114th Street mop otkitosysiiimsue Ot With* *aim: swam Stmrt Sato: Kb Last Prwa: $ UO* • 91.41011t191a: !Oki Prtoet• 1ht Arai .' - :;.16,(24. 11 PROMO Wet */ tf ION % if 00 $ 4 0* PRIOU :Vs 4$' MAMA- 114a8 Nate Marne _ gemig plydpos *MS 1000 blimp, Omsk eilweitiaiker P ►' thy buyer hind l�araOw o zs 1Y ae if i �r anal winch a.+,.. "MLA* ant �`or�re��R a�t�lb�sr lqQ �� 4a N pw►Rae! 14 nab 4 irraftrif Stay be nrobttn Im MI% thin right u 4''61 sruJYf : 186 of 355 This Retail property isSa$s. • 1605 E. 4th street tem,,,,ackt, 419% 2.400SC mem Po So tail Property For 54:rle 3111144.4rh" stea, .LA st• 9t4scriolitin bwritrai4447,0476101.1 ual Usstio~:sa• • :1114 asori• VP.. • , rt tqfir's' IA44 444s4SIGNaCialti ROMS . WOO othiv. teer4t1 foquoivg 4°,3'4 ..4441010.41L, V. 4.. OA 1441 3•3144irt Mr 4)3 abloom% vAll '4101-sis* eai.A A 4Aignxiiktik ,0114.4 $90,000 Peslaargetklas 14s1,14.400.34 4,s-aaalstas4Va isassa 3.14, Catainisaisal 4 • , - ./.4•1 r -! • ,• 4so Research thlr•ir1.:A • f•to frt, 1*, f i• • • -P•1•14.4q1 vr 1"1.1.E104 so• ass Aka ler 414 &Nevi 187 of 355 1605 Eslh St lncbrrellrretrhent er« r. ' Hide title form of 7 ra,aRiot ,say+`ew Trt, hem% at Us* S.Priwel p mJ Save I Share National City. CA 91950 Income/Investment 190+ Days on'frulia e Edit Home Facts 100+ Rentals in this Area; Searcft Nearby Rentals Check Your Equifax Credit Score For ti For 7 Days! Property retells for 1605 E 4th St ISO+ Ways do Truile a .hews _r!tilA{`ii aAk bu ht...� 1ch SA; iaT ed Aim At i':ii.0r.rn�. Description taro Ided by MOM 1.50E E 4th St T114 incogta/Investinetri Is located et 1606 East 4ti+Street, National City. CA. 1605 E Mil St is in the 91950 ZIP cede In National City, CA. The oversee Hating price for 211; code 91950 is $340.569, Find out more. Contact a local agent Peer Nevis Planet ! ErerN I am Interested In MOS E eta St. Net { t;Sty,CA 91960. Get More We yraarrdrre rsaaerarm Train's Tetrad Uva Pe rely. Q See your commute times 188 of 355 • NATIONAL CITY POLICE DEPARTMENT ALCOHOL BEVERAGE CONTROL RISK ASSESSMENT DATE: 12/03/15 BUSINESS NAME: Gama Produce ADDRESS: 1905 East 4th Street, National City, CA 91950 OWNBRNAIA:; Carlos & Susan Maze DOB; Not Disclosed OWNER ADDRESS: 1805 East 4th Stneet, National City, CA 91950 (ndd man an pogo 2) 1. Type of Businels O Restaurant (I pt) hilarket (2 pts) Bar/Night Club (3 pts) 11. Hours of Option ❑ Daytime hours (1 pt) 0 Close by l Opm (2 pts) l)3 Close after I Oprn (3 pts) M. Entertainment Music (I pt) © Live Music (2 pts) ❑ Dancing/Live Music (3 pts) IV. Crime Rate 0 Lc (1 pt) 0 Medium (2 pts) High,C3 lam) V. Alcohol %fsinesses vcr Census Tract 13 Below (1 pt) Average (7 pts) 16 Above (3 pts) Rcv sod: S ii1 i Notes: Came Rate - over 120% (413,8%) Census Tract - 220 Allowed Type 20 - (Off -sale, Beer& Wine) Currently allowed On -sale - 5/Currently have - 3 Currently allowed Off-eale- 21 Currently have - 4 Over saturation t el 189 of 355 National C ty ?oli artment • ABC Risk Assessment VI. Calls for Service at Location (.for isrevious 6 months) 0 Below (1 pt) {g Average (2 pts) 0 Above (3 pts) VII. Proximity Assessment (1/4 mile radius of Location) 0 Mostly commercial businesses (t pt) 0 Some businesses, some residential (2 pts) 0 Mostly residential (3 pts) Vila. Owner(s) records check 0 No criminal incidents (0 pts) ❑ Minor criminal incidents (2 pts) Ci Multiplc/Major criminal incidents (3 pts) Low Risk (12pts or less) Medium Risk (13--18pts) High Risk (0 9 24pts) Total Points 15 OWNBRNAME, Carlos Maza DOB: Not Disclosed OWNER ADDRESS: 1605 East 4th Street, National City, CA 91950 O NBR NAME: Susana Maza DOB: Not Disclosed OWNER ADDRESS: 1605 East 4th Street, National City, CA 91950 Recommendation: - NCPD does not have a proactive enforcement unit for ABC outlets. - Within 100' of residences, El Toyon school and park near -by. - (5) on -sale and (2) Off sale licenses are allowed in the census tract - Census tract 220 currently has (3) On -sale and (4) Off -Sale. - Over saturation by double for Off -Sale establishments. - ABC states = Area Is considered "High Crime Rate," The census tract is "Over Concentrated." - Crime Rate for Beat 21 - 413.8%, nearly 4 times the rate of a "High Crime Rate" defined by ABC Completed by: Graham Young, Lt. 2of2 Badge ID; 365 190 of 355 Googleoarth mett. 200 80 191 of 355 We, the undersigned, are, residence } or work in National City, Califonia. We have been made aware that Gar= Produce and 1 or a representative have applied far a Type 2R (Beer and -Wine License) at 1605 E. 4th Street, National City, CA 91950. We feel that the add'itior of an alcoholic beverage outlet at this location will be detriment/al to the lac safety, Health and welfare of our children and this corrxmunity. I am over the age of 18 and. I _ MMILMLa of tWs license application / Conditional Use Permit ---- ` DATE / ...5`b 2.. NAME _ ADDS y ELEP'1�O1E OPTIONAL - 6 Tv v-491,,tie.r.. aNiAlliiN NA Art 'ridgijiX#1 , 4 (' O b : t .4 g-- ik..b/ 4,1101.t.---L-maa ( c5) c9f4- -2/ f, /7 . 5- - fig 4- 1 1ss1.419 l „i , if 11'4 Z.4..fKi if � 'r- _ f y rag.__ 2�-.< � —,--LLLfy+y+ 4 .F IE *_ 4"'t 7 ! �r _ Ili Wid R V T \f f I VPItii MI_ f (fRr^-• /// �_ I"7 i!V SY •'�{ r. _' t # -l�th Ish.,1i- ci i a��z) f/ � ysyFy +� �y� f� w ' i y•:,; .ipb.,2,-izi-.4, "log ill Age. •eta`64,` ' . - at - :, ' v Total. this page — 7 1 Peso of 192 of 355 We, the d gad, are residence end / or work in National City, Califon. We have been mado aware that Gams Produce and / or a reinsentative have applied for a Type 20 (Beer and Mu, Litre) at 1605 E. 4* Ste, Nationig City, CA 91950. We feel that The addition of an alcoholic beverage outlet at this Imam t wit be dean:read to the public safety, Health and welfare of our children and thccutsourity. bun over Ow age of 18 and 1smo. NOT IIN SUPPORT oft is license lion / Coudidonei Use Permit NAME. Tt444kiim4 T%emA4_0).2jri Tort this page w. ADDRESS 424i p,., 4) TEIS PIf#O DATE (OPTYOOALI. 1 7409 � : 0)7 epit 0,75.-0 off Iva -2,94,.E a '. 2" • LiL ftitiSO t • 7 - a2.4 7. rl ACStrittr L srr e'.3 '- t vim. 4,4" N4e AP 4'7 Afc gyps?, ow- - -305.41t .P _. of 193 of 355 We, the mod„ are residence and I purr work in National City, California. We have been made aware that Gam Produce and ! of a rive have applied for a type 20 (Bees and. Wine License) at 1605 E. 40 Street, Noticing Cam, CA 91950. We feel that 1110 ad on of an alcoholic bev gage outlet at this location will be detrimental to the public suety, Health and welfare of our children and this community. I arm over the age of la and L am NOT IN SUPPORT of this terse application / Conditional Use Permit. Total this paw = Part of 194 of 355 We, the uderatgoed, are revidencc amid f or work in National City, California. We have been awda mom that Goma Ptoduae and foe a rapes have applied Ear a rgre 20 Meer and Wine Vic) at 1605 E. 4th Street, Nadonal aty, CA 91 P50. We Rol that the addition v tea alcoholic bed t this Imationvidt be detrimental go the public safety, 1;leakh and of aarchildreand n t#£s community. I am over the ego of 1 a end I atre lam' IN ART a&tbde &am opplicatien f Conditional Lie remit : 1 it 4.1 I hterT Amoy 3 Co thiiitE__9&b___ .411.4.4".4p Total this . ADBRICEIS DATE (OPTION) ►,(rc) Ciefa4c> 7101 ` 0 4(0Jam c RA Ave/Y• mso (/7 247v s;is -2' le*i 4 #14' flaw" ,{.#.. + 9ce - 7-3 • 42/0 6 0 ' + N ,c,. )?ft) ,9) 7-'7V ntir Page of 195 of 355 We. the teed, are residence said 1 or work in National City, California. We have been made aware that Goma Proms and / or a reptem have applied for a Type 20 (Beer and Tina License) at 1605 E. 4411' Street, tonal City, CA 91950. We t -the addition can ale aholle beverage outlet a<t tbaa 1ocatibn be detrimental to the public safety, Heaith and welfave of co r children mad this commucity. I au gar the age of 18 and 1 am NOT IN ¶ JFPt RT ott da tie application / C011citional UarP it .a 4 qa.cx aa'tip{ 1 ` 1 ' IIgII04'0 a-- - ADOCIA Il' x ,�i4�� j ►7�r 1V r `vOtouip 41 /.i '. o y�l S' 2 A4rkr1- /We- PC q 1491.c4% 7,3/-39Y1 PrAilLgolPfQ77"- fie, /43 rid) ,.r- ..`' • 1 • Page of zsOri fz 196 of 355 SSE.o L6 G '9 e, ttto undersigned, are residence and tor mit it National City, California. We have been made same that Gam Proxlvco and t` or a repragentzitive have applied for a Type 20 (Beer cad Wine Lice) at 1605 E. 416 Street, National Cfty, CA 91950. We feetthat the addldon aO an alcoholic beveroo outlet at this icceiica will be detrimental to the public shy, Health and vilie of our children and chic community. II am over the op of 18 and I am IN swan of this license application / Conditional Use remit Total Ms pase'd - �• Ana' ' Q410'2777 I 1_ f 2v T�v 1 , c, `tie,5vai 4f 0 00, /006 e., '314 Sr"‘ A C , 9'9�`/ 917v: 9/ F. 54,ni / )C7) ecC 7s^S— ; .i 2 We, the wed, are residence and / or work in National City, Cali a. Ws have been made aware that Gave. Produce and / or a remove have applied for a Type 20 (Beer and Wine Lim) at 1605 E. 4th Street, National City, CA 91950. We feel that the addition of. an. alcoholic leverage outlet at this location will be denimental to the pahlie ss y, Reath and welt of oar children and this meaty. I am over the age of 18 end1 am rim ettiltngig of tlb lip application 1 Conettional Use Permit. e hdpv civo Shaul 1s4 z 4 iftvoi 1 S 0,0A-- .Aaq(4 (649PTh 24 06-.597 -/...` Me- NAT. clietso. -a•'1•51 ) ati - � r t7 .. .0 lq_Y - , Afrid<7 QVe _ t . SIC rt r ./6051 E I/4 r Total to p__.-- C't. •4 Page of 198 of 355 Way, the undrasigred, are midence and f or work ,i Nat onal City, Calitbrala. We have been made mew that Goma Produce and P or m representativehave sapplied for a I'm 20 Meer and Vim License) at 160.5 R 4a , t., National City, CA 91950. We feel that the todditioia cf an 31011121W bc" vragc watt at this � will be detrimental to the public =My, Health and weblire attamr cilia= and th js conttianity. I am over tbe age of 18 and 1 as NOT SUPPOILT o(thia 11caie application I Condhlonal Use Essei1t NAME ADDRESS TEL12110Ift DATE _ (OPTIONAL) ?t P cffriti4 OA '-.. = — -' i'(.1 . -FP.L A-1(r Nc, ' '7s fie, • 0 ,Z,-3. ,3 —7,11 -" Ferry•fif�r , may- r4.-644P- , .r J 1., u if f 64. J r - 7 'J clpi. 2.1 [ rtowr - Gam 1U-k 1t S f c "91 IFS - CA. ' RS* r r . .ii._4 -ii-e •. ..if aft_i ..._ .� _ %t -. * /S: ,'l. - . :1 -'r.r 4 *�---617. Z-f4 eat' '_1 1,r1+ .ems ffklifht E511t 4 15 E 2,4 s!. NOTAIMAL A iT' (4 fi Iro e U I- 2‘ 7 15,11 i 1 4 0%41- Mere r 1.SCA. & 1 3L1 e • 9-tt91-. WC 'NI cit_110 . te ifq g .4:4 ttio '6514 FaPic4421.0(6.01e) 1050 149 31*-38‘ '1 this Page Page of 199 of 355 We, the undersigned, are residence and 1 or work is National City, California We have been made aware that Gana Produce and f or a reptesentative have applied for a Type 20 (Bow and Wine license) at 1605 E. 4th Street, National City, CA 91950. We feel that the addition of an alcoholic beveeage outlet at this, location will be detrimental to the public safety, Health and welfare of our children and tea canmity. I am over the age of 18 and I ant NOT 11S_MIP,PORT of this lime appli as / Conditional Use P 36•71v6.6t, _ Lay) ka., a eutub gsg-shi-d(ena sia7k, CI 5 IOVe Q I''259412g4W zeit( o Z1:2ssc- cil fg3 05~6 943 Ph 7 C' lorry VC- N 4 rO t c7 -- z v4 Total this page's Page of 200 of 355 We, the wig, age resides and 1 or work in Menai City, Celia. We have been made aware that GEM Produce and 1 or avepreseatative haws applied fr a Type 2..0 burr and Wine License) at 1605 13. 4th Street, National City, CA 91950. We fed that the Sri of fa alcoholic beverage outer at this location will be detthnenta1 to the public safety, 1{ a1th and wane of ou r children and this community. I ;eau overtimes* rah 15 and I atn MT IN SUPPORT t `this license applicador 1 Conalonal Use Nora NAM a e) ADDRESS 133 c TELEVEIONT BATE (iTION ) (O g ('449);ll -SUS 3 _ t ,oa ,_ ePtli 463-7 (349741.A05,_ fr,›JA' r-T-5D IA It two rits,, :vie Areta-- -e-33-..,_ , rill Z. Alit # e_ iiiri Jo • City -- co 7q .. 01 4T i 5-1-. 1.3 . 4 is, _VAt9:62dg:s% Vpc4i 4 1 f‘' fa.61,-% lave_ f # ,,. , ,, i 2 4ilic O ? -ase a o /v/yam 4 f f,' ; - : , = �� %..- 6:4 cr-14. + '' / ''.1--",:0 tea+' .... Jj %Et- 1 E.‘“4. ar-15G1 Topkcitt) fivitfigAL Total Sus pe - ` 3 . (Pkux, •c 'TM 11) 1v4i aeonm4 , Gm l5 P 201 of 355 We, the undersigned, are residence and f or wotk in National City, Catifornia. We have been made aware that Ci ama Prndnce and or a representative haw applied for a Type 20 (Beer and Wins License) at 1605 B. 4th Street, National City, CA 91950. We feel that the Eiddition of an alcoholic beverage omelet at this lwill be detrimentid le the public sty, Health and welfare of our children and this community. I am over the age of 1$ and I am NOT1P4 ART °tibia License � l Concitional Use Ponait. lipitfp,11614) • 'fetal this page 3. ADDS siot Pkr--- 41c- Y tom? TELEPHONE DATE OPTEONAL) 03/De/2413 502 . tArvenue,Nc cti9 SC, 7t3. Z ffir_316/1 2 S . T �u�rnst itk',, 919,ro_ (0g)7l7- 9992 3/G1,_ ?age of it 202 of 355 HANDOUT Item no. 4 May 2, 2016 Public Correspondence received in opposition to Game Produce CUP application. • Letter and petition from National City Apostolic Assemble of the Faith in Jesus Christ church (54 signatures) • 11 letters of opposition from community members • Petition in opposition (partial version attached to staff report) —166 signatures 203 of 355 National CityApostolic Assembly the Faith in Chesusrist ir .� y . of ,T 125 Pa1rnAvenue National City, CA91950 Office: (619) 474 5643 ( , Senior Pastor: Misael Zaragoza I am humbled to stand before the distinguished members of The National City Planning Commission, community- leaders and fellow citizens. As a representative of my local church congregation: Christian Center of National City, I speak on behalf of our membership, ministerial body and council of pastors. Since 1962, our church has been a productive member of this beautiful National City community. Through the years as National City has grown, we too have grown. Presently our congregation is over 600 members strong; many of whom are filled with a deep passion to see positive change occur within their community. The health and well- being of our community is important to us. As a congregation we have united together to oppose the Conditional Use Permit for Beer and Wine Sales at Gama Produce. We contest that or community is already struggling heavily with substance and alcohol abuse; the inclusion of an additional alcohol distribution location will only exasperate an already delicate situation. Since October 2015, there bas been over 145 alcohol related crimes all within a one -mile radius of our local congregation at 125 Palm Avenue, National City, CA. Our Church property and Senior Center apartments are both one -minute -walks from two businesses that distribute alcohol: Alotta's Cocktails and Ranch House Liquor. Both occupy comers on the East 4th Street/Palm Avenue intersection. If Gama Produce is allowed its license, we would have 3 of the 4 corners on the East 4th Street/Palm Avenue intersection distributing alcohol. As citizens who love National City, we are concerned with the prospect of having our civic leaders permit an additional alcohol permit in an area that is less than one mile from two elementary schools (El Toyon Elementary and Rancho de la Nacion Elementary), one public park, a public hospital, as well as being less than one minute away from the Interstate 805 onramp. are b wilt upon the foung,atjau of the apostles and prophets,,reva C,j, •;'stHimse f being the chief corner stone" EPIIESSfANS 2:20 204 of 355 In response to the heavy sale of alcohol, members of our church as well as residents from our church Senior Center have been discouraged from patronizing businesses on the East 4th Street/Palm Avenue intersection. We now provide nutritious snacks and beverages —at no cost — to our children to ensure that they do not patronize any establishment that participates in the deterioration of our community. Although this comes at a financial costs to our church, we feel that it is a small cost when compared to the long term benefits of an alcohol free community. In 2003 we were proud to establish Integrity Charter School on our local church property as a means to provide quality education for the underserved in National City. It was the first charter school approved in National City, California. Unfortunately due to the close proximity to alcohol distribution as well as the higher crime -rates associated with alcohol use, it was deemed necessary to move to National City Boulevard. It is discouraging for us to have to take such measures to protect our children from the heavy distribution of alcohol so close to our place of worship. When we heard the possibility of another alcohol license was being considered our congregation was moved to act. We are absolutely opposed to the Conditional Use Permit and hope that you make an honest effort to consider our concerns_ As a testament of our disapproval, we respectfully submit a petition singed by our membership in opposition to the proposed alcohol permit. The Christian Center of National City is proud to support our community. Thank -you for giving us this opportunity to voice our concerns. • 205 of 355 We, the undersigned, are residence and J or work in National City, California. We have been made aware that Gama. Produce and / or a representative have applied for a Type 20 (Beer and Wine License) at 1605 E. 4th Street, National City, CA 91950. We feel that the addition of analcoholic beverage outlet at this location will be detrimental to the public safety, Health and welfare of our children and this community. I am over the age of 18 and 1 am NOT IN SUPPORT of this license application / Conditional Use Permit. NAME ADDRESS TELEPHONE DATE LPTIONAL) reliy 04fLLJ/ :// % AljPit' flipL74 , 67/f5d L/Z5t//ofl6 6,10.0...-e, .- /2. ,WZg /e"G if v sz i le if 0.,-/-- d .Avze live_ av c. ?VT O /C 7.,,,,,c_. eett, b ‘ fZ,..- e,zt.• e • riff `, '0//4 {- jo r to ?-0-2, -r4IFIA Z L/ e. (. i `?,.j -1 -:- I L Jd Y !- - \ , • 7IF eriii cart.-F / F 5o . c_. _/ j" f } e (1221.1 (p14, 39 apfh k 61u2._ ea A) o r Y .* -4 nzrosa, 14 Nixtl.01411f‘ of i ji. Jg-__C-_t -5k- 6-74441 ' 19 Pa 60,02_ %4F-S--- 71Cai 0-0-1 9 t9S--O ,4 .,, i 3D& VO f r / 4 O A .19,5s: 0 Ai * Jib ({ • + '`"W 'e- juy, ! L t it ‹ 13 A c a - a 4 _I ,:i 30& PrktAivi kV...4., NL, ce,_ q t, 1---c/ -am? Total this page = Pageof 206 of 355 Total this page = We, the undersigned, are residence and ! or work in National City, California. We have been made aware that Gama Produce and / or a representative have applied for a Type 20 (Beer and Wine License) at 1605 E. 4th Street, National City, CA 91950. We feel that the addition of an alcoholic beverage outlet at this location will be detrimental to the public safety, Health and welfare of our children and this community. I am over the age of 18 and 1 am NOT IN SUPPORT of this license application / Conditional Use Permit. NAME 46. o ci re26.) CL6c,- 1V-• cX3rvoe 1- C .277-/adtee:a! -3L ADDRESS e. lufr. c C'e7 TELEPHONE (OPTIONAL DATE £ / Of- 15C PAAA..... W-ct it) b . 10, Qecd - 3' pa.1 s-77 — ,ter DL.. f Cf N - C.o ��v � �(,,v,e )// Page one/ C 5- t-A L 207 of 355 We, the undersigned, are residence and J or work in National City, California. We have been made aware that Gama Produce and / or a representative have applied for a Type 20 (Beer and Wine License) at 1605 E. 4th Street, National City, CA 91950. We feel that the addition of an alcoholic beverage outlet at this location will be detrimental to the public safety, Health and welfare of our children and this community. I am over the age of 18 and I am NOT IN SUPPORT of this license application / Conditional Use Permit. NAME ADDRESS TELEPHONE DATE OPTIONAL i DOretle D ' ' tit `C sb i-kia ser) lie va- kap o 'la 1 8 - 0 4 g 1 i fi e, areme, a S RAY 5 D I9 U r i 60 ,. Cl. %/ (' ourvik ui 0 rn ( - 0 1-1 t 0 --tr= 6k 1Y� 1va a, � i s_0)-149 --gcL / 2.7 0 0 , , 7/„,4 L /77 (?/ 9/7S t , / ' _ V 1 •. aki [ ,5 /4 ' J >-1 :L L/f c, / l f +..ram 5-4 6 y - r-elkc,P--0.- iv , / i. _ .id "C ri Cana CA —9 / 9, iV.0 49 ca-x`TD— f %),••• ^ '52—vxrls'1- D, 1. 6 o.- cl 7ot iVa+torat 0.,i+y- eviud -ilia-Nonni aity 09 giqs-z3-1 -g“, cn4 pi;,*-1 c, 4_ 0110-- 0 rol.‘u -K79,1 Z3o 6' Lii ou, t\lci-k-kRima i C1-1-., C A- cf 10[,-0 Vop, 1 -_L e_.2 04- i i 01&77-t-j-e, / iz„, /7 A or / 6 4, (?)/ a f / Total this page = 208 of 355 We, the undersigned, are residence and / or work in National City, California. We have been made aware that Crania Produce and / or a representative have applied for a Type 20 (Beer and Wine License) at 1605 E. 411' Street, National City, CA 91950. We feel that the addition of an alcoholic beverage outlet at this location will be detrimental to the public safety, Health and welfare of our children and this community. I atn over the age of 18 and I am NOT IN SUPPORT of this license application / Conditional Use Permit. NAME 1 AaAd eit.t4u il Wffihkr Aiff fae( C0/97L-refets Total this page ADDRESS TELEPHONE DATE (OPTIONAL) 16 � �} / CI kliDVICA C CAI co /c)i /I Pciaiv„ k)- e Q!cv j 11 *2 T - - ql9t5o 5/ ,14 ,p)�rI -��J1 6 3062 -fie -6s'-1-4-4t 1lrit1 IW t ri 3 (567 Liv\ r i t -11-0//26 / (rt -C Cam. 9( sZ) -4 y. f/ / _204).,..- ,Q ' < 4 C2& Pall4LIL. s /1'koncif ci;Ly qms0 _ / /Cr 3 66 Pa-im_ (14: Page _ `f of 209 of 355 We, the undersigned, are residence and ,1 or work in National City, California. We have been made aware that Gama Produce and J or a representative have applied for a Type 20 (Beer and Wine License) at 1605 E. 4th Street, National City, CA 91950. We feel that the addition of an alcoholic beverage outlet at this location will be detrimental to the public safety, Health and welfare of our children and this community. I am over the age of 18 and I am NOT IN SUPPORT of this license application ! Conditional Use Permit. ANT slLakr7 19re -451 TELEPHONE DATE OPTIONAL) 5/ / I Z.e tc Total this page Page,..5 of J 210 of 355 cpitokt-- N4Y�t1+�%:c:G 61(rtom-ctiA4 upv2-4 Arc 60i rat,_, 'yr;i4kee,c, koifiuxAyt, Lek. 6:rtsk, Atm-- dit3 sae..whr r�,1S t'1^°'v``� etre-tj 211 of 355 q,v775e obtiv e 352- T/h 1$4 J/e /e/If icA/ city 4347/0/6 Vev e ).41 NI 1944,064//7er / OPP '9 45' goal WA'( /A,12 (-6 tvectice be-0%-c /1 kvi // 11#fre c greet lyir c bye' q i qd AcNre vciek cr-/t4iit 04e efreci /04 ,e,ref je<", QA/Z fogoit-<_ ,cpeyt- t.‘5 f 212 of 355 /75 5- r—ij —5 Pe 4/1/ if7eXi A 4. CI r`r-: 17 e fi //. Adlitilk,i) WIN tr)-77. opip6S.f.- 77-k t e'esw e0& miez. Pro 614/e re,d dy si NC-- 2- ce,x, se_ /9""roae Ala ( ve et) .4 11/ talt /1 ir y t'v re 213 of 355 • 0,c Let ytel 9tAf jr - National CI: CA .cliza Nat CAly P141111111 a Mal itre 14ftiv- Pktmi Conitriliff offels, tite her atifl Vine Lux vise Gqrrok PrtiAl4ce loecau4s vnae 14e OfeCi tAtt (Set€' tDr k;::kyeair leave +Dv ottotwit come utt, Ik arm. Ve yv4 • 1,e6y1 04, tdo ivie 5-6 re,s let) 214 of 355 • 2 otv /- Avz. /1/43777-0-11-1 ny °PAe 4)e-e.,- a u,,1e_ 1Ve frev-c42, av-e a .:;647P/7,s...4 in 1.4 er-4. G-"'i"). 977 frif /);/V aezd, 41.e don o-T- 215 of 355 i • c/("- G+.or3174.3. itha. ihr.if2 C) WE tiKtOtY1WC 4 5' Icy-F ,,&_ riti 90141 216 of 355 • •. 'Et .r '2c7 s ., �, 2.6 Ci* Sri" - ` - f - tO "k.0 ' .,zav- /Ali ,:5 217 of 355 -.4971=1.16 rdtTp ?aokea.t.4 #014 oft •70,41 2,2-449 1.fi- •(1! ,V1,21117 4001011 isP144Qf --).-nejoy itotrk,v• a" 11 ")0014 etiO -44.1 ve20-64414, 4-0 9,91,714) •V"; IMO ti weld -Mid 1,4910,4101 70--V 14-2-t-1 ht./ W Ltifv-frO • 218 of 355 • • LAIIIA 4 4. 1.41 t%t IsVt ‹e4. k k*A. II 41% I SAA#1,11, a tt, 0-:,-$(4i r(i lk 1 ttAtit: 1, t .:.1/4\ V.t.‘kul i t )iel,:ke. 4 rt- Nvt, c, t i k k II tqlvt" \ ...; 1 Z Ai' I ( 1 i (1. I is t t t .`t \ \ Li"telitt.t.x. Ivt, it,4 i t \it Lvat'S OCky ttt C k 219 of 355 j1-6\1 ttN- 0,J4 s 1-4 sOT Avc- c -ry atk crt oPLitwNitljG C 4EN r'd TT E6 e 2eE e EcA +• tAirs.,3e le-xtElose rce.- &Am"- pax)Duct4s. 1" ec lose (.-e Lk) -11--C Aft-elot spt FE OE Lae- At) y H vE 1-0 D1/4-1 Cie-fE 'THE A D 0 su T (LE 13 14, 4,11- (Ai -WC 220 of 355 • • /3- klitt6 ..." h 23 ?oe iltiltby j...5 .254A.3z, 71: N: 0 e . iiksie Am- 6114474. ,a -- rel 654 tarif• aid -rir 47.14 4s- 54-taft,.Eno bRI' iolo _.efP 61e, 00901 j7., al4'- -atilia-i4 _ .or , Y nd Af,pito, a sAuleciV4 e _eht; Oaf P rav 15 401/451-- RPottzi ail oh Cafe_ cz__ ftCyti Y4 Ilds- Yite- 4W24.- -ck4eer.fi244 J-.16Pt- need aw4nerse- beil sit -j. 'lige cu.c -Qcov.AtuA4i cut_ Koh 04 toe/ -ict Sir beeffili AP *iv trigi /On , hoer 424 _soil 5;lete - erifrif:\ ot S1oe. bet 4ed4_. mmic .atel _ ce id Pi_earAPegui,; /w .414 Cotd..listweed- 4,1,...44,...4.. Ail IA -42Ie 114,54W4 414 0.1000 aaesrieviii egt YAr& fei 401)04004 tie IPA Maife- at; ArAVi, Ve Agit —1-0 1 221 of 355 We, the Undersigned, are residence and / or k in National City, California. We love b made aware that Via: Produce and / or a repreeentat)ve haveapplied for a Type 20 (Beer and Wine License) at 1 E. 46 Street, National Cry, C . MI9 0 We feel that the t+�dd tvtt of an alcoholic beverage outlet at this lOcatio + 11 be detrimental to the public. safety, Health atxt welfare of our childrren and this u ity,1' am overthe age of it and t ant NOT IN SU1P9R? of t s &ease appl c atson / Conditional Use wit. HAW A - .- TELEPHONE DATE (DNA} ? 16/49 v,.0._..4K kitX & _ .._. � ' '� f if-'. t om ..,'� Cow , "i 1-- _.. _. . _-- - . ri,r.12t. a - .`i . - . . _ e/$, .a' 1134:1 A iw 41 (NV 4t r _. # 2 / 5/ - t,/ r : , Arsolimil214111 Aid/ . -54D pvid V4.) (2,440 44,. „0, ' .t6q .t.n cir V5',5 6/9 47.,, Y / 5, fir" t. a , , . , , gt krejt 4 I 1 2 i, f id ofidd; ./70 fietfArtiffir Irdetc;MI f &ix cil 0 Zi ti.57 - - ,e ` pAeof S e +-fit .er$ • R (l t ell! �-- Cer9 , /?Sr v ni A S 4117:, ,L 0 g %AID pr liA, imitAii - (64)it,u. =57. E ,. C;I - .- c r1 71,44j¢ at- gt rro . in _,,, .. _ - .:3 ma;0, A er-e- ..&?0, At 45r / bi, .0-i-fp /1/;671;v0-/ 1/7-`,--- gip ,,,,A, -Ants- A - 46" TOT Ne*riV094, 072/, 64( ftWO ON g77..3.7/0 alitiic ors aiii IY rri- Total this page a" J J 222 of 355 o We, the u :sigated, are r f de nee atuii.J or work in National City*, California, Wq bava been made aware drat Oarna Produce tad / a representative We applied for rt Type 2A 03eet :end Wito License) at 1605 E. erStreet, Mortal City, 0.4k 91950: We fee4 that the addition of an akohotie beverage outlet at this location be detrimental to the public saw, nth and welfare o 'oUr chikit411.tad this con. I am over the of la and t am NOT IN 1UF.i ORT of this tieense application 1 mat.Use permit i ADDRESS TELEPHONE• DATE 4.61 PS tedittlt tow C 6 ter WA* 17 io icto e 1i t kto t C,t 4)1 04, *0, 9/800Pr, 1.4 Ist - ` ' ! .. a' 1 ' 6.r, 1r logitevt4 c.4 ti 6411175+5// 0f. p p� r i # h a Fe } 'y, Erb. 'il►et, �' 1 , L_Aerht wr 1,0t {2i7Ri g21.061t. PArtaloL WW.41 /17 4 L. ; k :iza. - 1(114- - - cis, - Cal`" C• 1- cipa` ..,. -, -, :, A • _-1014-'` /101 l / r !t) fi /4` did / ,, .4'" - Ste. +1hal,4-- Z89 s cam' ,x,, -' / X" -04/3, ,- - .' iWAAI , gait 49 VI A°S.Irktr .s z. intro ( i ? .3° - 9 fie iti Qfiktr ; ' _ . , VC Al A/C 474767, ((if - -TM P q p to Total: this page •vx. rage. of 223 of 355 that Produce and. / or Wc, the undersigned, are residence and 1 or work in National City, California. We have, been" CA Gana that Wine Li ense) at 1605 E. 4 S#r National City, e i:r a eve tic applied for s'fype 20 a<,ui.w�lf�ce dour £hiidreet end additioi3 of an alcoholic beverageoutlr� at this location will be detrimeU Al to puble y, i Permit 11* aFf ii applicatiOO/ conditi�l this sty. l �n o°ve�C the.e of 1$ and i� am ' OPTIONAL ei VIA Total this_ page Page ) of 150 ./` 5/ " / IMO ION 14 • 224 of 355 We, the undersigned, are residence and / or work: in -National City, Cl/Weenie. We have been .t de• aware that Cams P for & vW have a ied -&br a'Type 20 Meer and' Lteen�nt 1 0 ).5 E. -Street, National sty, CA 9 950:..We I that the acidifi9n of anslcoholic 'bevy Dude at tie location will be detrir labile safe% Health and wellitre of our end this commit!. I atu. over the age of la and I.am MAME= of this. license,a /Conditional Use Permit Forms 471 VA Tote/ this page a ttsts TELEPPLONg AIL) , 44.7 ittier4m.stA, Crifi9Yref:erg r SititoNe.'/ 1. Page tkATE 1 ?C-0 Imtis o I'll 3.79 62/1/8/g 't- Tipsy, L. /10 734-24 CZ' :rf p ei 1 CVO) ' 2 r'-q 7 +�' of 225 of 355 We, the todetsigned, are residence and 1 or vitt in Nalienal City, California, We have been mode aware that Glania PrOduce and or teprestive boo apptied for a Type 20 (Beernd Wine License) at 1605 E.4thStreet, National City, CA 91950. We feel tattle addition of an alcoholic bovoroge outlet at this location will be deuinteinat to the public safety, Health and welfare of our children and this community. I. ant over the age of 1.8 mail am Nor1NSijPPORT of this rtecaseapplicationiContritioni Lise Permit 14AME ADDRESS TELEPHONE DATE I -*kyr mer oht n. noC F, .546, Amicke4i Iftvs---M77,m42JM4 (14 .01 pe r"4 " • ad. Pt": 1,kt- or, 4,- Tit • 0. t C!:1141 it-rZ r 'foul: 04 giest f 6 )0/1419` 44throal 2.510 4/6- 427:15 Page r 1 4 3. / rc, ( /) c 7 3ZiPicAT We,the uttdereignod, art residue and l or wort in National City, California. We lam been e. that Gam Prixteco a /. Qt a: Mate have for a Type 20 (Deer wid Wine License) at. t605 ifit Street, National:OM CA 9190. We -PA that the addition of" alcoholic havaaige0Altiet at thiS 1ocat*on witl be detrinaental to the public six flealthand welfare of out ehildten end t fir, 1 am avert age orI8 an.I .ef this l ii f Conditkoal Uar Perna 'Room' q /4.4poilk, Total this Paila7 -1. >ca3l t( L.. �a el Ir TEarliONE DA'T I-149/ Al 444 4 14247 f N 5 7, 700 Leialee,2, oriztAonvorz cog ,742.se .-144 r to' Motto!] Ave- ? i 2-x%-toteelu, - Qflam. (4,p9j 76s.; c7sra Page _..i.. 227 of 355 i We, the residence and / or work in'i atiai'City, California. We bavebeen made a t Produce and / o a representative t applied for a Type 20 Wine License) at 1405 E. 4th Wit, Nailcity: tit.91950. We feel: that th addition of an alcoholic beverage (rude t at this location will be detrimental to the pfablie air nth and vielfnte of oar elide and,. this community. I am Ever the age of 11 end I am nor t PUITORT of this licenseapplication/ Conditional Use Permit. 228 of 355 Wo. the undersigned, are residence and OE, 73Nork Nigional City, California. We have been made aware that Gana Produce and or a representative have applied for a Type 20 (Beer and Wine License) at 1605 Et 4th Street, National City, CA 919.50. We feel that the addition of an alcoholic beverage outlet at this location will be detrimental to the public safety, Beath and welfare of our children and this cornintm1w. Lam over the age of 18 and 1 arn N,QT- IN SUPPORT of this litense applieatkrn Conditiohal 1:se Permit, NAME ' ADDRESS TarEPHONIE IDA TE . tornoriAL) : s, . t iz-rmf tifrteociA LI•!,1 FALI4 _ prve ( ptc, imii 4111111-&bilt .'..:itr 4. ,d1.4.r t.,..4ur,,- _.: . n7,-20 5 o is.477.if, cif:966 110 756 'IV' r _ ,./ 1 ,., ,.7 fI /1-1 ti4.4 -31 4- P C ciel, 7 7 9/"` "4 L 6.1.60., iitpb,I, _979,16 110AI-10140g_ call- --$Lutl ',.114:, 1-1. :0 qZ.,-- CA, 1 16i 50 6/4509319r 4,23 itecilieht Aeokt, i: , ti ''' 064 4., im 4ee 7'• Alq•Aallo ///y VOSIn ail itf.4, oon ifinovw co5rilt ,JQ4I'atos :-A/211f4 6 4 D „.u,, AJ HT id 0 , L__ A )7 11,4 i-P7:10 01,- 20 - MN rriC4-t-i.WA_ 1431 E.-1--tiN9t-, Ne, CA q I q,r0 Itiqq0.7 V* Ot. C.,.'r12442.4.- 1 Z0.5ionve-6e-e. Of r(aiVIL A / 411 4.1 04 St- rci-A r. ,A,c, , 4-qin ok,(,) 1- At C 405,,, t th . F 6 • 14 'go tlik, Erb? •-5;c),,o 57 ro SO 6 ( 7? f 0.7ii5,:s-' z- 217.:Z .z..,, e e--0 t , rwe ti?tL4,4&,,,,w s501 .M-Aa-a3avetirroY1 LI-I PIA 1 1 1.50 ll ) 5c7i - 2eA 4k,' *14 • Total this page Page_g_of- 229 of 355 We, the undersigned, are madame and int work in National City, :California. We have:latert Made Imre II* cvagke Produce and t er az representative haw applied -for a. Type 2,t) Meer and Wine License) at l 605 S 411Street,.Nalimud eltY. CA 9:19gC We feel thattite addition of art alcoholic beverage oulletat, this Ineafton will be detrimental te tbk public safety; Waltham" welfare efeur children and this 4Ortignallb-30 am over the age of IS andlata VOTIAINMati ofthis liceage aPPlicarierli CouOidouel Ptinntr. — VaLEPIIONE 'NAME Atinalss • D.Kft 014-ittiz 0 fo-2-707 tlAkfr‘hitlici. ktO Call)19it Attil lorfAtivi Ne--c-/A letr CVO /Oa -01412- livt4/4 Total thin page Page or_ • Wei the ur/deraired, are residtnee and for wo* 1oNati00211 City" CaliWIliki We have been made aware that Gatna Produce crul for a representative -have applied lor a Type20 (Deer anelVine License) at 1605 E. 411 Street, blational City. CA 91950, We forrl that *- addition of en okobolic beverage outlet at this location will be dekimental to the public safety, Heal) aria welfare ogoor cbthamt awl this unenwritY- am lover the op oil and ,jiliihtlierida of this license aptiloaticat Condoual *Use Perinit. NAM LecustVie, atATPlevi iititrnee-Atej " IbAii% 00;1) 1) A: mauls ruenrom ATE tornoN 3C1Vikf (..(ort.sm, seveg 3.144" / "MI* -4.evri` 74 chili • it cf L v't 2416 ealw,. Ave Nc, c)tciS-0 saki:044104o 0...r ft‘ -1--/‘ i Yor 6-...Diviv0/413 VC r/ fi- Ctel:77',-jeCz /' 47.„Vailts.24- 4era. 401/9,4,-6 „e .9#t) Adtc, 9/9serii aft) 1/c3 5- ,srct„ F4zreff.4 -4% ot"1.4 D‘P(..e(. 01: lq.9> itp I 9 - 53 ?. 4it?' 3-9 ef-ECI -1701kc,x0 ,Tho)r.L Tia.,7s6T vspil)109“4.:41 0175704,44i 4Aec,_ /a? Zw-pc-Rtz_coe, Gy ri9 lkiZ _66714/m4 s A/44 °I/Ve, GPI Its !Aizi Total this page Page 10 of 231 of 355 We, the undersigned, are resides and / or wart in National City California. We he :made otate that eima 1 i9e and f +Qr a represemative have rrpplied. for a Type 20 (Beet and Wine License) at 1+60E, 414.Street, National CitYi CA 919.50.. We fe er that the ad. don-ofan al lie:bon:1'4;e;outlet et this locatiOn IQ be clettiment4#o the publie safetyi Heat etma wave ofotrchildren anit this oorainuoity, T apt &et the age Of 10 anti ram Nicrtkuun. watc -this li apprzelitionl conaltiOnal NAME ,:4/1262._ Offmtrestk DRESS DATE OPTIONAL) /a J.24 . tas-.- . ff3Y—r‘4 3 Sortittuittc?4, /?_g Ct141.$0 (0161 .ri I .10 Total this page = J 2. - Pa// o 3/ 232 of 355 We, the utwitsign resider= and / nr 'k: in Nntionsi CAy: Calilbrnia. We lured been alado awam that CTariV Produce -and ! or a represemadve hava app1ed for a Type 20 W Menge) at 1605 & eSttteti N,t ! ' 3t� A.q91,9 : 411 -' Wit' rbe add ofan. 'o . c be _ i l be detr tagthe . safety,Health. d welfare our ii a lai this«r tyy,.I ant over the a,ge of r 8 and pan SaatUrnal ofthis .license application t Conditional Use ?'emit:. - —�—;, _ DATE 1DK4J OPTIONAL Total this = PagP.1 of z.67-1.51' .v.464 f *kw 712-44M, 44111. 4) 771-001,14-1111100 233 of 355 We/ :t the Uotleteigned, are residence and,/ or wed.; in • Wend Cam: Calirealla. We, have beenmode aware that Gana 11X04"6. 1. Qt reposeratwe have applied for a Type 20 (lam and: Wine ) at'Ka.6. 4111°' Streeta4" CA'919 0. We feel that the addit n of.an,aleabolig beverage et at this weation wxll bedetrjm to the public safety, Health and welfare ofchild and Use pia. this mmu mty� i s overthe of 18 and I am T k, 'T SUPPORT of this lice application / Conditional f 234 of 355 ae; the der4are raidc cif o i� 1+ tiil .City. C ct We l m0* u i s and t or eta time have forerne 2 aka aad Mae Licen$e) at 15O5 a. 4 ,. N ar 1 , CA' 91950, e.' 1 Or addles of ,j alc 1 iC w elfaie of t'hiX n ar i nib �`a�lec.� tale ia� �tt�l to the i s; �omarn u r�.�am over Pie op of t8 a a am lid VN 6CttF1pt1+RT ofthis mesa tplikedionf Contaiotid.Om Permit 'I. tiro .¢ of HANDOUT Item no. May 2, 2016 Public Correspondence received in support of Gama Produce CUP application. • Letter and petition from business owner (144 signatures) • Letter of support from Chamber of Commerce • Letter of Support from California National Guard 236 of 355 6G1 LAMA PRODUCE 1605 "E. 14" St. National City, CA 91950 Dear Planning Commission of National City, 619-477-2374 I would like to submit letter as a rebuttal to the statement of local store owner Robert Zakar, which was submitted in opposition of a Conditional Use Permit for Gama Produce. Within the opposition letter submitted to you, it states multiple times in regard to the CUP, "Current census tract is over saturated." (Ref #1) I would like to state that these CUP's were approved by the Planning Commission and seem to be the focus of his opposition. This leads me along with other statements in the opposition letter to believe this is not an outcry to for safety and security, nor the welfare of the local area, but a direct attempt to keep Ranch House Liquor sales up as allowing a CUP for Gama Produce could possibly be a threat to his sales of beer and wine. In addition the opposition letter states there are multiple schools, churches and other civic locations in the area that would be influenced by the granting of a CUP to Gama Produce. (Ref. #3) Ranch House Liquor is directly across the street from Gama Produce and provides a large selection of beer, wine, cigarettes and liquor. For the approximate twenty years Ranch House Liquor has been in business this has not come up as a local concern. Again this provides evidence, the concern is not for the local area but the threat of competitive sales. With any location that serves alcohol or other vices, there is the potential for crime. In the op -position letter it states, "Crime is sure to increase as a result of an additional alcohol license being issued." (Ref #3 subsection 7) Again Ranch House Liquor has sold more alcohol and vices than Gama Produce is proposing to sell. There is no factual evidence supporting a claim that a citizen buying a beer 100 feet away from an already vetted liquor store would suddenly increase the crime rate to a staggering proportion as to directly contribute to the degradation of society. Weather a citizen buys a beer or bottle of wine at Garna Produce or across the street at Ranch House Liquor would not increase the crime rate that is already existing. Within the letter there is multiple statements repeating the points there is an over saturation of liquor stores in the area and it is too close to schools and local civic areas. In addition the letter states the reason for denial should be due to the square footage and prior sales advertisements of Garna Produce. 1 can firmly state it is not my intention to sell the location as I have hope to pass the business onto my daughters after they graduate college. In addition it is not my intention to create a business around wine and beer but only to supplement the income to the stores sales and provide additional service to my customers. 1605 E 4th St. National City, CA 91950 1619-477-2374 I GamaProduce@outlook.com 237 of 355 The sales of beer and wine do not do anything but provide a possible loss of sales to Mr. Zakar at Ranch House Liquor which I.personally feel is the sole reason for the petition to deny the CUP. This directly contradicts the point of a free business society. To deny ones right to earn a living due to the fear of loss of revenue goes against everything small business owners fight for. In addition small business such as Gama Produce thrive on completion and customer loyalty. I have time and again proven I am an upstanding business owner with a morale background, through the choice not to sell tobacco products and good relationships I have with the surrounding area to include the National Guard who comprise a large bulk of my sales each month. For seventeen years I have owned and operated Gama Produce each day arriving on time and closing after the last customer without incident. I have supplied the local area with outstanding produce and meat as well as daily product needs. In today's economy is paramount for a small business owner to expand and grow allowing for better service to the community and its citizens. I am sorry Mr. Zakar and Ranch House Liquor feel I am attempting to take sales away from them, however that is not my intent in any fashion. It is solely to provide better service to my customers and allow my business to grow and make more revenue through a small wine and beer inventory addition, thereby helping to keep my business afloat. If you have any questions or issues please visit our website at www.GamaProduce.vpweb.com or contact Susana at GarnaProduce@outlook.com Susana Maza. Owner Gama Produce 1605 E 4th St. National City, CA 91950 1619-477-2374 I GamaProduce@outlook.com 238 of 355 SUBJECT ( C�4o C., 1%. S i tX orr ,.,�G nr.�'► . f r, -. f DATE S L aP Alf kt/i a# 10 S- E: ii4 .LFeb Zil 2 01 r-• v ilk Ulm -- Wu �� __._. % -•d �t ,,j c.`74 \V I CL aCt0/19 C1C. ki-; Det-ILL 6_0 kc,A “:)pez . 142_1 R avt Niovho t C A clicTS 2 Gai..04Cv_fr_x_-____0_e 1'1 (21 ._Pt. ARA/ lafs____VAtio& LA 61) -a/Pie CF(e Vin-°V4 rar7e7 c-e ;_0--/ 71Z s Ami cd,\) (Ja - cik o 4c - - CA 239 of 355 NAME 5 r c CA- AD Df:-ESS. 045 "# -� air G�;_:i 1°• ..r E 0.6t(ctf {, ALPO (4 m __.. eco - i Al i- P O ilr'---- -_ q' // 'lantscq t1Q fto Ave "o NrG .t.+___. ; ,-- _ ____ 52.. J LE s.„, IL,;-, 04 4L41617-0 Yid 0 IMMAI.:7_11 ___E-__5:TL______ ,s21--._.N_I. CCA 14e_5fitte s ZLI 12.111,4414s,',...iiv 0 1"4 5.17.3i 3 240 of 355 e - JM iE:RS I'ITACTS 912 S f cal 2 7° KrZil SUBJECT DATE •' • T ft' e Z iz 1} 7 7 X... rc vcat-- ..IL C._IT" CAI ---� 07" _a3cY r)-4.b cz. ..aii-1,- p,f.D. ,....0„,,i ave... 41tp- g 6.2 .________Ay4 ...+Itam:21_c_its- _..c4,.., l•043,5. .-----......__....__..__ _-----__.-_._.-_._.._._..__----- ____-�- '�r//��` (may) E 1_.-...._....___..._.......___-..-..-.....«...__..-_. Xi. Ai ell/ ' 2:31. 1 19q . ) G40 \A. L/C._____.. ZIIII- .IL9_�_._ <_a s+ _ _-_ .__.___.letbet,cf r kot-M1-4-./ Li °� tI Cb • • Lt4-‘‘C Z-411-1.6er ier Ai 7r--/-eo #XiC1-77- 814 €7-k *5-1- A 3101 i\b4-Kykr et qm 11114 ICA 6.1nov_ente_z. _ _Laa eicc) /3 aza) altizroa- MORT-ck) c47- _cc-Lc C 0 el 97f SO 1 242 of 355 r• • (kAorck _ invcAnr\ No( Cic Pe r.• .f7 j 3b.5"? 'to :73 DSc/ :514- Q. BRms k.s 9i 0 2‘; 1//»f Co m rtie 5-ief y hqi7_0-Aci cgi gArir Ictr0- c‘e:)L, iCct 5Z) 243 of 355 • Ave gat -La _.p-Z _A 4441-01:01 q.20 !Itia_10.1:efraD 77.1 12 cae Qx-,?NU ...no.- 3-�9---1 `lit ?SO. 244 of 355 • e0" pc) 57,y s 2. ei 71.47,r4 4 / I 245 of 355 99£ 10 9bz • ._- ______ ..;:asob , -dto ,.. ,, I ..I_/ 1-) x 4.0. 2 ID-).1f � _ 0 _- 9 3 -' 7-- - --- [ --k (NI ur.) t yl . . A;s1 iz) 1.4-.',1-) li‘o-t-VO , ..,:),cAcycisr-Je:Ii.. • —al Z 0 0 I) WVSY3 r ;c'- 01 I 6e -0.77-- . -_Y, Oilb Y-3— 03 13: 0101301 _fi' `i1.... r i .. j 42y. .. . i 7- , *'ter''; A- - ,):". d ._ 1.)1.t'kA.b. fl 4,...4 114 /7 3 9E S -4 , _. i _. 77 _ ./- ; :r-0"7. ( 7 Z : ("1-7..-43// ) - -- 1-) " , r uhl ( — 'Y'PIC21-19 ' -.. - - - -- --- 1" ---;7437- -,1-,',-.E.V:-.:5-37.------------- 1 4 V 45' 'qri'51% . 7114'T x :n :I......... E /5 9Lii .:71 0 i Zi. . I"- tri 'r s.,.#.1_7 -9 { '-'' b' t3 soh 8,AcAcL.L . -- ZJ. )ipriit e L JL4J1:aj,I4 / 77 1.0ia g c fl r S7- 920.? ,41kUct \ranch, 2 erg V, - 41- mAi Pifititr _________ igZ7— eir � /t�avot✓kL 0:4T1 01,11 9i9.�a Y E1 amte..r o_ eyi,t,(_a__ ao .. _ A _= Ze21.. orb. .- r1 ' - a-- .. & et !Q j_fg0.2. 247 of 355 • I tkQ c-/k t.kti wei k#A49 tat intvi foR1X scwt.Dic9nLfr 1._(Ar_ve th two --NLOCt tAbiti103A) Ai Esib 4.530 7/424 96)0. -'70 ir 0, c, Dmat 248 of 355 • E GHAMBEI. April 29, 2016 Susana Maza Gama Produce 1605 East 141h Street National City, CA 91950 To Whom It May Concern: 901 National City Boulevard National City, CA 91950-3203 Business: 619 477-9339 Fax: 619 477-5018 Web site: www.nationalc'rtychamber.org The National City Chamber of Commerce supports Gama Produce's application for a Conditional Use Permit to sell beer and wine at their business location (1605 E. 14th Street, National City, CA 91950) . On behalf of the Board of Directors of the National City Chamber of Commerce, we fully endorse the CUP application to allow Gama Produce to: Provide expanded product options for her customer base; Retain her current customer base by meeting their demand for beer and wine sales; • Compete in the local market economy; • Increase sales, thereby generating additional sales tax revenue to the City of National City, and • Take advantage of business development opportunities for Minority Owned Businesses and Women Owned Enterprises to further expand her operations and satisfy her business plan objectives. Gama produce is an active chamber member in good standing. Furthermore, Ms. Susana Maza, owner of Gama Produce, is an outstanding corporate citizen whom is fully engaged in community and civic affairs. She is supportive of arts, education, and cultural programming as evidenced by her support of the International Mariachi Festival and Competition this past March. Her continuous commitment to youth development through her generous donations to student groups is also noteworthy and reflective of her community character. If granted the CUP for beer and wine sales, Ms. Mom will continue to operate responsibly and take all measures to safeguard against the illegal sale and distribution of alcohol to minors. To date, there 249 of 355 have been zero reported crirL.-2:1 incidences at her store. She will r'4,v 'sell beyond 10pm, and plans on hosting three small container units to house her alcohol products. Moreover, Gama Produce is primarily a fresh fruit, vegetable and meat market, not a liquor store. Thus, the sale of alcohol will only serve to compliment her existing product offerings. However, it is an important component to meet her customer's needs. Also, we would like to clarify that Ms. Mazc does not plan to sell her business, as alleged in the letter submitted by Rach House Liquor Store. The National City Chamber of Commerce is recognized as the premier local Chamber of Commerce in the San Diego Region, is highly respected by the community as the unified voice of business, and participates as a major partner in planning the future of our community. The Chamber is an advocate for business friendly legislation at all levels of government, and is an organization with a strong active membership. The Chamber's mission is to increase opportunities for businesses and advocate for our membership in matters related to business, government, and community relations. We proudly represent over 500 businesses in the City of National City. Thank you for your time and consideration of our request to support the approval of Gama Produce's CUP application for beer and wine sales. Sincerely, Jacqueline L. Reynoso President/ CEO National City Chamber of Commerce 250 of 355 DEPARTMENT OF THE ARMY CALIFORNIA ARMY NATIONAL GUARD RECRUITING AND RETENTION BATTALION 303• PALM AVENUE NATIONAL CITY CALIFORNIA 91950 NGCA-RRB-C MEMORANDUM FOR RECORD SUBJECT: Letter of Appreciation 28 April 2016 1. This letter of appreciation is to recognize the selfless service and dedication of Gama Produce Market owner Susana Gavia Alvardo. Her continuous efforts to support her community and service members is truly noble. 2. Gama Produce provides the local community and Soldier's daily with healthy, fresh produce and great customer service. I am truly impressed with Susana's commitment and excellence to go above and beyond to care for her local customer. I am thankful for her professionalism and kindness to iocai public. 3. Point of contact for this memorandum is the undersigned and can be reached at 858- 405-5245 or dana.r.darvinvarab.mil@mail.mil. atOM 0111* DANA R, VA � •-, SSG, USA Recruiting and Retention NCO 251 of 355 i A • Crtjicate of Al3preci4tOn Presented to: Susana Maza Gama Pt' 17- - - - • uce Over the many years Garna Produce ha time and time again given outstanding service and friendship to our Soldiers. They consistently choose to go to Garna Produce for the warm welcome and smile you have giverk, the availability of well -priced goods and you, personally ensure each of them is taken care ofto the highest standards. 111 A d di tion I wouldlike to recognize your unwavering -Support to the California National Guard, Soldiers, Sailors and Mariries that have 141 NATaiedhrouyqjr,c1Qors. J.4 so' Sgt. Jona N Det-1.;13 Co 578th BEB CAANG 252 of 355 ti—,.l RESOLUTION NO. 2016-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT FOR ALCOHOL SALES AT GAMA PRODUCE LOCATED AT 1605 EAST 4TH STREET. CASE FILE NO. 2015-28 CUP APN: 554-050-19 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for alcohol sales at Gama Produce located at 1605 East 4th Street at a duly advertised public hearing held on May 2, 2016, 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. 2015-28 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 May 2, 2016, support the following findings: 1. 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 census tract in which the subject property is located is currently over -concentrated with regard to off -sale alcohol outlets — four off sale outlets are permitted where two are recommended by the California Department of Alcoholic Beverage Control. — and the area has a high crime rate. 2. That the proposed use is not deemed essential and desirable to the public convenience and necessity, because four other off -sale alcohol outlets are located in the same census tract as the subject property. 3. That based on findings 1 and 2 above, public convenience and necessity w{II not be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. 253 of 355 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 May 16, 2016, by th following vote: AYES: Baca, Garcia, Sendt NAYS: Dela Paz, Flores ABSENT: ABSTAIN: Bush, Yainane HAIRPERSON 254 of 355 To Whom it may concern, My name is Susana Maze regarding a visit I recently had on Saturday July 30'h 2016 at 9:25am- 9:28am from Mr. Cano. I was attending my customers as he walks in and I greet him while he wants toward the coolers 10 pick up some drinks and as he sets them down to pay Mr. Cano tells me that he needs to speak with me. We walk towards the back part of my business I just stood there listening. He begins to say that he asked every single council in a meeting he had that if they were going to vote for me on the approval of my liquor license and according to Mr. Cano, everyone disagreed and said that they won't vote at all, I asked Mr. Cano what was the reason for me to continue attending the meetings and he also asked what I've said In the meeting for them to change their mind, according to Mr. Cano, I answered, I am a hard working woman with a famliy business yet alone trying to better myself with my children right beside me. Mr. Cano suddenly interrupts and says that "he doesn't know why but nobody 1s voting for you." After that 1 start to ask him why? Why should I continue attending these meeting when knowing the response the council will have. He then tells me not to give up and to keep fighting for it. We walk back to the register and I rung him up and like every other customer they thank me and walk away. The reason I'm writing this letter is because I'm looking for answers due to the conversation I had with Mr. Cano getting out of his way to come to my business and give me those news.- Susana Maza CA-J t eg .)t t 1 GANIA PRODUCE 619-477-9374 1605E4thSt National City, CA 91950 SLUM Maze owner GemaP►oduce@o AlooL.com 255 of 355 August 16, 2016 To Whom It may concern, ItECZNED MiX 12fli& My name Is Susana Marta, owner of Goma Produce and I writing this letterarding a visit I recently had on Saturday July 30a 2016 at 9;25amr9&8am from Mr. Cana. I wcis attending my customers as he walks in and I greet him while he walks toward the driers to pick up some drinks and as he sets them down to pay Mr. Cano tells me that he needs to speak with me. We walk towards the bade part of my buslrsesss i Iust stood there listening. He begins to say that he asked every single round! member in a meeting he had ihat if they were going to vote for me on the approvai of my liquor license and according to Mr. Cana, everyone disagreed and said that they w4i not vote for TM He shared that he was the only contcihnember that would vote for me. I asked him, "So am I going to loser' and he responded'yes." I asked Mr. Cana what was the reason for me to continue attending the meetings and If what I say in the meeting may change their n i go onto say, I am a hard working woman with a family business yet alone trying to better myself with my children right beside me. Mr. Cano suddenly interrupts and says that "he doesn't know why but nobody k voting for you" He also said, 'don't tell anybody !fat I informed you of this." Mr. Cano slated how he was contacted by the owner of Roads Liquor House and how the owner offered him campaign contribugons to his campaign and that the owner of Ranch House liquor would provide monkey to Jerry's father as well. I shared with hint' I don't have money, but I mow all candidates to place their flyers and signs at my store." He also stated the Randy Liquor House had more dour as a business and that 1 would not receive my liquor kerma because Rands House hos stronger advocacy. After that I start to ask him why4 Why should t continue attending] these meeting when knowing the response the coundl will have? He then tells me not to give up and to keep fighting for it. We walk badc to the register and I rung him up and lice every other customer they thank me and walk away. The reason I'm writing .116.1441er is because l ns looking for answers due to the arm/onagersi had with Mr. Cana going out of hb way to come to my business and give rise that news. Susan° Maze Gans Produce,1605 E dth Street, Hatlonai•CRy, CA. s(c//6p It 11' 1 - ir GAMA. PRODUCE v.G... ,.�►.. ,�. • r. A c:. , 1605E41hSr ofalet Ndtwnol Gy. G91950 Gcultarredueseaudocit tem 256 of 355 CC/CDC-HA Agenda 10/4/2016 — Page 257 The following page(s) contain the backup material for Agenda Item: Ordinance of the City Council of the City of National City adding Chapter 2.62 to the National City Municipal Code adopting informal bidding procedures under the California Uniform Public Construction Cost Accounting Act (CUPCCAA). (Engineering/Public Wor 257 of 355 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: (October 4, 2016 AGENDA ITEM NO. ITEM TITLE: An Ordinance of the City Council of the City of National City adding Chapter 2.62 to the National City Municipal Code adopting informal bidding procedures under the California Uniform Public Construction Cost Accounting Act (CUPCCAA) PREPARED BY: Stephen Manganiello DEPARTMENT Engineering/Public Works PHONE: (619) 336-43821 EXPLANATION: See attached. APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. NfA ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: Finance APPROVED: MIS STAFF RECOMMENDATION: Adopt Ordinance adding Chapter 2.62 to the National City Municipal Code adopting informal bidding procedures under the California Uniform Public Construction Cost Accounting Act BOARD 1 COMMISSION RECOMMENDATION: [NA ATTACHMENTS: 1, Explanation 2. Ordinance 258 of 355 Explanation The City of National City is currently subject to formal competitive bidding requirements, as set forth in California Public Contract Code ("PCC") Section 20160, et. seq., if the estimated cost of a public project exceeds $5,000. The California Uniform Public Construction Cost Accounting Act ("Act") provides public agencies an alternative, informal competitive bidding process with larger dollar limits than PCC Section 20160, et. seq. The Act was established in 1983 under PCC §22000, et. seq. to promote uniform bidding procedures and cost accounting standards for Public Works projects. Public agency participation in the Act is voluntary, As of February 2016, 944 public agencies in California participate in the Act, including the following cities in the San Diego Region: Coronado, Escondido, Imperial Beach, La Mesa, Carlsbad, Del Mar, Oceanside and Vista. On April 5, 2016, staff provided a presentation to City Council on California Uniform Cost Accounting Procedures for Public Works Construction (see attached). The presentation highlighted the benefits of opting into the Act and steps required to implement uniform cost accounting procedures. The primary benefits include: • Allows participating public agencies to expedite contracting for smaller public works projects; Increases informal bidding limits (currently up to $175,000); • Increases limits for work involving City forces (currently up to $45,000); • Establishes a list of qualified contractors to perform the work. At the conclusion of the presentation, staff addressed questions from City Council. Then, Council voted unanimously to direct staff to proceed with preparation of enabling ordinances and administrative poiicies required to implement California Uniform Cost Accounting Procedures for Public Works Construction. The attached Ordinance, which was publically introduced at the September 20, 2016, City Council Meeting, establishes alternative competitive bidding procedures for public projects, consistent with the Act, and as provided by PCC §22000, et. seq. Staff from the Finance Department and Engineering & Public Works Department have developed internal quality control measures and procedures to ensure compliance with the Act. Should Council decide to adopt the attached Ordinance, staff would notify the State Controller's Office of the City's desire to "opt -in" to the Act, and submit a copy of the supporting Council Resolution. The Ordinance would take effect 30 days after City Council adoption. If the City does not wish to opt into the Act, staff shall continue to adhere to current formal public bidding requirements as set forth in PCC Section 20160, et. seq. 259 of 355 CC/CDC-HA Agenda 10/4/2016 — Page 260 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City adopting informal bidding procedures under the California Uniform Public Construction Cost Accounting Act and those additional accounting procedures established by the California Uniform Construc 260 of 355 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 4, 2016 AGENDA ITEM NO. ITEM TITLE: A Resolution of the City Council of the City of National City adopting informal bidding procedures under the California Uniform Public Construction Cost Accounting Act and those additional accounting procedures established by the California Uniform Construction Cost Accounting Commission PREPARED BY: Stephen Manganiello PHONE: '(6 19) 336-4382 EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: [N«I ORDINANCE: INTRODUCTION: FINAL ADOPTION: DEPARTMENT: Engineering/Public Works APPROVED BY: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Resolution adopting informal bidding procedures under the California Uniform Public Construction Cost Accounting Act BOARD 1 COMMISSION RECOMMENDATION: IN/AI ATTACHMENTS: 1. Expianation 2. Resolution 261 of 355 Explanation The City of National City is currently subject to formal competitive bidding requirements, as set forth in California Public Contract Code ("PCC") Section 20150, et. seq., if the estimated cost of a public project exceeds $5,000. The California Uniform Public Construction Cost Accounting Act ("Act") provides public agencies an alternative, informal competitive bidding process with larger dollar limits than PCC Section 20160, et. seq. The Act was established in 1983 under PCC §22000, et. seq. to promote uniform bidding procedures and cost accounting standards for Public Works projects. Public agency participation in the Act is voluntary. As of February 2016, 944 public agencies in California participate in the Act, including the following cities in the San Diego Region: Coronado, Escondido, Imperial Beach, La Mesa, Carlsbad, Del Mar, Oceanside and Vista. On April 5, 2016, staff provided a presentation to City Council on California Uniform Cost Accounting Procedures for Public Works Construction. The presentation highlighted the benefits of opting into the Act and steps required to implement uniform cost accounting procedures. The primary benefits include: • Allows participating public agencies to expedite contracting for smaller public works projects; • Increases informal bidding limits (currently up to $175,000); Increases limits for work involving City forces (currently up to $45,000); • Establishes a list of qualified contractors to perform the work. At the conclusion of the presentation, staff addressed questions from City Council. Then, Council voted unanimously to direct staff to proceed with preparation of enabling ordinances and administrative policies required to implement California Uniform Cost Accounting Procedures for Public Works Construction. Council Resolution is required to "opt -in" to the Act. Adoption of the Resolution will allow the City to take advantage of the Act's alternative, informal competitive bidding procedures as summarized above. However, the City will be subject to the California Uniform Construction Cost Accounting Commission's policies and procedures manual and cost accounting review procedures, which may be amended from time to time. If adopted by City Council, staff will submit a copy of the attached Resolution to the State Controller's Office to serve as notification of the City's desire to "opt -in" to the Act, which will become effective 30 days after City Council adoption of the enabling ordinance. 262 of 355 CC/CDC-HA Agenda 10/4/2016 — Page 263 The following page(s) contain the backup material for Agenda Item: City Manager Working Group Report and Recommendation on the Creation of a Military Advisory Committee. (City Manager) 263 of 355 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 4, 2016 AGENDA ITEM NO. ITEM TITLE: City Manager Working Group Report and Recommendation on the Creation of a Military Advisory Committee PREPARED BY: Leslie Deese, City Manager. PHONE: 619.336.4240 EXPLANATION: Please see attached staff report. DEPARTMENT: City Manager APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. jNAq ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: City Council accept the report and authorize the creation of a Military Advisory Committee BOARD / COMMISSION RECOMMENDATON: N/A ATTACHMENTS: 1. Staff Report 264 of 355 City Manager Working Group Report and Recommendation on the Creation a Military Advisory Committee Purpose At the March 1, 2016 regular City Council meeting, the City Council approved the City Manager's recommendation to form a working group whose task was to develop a recommendation to the City Council to form a military advisory committee, and if so, its purpose and responsibilities. The working group has concluded its meetings. As the staff report outlines, the working group recommends the City Council form a committee of volunteers charged with advising the City Council on matters related to the support of our veterans and military community, make recommendations to the City Council with respect to veterans and military service member related issues, ceremonies, and other activities that occur within National City, and provide a forum for discussion of issues relating to veterans and military families. The Committee would provide advice and assistance to National City residents regarding resources available for veterans and military families and act as a conduit of communication and coordination between the local veteran and military community, and the City of National City. Background 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. • National City's "Armed Services Recognition Program" honors hometown heroes, past and present. o The National City Chamber of Commerce honors our military with the annual City co -sponsored "Salute to Navy" luncheon. Las Vista Memorial Park's annual Memorial Day event honors the men and women who died while serving in the United States Armed Forces. • The County of San Diego's Office of Military & Veteran's Affairs staffed a resource table this year at National City's "National Night Out Against Crime" event. ▪ For the past three years, the National City Fire Department and the National City Firefighters Local 2744 have partnered with the "Wounded Warrior Project" to support their annual "Soldier Bicycle Ride and Dinner". 1 265 of 355 The "Soldier Ride" is three days of physical and emotional support and healing for the participants. Approximately 60-70 wounded warriors attend the ride from throughout the Nation. In addition to hosting dinner at Fire Station 34, NCFD further assists the WWP by providing volunteer EMT's/Paramedics to ride with the warriors and provide immediate first aid in the event of accident or injury. Many of the participants say the dinner event at the Fire Station is the highlight of the Soldier Ride! It is a wonderful opportunity for the Firefighters and members of the community to spend time with our military veterans who have sacrificed so much for our country. • National City held a War Memorial Unveiling and Rededication Ceremony in December 2015. The refurbished War Memorial lives on as a tribute to our fallen heroes. Other improvements to the Memorial complex included new concrete seat walls, public safety cameras, and street and decorative lighting. A pentagon dedicated to the five armed branches of the U.S. Military, a Military Wall of Honor, and hand -made mosaic benches, pay further tribute to our veterans. • National City is honored to employ several military reservists. 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 employ 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. This is another commitment to our military reservists. In addition, National City is home to several veterans and military organizations, most notably, the Thomas H. Crosby, Jr. VFW Post 4630 and the Larry E. Bennett American Legion Post 255. Several years ago, National City established an informal military advisory committee in partnership with the 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. Given National City's long history with the military, the City Council has continued to discuss opportunities on how to strengthen ties with the military community. Forming a military advisory committee has been discussed over the last couple of years. • 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. 266 of 355 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. • April 2014 - the City Council established the War Memorial Ad -Hoc Committee with representatives from 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 project was completed, the committee disbanded. • February 2016 - Councilmember Rios requested that staff return with a report on the formation of a military advisory committee. in March, 2016 the City Council directed the City Manager to form a working group to develop a recommendation to form a committee, including purpose, responsibility, membership, meeting times and location, and duration of existence. City Manager's Working Group The working group met on six occasions between April and September, 2016. The membership was comprised of experts in military and veteran affairs from the National City community and San Diego region, including military veterans, reservists, regional partners, and city staff. National City is home to the County of San Diego's newly opened Office of Military & Veterans Affairs, which provided the opportunity for key County personnel to also serve on the working group. Committee Membership: • David Bavencoff — US Coast Guard Reserves; Lieutenant, National City Police Department Shirley Ferrill — Adjutant for American Legion Post 434 • Ray Flores — County of San Diego, Office of Military & Veterans Affairs, and Executive Director, San Diego Veterans Coalition • Gerald Forand — CWO3 Marine Corps JROTC, Sweetwater High School; Military Veteran • Sara Krueger - Veterans Services Representative, Office of Military Veterans Affairs Health and Human Services Agency • Wil Quintong - Director, County of San Diego, Office of Military & Veterans Affairs ▪ Meg Storer - Vice President of Community and Government Relations, 211 San Diego • Armando Telles — US Marine Corps Veteran, and advocate for veterans' and military families • Bill York - Executive Vice President, 211 San Diego 267 of 355 City staff included Management Analyst Lauren Maxilom, Deputy City ClerklExecutive Secretary Esther Clemente, and City Manager Leslie Deese. Working Group Recommendations The working group's expertise and insight allowed for a robust and passionate dialogue on many issues impacting veterans, military personnel, and their families. While there are many resources available, there is not an avenue available through the City itself. The proposed Committee would help fill that void. It is important to note that the proposed Committee would not provide direct services but rather would serve as a conduit to guide to the appropriate resources). Equally important to the working group members was the opportunity for National City to honor our military men and women through community events, ceremonies, and other activities. To assist the City Council in formulating a decision, the working group provides the following recommendations on proposed Committee goals and parameters, including purpose/mission, responsibility, membership, and duration of existence. Committee Name: Veterans & Military Families Advisory Committee Purpose: The National City Veterans and Military Families Advisory Committee would serve in an advisory capacity to the City Council of the City of National City on matters related to the support of our veterans and military community. The Committee would make recommendations to the City Council with respect to veterans and military service member related issues, ceremonies, and other activities that occur within National City. Committee meetings would provide a forum for discussion of issues relating to veterans and military families. The Committee would provide advice and assistance to National City residents regarding resources available for veterans, military personnel and their families. The Committee would act as a conduit of communication and coordination between the local veteran and military community, and the City of National City. Responsibilities may include, providing recommendations to the City Council on issues of interest to veterans, military personnel, and their families. Providing a forum to discuss and help resolve issues, encouraging and promoting awareness, planning and assisting the City with planning of events honoring the heritage of our veterans and military community to establish and promote positive relations within the City, and serve as a liaison between the City of National City and community partners. Goals: Partnership Education Awareness Connections Engagement 268 of 355 Membership: The working group recommends up to an eleven (11) member committee to be composed of representatives from the National City community and regional partners. The intent would be to appoint residents and/or individuals with military, veteran, and professional ties to National City in as many of the categories as possible, including: 1. Veteran resident of National City 2. Active duty service member 3. Family member or spouse of active duty service member 4. Family fleet representative (Naval Base San Diego) b. Veteran -based service organization 6. Sweetwater High School ROTC student 7. San Diego County Supervisor Veterans Advisory Council (VAC) rep. 8. 2-1-1 San Diego representative 9. Social Services representative 10. Faith -Based community representative 11. National City business community representative Meetings: Committee meeting should be held, at minimum, on a quarterly basis; however, this should be determined by City Council and committee membership based on anticipated workload and need. Duration of Committee Existence: Indefinite. Local and Regional Resources Working in conjunction with local and regional service providers, the Committee would act as liaison to National City veterans and their families to connect them with the assistance they are seeking and the services and benefits they may be eligible for, including: San Diego County Office of Military & Veterans Affairs, South Region MVRC, 401 Mile of Cars Way Suite 300, National City, CA 91950 (619) 731-3348 www.sandiegocounty.gov/hhsa The Office of Military & Veterans Affairs provides professional services for military veterans and their dependents and survivors who are entitled to benefits from the United States Department of Veterans Affairs, the State of California, and other agencies as applicable. • 2-1-1 San Diego, P.O. Box 420039, San Diego, CA 92142 (858) 300-1211 or 2-1-1 www.211sandiego.orq 2-1-1 San Diego's Military and Veteran Services Program is lead and operated all by veterans, from the Executive Vice President of 2-1-1 to the interns. The program connects San Diego's veterans, active duty military, 269 of 355 reservists, national guards, and their families to available services. San Diego County District Attorney CARE Center - 12 N Euclid, National City, CA 91950 (619) 356-4489 www.sdcarecenter.orq The Veterans Empowerment Program helps veterans reentering society from incarceration as well as address issues of all veteran populations returning to San Diego County. Vet -Connect Program - Provides veterans the ability to come into a designated County or City Library for a virtual face-to-face meeting with a Veterans Services Representative. The Vet -Connect is currently active in the Julian, Poway, and Alpine libraries. • Library Outreach Program — The County of San Diego's library outreach program provides an opportunity for Veterans to meet with an accredited County Veteran Services Representative at a designated County or City Library. The following libraries are currently designated for this veteran outreach program: Chula Vista, El Cajon, Downtown Central, Rancho San Diego, Ramona, and Pine Valley. • Helmets to Hardhats — www.helmetstohardhats.orq A National, nonprofit program that connects National Guard, Reserve, retired and transitioning active -duty military service members with skilled training and quality career opportunities in the construction industry. • San Diego Association of Governments (SANDAG) - San Diego Regional Military Working Group, 401 B Street, Suite 800, San Diego, CA 92101 (619) 699-1900 www.sandaq.orq Provides a collaborative forum for the various branches of the military and SANDAG to address areas of mutual interest, including growth management, habitat, transportation, regional growth, housing, water, energy, and other related topics. U.S. Department of Veterans Affairs, San Diego Regional Benefit Office, 8810 Rio San Diego Drive, San Diego, CA 92108 (800) 827-1000 www.va.qov For more information about community resources for veterans, active duty military and their families, please dial 2-1-1 or go to www.211sandiego.orq to access programs such as "Courage to Call" or "Vets' Community Connections", Conclusion: The working group recommends the City Council create a veterans and military family advisory committee given National City's long history and relationship with 270 of 355 the military, and our proximity to Naval Base San Diego and other military installations, and most importantly, that National City is home to many active duty and retired military personnel, veterans, and their families, . National City currently has seven established boards and commission whose members are appointed by the Mayor and City Council. Boards, commissions, and committees are supported by city staff and operate in accordance with Title 16 of the National City Municipal Code, the Ralph M. Brown Act, Rosenberg's Rules of Order, and City Council Policy #107. Staff Recommendation: Staff supports the working group's recommendation that the City Council create a military advisory committee. 271 of 355 CC/CDC-HA Agenda 10/4/2016 — Page 272 The following page(s) contain the backup material for Agenda Item: City Council Review of League of California Cities 2016 Annual Conference Resolution. (City Manager) 272 of 355 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 4, 2016 AGENDA ITEM NO. ITEM TITLE: City Council Review of League of California Cities 2016 Annual Conference Resolution PREPARED BY: I Leslie Deese, City Manager DEPARTMENT: City Manager PHONE: 619.336.4240 APPROVED EXPLANATION: Please see attached staff report. FINANCIAL STATEMENT: ACCOUNT NO. INI ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: City Council consider the League's resolution and determine National City's position so that our voting delegates can represent the City's position during the League conference from October 5-7 in Long Beach, CA BOARD I COMMISSION RECOMMENDATION: NIA ATTACHMENTS: 1) Staff Report 2) League of California Cities 2016 Annual Conference Resolutions Packet 273 of 355 Staff Report: City Council Review of League of California Cities 2016 Annual Conference Resolutions This year's League of California Cities Annual Conference will be held October 5- 7 in Long Beach. Policy development is a vital and ongoing process within the League. The principal means for deciding policy on the important issues facing cities and the League is through the League's eight standing policy committee and the board of directors. The process allows for timely consideration of issues in a changing environment and assures city officials the opportunity to both initiate and influence policy decisions. On August 2, 2016, the City Council voted to appoint Mayor Morrison as the voting delegate and Councilmember Sotelo-Solis as alternate to represent National City at the 2016 League Annual Business Meeting. The meeting will be held at 12:00 p.m. on Friday, October 7, at the Long Beach Convention Center. At the Annual Conference, the League will consider one resolution, the details of which are provided in the attached information packet. Also provided for the City Council's information are staffs comments on the proposed resolutions, as they relate to National City: 1) Resolution committing the League of California Cities to supporting Vision Zero, toward zero deaths, and other programs or initiatives to make safety a top priority for transportation projects and policy formulation, while encouraging cities to pursue similar initiatives. Staff Comments: • Director of Public Works & City Engineer: "Jim Stone with Circulate San Diego had discussed Vision Zero with me a few months ago in regards to working with National City to implement this at the local level. It appears to be a positive initiative that implements programs and policies targeted at working with the Community to achieve the goal of eliminating fatalities on roadways. l would encourage Council to support the Resolution." • Chief of Police. "I concur with supporting the Resolution. Education and physical changes have long term effects to improving safety; enforcement can only be temporary." The League encourages city councils to consider the resolution and determine a city position so their voting delegate(s) can represent its position during the conference, and / or provide a report back to Council on action taken by the League on the resolution. If there is any particular direction that the Council would like to provide, direction tonight would be appropriate. Page 1 of 2 274 of 355 Some Councils just allow their voting delegates to "vote your conscience" since the measures tend to get modified during the policy committee process. Others like to provide specific direction to vote for or against a particular resolution. There is no requirement that the Council discuss or take action on each issue. Page 2 of 2 275 of 355 &LEAGUE© OF CALIFORN[A. -CITIES August 16, 2016 1400 K Street, Suite 400 • Sacramento, California 95814 Phone: 916.658.8200 Fax: 916.658.8240 www.cacities.org TO: Mayors, City Managers and City Clerks League Board of Directors RE: Annual Conference Resolutions Packet Notice of League Annual Meeting Enclosed please find the 2016 Annual Conference Resolutions Packet. RECEIVED AUG 2 5 2016 CITY OF NATIONAL CITY CITY MANAGER'S OFFICE Annual Conference in Long Beach. This year's League Annual Conference will be held October 5 — 7 in Long Beach. The conference announcement has previously been sent to ail cities and we hope that you and your colleagues will be able to join us. More information about the conference is available on the League's Web site at www.cacities.orglac. We look forward to welcoming city officials to the conference. Closing Luncheon/General Assembly - Friday, October 7,12:00 p.m. The League's General Assembly Meeting will be held at the Long Beach Convention Center. Resolutions Packet. At the Annual Conference, the League will consider one resolution introduced by the deadline, Saturday, August 6, 2016, midnight. The resolution is included in this packet. Resolutions submitted to the General Assembly must be concurred in by five cities or by city officials from at least five or more cities. These letters of concurrence are included with this packet. We request that you distribute this packet to your city council. We encourage each city council to consider this resolution and to determine a city position so that your voting delegate can represent your city's position on the resolution. A copy of the resolution packet is posted on the League's website for your convenience: www.cacities.orglresolutions. The resolutions packet contains additional information related to consideration of the resolution at the Annual Conference. This includes the date, time and location of the meetings at which the resolution will be considered. Voting Delegates. Each city council is encouraged to designate a voting delegate and two alternates to represent their city at the General Assembly Meeting. A letter asking city councils to designate their voting delegate and two alternates has already been sent to each city. If your city has not yet appointed a voting delegate, please contact Meg Desmond at 0916) 658-8224 or email: mdesmond@cacities.org. Please Bring This Packet to the Annual Conference 1 October 5 — ?, Long Beach 276 of 355 LEcNuE® Annual Conference Resolutions Packet 2016 Annual Conference Resolutions .;,-.;_cotiPani4.4o4s o � LiEAG"l�l�l � �1F. 3\O n F t :A! I •SCR Long Beach, California October 5 — 7, 2016 277 of 355 LNFORMATION AND PROCEDURES RESOLUTIONS CONTAINED IN ` IIIS PACKET: The League bylaws provide that resolutions shall be referred by the president to an appropriate policy committee for review and recommendation. Resolutions with committee recommendations shall then be considered by the General Resolutions Committee at the Annual Conference. This year, one resolution has been introduced for consideration by the Annual Conference and referred to the League policy committees. POLICY COMM11111 ES: One policy committee will meet at the Annual Conference to consider and take action on the resolution referred to them. The committee is Transportation, Communication and Public Works. The committee will meet 9:00 — 10:30 a.m. on Wednesday, October 5, 2016, at the Hyatt Regency. The sponsor of the resolution has been notified of the time and location of the meeting. GENERAL RESOLUTIONS COMMITTEE: This committee will meet at 1:00 p.m. on Thursday, October 6, at the Hyatt Regency in Long Beach, to consider the report of the policy committee regarding the resolution. This committee includes one representative from each of the League's regional divisions, functional departments and standing policy committees, as well as other individuals appointed by the League president. Please check in at the registration desk for room location. ANNUAL LUNCHEON/BUSINESS MEETING/GENERAL ASSEMBLY: This meeting will be held at 12:00 p.m. on Friday, October 7, at the Long Beach Convention Center. PETITIONED RESOLUTIONS: For those issues that develop after the normal 60-day deadline, a resolution may be introduced at the lVnmia? Conference with a petition signed by designated voting delegates of 10 percent of all member cities (48 valid signatures required) and presented to the Voting Delegates Desk at least 24 hours prior to the time set for convening the Annual Business Meeting of the General Assembly. This year, that deadline is 12:00 p.m., Thursday, October 6. Resolutions can be viewed on the League's Web site: www. cacities. orgf res olutions. Any questions concerning the resolutions procedures may be directed to Meg Desmond at the League office: mdesmond@cacities.org or (916) 658-8224 278 of 355 GUIDELINES FOR ANNUAL CONFERENCE RESOLUTIONS Policy development is a vital and ongoing process within the League. The principal means for deciding policy on the important issues facing cities is through the League's eight standing policy committees and the board of directors. The process allows for timely consideration of issues in a changing environment and assures city officials the opportunity to both initiate and influence policy decisions. Annual conference resolutions constitute an a ditional way to develop League policy. Resolutions should adhere to the following criteria. Guidelines for Annual Conference Resolutions 1. Only issues that have a direct bearing on municipal affairs should be considered or adopted at the Annual Conference. 2. The issue is not of a purely local or regional concern. 3. The recommended policy should not simply restate existing League policy. 4. The resolution should be directed at achieving one of the following objectives: (a) Focus public or media attention on an issue of major importance to cities. (b) Establish a new direction for League policy by establishing general principals around which more detailed policies may be developed by policy committees and the board of directors. (c) Consider important issues not adequately addressed by the policy committees and board of directors. (d) Amend the League bylaws (requires 23 vote at General Assembly), 279 of 355 LOCATION OF MEETINGS Policy Committee Meetings Wednesday, October 5 Hyatt Regency Long Beach 200 South Fine Street, Long Beach 9:00 — 10:30 a.m.: Transportation, Communication & Public Works General Resolutions Committee Thursday, October 6, 1:00 p.m. Hyatt Regency Long Beach 200 South Pine Street, Long Beach Annual Business Meeting and General Assemblv Luncheon Friday, October 7, 12:00 p.rn. Long Beach Convention Center 300 East Ocean Boulevard, Long Beach 280 of 355 KEY TO ACTIONS TAKEN ON RESOLUTIONS Resolutions have been grouped by policy committees to which they have been assigned. Number Key Word Index Reviewing Body Action 1 2 3 1 - Policy Committee Recommendation to General Resolutions Committee 2 - General Resolutions Committee 3 - General Assembly TRANSPORTATION, COMMUNICATION, AND PUBLIC WORKS POLICY COMMITTEE 1 2 3 1 Vision Zero Information pertaining to the Annual Conference Resolutions will also be posted on each committee's page on the League website: www.cacities.org. The entire Resolutions Packet will be posted at: www.cacities.orglresolutions. 4 281 of 355 KEY TO ACTIONS TAKEN ON RESOLUTIONS (Continued) Resolutions have been grouped by policy committees to which they have been assigned. KEY TO REVIEWING BODIES 1. Policy Co?nrittee 2. General Resolutions Committee 3. General Assembly ACTION FOOTNOTES * Subject matter covered in another resolution ** Existing League policy *** Local authority presently exists KEY TO ACTIONS TAKEN A Approve D Disapprove N No Action R Refer to appropriate policy committee for study a Amend+ Aa Approve as amended+ Aaa Approve with additional amendment(s)+ Ra Refer as amended to appropriate policy committee for study+ Raa Additional amendments and refer+ Da Amend (for clarity or brevity) and Disapprove+ Na Amend (for clarity or brevity) and take No Action+ W Withdrawn by Sponsor Procedural Note: The League of California Cities resolution process at the Annual Conference is guided by the League Bylaws. A helpful explanation of this process can be found on the League's website by clicking on this link: Resolution Process. 282 of 355 1. RESOLUTION COMMITTING THE LEAGUE OF CALIFORNIA CITIES TO SUPPORTING VISION ZERO, TOWARD ZERO DEATHS, AND OTHER PROGRAMS OR INITIATIVES TO MAKE SAFETY A TOP PRIORITY FOR TRANSPORTATION PROJECTS AND POLICY FORMULATION, WHILE ENCOURAGING CITIES TO PURSUE SIMILAR INITIATIVES Source: City of San Jose Concurrence of five or more cities/city officials: Cities: Fremont; Los Angeles; Sacramento; San Diego; San Francisco; Santa Monica; and West Hollywood Referred to: Transportation, Communication and Public Works Policy Committees Recommendation to General Resolution Committee: WHEREAS, each year more than 30,000 people are killed on streets in the United States in traffic collisions; and WHEREAS, traffic fatalities in America hit a seven-year high in 2015 and is estimated to have exceeded 35,000 people; with pedestrians and cyclists accounting for a disproportionate share; and WHEREAS the Centers for Disease Control recently indicated that America's traffic death rate per person was about double the average of peer nations; and WHEREAS Vision Zero and Toward Zero Deaths are comprehensive strategies to eliminate all traffic fatalities and severe injuries using a multi -disciplinary approach, including education, enforcement and engineering measures; and WHEREAS a core principal of Vision Zero and Toward Zero Deaths is that traffic deaths are preventable and unacceptable; and WHEREAS cities across the world have adopted and implemented Vision Zero and Toward Zero Deaths strategies and successfully reduced traffic fatalities and severe injuries occurring on streets and highways; and WHEREAS safe, reliable and efficient transportation systems are essential foundations for thriving cities. RESOLVED that the League of California Cities commits to supporting Vision Zero, Toward Zero Deaths, and other programs, policies, or initiatives that prioritize transportation safety; AND encourage cities throughout California to join in these traffic safety initiatives to pursue the elimination of death and severe injury crashes on our roadways; AND encourage the State of California to consider adopting safety as a top priority for both transportation projects and policy formulation. Background Information on Resolution to Support Transportation Safety Programs Each year more than 30,000 people are killed on streets in the United States in traffic collisions. Traffic fatalities in America hit a seven-year high in 2015 and are estimated to have exceeded 35,000 people, with children, seniors, people of color, low-income and persons with disabilities accounting for a disproportionate share. The Centers for Disease Control recently reported that the traffic death rate per 6 283 of 355 person in the United States was about double the average of peer nations, with close to 10% of these deaths occurring in California (3,074 in 2014). California's largest city, Los Angeles, has the highest rate of traffic death among large U.S. cities, at 6.27 per 100,000 people. Cities around the world have adopted traffic safety projects and policies that underscore that traffic deaths are both unacceptable and preventable. In 1997, Sweden initiated a program called Vision Zero that focused on the idea that "Life and health can never be exchanged for other benefits within the society." The World Health Organization has officially endorsed Vision Zero laying out traffic safety as an international public health crisis and the United Nations General Assembly introduced the Decade of Action for Road Safety 2011-2020 and set the goal for the decade: "to stabilize and then reduce the forecast level of road traffic fatalities around the world" by 50% by 2020. As of this writing, 18 U.S. cities have adopted Vision Zero programs (including New York City, Boston, Ft. Lauderdale, Austin, San Antonio, Washington DC, and Seattle) to reduce the numbers of fatal crashes occurring on their roads(http:/ivisionzeronetwork.orglznap-of-vision-zero-cities. California cities lead the way, with the cities of San Jose, San Francisco, San Mateo, San Diego, Los Angeles, Long Beach and Fremont having adopted Vision Zero strategies and many others are actively considering adoption, In 2009 a national group of traffic safety stakeholders launched an effort called "Toward Zero Deaths: A National Strategy on Highway Safety". This initiative has been supported by the Federal Highway Administration (FHWA) (http://safety.fhwa.dot.gov/tzdf) and states throughout the United States, including California (http://www.ots.ca.goviOTS_and_Traffic Safety/About_OTS.asp). This past January the U.S. Department of Transportation launched its "Mayors' Challenge for Safer People and Safer Streets." This effort calls on elected officials to partner with the USDOT and raise the bar for safety for people bicycling and walking by sharing resources, competing for awards, and taking action. The California cities of Beverly Hills, Davis, Maywood, Cupertino, Culver City, Rialto, Santa Monica, Porterville, Los Angles, San Jose, Monterey, Glendale, Irvine, Oakland, Palo Alto, Alameda, West Hollywood and Fullerton signed on to this effort. Additionally, the Institute of Transportation Engineers (TIE), a leading organization for transportation professionals, recently launched a new initiative to aggressively advance the Vision Zero and Towards Zero Deaths movements (http:Ulibrary.ite.or_ g/pub/ed59a040-caf4-5300-8ffc-3 5deb33ce03d). Ultimately all of these programs share the fundamental belief that a data -driven, systems -level, interdisciplinary approach can prevent severe and fatal injuries on our nation's roadways. They employ proven strategies, actions, and countermeasures across education, enforcement and engineering. Support for many of these life-saving programs extends far beyond government agencies, and includes National Association of City Transportation Officials (NACTO), American Association of State Highway and Transportation Officials (AASHTO), Kaiser Permanente, AARP, the National Safe Routes to School Partnership, and the International Association of Chiefs of Police, among many others. There is wide -spread recognition that cities and towns need safe, efficient transportation systems to be economically prosperous. A resolution by the League of California Cities to support transportation safety policies like Vision Zero and Toward Zero Deaths, and encourage implementation of projects and programs that prioritize safety will help California elevate the health and safety of its residents and position us as a leader in national efforts to promote a culture of safe mobility for all. 284 of 355 League of California Cities Staff Analysis on Resolution No. 1 Staff: Rony Berdugo Committee: Transportation, Communication, and Public Works Summary: The resolved clauses in Resolution No. 1: commits the League of California Cities to: 1) Supporting Vision Zero, Toward Zero Deaths, and other programs, policies, or initiatives that prioritize transportation safety; 2) Encouraging cities throughout California to join in these traffic safety initiatives to pursue the elimination of death and severe injury crashes on our roadways; and 3) Encouraging the State to consider adopting transportation safety as a top priority for transportation projects and policy formulation. Background: The City of San Jose notes national and international efforts to reduce fatal and severe injury traffic collisions through systematic data driven approaches, such as Vision Zero and Toward Zero Deaths. According to the World Health Organization (WHO), "Vision Zero is a traffic safety policy, developed in Sweden in the late 1990s and based on four elements: ethics, responsibility, a philosophy of safety, and creating mechanisms for change."' Below is a summary of each Vision Zero element, according to WHO: 1. Ethics — Life and health trump all other transportation benefits, such as mobility. 2. Responsibility — Responsibility for crashes and injuries is shared between the providers of the system and the road users. 3. Safety Philosophy — Asserts that a transportation system should account for the unstable relationship of human error with fast/heavy machinery to avoid deaths/serious injury, but accept crashes/minor injuries. 4. Driving Mechanisms for Change — Asserts that road users and providers must both work to guaranteeing road safety, taking measures such as: improving levels of seat belt use, installing crash - protective barriers, wider use of speed camera technology, increasing random breathalyzer tests, and promoting safety in transportation project contracts. A Vision Zero City meets the following minimum standards: • Sets clear goal of eliminating traffic fatalities and severe injuries • Mayor has publicly, officially committed to Vision Zero ▪ Vision Zero plan or strategy is in place, or Mayor has committed to doing so in clear time frame • Key city departments (including police, transportation and public health) are engaged List of cities that meet the minimum Vision Zero standards nationally include: Anchorage, AK; Austin, TX; Boston, MA; Cambridge, MA; Denver, CO; Eugene, OR; Fort Lauderdale, FL; Fremont, CA; Los Angeles, CA; New York, NY; Portland, OR; Sacramento, CA; San Antonio, TX; San Diego, CA; San Francisco, CA; San Jose, CA; Seattle, WA; Washington, DC List of cities that are considering adoption of Vision Zero nationally include: Ann Arbor, MI; Bellevue, OR; Bethlehem, PA; Chicago, IL; Columbia, MO; Houston, TX; Long Beach, CA; 1 http://who.int/vioience injury prevention/publications/road traffic/world report/chapterl.pdf 8 285 of 355 New Orleans, CA; Philadelphia, PA; Pittsburgh, PA; San Mateo, CA; Santa Ana, CA; Santa Cruz, CA; Santa Monica, CA; St. Paul, MN; Tampa, FL2 Vision Zeta- Samples: 1. San Francisco — In 2015, the City established a two-year action strategy that outlines the projects and policy changes to implement its Vision Zero goal of zero traffic deaths by 2024. The strategy adopts five core principles, such as: 1) traffic deaths are preventable and unacceptable; 2) safety for all road modes and users is the highest priority; 3) transportation system design should anticipate inevitable human error; 4) education, enforcement, and vehicle technology contribute to a safe system; and 5) transportation systems should be designed for speeds that protect human life.3 The strategy focuses on engineering, enforcement, education, evaluation, and policy changes that can be made to achieve their goals. The City is working on projects, such as: a. Creating protected bike lanes b. Building wider sidewalks c. Reducing traffic speeds The City is also exploring policy changes to state law that will allow the City to place traffic cameras near schools and senior centers to cite speeding drivers through automated speed enforcement.5 2. Los Angeles — the City has established a commitment to eliminate all traffic deaths by 2025. They have identified a network of streets, known as the High Injury Network (HIN)6, which maps out their areas of concern where they plan on making strategic investments in reducing deaths/severe injury. According to the City, only 6% of their city streets account for 213 of all deaths/severe injury for pedestrians. The City highlights the three following projects as part of their Vision Zero efforts': a. Installation of 22 new Leading Pedestrian Intervals (LPIs) at signals throughout the city, which gives pedestrians a head start against right -turning vehicles when crossing b. Installation of a pedestrian scramble at the intersection of Hollywood and Highland, which stops traffic in all four -directions during pedestrian crossing. c. Installation of curb extensions along Cesar E. Chavez Avenue in their HU, which reduces the crossing distance for pedestrians, narrows the intersections, and reduces speed for turning vehicles. San Francisco's Vision Zero Categories: I. Engineering — implement treatments and redesign streets to reduce the frequency and severity of collisions (i.e. using/implementing: high injury network maps, signal timing, high visibility crosswalks, bus stop lengths, etc.) 2. Enforcement — use data driven approach to cite and focus on violations of the California Vehicular Code and S.F. Transportation Code that identify as causative in severe and fatal collisions (i.e. explore implementation of E-citation Pilot, reporting on traffic collision data, police training, etc.) 2 http://visionzeronetwork.org/wp-content/uploads/2016102/VZ-map-April-20-2016-4.ipg 3 http://www.ioomag.com/magazine/vision-zero-san-francisco/0685197001423594455?short 4 http://visionzerosf.org/vision-zero-in-actionJengineering-streets-for-safety/ s http://visionzerosf.org/vision-zero-in-action/public-policy-for-change/ 6 http://Iadot.maps.arcgis.comJapps/Mapiournal/index.html?appid=488062fOOdb44efOa29bf481aa337cb3 'http://visionzero.Iacity.orgJactions/ 286 of 355 3. Education — coordinate among city departments to create citywide strategy for outreach and safety programs, such as Safe Routes to Schools. (i.e. education campaign includes — Safe Streets SF, large vehicle safe driving for municipal vehicles, etc.) 4. Evaluation — evaluate the impact of engineering, enforcement, education and policy efforts to provide recommendations for refinement (i.e. use of web -based data sharing and tracking systems for transparency and accountability). 5. Policy — support and mobilize local and state policy initiatives that advance Vision Zero (i.e. Advance Automated Safety Enforcement initiative at the state level, in -vehicle technology usage, partnering with state and federal agencies on administrative and legal issues, etc.) In its annual reporting, the City has established the following measures for successful benchmarks: • Decreasing total severe and fatal injuries • Decreasing the proportion of severe and fatal injuries in communities of concern to address social inequities • Decreasing medical costs at SF General Hospital relating to collisions • Increasing the number of engineering projects and miles of streets receiving safety improvements • Decreasing the speeds on SF streets • Increasing investigation and prosecution of vehicular manslaughter • Increasing public awareness of Vision Zero and traffic safety laws • Increasing policy changes made at the state and local levels to advance Vision Zero Toward Zero Deaths — The Federal Highway Administration (FHWA) within the United States Department of Transportation (USDOT) is committed to the vision of eliminating fatalities and serious injuries on national roadways. FHWA has a strategic goal of ensuring the "nation's highway system provides safe, reliable, effective, and sustainable mobility for all users."a It is essentially the national version of Vision Zero administered primarily through the Highway Safety Improvement Program (HSIP). At the state level, the California Office of Traffic Safety (OTS) has a mission to "effectively and efficiently administer traffic safety grant funds to reduce traffic deaths, injuries, and economic losses."9 They make available grants to local and state public agencies for traffic law enforcement, public traffic safety education, and other programs aimed at reducing fatalities, injuries, and economic loss from collisions. Support: City of Fremont, City of Los Angeles, City of Sacramento, City of San Francisco, City of San Jose, City of Santa Monica, and City of West Hollywood Opposition: One individual Fiscal Impact: Unknown. The costs to any particular city can vary tremendously depending on the level and scope of investment any particular city would seek to make. For example, the City of San Francisco has Vision Zero project costs ranging from $30,000 for pedestrian safety treatments up to $12,000,000 for a Streetscape project. The cost of any particular effort could be well below, above, and anywhere between those ranges for Vision Zero implementation. 8 http:J/safety.fhwa.dot.govftzdl http://www,ots.ca.gov/OTS and Traffic Safety/About OTS.asp 1n 287 of 355 Continent: 1) Policy committee members are encouraged to consider carefully how the adoption of the resolved clause in this resolution may affect the League's future policy when it comes to advocating for transportation funding and other existing priorities. While the clause "encouraging cities throughout California to join in these traffic safety initiatives to pursue the elimination of death and severe injury crashes on our roadways" provides an opportunity to highlight strategies that can be considered to improve transportation safety, two other aspects of the resolved appear to establish new policy for the organization in that it would "commit" the League to: ▪ Supporting Vision Zero, Toward Zero Deaths, and other programs, policies, or initiatives that prioritize transportation safety. • Encouraging the State to consider adopting transportation safety as a top priority for transportation projects and policy formulation. 2) Effects of various strategies to improve transportation safety can vary. According to an article published in the San Francisco Chronicle on March 26, 2016, deaths in San Francisco traffic were not falling despite Vision Zero efforts.10 The article notes that there were seven deaths in 2016, while there was only one in the first 10 weeks of 2015 and seven in 2014 during the same period. The San Francisco Department of Public Health commented that despite these incidents, it's too early to make any conclusions about Vision Zero's effectiveness. In Los Angeles, however, the city has cited significant decreases in severe and fatal injuries with implementation of certain technologies, such as installation of pedestrian scrambles. The success of Vision Zero in any particular city will likely depend on the level of investment and scope of the project(s) as the projects can vary widely. 3) In the fifth "Whereas" clause from the top, the word "principal" should be "principle." Existing League Policy: "The League supports additional funding for local transportation and other critical unmet infrastructure needs. One of the League's priorities is to support a consistent and continuous appropriation of new monies from various sources directly to cities and counties for the preservation, maintenance and rehabilitation of the local street and road system. New and additional revenues should meet the following policies: System Preservation and Ma.ytenance. Given the substantial needs for all modes of transportation, a significant portion of new revenues should be focused on system preservation. Once the system has been brought to a state of good repair, revenues tbr maintenance of the system would be reduced to a level that enables sufficient recurring maintenance. • Commitment to Efficiency. Priority should be given to using and improving current systems. Recipients of revenues should incorporate operational improvements and new technology in projects. • All Users Based System. New revenues should be borne by all users of the system from the traditional personal vehicle that relies solely on gasoline, to those with new hybrid or electric teclmology, to commercial vehicles moving goods in the state, and even transit, bicyclists, and pedestrians who also benefit from the use of an integrated transportation network. • Alternative Funding Mechanisms. Given that new technologies continue to improve the efficiency of many types of transportation methods, transportation stakeholders must be open to new alternative funding mechanisms Further, the goal of reducing greenhouse gases is also expected to affect vehicle miles traveled, thus further reduce gasoline consumption and revenue from the existing gas tax. The is http://www.sfchronicle.cam/bayareajartide/Deaths-in-S-F-traffic-not-faIling-despite-Vision-7182486.php 288 of 355 existing user based tee, such as the base $0.18-cent gas tax is a declining revenue source. Collectively, we must have the political will to push for sustainable transportation revenues. • Unified Statewide Solution. For statewide revenues, all transportation stakeholders must stand united in the search for new revenues. Any new statewide revenues should address the needs of the entire statewide transportation network, focused in areas where there is defensible and documented need. • Equity. New revenues should be distributed in an equitable manner, benefiting both the north and south and urban, suburban, and rural areas as well as being equally split between state and local projects. • Flexibility. Needs vary from region to region and city to city. New revenues and revenue authority should provide the flexibility for the appropriate level of government to meet the goals of the constituents. • Accountability. All tax dollars should be spent properly, and recipients of new revenues should be held accountable to the taxpayers, whether at the state or local level." da Additionally, the League adopted to "Increase Funding for Critical Transportation and Water Infrastructure" as its number one strategic goal for 2016. It reads, "Provide additional state and federal financial assistance and new local financing tools to help meet the critical transportation (streets, bridges, active transportation, and transit) and water (supply, sewer, storm water, flood control, etc.) infrastructure maintenance and construction needs throughout California's cities."I2 11 http://www.cacities.org/Resources-Documents/Policy-Advocacy-Section/Policy-Development/2016-Summarv- of-Existi ng-Policy-a nd-Guiding-P ri n ci.a s px 12 http://www.cacities.org/Secondary/About-Us/Strategic-Priorities A '] 289 of 355 LETTERS OF CONCURRENCE Resolution No. 1 VISION ZERO 290 of 355 Fremont July 21, 2016 Office of ll,e Mayor 3300 Capitol Avenue, Building A I P.O. Box 5006, Fremont, CA 94537-5006 510 284-4011 ph 1510 284-4001 fax I www.fremont.gov The Honorable Dennis Michael, President League of California Cities 1400 l( Street Sacramento, California 95814 RE: A RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES SUPPORTING THE ADOPTION AND IMPLEMENTATION OF INITITIAVES TO PRIOIRITZE TRAFFIC SAFEY THROUGHOUT CALIFORNIA Dear President Michael, The City of Fremont enthusiastically endorses the proposed resolution to support the implementation of initiatives to eliminate traffic deaths and severe injuries on our roadways. Fremont is among the early adopters of the Vision Zero traffic safety strategy. With City Council's approval of our Fremont Vision Zero 2020 action plan in March 2016, we are already seeing the benefits of building a safety first culture in our community. I strongly encourage other California cities to join a growing coalition of support for Vision Zero. Accordingly, we concur in the submission of the resolution for consideration by the League of Cities General Assembly at its annual meeting on October 5, 2016. Traffic fatalities in America hit a seven-year high in 2015 and is estimated to have exceeded 35,000 people. This is about double the average of peer nations and must be addressed. Safety of our residents and visitors is paramount and this is especially true on the roads and streets of our cities. We must put safety as the top priority for all users of our streets. It is fundamental for the prosperity of California cities as safe, efficient, organized transportation systems are essential for economically vibrant and sustainable communities, The City of Fremont has embraced Vision Zero and we are in strong support of expanded transportation safety in California cities and support the proposed Resolution. Sincerely, Bill Harrison Mayor 14 291 of 355 7. • esuxr, -i ; # �rrlIMrrr' If ru+, i c�ri*, 11 it[ 4f'YBFA �1�, CITY HALL LOS ANGELES, CALIFORNIA 9D012 August 2, 2016 The Honorable Dennis Michael President League of California Cities 1400 K Street Sacramento, California 95814 RE: League of California Cities Resolution Supporting Initiatives to Prioritize Traffic Safety Dear President Michael: We write in support of the proposed resolution to support the adoption and implementation of Vision Zero initiatives throughout California to eliminate traffic fatalities and injuries. Vision Zero and Towards Zero Deaths strategies have been adopted in cities throughout California, including the City of Los Angeles. Accordingly, we concur in the submission of the resolution for consideration by the League of Cities General Assembly at its annual meeting on October 5, 2016. Every year, more than 200 people are killed while trying to move around Los Angeles. Near!; half of the people who die on Los Angeles streets are people walking and bicycling,and an N pery people � alarming number of them are children and older adults. The safety of our residents and visitors is paramount. If we can realize Vision Zero throughout California, children will be safer walking to school, families will be safer going to the park, and commuters will be safer getting to work. The City of Los Angeles adopted Vision Zero as part of its Transportation Strategic Plan, and an executive directive was issued in 2015 directing its implementation. We are in strong support of Vision Zero in California, and we support the proposed Resolution. Sincerely, ERIC GARCETTI Mayor JOE BUSCAINO Councilmernber, 15th District League of California Cities Representative 292 of 355 OFFICE OF THE CITY COUNCIL JAY SCHENIRER COUNCILMEMBER DISTRICT FIVE CITY OF SACRAMENTO CALIFORNIA The Honorable Dennis Michael, President League of California Cities 1400 K Street Sacramento, California 95814 July 27, 2016 RE: RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES SUPPORTING THE ADOPTION AND IMPLEMENTATION OF INITIATIVES TO PRIORITIZE TRAFFIC SAFETY THROUGHOUT CALIFORNIA Dear President Michael, The City of Sacramento supports the proposed resolution to support the adoption and implementation of initiatives to prioritize transportation safety toward eliminating death and severe injuries on our roadways. Vision Zero and Towards Zero Deaths strategies have been adopted in many cities and Sacramento is currently developing its own Vision'Zero Action Plan. Accordingly, we concur in the submission of the resolution for consideration by the League of Cities General Assembly at its annual meeting on October 5, 2016. Traffic fatalities in America hit a seven-year high in 2015 and are estimated to have exceeded 35,000 people. This is about double the average of peer nations and must be addressed. Safety of our residents and visitors is paramount and this is especially true on roads and streets of our cities. We must put safety as a top priority for all users of our streets. It is fundamental for prosperity of California cities as safety, efficient, organized transportation systems are essential for economically vibrant and sustainable communities. The City of Sacramento is in strong support of prioritized and expanded transportation safety in California cities and supports the proposed Resolution. Sincerely, Jay Scheni Chair, Law cil Member lation Committee 915 I STREET 5th FLOOR, SACRAMENTO, CA 95814-2604 PH 916-808-7005 • FAX 293 of 355 schenirer % cityofsacramento.org THE CITY OF SAN DIEGO August 9, 2016 The Honorable Dennis Michael, President League of California Cities 140o K Street Sacramento, CA 95814 Dear President Michael: RE: A resolution of the league of California Cities Supporting the Adoption and Implementation of Initiatives to Prioritize Traffic Safety throughout California The City of San Diego Transportation & Storm Water Department supports the proposed resolution to support the adoption and implementation of initiatives to eliminate death and severe injuries on our roadways. Vision Zero and Towards Zero Deaths strategies have been adopted in numerous cities throughout California, including the City of San Diego (Attachment 1). Accordingly, we concur in the submission of the resolution for consideration by the League of Cities General Assembly at its annual meeting on October 5, 2016. Traffic fatalities in America hit a seven-year high in 2015 and is estimated to have exceeded 35,000 people. This is about double the average of peer nations and must be addressed. Safety of our residents and visitors is paramount and this is especially true on the roads and streets of our cities. We must put safety as the top priority for all users of our streets. It is fundamental for the prosperity of California cities as safe, efficient, organized transportation systems are essential for economically vibrant and sustainable communities. The City of San Diego Transportation & Storm Water Department has embraced Vision Zero/Towards Zero Death and I am in strong support of expanded transportation safety in California cities and support the proposed Resolution. Sincerely, Kris McFadden Director Attachment: A Resolution of the Council of the City of San Diego Adopting a Vision Zero Plan to Eliminate Traffic Fatalities and Serious Injuries in the Next Ten Years cc: Katherine Johnston, Director of Infrastructure and Budget Policy, Office of the Mayor Kristin Tillquist, Director of State Government Affairs, Office of the Mayor Vic Blanes, Assistant Director, Transportation & Storm Water Department Linda Marabian, Deputy Director, Traffic Engineering Operations Transporiation & Storm Water Department 202 (Str 294 of 355 SM Triage, CA S2101 Tel {619) 236.6570 DIVERSITY (R-2016-155) RESOLUTION NUMBER R- 310 0 4 2 DATE OF FINAL PASSAGE NOV 0.3 2.015 A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN DIEGO ADOPTING A VISION ZERO PLAN TO ELIMINATE TRAFFIC FATALITIES AND SERIOUS INJURIES IN THE NEXT TEN YEARS, WHEREAS, on average one person each day is seriously injured or killed on the road while walking, bicycling, or driving the streets of San Diego; and, WHEREAS, the City has adopted numerous studies and plans that outline design concepts to improve safety for people walking and biking in the City including a Pedestrian Master Plan and Bicycle Master Plan; and, WHEREAS, the City of San Diego's draft Climate Action Plan proposes to achieve 50 percent of commuter mode share for walking, biking and transit use in transit priority areas by 2050 and safer conditions for walking and biking can help implement this Plan; and, WHEREAS, the City will increase in population by approximately 30 percent by 2050 and the majority of growth will result from infill development thereby increasing demand for safe walking and bicycling; and, WHEREAS, communities in San Diego have prioritized infrastructure projects that improve walking and biking safety among other project types as represented by the Community Planning Committee report to Infrastructure Committee in November 2013; and, WHEREAS, the City incurs costs to respond to lawsuits alleging the City's failure to provide safer streets; and, WHEREAS, restoring infrastructure in the City is a priority of the Council and Mayor; and, -PAGE 1 OF 3- 18 295 of 355 (R-2016-155) WHEREAS, Vision Zero provides a framework for reducing traffic deaths to zero through a combination of safe engineering measures, education, and enforcement practices; and, WHEREAS, Vision Zero has been adopted in many cities throughout the country, most notably in New York City which has seen the lowest number of pedestrian fatalities in its first year of implementation since documentation began in 1910; and, ',WHEREAS, Circulate San Diego is convening an Advisory Committee to advance Vision Zero Goals; NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Diego, that it hereby adopts a goal of eliminating traffic deaths and serious injuries by 2025; and BE IT FURTHER RESOLVED, by the Council of the City of San Diego, that it urges City staff from the Mayor's office, Transportation and Stormwater Department, San Diego Police Department, and a representative of the City's Bicycle Advisory Committee to attend meetings of Circulate San Diego's Vision Zero Advisory Committee for a limited time to develop a traffic safety plan that will help the City reach the goal of zero traffic deaths and serious injuries; and BE IT FURTHER RESOLVED, that the Traffic safety plan will be guided by innovative engineering solutions to improve. road safety for all users, especially the most vulnerable; will measure and evaluate performance annually; and will include enforcement and education strategies to prevent the most dangerous behaviors that cause public harm, especially along the corridors where collisions are most frequent. -PAGB2OF3- 296 of 355 (R-2016-155) APPROVED: JAN I. GOLDSMITH, City Attorney By Thomas C. Zel Deputy City Att TCZ:cfq September 24, 2015 Or.Dept:Envir. Comm. Doc. No.: 1116742 I certify that the forsitise�lution was passed by the Council of the City of San Diego, at this meeting of #�� Approved: Ivy's II ate) Vetoed: ELIZABE S. MAL City CI 1 4 By ep`S,i r • er KEVIN L. FAUL ONER, Mayor (date) KEVIN L. FAULCONER, Mayor -PAGE 3 OF 3- 20 297 of 355 Passed by the Council of The City of San Diego an OCT 27 2015 , by the following vote: Councilmembers Yeas Nays Not Present Recused Sherri Lightner 121 ❑ ❑ ❑ Lorie Zapf V ❑ 0 ❑ Todd Gloria V 0 0 ❑ Myrtle Cole [l ❑ ❑ Mark Kersey 7. 0 ❑ 0 Cris Cate V 0 ❑ ❑ Scott Sherman V ❑ 0 0 David Alvarez ❑ 0 VI ❑ Marti Emerald J 0 0 0 Date of final passage NOV 2015 (Please note: When a resolution is approved by the Mayor, the date of final, passage is the date the approved resolution was returned to the Office of the City Clerk) KEVINL. FAULCONER AUTHENTICATED BY: Mayor of The City of San Diego, California, (Seal) Office of the City Clerk, San Diego, California Resolution Number R- 111 0042 298 of 355 OFFICE OF THE MAYOR SAN FRANCISCO August 1, 2016 The Honorable Dennis Michael President, League of California Cities 1400 K Street Sacramento, CA 95814 EDW1N M. LEE MAYOR Re: Resolution of the League of California Cities Supporting the Adoption and Implementation of initiatives to Prioritize Traffic Safety Throughout California Dear President Michael, On behalf of the City and County of San Francisco, 1 am writing to express my support for the proposed resolution to support the adoption and implementation of initiatives to eliminate death and severe injuries on our roadways. Vision Zero and Towards Zero Deaths strategies have been adopted in numerous cities throughout California including San Francisco, San Jose, San Mateo, San piego, Los Angeles, Santa Barbara, and Santa Monica. Accordingly, 1 encourage the submission of the resolution to support Vision Zero, Toward Zero Deaths, and other initiatives that make traffic safety a priority, which will be considered by the League of Cities General Assembly at its annual meeting on October 5, 2016. Every year in San Francisco, approximately 30 people lose their lives and over 200 more are seriously injured while traveling on our streets. These deaths and injuries are unacceptable and preventable, and the City is strongly committed to stopping further loss of life. San Francisco adopted Vision Zero as a policy in 2014, committing to build better and safer streets, educate the public on traffic safety, enforce traffic laws, and adopt policy changes that save lives. Our goal is to create a culture that prioritizes traffic safety and to ensure that mistakes on our roadways do not result in serious injuries or deaths. The safety of our residents and the over 18 million visitors that use our streets each year is paramount, and the same holds true for cities across the California, which need safe, efficient, and organized transportation systems to support economically vibrant and sustainable communities. The City and County of San Francisco has embraced Vision Zero, and I am in strong support of expanded transportation safety in California cities and, in turn, the proposed Resolution. Sincerely, 1 DR. CARLTON B. GOoDLETr PLACE, ROOM 200 SAN FRANCISCO, CALIFORNIA94102-4681 TELEPHONE: (415) 554-5141 299 of 355 City of July 21, 2016 Mayor Tony Vazquez Mayor Pro Tempore Ted Winterer Coundlmembers Gleam Davis Sue Himmelrich Kevin McKeown Pam O'Connor Terry O'Day The Honorable Dennis Michael, President League of California Cities 1400 K Street Sacramento, California 95814 RE: THE LEAGUE OF CALIFORNIA CITIES CONSIDERATION OF 1NITITIAVE5 TO PRIDIRITZE TRAFFIC SAFEY THROUGHOUT CALIFORNIA Dear President Michael: The City of Santa Monica supports initiatives to eliminate death and severe injuries on our roadways. Vision Zero and Towards Zero Deaths strategies have been adopted in numerous cities throughout California, leading to the submission of the resolution for consideration by the League of Cities General Assembly at its annual meeting on October 5, 2016, The Clty of Santa Monica embraced Secretary Anthony Foxx's Mayor's Challenge for Safer People, Safer Streets in March 2015. Simultaneously, the Council directed staff to initiate work on Vision Zero and 8-80 cities —a movement created by Gil Penalosa, to make cities that work for people aged 8 to 80. Combined, these two efforts alm to create streets that are safe and comfortable for people In all modes and of all abilities. In February 2016 the Santa Monica City Council adopted a Vision Zero target in our first Pedestrian Action Plan. We are now actively working to incorporate these visionary targets into City operations. Our City cares deeply about the safety of our people, and their ability to access good, services, education, social networks and employment. Creating a New Model for Mobility is one of the Council's Five Strategic Goals, Identified to organize and advance work on our top priorities. A safe mobility network supports our urgent need to provide transportation options that reduce greenhouse gas emissions, and provide equitable access to places and activities that support community Wellbeing. Reducing and ultimately eliminating severe injury and fatal crashes part of a resilient, safe and prosperous community. Traffic fatalities in America hit a seven-year high in 2015 and is estimated to have exceeded 35,000 people. This is about double the average of peer nations and must be addressed. Safety of our residents and visitors is paramount and this is especially true on the roads and streets of our cities. We must put safety as the top priority -for all users of our streets. It is fundamental for the prosperity of California cities as safe, efficient, organized transportation systems are essential for economically vibrant and sustainable communities, The Clty of Santa Monica has embraced Vision ZerofTowards Zero Deaths and I am In strong support of expanded transportation safety in California cities. Sincerely, elat Tony azquez Mayor 1685 Main Street • PO Box 2200 • Santa Monica • CA 90407-2200 tel: 310 458-8201 a fairRtn aaa-t 21 • e-mail: council@smaov.net 300 of 355 .n�.... 'm•. •r, ^,F ., s ■r i•i�iwR6 ■i111M uAi RP# iw■ i C■ MN G•Q■ ri■ C4t Weal Hoaywood CaIon;a 1VO ET! t'JEZT 11LLY!OO 41 CrrY HAu. 3300 SANTA MONICA BLVD. WEST HOLLYWOOD, CA 90069-6216 'TEL: (323) 848-6460 FAx:(323) 848-6562 OFFICE OF THE ITV MANAGER PA!JL AREVALO CYrY MANAGER July 21, 2016 The Honorable L. Dennis Michael, President League of California Cities 1400 K Street Sacramento, California 95814 RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES SUPPORTING THE ADOPTION AND !IMPLEMENTATION OF INITITIAVES TO PRIOIRITZE TRAFFIC SAFEY THROUGHOUT CALIFORNIA- SUPPORT Dear President Michael: The City of West Hollywood supports the proposed resolution to support the adoption and implementation of initiatives to eliminate death and severe injuries on our roadways. Vision Zero and Towards Zero Deaths strategies have been adopted in numerous cities throughout California. Accordingly, we concur in the submission of the resolution for consideration by the League of Cities General Assembly at its annual meeting on October 5, 2016. Traffic fatalities in America hit a seven-year high in 2015, and it is estimated to have exceeded 35,000 people. This is about double the average of peer nations and must be addressed. Safety of our residents and visitors is paramount and this is especially true on the roads and streets of our cities. We must put safety as the top priority for all users of our streets. It is fundamental for the prosperity of California cities as safe, efficient, organized transportation systems are essential for economically vibrant and sustainable communities. The City of West Hollywood is in strong support of expanded transportation safety in California cities and support the proposed Resolution. Sincerely, Paul Arevalo, CITY MANAGER c: Honorable Members of the West Hollywood City Council tSTVJ MIMEO 24 301 of 355 CC/CDC-HA Agenda 10/4/2016 — Page 302 The following page(s) contain the backup material for Agenda Item: Report from the Civil Service Commission to the City Council of the City of National City. (Human Resources) 302 of 355 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 4, 2016 AGENDA ITEM NO. ITEM TITLE: Report from the Civil Service Commission to the City Council of the City of National City PREPARED BY: Lilia Munoz PHONE: 336-4309 EXPLANATION: DEPARTMENT: Human Resources APPROVED Blfr: Pursuant to City of National City Municipal Code Title 16, Section 16.09.020, the chair of each commission shall appear before the City Council on an annual basis and present a brief report on the activities and accomplishments of the commission. With this item, staff brings before you the chair's report on the activities of the Civil Service Commission for the period January, 2015 through May, 2016. This report covers an expanded period (17 months instead of the required 12), intended to provide the most current report of commission activities. Future reports will be filed annually and will cover a 12-month period. FINANCIAL STATEMENT: ACCOUNT NO. There is no direct fiscal impact associated with this item. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and file report. BOARD / COMMISSION RECOMMENDATION: The Civil Service Commission voted unanimously to approve and submit the report at their meeting of July 14, 2016. ATTACHMENTS: Report from Civil Service Commission 303 of 355 CALIFORNIA Nail, NAL etry `NCORPO R E DATE: October 4, 2016 TO: Mayor and City Council FROM: Fred Puhn, Chairperson to the Civil Service Commission SUBJECT: Report from the Civil Service Commission to the City Council of the City of National City BACKGROUND The Civil Service Commission (CSC) is a five member Commission: Chairperson Fred A. Puhn Vice Chairperson David E. Garcia Commissioner Rafael S. Courtney Commissioner Leslie Coyote Commissioner William J. Sendt As defined by City of National City Municipal Code Section 16.02.050, it is the authority of the CSC to: A. Determine the order of business for the conduct of its meetings and hold regular meetings once every other month, and such special meetings as are necessary on call of the chair or a majority of the members of the commission after at least twenty-four hours' written notice has been posted and served upon the members. A majority of the members of the commission shall constitute a quorum for the transaction of business. A majority of a quorum vote is necessary to act upon a matter. All meetings shall be conducted in compliance with the Ralph M. Brown Act (the "Open Meeting Law," California Government Code Section 549850 et seq.) B. Act in an advisory capacity to the city council and the director of human resources on personnel matters in the city service, and when requested by the city council or the director of human resources, hold hearings and make recommendations on any matter of personnel administration. C. Hear appeals submitted by persons in the competitive service, or candidates for a position in the competitive service, relative to any alleged infringement upon their rights and privileges granted by this title or the civil service rules, and certify its findings and recommendations. 304 of 355 Civil Service Commission Report from the Civil Service Commission to the City Council of the City of National City October 4, 2016 Page 2 D. In any investigation or hearing conducted by the commission, have the power to examine witnesses under oath and compel their attendance or production of evidence by subpoena issued in the name of the city and attested by the city clerk. It shall be the duty of the chief of police or his/her designee to cause all such subpoenas to be served, and refusal of a person to attend or to testify in answer to such a subpoena shall subject the person to prosecution in the same manner set forth by law for failure to appear before the city council in response to a subpoena issued by the city council. Each member of the civil service commission shall have the power to administer oaths to witnesses. E. Publish and post notices of the examinations for positions in the competitive service, receive applications therefore, conduct and score examinations, and certify to the appointing power a list of all persons eligible for appointment in the appropriate class in the competitive service. The civil service commission shall cause the duties imposed upon it by this paragraph to be performed by the director of human resources. F. Keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record unless the city attorney determines otherwise. (Ord. No. 2013-2381, § 1, 2-5-2013) The purpose of this report is to provide the City Council with a report of the activities of the CSC for the period January, 2015 through May, 2016. DISCUSSION The Municipal Code calls for the CSC to meet every other month, for a total of six times a year. During the period under discussion, the CSC held a total of five meetings. Three meetings were cancelled as there were no business items pending. Scheduled Meeting Date January 22, 2015 March 12, 2015 May 14, 2015 July 9, 2015 September 10, 2015 November 12, 2015 January 14, 2016 March 10, 2016 Outcome Meeting held Meeting held Meeting cancelled Meeting held Meeting held Meeting cancelled Meeting cancelled Meeting held Attendance All present with one vacancy All present N/A One commissioner absent One commissioner absent N/A N/A All present 305 of 355 Civil Service Commission Report from the Civil Service Commission to the City Council of the City of National City October 4, 2016 Page 3 At said meetings, the CSC: • Approved the creation of five new classifications o Administrative Technician o Animal Regulations Officer o Director of Neighborhood Services o Plans Examiner o Police Dispatch Supervisor • Suspended Competition, allowing for the internal promotion of two employees that had been performing the hire level duties for an extended period of time • Amended Civil Service Rule II, Section 206A, expanding the Career Advancement Program to include Junior Engineer -Civil • Held two training sessions o Brown Act o Employment Law Update 306 of 355 CC/CDC-HA Agenda 10/4/2016 — Page 307 The following page(s) contain the backup material for Agenda Item: Dispensing with the January 3, 2017 Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City. (City Clerk) 307 of 355 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 4, 2016 AGENDA ITEM NO. ITEM TITLE: Dispensing with the January 3, 2017 Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City. (City Clerk) PREPARED b Michael R. Dalla PHONE: 619-336-4226 EXPLANATION: See attached memo. DEPARTMENT: City Clerk APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance STAFF RECOMMENDATION: Adopt a motion dispensing with the January 3, 2017 Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City. BOARD ! COMMISSION RECOMMENDATION: ATTACHMENTS: Memo to the Mayor and Members of the City Council 308 of 355 October 4, 2016 TO: FROM: SUBJECT: City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-4397 619-336-4226 Michael R. Dalla —City Clerk Honorable Mayor and City Council Michael Dalla, City Clerk Dispensing with the Regular Meeting of January 3, 2017 The City Council approved work furlough will result in City Hall being closed from December 21, 2016 until January 4, 2017. Consequently, the first Regular Council Meeting of the New Year will be on January 17, 2017. It will, therefore, be necessary to dispense with the Regular Meeting of January 3, 2017. RECOMMENDATION In order to provide the public with proper notice of the January meeting schedule, it is recommended that you Adopt a motion dispensing with the January 3, 2017 Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City. 309 of 355 CC/CDC-HA Agenda 10/4/2016 — Page 310 The following page(s) contain the backup material for Agenda Item: 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 310 of 355 CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY COUNCIL AGENDA STATEMENT MEETING DATE: October 4, 2016 AGENDA ITEM NO. ITEM TITLE: 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 Community HousingWorks, Inc., a California non-profit public benefit corporation, and Mercy Housing California, Inc., a California non-profit public benefit corporation for the recapitalization and rehabilitation of Kimball and Morgan Towers located at 1317 and 1415 D Avenue in National City. PREPARED BY: Carlos Aguirre, Housing & Economic Development Manager PHONE: 619-336-4391 EXPLANATION: See Attachment No. 1. DEPARTMENT: Housing & Economic Fa- llopment APPROVE FINANCIAL STATEMENT: APPROVED: APPROVED: See Financial Impact Statement in Attachment No. 1. ACCOUNT NO. MIS ENVIRONMENTAL REVIEW: Approval of the exclusive negotiating agreement is not a "Project" under section 15378 of the California Environmental Quality Act ("CEQA") Guidelines because the proposed action consists of administrative activity that will not result in direct or indirect physical changes to the environment and, as such, pursuant to section 15061(b)(3) of the CEQA Guidelines is not subject to CEQA. ORDINANCE: INTRODUCTION: I FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution. BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Attachment No. 1: Staff Report Attachment No. 2: Community HousingWorks & Mercy Housing California Presentation Attachment No. 3: Correspondence received about RFQ process Attachment No, 4: Exclusive Negotiating Agreement with RFQ attached as Exhibit 'A" Attachment No. 5: Resolution' 311 of 355 Attachment No. 1 Staff Report COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY STAFF REPORT October 4, 2016 Item: Resolution of the Community Development Commission -Housing Authority of the City of National City (CDC -HA) authorizing the Executive Director to execute an Exclusive Negotiating Agreement ("ENA") by and between the CDC -HA and Community HousingWorks, Inc., a California non-profit public benefit corporation, and Mercy Housing California, Inc., a California non-profit public benefit corporation for the recapitalization and rehabilitation of Kimball and Morgan Towers located at 1317 and 1415 D Avenue in National City. Background: Kimball and Morgan 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 community health clinic, and other civic facilities. The senior housing site is zoned for high density residential development. 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 that included the expansion of the affordable housing on the Towers site. 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. On March 4, 2016, the CDC-HA's Board of Commissioners was presented with a draft Request for Qualifications ("RFQ") to provide direction in considering qualified development teams for the recapitalization and rehabilitation of the Towers. The RFQ process presented was modeled after the RFQ previously issued in March 2010 for the Kimball and Morgan Tower Enhancement and Expansion Project. The CDC -HA was supportive and voted in favor of staff issuing the RFQ as drafted. The draft RFQ incorporated a Selection Committee to be composed of experienced professionals and community members with working knowledge of affordable housing development, public finance, and community needs that could deliberate on and rank RFQ submissions with respect to the goals, objectives, and scoring criteria provided in the RFQ. The RFQ is included in the Staff Report as Exhibit "A" of the ENA. The RFQ was issued on March 24, 2016 on the City of National City's website. The RFQ was also sent electronically to developers that had showed interest in the development of affordable 1 312 of 355 Attachment No. 1 Staff Report housing in National City or that had specifically inquired about working on Kimball and Morgan Towers, including those that were invited or responded to the RFQ issued in March 2010. Development Team Selection Process This Request for Qualifications solicited responses from professional affordable housing development teams and considered the following criteria: 1. Experience and qualifications (Max. Score: 25) 2. Leveraging of non -CDC -HA resources (Max. Score: 20) 3. Financial Capacity (Max. Score: 20) 4. Operating Experience (Max. Score: 20) 5. Resident Services and Involvement (Max Score: 15) Housing staff reviewed the RFQ submissions first for completeness and, on the week of May 30, 2016, delivered copies of the eight RFQ submittals to each member of the Selection Committee. The eight development teams that responded to the RFQ are listed here: 1. Affirmed Housing, WNC, RAHD, & Thompson Construction 2. Bridge Housing 3. Chelsea & Serving Seniors 4. Community HousingWorks & Mercy Housing California 5. EAH Housing 6. Highridge Costa 7. HW Development & Day Builders 8. National CORE & Reiner Communities The Selection Committee convened on Monday, June 6, 2016 to review and score each submission in an effort to select the project development teams who would be invited to interview. The Selection Committee selected five RFQ proposals for interviews scheduled for Monday, June 13, 2016. After the interviews were completed, the Selection Committee scored the development teams interviewed based on the RFQ's criteria taking into consideration the quality of each interview with the Selection Committee. By calculating an average of all cumulative scoring provided by each Selection Committee Member, the development team consisting of Community Housing Works and Mercy Housing California ranked the highest overall out of a total of 100 points: 1. Community HousingWorks & Mercy Housing California (Overall Score: 83.4) 2. Bridge Housing (Overall Score: 81.6) 3. Chelsea & Serving Seniors (Overall Score: 77.8 ) 4. National CORE & Reiner Communities (Overall Score: 77.5) 5. Affirmed Housing, WNC, RAHD, & Thompson Construction (Overall Score: 70.6) 2 313 of 355 Attachment No. 1 Staff Report Morgan -Kimball Community Partners Letter The City Council and City Staff received a letter ("Letter") dated July 11, 2016, included under Attachment No. 3 of the staff report, on behalf of development team consisting of Affirmed Housing, WNC, RAHD, & Thompson Construction and referred to in the Letter as Morgan -Kimball Community Partners. The Letter thanked staff for their efforts in managing the RFQ but expressed concerns with the process and suggested that the CDC -HA Board of Commissioners should have played greater role in the RFQ selection process. The public had the opportunity to comment on the RFQ process when it was introduced for discussion at a public meeting of the CDC -HA on March 4, 2016, but no comments were received. The CDC -HA Board of Commissioners directed staff to issue the proposed RFQ as drafted which incorporated a Selection Committee of affordable housing and public finance professionals and community members to deliberate over the RFQ submissions and select a development team for further consideration by the CDC -HA. National City Chamber of Commerce Letter The City Manager received a letter ("Chamber's Letter") from National City Chamber of Commerce included under Attachment No. 3 of the staff report. The Chamber's Letter suggested that the CDC -HA conduct a Request for Proposals (RFP) instead of working through an exclusive negotiations agreement with the development team selected through the Request for Qualifications (RFQ). An RFP process would require that every development team considered invest substantially more time and resources in due diligence including but not limited to performing or procuring extensive studies with regards to the capital assets and current financial conditions and projections for the project. The CDC -HA would also have to procure additional financial and other consultants to fully review all of the proposals submitted through an RFP, instead of working closely with the RFQ development team selected to exclusively negotiate the best terms and conditions with the CDC -HA for the project. Recommendation: The development team formed by Community HousingWorks and Mercy Housing California scored the highest among those interviewed and their qualifications indicate the ability to deliver on the goals and objectives outlined in the Request for Qualifications issued by the CDC -HA. Staff recommends that the Board of Commissioners adopt the Resolution authorizing the Executive Director to execute the Exclusive Negotiating Agreement included as Attachment No. 4 to the Staff Report. Fiscal Impact Statement: Each party shall be responsible for its own costs and expenses in connection with any activities and negotiations undertaken in connection with the performance of its obligations under the ENA. The CDC -HA has budgeted for consultants needed to complete negotiations through Account No. 532-419-462-209-0000 and Account No. 532-419-462-213-0000 through the end of Fiscal Year 2016-2017. The CDC -HA estimates its total cost for legal and financial consultants should not exceed a total of $20,000 during the negotiation period. 3 314 of 355 Attachment No. 2 CHW/Mercy Presentation REQUESTO.R .QUALI FICATIO NS COMMUNITYDDEVELOPMENT COMMISSION-HOUSINGAU:THORITY' PARTNERS AND ROLES • Community HousingWorks (CHW) — Lead General Partner • Nonprofit • Lead for Design, Construction, Finance • Asset Manager overseeing Property Management • Mercy Housing California (MHC) — Co -General Partner • Nonprofit • Collaborate and provide expertise during design and development • Property Manager • Resident Services Provider 'y ■ Proven successful partners, same roles La Costa Paloma I Carlsbad 180 units, completed 2005 315 of 355 1 Attachment No. 2 CHW/Mercy Presentation RESPONSE TO CITY'S RFQ • City's Criteria in RFQ • Experience and Qualifications • Other Key Development Team Members • Financial Capacity • Leveraging Financing • Operating Experience • Resident Services and Involvement MOM/ roaoguncAnoms ism raVA EXPERIENCE AND QUALIFICATIONS ■ Partners Combined • CHW and MHC developed, own and operate almost 12,000 affordable apartments, over 200 CA properties plus additional 10,000 apartments if add MH national • 138 HUD -related financed • Community HousingWorks • Almost 30 years, San Diego • Developer / owner; long-term owners, on -time, on -budget development • Portfolio: Approximately 2,900 apartments, 35 apartment communities • Sole or lead developer on all (exception: Paradise Creek) • 4 developments outside of San Diego (L.A. area, Fresno, Concord) • 23 acquisition /renovations, 8 HUD -financed (including project -based Section 8) • Seniors: 2 new construction in process (San Diego, Oceanside), 1 existing, over 500 seniors • Community Partners (RFQ support letters for team by SDOP, EHC) • Member of NeighborWorks Network®; Award -winning affiliate of National Council of La Raza (NCLR); NLR Member of Housing Partnership Network (HPN) North Park Seniors I San Diego merCy 316 of 355 2 Attachment No. 2 CHW/Mercy Presentation EXPERIENCE AND QUALIFICATIONS • Community HousingWorks • Affordable Housing Finance (AHF) Magazine: Top 50 Affordable Developers • Won numerous awards — Urban Land Institute (ULI), Local and Regional, Gold Nuggets, Best Overall Project AHF Magazine, etc. • HUD Finance Experience • Novogradac: national tax credit accounting and consulting organization — won awards for HUD acquisition/renovations: • 2010: Development of Distinction: Innovative HUD Finance • 2015: Development of Distinction: Preservation • Relevant Projects: Portfolio • Occupied Rehabs • National speaker on our rehab / relocation procedures, ., • "concierge", etc. Poway Vtllas Poway • Extend productive life; reduce operating costs (energy/water); resident comfort / amenities • Temporary Relocation- critical component, especially for senior residents • Sustainability: Nationally recognized leader, core commitment, every project assessed mercif EXPERIENCE AND QUALIFICATIONS • Mercy Housing California • Almost 30 years, California • San Diego area projects: La Costa Paloma, Cantebria Seniors (Encinitas), Mercy Gardens (Hillcrest) • Developer / owner, long term stewards. Member, Housing Partnership Network • Developed 9,000 affordable apartments, plus 3,000 ownership • 2,200 senior apartments in 35 senior developments • 3,500 apartments in 65 developments that were acquisition/renovation • Affordable Housing Finance Magazine: Top 50 Affordable Developers • Multiple awards, Affordable Housing Finance Magazine best overall project, Terner Prize for Innovation, Urban Land Institute (ULI) • On -time, on -budget • HUD Finance Experience: • Over 60 projects involving HUD • Substantial experience, including RAD • Multiple 12+ story projects St rys Tow, Long Beocr Cantebria Senior Homes I Encinitas CHW 317 of 355 3 Attachment No. 2 CHW/Mercy Presentation EXPERIENCE AND QUALIFICATIONS ■ Mercy Housing California • Health and Housing - National leader to break down silos of spending on health and housing. - Occupied Rehabs • Staff dedicated solely to temporary relocation in occupied rehabs. Proposal identified Relocation Manager - Temporary Relocation Phasing Plan • Resident Meetings - Successful program in over 35 occupied rehabs - Sustainability • Fundamental part of mission - Regular part of due diligence assessments Mission Creek I San Francisco EXPERIENCE AND QUALIFICATIONS • Key Team Members • General Contractor: ICON Builders • 20,700 apartments; 18 senior towers • HUD experience 13,500 apartments in 108 projects • CHW and Mercy have each worked with ICON • Architect: Eagan Simon Architecture • Experienced in tax credit apartments, towers • Sustainability, expert team for building systems • Counsel (HUD): Nixon Peabody • National experts St. Mory's Tower Lono Beach • Partner; former HUD Deputy General Council • Tax Credit and Financial Consultant: CA Housing Partnership Corporation (CHPC) • Experts, regularly work with CHW and Mercy • Case Studies (CHW HUD projects) Norwalk Tower I Norwalk CHW 1-13USAG 318 of 355 4 Attachment No. 2 CHW/Mercy Presentation FINANCIAL CAPACITY • Two Financially Sophisticated Non -Profits • Community HousingWorks • $12 million in Housing Futures Funds (working capital) • Regularly obtains best terms — 4 projects (2 new, 2 acquisition/rehab) in 2016 obtained tax -credit pricing • Portfolio value close to $550 million, with another $350 million in pipeline • Mercy Housing California • Assets over $2.2 billion • Cash and equivalents of $38 million • Financials included in Qualifications package highest LEVERAGING FINANCIAL RESOURCES • RFQ notes importance of leveraging outside resources, private investment • Tax Credit and State/Federal Fund Experience • CHW: 30 tax credit awards, serve as invited members of advisory groups to CTCAC • Mercy: Over 100 tax credit awards • Both experienced successful for FHLB (AHP), HOME, MHP, other state program funds • Debt and Equity • Reference Letters in RFQ: Union Bank, Bank of America, Wells Fargo, RED Capital, National Equity Fund (NEF), Citi • Best terms for both developers • CHW: Member of prestigious national NeighborWorks network, only organization in the San Diego area, advantages for funding • Annual Grants • CHW: $2 million • Mercy: $2.5 - $3 million NghborWorlcs. Hn'teCHW r 5 319 of 355 5 Attachment No. 2 CHW/Mercy Presentation LEVERAGING FINANCIAL RESOURCES • Conceptual Proposal in RFQ Response • Includes renovation of Morgan and Kimball Towers, plus Senior Nutrition Center • Ground Leases from city on both buildings, with long term regulatory agreements on affordability, age restrictions • Purchase of buildings, rehab • Tax credit (4%) equity for each building, mortgages on each building • New HUD Project Based Section 8 contract for Morgan • Seller Notes held by City (annual payment from cash flow) — no cash outlay • Cash to City: Over $20 million cash (total of both projects) at close of escrows, plus annual cash flow payments on Seller Notes • Additional Cash: If obtain Project Based Section 8 contract for Kimball, total cash to city increases to approximately $25 million • Lease -back Senior Nutrition Center to city for $1/year; city would continue operating • Assume all residents are income -qualified for tax credits • Work with City to Structure Addressing City's Financial Priorities • Conceptual only OPERATING EXPERIENCE • Mercy Housing Management (MHC): Property Manager • Manages all 17,000 affordable apartments in Mercy's portfolio • 95% rent collection by end of the month on all portfolio • National model for effective management of resident -focused affordable housing. • Goals: • High quality customer service • No deferred maintenance • Immediate emergency response • Management plan • Community engagement • MHM - integral part of the Mercy Housing team Vora Haile Senior iSan Francisco MOM 320 of 355 6 Attachment No. 2 CHW/Mercy Presentation RESIDENT SERVICES AND INVOLVEMENT • Mercy Housing : Resident Services Provider • Resident services program serving 3,175 seniors at 34 senior communities in California • Value involvement of community members • Not cookie -cutter; directed to community and residents • Early meetings with neighborhood associates and residents, community and city leaders ■ Started that outreach with RFQ — support letters from SDOP and EHC • Reduction of senior isolation- values importance of community participation - prevention of isolation, reduction of conflict, promoting pride, building leadership skills • Resident Services Coordinator creates strategies that link residents with needed services wiusfnerwiNG RESIDENT SERVICES AND INVOLVEMENT ■ Mercy Housing: Healthcare and Housing Initiative • National initiative rolled out in 2014 • Linkage between healthcare and housing • Expanding resident services through third -party partnerships, serving highest healthcare users • Health services coordination to all residents • In 2015, Mercy Housing invited part of 10-member cabinet of national association, Leading Age, on the future of affordable senior housing • For Kimball Morgan RFQ, Mercy reached out to Scripps Health — letter of interest included: • "Kimball Morgan Tower development provides a key opportunity to Scripps further explore innovative programs." CHW "'e1 4' 321 of 355 7 Attachment No. 2 CHW/Mercy Presentation CONCLUSION ■ Work with city during ENA period to determine city's goals and objectives in structuring the best plan ■ Residents ■ Physical Rehab ■ Finance ■ Plan for both existing and future senior residents ■ Due diligence ■ Thank you! e"'""""` AP HOUSING 322 of 355 8 Attachment No. 3 Correspondence MORGAN - KIMBALL COMMUNITY PARTNERS July 11, 2016 Carlos Aguirre Community Development Manager Housing, Grants, and Asset Mgmt. Dept. City of National City 140 East 12th Street, Suite B National City, CA 91950-4301 Dear Mr. Aguirre, We write to respectfully protest the City's staff panel recommendation on the recapitalization and rehabilitation of the Morgan and Kimball Towers. We respect the City staff and the RFQ process that they implemented. We further believe that City Staff and the Panel appointed by Staff did its best to make a selection in a short amount of time. However, we also believe that Morgan and Kimball communities are bigger than the Panel and rise to a level of significance in the community that the merits the attention and decision -making judgement of the elected Mayor and Council. Ultimately, it is worth the Council's time to hear presentations from each of the qualified RFQ finalists in order to determine which Development Team would make the best stewards for the buildings and senior community as well as the best partners with the City. While the Panel obviously tried it's best, the process and decision had some irregularities. First, staff members from the City's Building and Housing Department, that issued the RFQ, were inexplicably excluded from the panel. Second, members of the Panel were selected and then presented with the written RFQ submissions at such a late stage in the process that it would be impossible for most of them to have read the materials. Our submission, for instance, was 184 pages and took 30 days to write. It was completely unfamiliar to at least two of the panelists. Third, the RFQ contained scoring criteria that specifically enumerated five qualifications by which respondents would be evaluated. Our submission quite literally addressed each of the five criteria perfectly. Yet, we were not selected and told that the decision was based on our "relocation plan," which was not part of the publicly issued RFQ scoring criteria. Fourth, staff told us that our development team was "excellent", "qualified", and "had everything the City of National City needs." Our development team is from the south bay, owns property in National City and has a long civic track record in National City. Our non-profit partner, Casa Familiar, currently provides services to National City residents and is a leading Att . 1 323 of 355 Attachment No. 3 Correspondence senior services provider in the south bay. Under the City's ground lease arrangement, National City is choosing a partner for decades. It seems practical and wise to partner with a development team from the community. When matters of concern arise in construction, finance, management or tenant relations, a development team that is in and from the community would obviously be most skillful, responsive and sensitive. Given the fact that there is a qualified local developer, we believe it was a flawed decision to select a developer from the San Francisco Bay Area. Therefore, we respectfully protest the process and decision determined by the staff selection panel and request that the elected decision -makers of the City of National City create a sub- committee of its own members to independently review the RFQ submissions and determine which development partner is the most qualified for the Morgan and Kimball communities. Respectfully, // olin Rice Partner Morgan -Kimball Community Partners cc: Honorable Mayor Ron Morrison Honorable Deputy Mayor Jerry Cano Honorable Councilmember Albert Mendivil Honorable Councilmember Mona Rios Honorable Councilmember Alejandra Sotelo-Solis Alfredo Ybarra, Community Development Manager Brad Raulston, Executive Director Leslie Deese, City Manager Att . 2 324 of 355 Attachment No. 3 Correspondence 901 National City Boulevard National City, CA 91950-3203 Business: 619 477-9339 Fax: 619 477-5018 Web site: www.nationalcitychamber.org July 29, 2016 Ms. Leslie Deese, City Manager City of National City 1243 National City Blvd. National City, CA 91950 Dear Ms. Deese: The National City Chamber of Commerce would like to address concerns regarding the RFP on the Renovation of the Morgan and Kimball Towers that the City of National City has set forth. We are in receipt of letters from RAHD and Chelsea. They have brought to our attention the following recommendations: • The Morgan and Kimball Towers represent one of the biggest projects in fhe City's history both in scale, impact on the number of people it serves and costs. The project should warrant an Request For Proposals (RFP) to find the best qualified team, the best overall level of rehabilitation and the best economic deal for the City; • Because of the magnitude of the project, this RFP should be vetted at the Council level by a subcommittee of the council and then voted on by the full council; • Staff should hire an outside consultant with experience in evaluating large rehabilitation projects to assist in the drafting of the RFP and it's analysis; • The City staff has conducted an RFQ and should ask all the qualified teams to respond to the RFP; • An RFP process is the best way to assure a fair, open and Transparent process in selecting the best team and project scope and; • An RFP is the best way to receive multiple ideas to assist the senior residents during renovation, ideas for how much to spend to rehab the towers for the long term benefit of the City and residents, the best ways to structure fhe "deal" so the City can retain long term ownership, and ideas for generating income to support the City's Nutrition Center. Att . 3 325 of 355 At achment o. 3 Corre p ndence The National City Chamber of Commerce seeks to support the City of Naional ity ands�s corporate citizens if and when an RFP request has been developed. We would Pike to entertain a time and date of when we can meet and discuss further with City staff. Thank you for your time and consideration of our request to meet and discuss the RFP process for the Morgan and Kimball Towers. Sincerely, Jacqueline L. Reynoso President/ CEO National City Chamber of Commerce Att . 4 326 of 355 Attachment No. 4 ENA EXCLUSIVE NEGOTIATING AGREEMENT (Morgan and Kimball Tower) This Exclusive Negotiating Agreement ("Agreement") is dated as of the day of 2016 ( "Agreement Date"), by and between the Community Development Commission -Housing Authority of the City of National City ("CDC -HA") and Community HousingWorks, a California nonprofit public benefit corporation, and Mercy Housing California, a California nonprofit public benefit corporation (collectively, the "Developer"). RECITALS A. The CDC -HA owns the Kimball and Morgan Towers, which are generally located at 1317 D Avenue and 1415 D Avenue in the City of National City, County of San Diego, California ("Property"). B. The Developer desires to recapitalize the Property and rehabilitate the improvements thereon generally as set forth in that certain Request for Qualifications ("RFQ") issued by the CDC -HA dated March 24, 2016, a copy of which is attached hereto as Exhibit A. Community HousingWorks and Mercy Housing California responded jointly to the RFQ and the entities are jointly referred to as Developer throughout this agreement. C. The CDC -HA and Developer desire to negotiate any and all agreements reasonably necessary for the CDC -HA to ground lease the Property and transfer title to the improvements thereon to the Developer to the Developer and for the Developer to recapitalize and rehabilitate the Property as generally set forth in the RFQ ("Project"). The Property is currently being used as affordable housing for senior citizens, and this ENA and the Project do not contemplate changing the use of the Property. D. The purpose of this Agreement is to establish a period during which Developer shall have the right to exclusively negotiate with the CDC -HA the terms of the ground lease of the Property, the transfer title to the improvements thereon to the Developer and the implementation of the Project. NOW, THEREFORE, Developer and the CDC -HA, hereby agree as follows: 1. Negotiating Period. The CDC -HA agrees to exclusively negotiate with Developer and Developer agrees to exclusively negotiate with the CDC -HA regarding the terms of any and all agreements reasonably necessary respect to the Project for a one (1) year period beginning on the Agreement Date ("Negotiating Period"). The CDC -HA and Developer shall negotiate diligently and in good faith to carry out the obligations of this Agreement during the Negotiating Period. The obligation to negotiate in good faith requires the respective parties to communicate with each other with respect to those issues for which agreement has not been reached, and such communication to follow reasonable negotiation procedures, including meetings, telephone conversations, and correspondence. 2. Site Control. The Property is currently owned by the CDC -HA. 327 of 355 Attachment No. 4 ENA 3. Costs and Expenses. Each party shall be responsible for its own costs and expenses in connection with any activities and negotiations undertaken in connection with the performance of its obligations under this Agreement. 4. Activities During Negotiating Period. (a) Due Diligence. During the Negotiating Period, the CDC -HA shall provide the Developer and its contractors, consultants and employees with access to the Property as set forth in Section 9, below. CDC -HA will deliver to the Developer copies of: (i) all prior assessments in its possession or control related to the Property, including but not limited to Phase I and II Environmental, geotechnical, as -built building plans, specialized physical system inspections and assessments including roof, mechanical equipment, vertical transportation, building envelope and structural systems, survey including ALTA survey, if any; (ii) all HUD contracts and inspection reports, rent rolls, and financial statements for the Property in its possession or control, if any. In addition, CDC -HA will provide Developer feasibility for potential legal parcel modification. (b) Conceptual Proposal. Developer agrees that not later than One Hundred Eighty (180) days following the Agreement Date, Developer shall submit to the CDC -HA for review, a proposal for development of the Property and the Project, with supporting documents. In addition, Developer will provide the CDC -HA with the following documents, reports and information prior to the expiration of this Agreement: (1) The potential unit mix by number of bedrooms (if the Developer proposes a change from the existing unit mix), proposed income targeting, proposed rehabilitation work with preliminary cost estimates, and site amenities, with a schedule for implementation. (2) A proposed schedule for rehabilitation of the Property/development of the Project. (3) A financial pro forma which contains: (i) a projected development budget for the Project, (ii) a projected sources and uses analysis, (iii) a 15-year cash flow analysis, (iv) a proposed rent schedule and utility allowance schedule, (v) a projected operating budget for the Project, (vi) a phasing plan if applicable for development of the Project as two separate projects; and (vii) a proposal for long term contracts with U.S. Department of Housing and Urban Development and /or CDC -HA for project based housing vouchers. (4) Preliminary evidence of conventional construction and permanent financing options. (5) The name and qualifications of the architect which Developer proposes to use, if any. The CDC -HA will approve or disapprove the proposed architect in its sole and absolute discretion. 328 of 355 Attachment No. 4 ENA (6) The name and qualifications of the management agent that Developer proposes to use. The CDC -HA will approve or disapprove the proposed management agent in its sole and absolute discretion. (c) Negotiation and Approval of Agreements. If both the CDC -HA and Developer are satisfied with the proposed Project following submission of the documents in Subsection 4(b), the CDC -HA and Developer shall seek in good faith to negotiate and draft any and all mutually acceptable agreements reasonably necessary for the Project and for the Developer to demonstrate site control of the Project required by the California Tax Credit Allocation Committee and California Debt Limit Allocation Committee and U.S. Department of Housing and Urban Development. However, by entering into this Agreement, the Parties are not contractually bound to enter into any further agreements. 5. Termination/Expiration of Agreement. Except as provided in Section 10, below, or if this Agreement is extended by written consent of the Executive Director the CDC -HA and Developer, if at the end of the Negotiating Period, the CDC -HA and Developer have not agreed upon mutually acceptable agreements reasonably necessary for the development of the Project, then this Agreement shall terminate. 6. Cooperation. The CDC -HA agrees to cooperate with Developer in supplying proposed lenders or investors with appropriate information, if available and not otherwise privileged, to facilitate the Developer's financing for the Project. The CDC -HA shall also cooperate with Developer's professional consultants and associates in providing them with any information and assistance reasonably within the capacity of the CDC -HA to provide in connection with the proposed Project. 7. Nondiscrimination. Developer shall not discriminate against nor segregate, any person, or group or persons on account of sex, race, color, marital status, religion, creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Project, nor shall Developer establish or permit any such practice or practices of discrimination or segregation in the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Project. 8. Environmental Requirements. Certain state and local environmental requirements (including, but without limitation, the California Environmental Quality Act of 1970, Public Resources Code Section 21000, et seq.) may be applicable to the proposed Project. Pursuant to such requirements, certain environmental documents may be required to be prepared and certified for the proposed Project. 9. Inspection of the Property. Developer and its agents, representatives, consultants and contractors may enter upon the Property, upon not less than forty-eight (48) hours advance notice to the CDC -HA, solely for the purpose of conducting visual, non-invasive inspections of the Property as further described in Section 4. If the Developer desires to do any invasive testing at the Property, the Developer may do so only after obtaining the CDC-HA's prior written consent to the same, which consent may be withheld or granted on conditions in the CDC-HA's sole and absolute discretion. The Developer shall provide the CDC -HA with a complete set of plans, 329 of 355 Attachment No. 4 ENA drawings and specifications ("Invasive Testing Plans") that define to the sole satisfaction of the CDC -HA the invasive testing to be performed on the Property and the names of all environmental and other consultants, contractors and subcontractors who will be performing such invasive testing (collectively "Developer's Consultants"). The Developer shall deliver the names of the Developer's Consultants and the Invasive Testing Plans to the CDC -HA concurrently with its request to the CDC -HA that the Developer desires to perform invasive testing. The Developer shall promptly restore the Property to the condition the Property was in immediately prior to any such tests, at the Developer's sole cost and expense. The Developer's Consultants, the Developer and each of their agents, representatives, consultants and contractors entering the Property shall maintain commercial general liability insurance covering such entry, in the amounts of Two Million Dollars ($2,000,000.00) combined single limit for each occurrence or Four Million Dollars ($4,000,000.00) general aggregate for bodily injury, personal injury and property damage including contractual liability. Prior to entering upon the Property, the Developer and any of its agents, representatives, consultants and contractors entering upon the Property shall provide, additional insured endorsements naming the CDC -HA and the City of National City as additional insureds. The Developer shall indemnify and defend the CDC -HA, the City of National City and their agents and employees and the Property from and against, and shall hold the CDC -HA, the City of National City and their agents and employees and the Property harmless from, any actions, losses, costs, damages, claims and/or liabilities, including but not limited to, mechanics' and materialmen's liens and attorney fees, proximately caused by the actions of Developer and/or its agents, representatives, consultants and contractors upon the Property. The Developer shall repair any damage caused to the Property by the Developer or its agents, representatives, consultants and contractors. The Developer shall not permit any mechanic's, materialman's, contractor's, subcontractor's or other lien arising from any work done by the Developer or its agents, representatives, consultants and contractors pursuant to this Agreement to stand against the Property. If any such lien shall be filed against the Property, the Developer shall cause the same to be discharged or bonded within ten (10) days after actual notice of such filing, by payment, deposit, bond or otherwise. The Developer's obligations under this Section 9 shall survive the termination or expiration of this Agreement. 10. Developer. (a) Developer Experience. As a condition precedent to the CDC-HA's execution of this Agreement, Developer submitted to the CDC -HA a detailed response to the RFQ regarding development experience of the Developer and its principals, associates, employees, partners and joint ventures. (b) Offices of Developer. The principal offices of the Developer are located at: 2815 Camino del Rio South, Suite 350 San Diego, CA 92108 Phone (619) 282-6647 The Project Manager for the Developer will be Mary Jane Jagodzinski 11. Address for Notices. Any notices pursuant to this Agreement shall be sent to the following addresses: 4 330 of 355 Attachment No. 4 ENA To CDC -HA: Copy to: To Developer: Community Development Commission - Housing Authority of the City of National City 1243 National City Blvd. National City, California 91950 Attn: Executive Director Christensen & Spath LLP 550 West C Street, Suite 1660 San Diego, CA 92101 Attn: Walter F. Spath, Esq. Community HousingWorks 2815 Camino Del Rio South, Suite 350 San Diego, CA 92108 Attn: Susan M. Reynolds, CEO Mercy Housing California 1500 South Grand Avenue, Suite 100 Los Angeles, California 90015 Attn: Ed Holder 12. Entire Agreement. This Agreement constitutes the entire understanding and agreement of the parties, integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof. 13. Amendment of Agreement. No modification, rescission, waiver, release or amendment of any provision of this Agreement shall be made except by a written agreement executed by the CDC -HA and Developer. 14. Future Agreements to Supersede this Agreement. This Agreement will be superseded, if and when the Developer and CDC -HA approve and execute all mutually acceptable agreements reasonably necessary for the development of the Project. 15. Assignment Prohibited. In no event shall Developer assign or transfer any portion of Developer's rights or obligations under this Agreement without the prior express written consent of the CDC -HA, which consent may be withheld in the CDC-HA's sole and absolute discretion. 16. Time of Essence. Time is of the essence of every portion of this Agreement in which time is a material part. 17. Signature Authority. All individuals signing this Agreement for a party which is a corporation, limited liability company, partnership or other legal entity, or signing under a power of attorney, or as a trustee, guardian, conservator, or in any other legal capacity, covenant to the 5 331 of 355 Attachment No. 4 ENA CDC -HA that they have the necessary capacity and authority to act for, sign and bind the respective entity or principal on whose behalf they are signing. 18. Counterparts. This Agreement may be executed in counterparts. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CDC -HA: Community Development Commission -Housing Authority of the City of National City By: Leslie Deese, Executive Director APPROVED AS TO FORM: Christensen & Spath LLP By: Walter F. Spath III Special Counsel to the CDC -HA [SIGNATURES CONTINUED ON FOLLOWING PAGE] 6 332 of 355 Attachment No. 4 ENA 7 DEVELOPER: Community HousingWorks, a California nonprofit public benefit corporation or Vice Presi • ent By: Mercy Housing California, a California nonprofit public benefit corporation By: Ed Holder, Regional Vice President 333 of 355 Attachment No. 4 ENA EXHIBIT A Request for Qualifications issued by the CDC -HA dated March 24, 2016 334 of 355 Attachment No. 4 ENA REQUEST FOR QUALIFICATIONS (RFQ) Morgan and Kimball Towers Rehabilitation and Recapitalization 1415 & 1317 D Avenue National City, California jay- = m i .■•■■r yin rifitioilititiOOtti I!!I! ��r!»! !' iii� , March 24, 2016 RFQ Deadline: Thursday, May 12, 2016, 2:00 p.m. PST Community Development Commission - Housing Authority of the City of National City 140 E. 12' St., Suite B National City, CA 91950 335 of 355 Attachment No. 4 ENA RFQ AT A GLANCE ISSUE DATE: March 24, 2016 PROJECT TITLE: Morgan and Kimball Towers Rehabilitation and Recapitalization Project DESCRIPTION OF PROJECT DEPARTMENT REQUESTING The Community Development Commission - Housing Authority of the City of National City (CDC - HA) intends to 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. Housing, Grants, and Asset Management SUBMITTAL Three (3) original copies of submittal due 2:00 p.m. DEADLINE Thursday, May 12, 2016 in hard copy (no facsimile or e-mailed submittals) DELIVER SUBMITTAL TO City of National City 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 336 of 355 Attachment No. 4 ENA 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 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 5.37 acres located on D Avenue between Kimball Way and 15th Street (APN: 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). The CDC -HA may elect to segregate a portion of the subject parcels for the future development of housing. 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 (150 currently unrestricted units rented to households at or below 50% AMI, and 2 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 unrestricted 337 of 355 Attachment No. 4 ENA units rented to households at or below 50% AMI, and 1 unit for the assistant manager). Purpose: The purpose of the Project is to renovate the buildings and common area of the property. The renovation will result in updated housing units and building systems, energy efficiency and 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 338 of 355 Attachment No. 4 ENA 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 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 339 of 355 Attachment No. 4 ENA by telephone at least two weeks prior to the interview date. It is anticipated that interviews, if necessary, will be held from June 13-16, 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 reached, the City will approach and negotiate with the second highest ranked development team. Issue date: Qualifications due: Interviews, if necessary: Development Team selected: March 24, 2016 May 12, 2016, 2:00 p.m. June 13-16, 2016* June 29, 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. The Community Development Commission -Housing Authority Rights Regarding this Invitation The CDC -HA each reserves the right to reject all submittals for any reason without indicating reasons for said rejection. The CDC -HA does not accept any financial responsibility for any costs incurred by respondent. Issuance of this Request for Qualifications does not commit the CDC -HA to award a contract, to pay any costs incurred in the preparation of a response to this request, or to procure a contract for services. The CDC -HA reserves the right to waive any irregularities or informalities in the proposal or proposal process. The CDC -HA retains the right to reject all submittals. Selection is also dependent upon the negotiation of a mutually acceptable contract with the successful respondent(s). The CDC -HA reserves the right to cancel, for any or no reason, in part or in its entirety, this RFQ, including but not limited to: selection schedule, submittal date, and submittal requirements. 340 of 355 Attachment No. 4 ENA Acknowledgement of Amendments Each firm receiving a copy of this shall acknowledge receipt of any amendment to this Request for Qualifications by signing and returning the amendment with the completed proposal. The acknowledgment must be received by the CDC -HA at the time and place specified for receipt of proposals. Additional Information Questions regarding this solicitation shall be submitted in writing to: Community Development Commission -Housing Authority Attn: Carlos Aguirre, Community Development Manager 140 E. 12th St., Suite B National City, CA 91950 Or e-mail: caguirre@nationalcityca.gov Respondents/firms are cautioned that any oral statements made that materially change any portion of this RFQ are not valid unless subsequently ratified by a formal written amendment to this RFQ. No technical questions that may materially change any portion of this RFQ will be accepted during the seven calendar days prior to the time and date set for receipt of proposals. Nonconforming Terms and Conditions. Any proposal that includes terms and conditions that do not conform to the terms and conditions of this RFP is subject to rejection as non -responsive. The Community Development Commission -Housing Authority reserves the right to permit the respondent to withdraw non -conforming terms and conditions from its proposal prior to action by the Community Development Commission -Housing Authority to award a contract. Late Submissions. Any proposal received after the date and time specified for receipt shall not be accepted or considered. Right to Cancel The CDC -HA each reserve the right to withdraw or cancel, for any or no reason, at any time, in part or in its entirety, this RFP, including but not limited to: selection schedule, submittal date, and submittal requirements. 341 of 355 Attachment No. 4 ENA Variations in Scope of Work The CDC -HA may materially change the scope of services by way of written amendment to this RFQ. Such changes may include additions, deletions, or other revisions within the general scope of RFQ requirements. The CDC -HA may waive the written requirement for a variation in the scope of services if, in the opinion of the CDC -HA, such variation does not materially change the item or its performance within parameters acceptable to the CDC -HA. Applicable Laws The contracts awarded shall be governed in all respect by the laws of the State of California, and any litigation related to the contract or this RFQ shall be brought in the State of California, with a venue of the San Diego Superior Courts. The firm(s) awarded the contracts shall comply with all applicable Federal, State, and local laws and regulations. Public Information All documents received by the CDC -HA are considered public records and will be made available after the RFQ selection for public inspection and copying upon request. Independent Contractor Status The respondent agrees, if selected, that he or she shall perform the services as independent contractor(s) and not employee(s) of the Community Development Commission -Housing Authority. The CDC -HA shall not be considered the employer of respondent. The respondent understands, if selected, the respondent shall have the sole responsibility for deciding the manner and means of providing the services, except as outlined in any final agreement and its attachments or exhibits. Indemnification The respondent agrees, if selected, to indemnify and hold harmless the City of National City and the CDC -HA and all their respective officers and employees from any and all liability, claims, costs, including reasonable attorney's fees, demands, damages, expenses, and causes of action as outlined in the contract. Examination of Solicitation The respondent understands that the information provided herein is intended solely to assist the respondent in submittal preparation. To the best of the CDC- HA's knowledge, the information provided is accurate. However, the CDC -HA does not warrant such accuracy, and any errors or omissions subsequently 342 of 355 Attachment No. 4 ENA determined will not be construed as a basis for invalidating this solicitation. Further, by submitting a response to this solicitation, the respondent represents that he or she has thoroughly examined and become familiar with work required in the solicitation and is capable of performing quality work and to achieve the objectives of the CDC -HA. INSURANCE All required insurance (Attachment 2) shall be submitted within fifteen (15) days of notice of selection and prior to the commencement of any work. Failure to provide the insurance certificates within this time frame shall be cause for the proposal to be rejected as non -responsive. The entity/organization selected shall maintain insurance in full force and effect during the entire period of performance under the contract(s). Failure to do so shall be cause for termination of the contract(s). All policies must have a thirty (30) day non -cancellation clause giving the Community Development Commission -Housing Authority thirty (30) days prior written notice in the event a policy is cancelled. At the end of each contract year, the CDC -HA reserves the right to review insurance requirements and to require more or less coverage depending on the assessment of risk, the entity/organization's past experience, and the availability and affordability of increased liability insurance coverage. BUSINESS LICENSE 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. 343 of 355 Attachment No. 4 ENA 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 May 12, 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. 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 Alfredo Ybarra Director 1243 National City Boulevard National City, CA 91950-4301 619/336-4279 alfredoy(a�nationalcityca.gov Attachments posted with this RFQ 1. Site Parcel Map 2. Developer Qualifications Worksheet 3. Selection Criteria and Scoring 4. Insurance Requirements 344 of 355 ,W fin Q 2. 4AC RoTar .rs/7 m RES FOR FUT ST •-t NOT A SLOG SITE CONDM. PARK VILLAGE DOG 79- a 61740 (SEE SHT 2) +Ni8. 41 itc u rilCON. cn KiMBAALL WILLOWSEE L 2 - DOCf 7-5I8n71 M IS9.05 N IV w ,'," Ni .„, ALLEY ; r +w. A ara m co n 1P0 5/f'VB90E A Z � N ue199_ 6 1.73AC PBD.08 « ...e no 0.fn •1 dill ,.h ! .% x5.:aMrnl l�a� .r,: ,1!' Sl. 2 a " .21AC ,vr7vc sr-Lr NiT 4-7.04 w, ST u (1 - 't 10 11� 20 1918117 1 -1 - _Stj. 11 -136K- - - T L`-.I1 12 16 1514 -I- .... Q3 I 13 21 - - ' g'l i q I I ,11,,,, 121 Ml -1 - 1. L:'ALIA? :Igl - - - 118 81 l 3 4 il- - - 7 516 - _ - _. - ... 60110,1 718 crSD` CIAO, _ 91 - y7sJ 1,,112 i.0 sr - M1105 Me 07 E 5/7"s7 G' 23930 ti AVEM1 3 1 M1 O 216AC AVE ,74 1- �n 52 2 1n MAP 9199 -PARK VILLAGE (CONDM) MAP 9042-KiMBALL WILLOWS MAP 8807-CENTER CITY PROJECT MAP 1105-LOZIERS SUB ROS 10144 560-41 SHTIOF2 CHANG S ELK OLD NEW YR CUT 7 298 ie Pie .1-? /6,-20 %$ O/.dY. 7 $ 1 70 229 4/6 / '124 79 410 1 22 80 55 4t0 21 cou0M80 457 22 U+Nomf3O 565 rwe OW 87 540 i aWH VLLV VINO b 'oN iuewyoeuuy Attachment No. 4 ENA Attachment No. 2 DEVELOPER STATEMENT OF QUALIFICATIONS/ FINANCIAL SUMMARY 346 of 355 Attachment No. 4 ENA Attachment No. 2 DEVELOPER STATEMENT OF QUALIFICATIONS & FINANCIAL SUMMARY I. DEVELOPER INFORMATION Name: Address: Telephone/Fax: Contact Name: Is the Developer a subsidiary of/or affiliated with, any other C orporation(s), 1 oint Venture(s) or Firm(s)? ❑ 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 C orporation/J oint 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: Developer Statement of Qualifications/Financial Summary 2 of 6 347 of 355 Attachment No. 4 ENA Attachment No. 2 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: Amount: $: 2) Bank Name: Address: Amount: $: B. By loans from affiliated or associated corporations or firms: Name: Address: Source: Amount: $: C. The Following are Three Bank References: 1) Bank Name: Address: Contact Person: Telephone: 2) Bank Name: Address: Contact Person: Telephone: 3) Bank Name: Address: Contact Person: Telephone: Developer Statement of Qualifications/Financial Summary 3 of 6 348 of 355 Attachment No. 4 ENA Attachment No. 2 D. The Following are Three Bank References: 1) Company: Address: R elations hip: C ontact Person: Telephone: 2) Company: Address: R elationship: C ontact Person: Telephone: 3) Company: Address: R etationship: C ontact Person: Telephone: Developer Statement of Qualifications/Financial Summary 4 of 6 349 of 355 Attachment No. 4 ENA Attachment No. 2 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 ❑ 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? ❑ No ❑ Yes If yes, please provide the following information: Date: Place: G eneral 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: I. 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 localpublic 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? ❑ No ❑ 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 5 of 6 350 of 355 Attachment No. 4 ENA 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 thatthe 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 6 of 6 351 of 355 AAiartztebrinre3fl} Ntla 3 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: I ) HUD Experience should be required 2) Experience with public /private partnerships. 3) Senior housing development experience 12 3 4 5 6 7 8 9 10 2.5 25 2 Leveraging 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 I 2 , 4 -, 0 _ 5 9 10 _ 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. 12 3 4 5 a 7 5 O 10 2 20 4 Operating Experience Identify experience operating similar types of housing developments. Experience with the operational requirements of developments similar in size and target population. I _ 3 4 > a 7 5 y 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. 12 3 4 5 6 7 8 9 I 1.5 15 100 352 of 355 Attachment No. 4 ENA Attachment No. 4 CALIFORNIA -� N 10NAL airy INCORPOR /VTR' 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 353 of 355 CC/CDC-HA Agenda 10/4/2016 — Page 354 The following page(s) contain the backup material for Agenda Item: Closing Remarks by City Attorney Claudia Silva. (City Attorney) 354 of 355 Item # 10/04/16 CLOSING REMARKS BY CITY ATTORNEY CLAUDIA SILVA (City Attorney) 355 of 355