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HomeMy WebLinkAbout02-07-17 CC HA Agenda PacketAGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY CALIFORNIA NATIONAL CI S INCORPORATED RON MORRISON Mayor ALBERT MENDIVIL Vice Mayor JERRY CANO Councilmember MONA RIOS Councilmember ALEJANDRA SOTELO-SOLIS Councilmember 1243 National City Blvd. National City 619-336-4240 Meeting agendas and minutes available on web WWW.NATIONALCITYCA. GOV COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA TUESDAY, FEBRUARY 7, 2017 - 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 521 CC/CDC-HA Agenda 2/7/2017 — 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 521 CC/CDC-HA Agenda 2/7/2017 — Page 3 OPEN TO THE PUBLIC A. CITY COUNCIL CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG PUBLIC COMMENTS (THREE -MINUTE TIME LIMIT) PROCLAMATIONS AWARDS AND RECOGNITIONS PRESENTATIONS 1. Staff presentation on the Draft Economic Development Strategic Plan for the City of National City. (Housing and Economic Development) INTERVIEWS / APPOINTMENTS 2. Interviews and Appointments: Community and Police Relations Commission. (City Clerk) CONSENT CALENDAR 3. Motion of the City Council of the City of National City approving the waiving of the reading of the text of the Ordinances considered at this meeting and providing that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 4. Approval of the minutes of the Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City of December 6, 2016 and the minutes of the Special Meeting of the City Council of the City of National City of January 30, 2017. (City Clerk) 5. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement between the City of San Diego Office of Homeland Security and the City of National City, and authorizing the establishment of an appropriation and corresponding revenue budget in the amount of $219,010 from the FY16 Urban Area Security Initiative (UASI) Grant Funds for the reimbursable grant purchase of equipment, planning, and training for the Police and Fire Departments. (Fire) 3 of 521 CC/CDC-HA Agenda 2/7/2017 — Page 4 6. Resolution of the City Council of the City of National City authorizing the Chief of Police to execute an addendum to enter into a Memorandum of Understanding, effective through October 31, 2019, for participation in the San Diego Human Trafficking Task Force (SDHTTF), previously named as the San Diego Violent Human Trafficking and Child Exploitation (VHTCE) Task Force. The SDHTTF will conduct criminal investigations to disrupt and dismantle violent human trafficking and child exploitation organizations. (Police) 7 Resolution of the City Council of the City of National City authorizing the Chief of Police to enter into a Memorandum of Understanding (MOU) for participating in the Federal Bureau of Investigation San Diego Violent Task Force Gang Group Safe Street Task Force (SSTF). The SSTF which conducts criminal investigations to identify and target criminal enterprise groups responsible for drug trafficking, money laundering and crimes of violence to include robbery and Homicide. (Police) 8. Resolution of the City Council of the City of National City authorizing the Mayor to execute the First Amendment to the Agreement by and between the City of National City and NHA Advisors, LLC for municipal advisory services, decreasing the minimum required limits for commercial general liability insurance and professional liability ("errors and omissions") insurance to $1 million per occurrence and $2 million aggregate with the provision the City reserves the right to review and require higher professional liability insurance limits for certain engagements. (Finance) 9. Investment transactions for the month ended November 30, 2016. (Finance) 10. Warrant Register #22 for the period of 11/23/16 through 11/29/16 in the amount of $1,817,388.57. (Finance) 11. Warrant Register #23 for the period of 11/30/16 through 12/06/16 in the amount of $2,487,006.74. (Finance) 12. Warrant Register #24 for the period of 12/07/16 through 12/13/16 in the amount of $910,870.05. (Finance) PUBLIC HEARINGS 13. Continued Public Hearing — Conditional Use Permit for the expansion of a gas station convenience store located at 1803 Highland Avenue. (Applicant: Michael Rafo) (Case File 2016-17 CUP) *Continued from January 17, 2017 (Planning) 4 of 521 CC/CDC-HA Agenda 2/7/2017 — Page 5 14. Public Hearing — Conditional Use Permit for beer and wine sales at Sushi Loco Restaurant to be located at 2220 East Plaza Blvd., Suite C & D. (Applicant: Jason Kim) (Case File 2016-26 CUP) (Planning) ORDINANCES FOR INTRODUCTION 15. An Ordinance of the City Council of the City of National City establishing the Compensation of the Mayor and the City Council. (City Attorney) 16. An Ordinance of the City Council of the City of National City amending Title 16 of the National City Municipal Code by renumbering Chapter 16.09 to Chapter 16.10 and adding a new Chapter 16.09 establishing a Veterans and Military Families Advisory Committee. (City Manager) ORDINANCES FOR ADOPTION 17. An Ordinance of the City Council of the City of National City adding Chapter 2.74 to the National City Municipal Code pertaining to Ethics Training. (City Attorney) 18. An Ordinance of the City Council of the City of National City amending Title 15 of the National City Municipal Code to add Chapter 15.82 — Expedited Permit Processing for Electric Vehicle Charging Stations. Planning) NON CONSENT RESOLUTIONS 19. Resolution of the City Council of the City of National City in Support of Creating a Welcoming Community for All Residents. (City Manager) NEW BUSINESS 20. Notice of Decision - Planning Commission approval of a Conditional Use Permit for the drive -through component of a restaurant (Chick Fil-A) to be located at 400 Mile of Cars Way. (Applicant: 4G Development) (Case File 2016-19 CUP) (Planning) 21. Notice of Decision — Planning Commission approval of a Conditional Use Permit for beer and wine sales at Sushi & Galbi Restaurant located at 1519 Highland Avenue (Applicant: Jun Ki Kim) (Case File 2016-28 CUP) (Planning) 22. Temporary Use Permit — Circus Vargas event sponsored by Circus Vargas from February 16, 2017 to February 27, 2017 at the Westfield Plaza Bonita Mall with no waiver of fees. (Neighborhood Services) 5 of 521 CC/CDC-HA Agenda 2/7/2017 — Page 6 23. Temporary Use Permit — Festival of Life sponsored by Revival Today at Kimball Park from October 1, 2017 to October 6, 2017 with no waiver of fees. (Neighborhood Services) 24. Discussion of establishing a policy for selection of the Vice -Mayor. (City Manager & City Attorney) 25. Discussion and seeking direction from the City Council on the development of a Special Benefit Assessment District. (Housing and Economic Development) 26. Update on the Former Community Development Commission — Redevelopment Agency (CDC -RDA) Properties and Seeking Direction on Next Steps. (City Manager's Office) B. COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY PUBLIC HEARINGS- HOUSING AUTHORITY CONSENT RESOLUTIONS- HOUSING AUTHORITY NON CONSENT RESOLUTIONS- HOUSING AUTHORITY NEW BUSINESS- HOUSING AUTHORITY 27. Staff presentation to the Community Development Commission -Housing Authority of the City of National City on a proposal from Keyser Marston Associates regarding the Morgan and Kimball Towers Rehabilitation and Recapitalization Project seeking further direction from the Board of Commissioners in selecting an approach for the solicitation and evaluation of development teams and negotiation of development agreements necessary to initiate the Project. (Housing and Economic Development) C. REPORTS STAFF REPORTS MAYOR AND CITY COUNCIL CLOSED SESSION REPORT ADJOURNMENT Regular Meeting of the City Council/Community Development - Housing Authority of the City of National City - Tuesday - February 21, 2017 - 6:00 p.m. - Council Chambers - National City, California 6 of 521 CC/CDC-HA Agenda 2/7/2017 — Page 7 The following page(s) contain the backup material for Agenda Item: Staff presentation on the Draft Economic Development Strategic Plan for the City of National City. (Housing and Economic Development) 7 of 521 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 7, 2017 AGENDA ITEM NO. ITEM TITLE: Staff presentation on the Draft Economic Development Strategic Plan for the City of National City. PREPARED BY: Megan Gamwell, Economic Development Specialist Mk PHONE: 619-336-4391 EXPLANATION: DEPARTMENT: Housing & Economic The goal of the National City Economic Development strategic plan is to collaborate and communicate with local and regional partners, support business, promote vibrant neighborhoods, and support employment. These goals will be reached by analyzing the strengths and comparative advantages of the local economy; creating incentives to leverage the investment / involvement of different public and private sectors; advocate for the well-being of the community through policy creation and implementation; and tracking of economic trends to measure success and prepare for changes. FINANCIAL STATEMENT: ACCOUNT NO. n/a ENVIRONMENTAL REVIEW: n/a ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Provide feedback and direction on the Draft Economic Development Strategic Plan. BOARD / COMMISSION RECOMMENDATION: n/a ATTACHMENTS: 1. Draft Economic Development Strategic Plan Overview I8of521 Attachment No. 1 CALIFORNIA NATIONAL Ci r y 1c V ZNCORPORATEP - Housing and Economic Development Draft 2017-2022 Economic Development Strategic Plan 9 of 521 CALIFORNIA Attachment No. 1 r== a 3 3'1 •-. MCORP OR ATV/ Introduction Economic Development Strategic Plan The goal of the National City Economic Development strategic plan is to collaborate and communicate with local and regional partners, support business, promote vibrant neighborhoods, and support employment. These goals will be reached by analyzing the strengths and comparative advantages of the local economy; Creating incentives to leverage the investment / involvement of different public and private sectors; Advocate for the well-being of the community through policy creation and implementation; And tracking of economic trends to measure success and prepare for changes. Funding sources will also be reviewed. The first goal will be to Collaborate and Communicate with local and regional partners to align economic development efforts, increase the utilization of resources and leverage networks for economic growth. The second goal will be to Support Business by developing incentives, building upon existing assets and aligning efforts within the city, locally and regionally. The third goal will be to Support Vibrant Neighborhoods by taking incremental action to strengthen our Downtown, Westside and Marina districts. Strategic partnerships will be sought to develop meaningful economic development efforts. The fourth goal will be Supporting Employment by encouraging collaboration with stakeholders to align workforce development and training with emerging workforce opportunities. The final goal will be to increase Funding by seeking out grants, conducting a business license fee study and researching opportunities for specialty districts. The following strategic plans were reviewed in creation of the 2017-2022 Economic Development Five- year Strategic Plan. • National City General Plan • The South County Economic • National City Downtown Specific Plan Development Councils Maritime • The National City Westside Plan Industry Action Plan • National City Five Year Strategic Plan • San Diego Military Advisory Council • The South County Economic Military Economic Impact Study Development Five Year Economic • National City Chamber of Commerce Development Work Plan Economic Development Plan 10 of 521 Attachment No. 1 -4°71s g7 1 " Economic Development Strategic Plan Economic Development Strategic Plan Reports Collaborate And Communicate Support Business Data integration and Software Annual Forums & Quarterly Workshops RFQ and RFP Process Business Retention & Expansion Program Business Marketing and ttraction Program Tourism Marketing Promote Vibrant Neighborhoods Together We Can Signage & Facade Improvment Support Employment Business Spaces and Public Places Increase Funding Regional Partners Local Partners Business License Fee Study Specialty Districts Grant Research CALIFORNIA Attachment No. 1 NATIONAL CJTy ,— 1J31 =� INCORPORATE) .. A. Collaborate and Communicate Economic Development Strategic Plan Al. Analyze internal processes for efficiency and implement new technology solutions A2. Align economic development efforts within the City and the region A3. Create GIS map of City, local and regional projects A4. Collaborate with strategic community organizations and partners A5. Create asset mapping and development reports B. Support Business B1. Develop Signage and Facade Improvement Grant B2. Develop a Business Retention and Expansion Program B3. Develop a Business Marketing and Attraction Program B4. Expand tourism marketing opportunities B5. Facilitate annual forums and quarterly workshops C. Promote Vibrant Neighborhoods 1. EXTERNAL ASSESSMENT 2. INTERNAL ASSESSMENT 3. SWOT ANALYSIS w 7 r tP 4. STRATEGY 6V1 �d DEVELOPMENT aL 5. ACTION PLANNING laodd(15 '41‘13141.to-idW-3 Cl. Promote Vibrant neighborhoods in the Downtown, Westside and Marina districts C2. Increase access to open spaces and preserve natural spaces within the City C3. Maintain and promote historic sites and cultural assets C4. Research the development of a Public Arts Program C5. Accommodate multiple users and provide access via walking, bicycling, or public transit to multiple destinations throughout the city D. Support Employment D1. Improve access to local employment opportunities D2. Increase access to advanced education, workforce development and job training opportunities by working with local workforce development organizations E. Increase Funding El. Conduct fee study for increased business license fee E2. Research opportunities to establish specialty districts E3. Research grant opportunities 12 of 521 CC/CDC-HA Agenda 2/7/2017 — Page 13 The following page(s) contain the backup material for Agenda Item: Interviews and Appointments: Community and Police Relations Commission. (City Clerk) 13 of 521 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 7, 2017 AGENDA ITEM NO. ITEM TITLE: Interviews and Appointments: Community and Police Relations Commission. (City Clerk) PREPARED BY: Michael R. Dalla PHONE: 619-336-4226 EXPLANATION: DEPARTMENT: City -rk APPROVED BY: 1 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 currently five new applicants (Gilbert Garcia, Lance Mirkin, Coyote Moon, Candy Morales and Victor Gonzalez). Name Gilbert Garcia Yes Lance Mirkin Yes Coyote Moon Yes Candy Morales Yes Victor Gonzalez No Interviewed FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance STAFF RECOMMENDATION: Take further action as desired to fill the vacancy. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Applications 14 of 521 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Civil Service Commission Planning Commission Community & Police Relations Commission* (CPRC) Public Art Committee* Library Board of Trustees ', Traffic Safety Committee Perks, Recreation & Senior Citizens Advisory Board Port Commission Note. Applicants must be residents of the City of National City except for those marked by an " Applicants for the Community and Police Reladlons Commission must pass a criminal background check prior to appointment. Name: Gi 16 ei ii o ckN %dGleaci iS Home Address: \ 4 A D Sh 2(2y i 14•Ni � , Tel. No.. t.0 19 - 9 6 - 8 -)SC'i (&) Business Affiliation: �,,..r,.R_ Title: lk', Business Address: o rnra Tel. No.: Length of Residence in National City: WI y as San Diego County: (,9 y 3 Z California: is 9 � o S Educational Background: r I Q SU (-1.- .t S a ,i)vitat t+t Crc, (1 ' 6 lc \''‘ c C >f ti .(K ' • ► O - 7 rz I .L ,, ,- 1 f Occupational Exploert nce: C try I, �, �,�} ts= '\^ \-N PtRi) 5 DC S 1 r1 1-'l - `11) Crag, IN a °An ,,tix, _r)) 1- t S Ps - ) _Aa � r Professional or Technical Organization Memberships: Kr1l 0 'A 0, 0\ 4 rr. J S Civic or Community Experience, Membership, or Previous Public Service Appointments: C . 1 R14 rti L S kei'vf — 9C'S Experience or Special knowledge Pertaining to Area of Interest Have you ever been convicted of a felony crime? No: Yes: misdemeanor crime? No: <i Yes: If any convictions ware, 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: t 1 (43\ D-u 1 (c Signature: A. Ly-(te..„'A Please feel free to provide additional information or letters of endorsement. Please return completed form to: Office of the City Clerk 1243 National City Blvd, National City, CA 91950 Thank you for your interest in serving the City of National City. " Residency requirements may not apply This documents is filed as a public document RECEIVED Nov 17 2016 Office of Tie City perk City of Natonal Cty Revised: March 2012 15 of 521 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 ardi/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: Sb. Yes: _ Have you been convicted of a misdemeanor: No: Yes: If any convictions were expunged disclosure is nof 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 en 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 16 of 521 'MSS OoOtottiOnikl E► WY Olt ►1C r, .. DbI i t . To. orivitoMos • ' �' �b�cl$i�3'� � t�1' Ala t� . `�. POrMis *fit& nikr �ia q�y Troth, o. .4ntstbr ix of a tliva ithitero l Ofty-ems for thaw paced by art' Aktl000to tertheCoovounity dlkp ototo pens.oroi Moo Rtiono °mnimust Pikes aatntl NO* Home Mdleg :, Tel,lcr.l, t. Length of Roakier ee in National City. Bari Diego Courtly �w.�r �r . [:ado; unrd tU: • b .�i 3 Professional or Technical Orga ort Me rs}dpa; Vicar CommunityPx __ ieuttc$, Imbertttlp, or Preoys Publlo Ca mice c-I " e,,.,,t;,r : ,Aoirmertt� 4xPetittleg 9r 43P000105Migigaftrtagrig tc Abe off' seat K:'eP been COWe{ 6 if ony crime? No 4 u:;,,,_ hbI$der r�or ett No¢ Y CQJM s wore. s od dre q ltoloeone IO not uirt , Conviction* :: +ss: Ir'1 y to e to provide an explanation or irformaon re erdl information Qt1 atttrw Y Kl% ax above two 4 i Bit Please feel free to tm rvltlo .. is nat Irtforrnation ar Jotters of gn ' ree t ent, Please retti ri toted 'brut to: clof the Clf$ Clerk i OAS National t- .ivii latlaaitl Citztri CA aim Thonk you for yourititettat In srvin -#tv-ekr of Nat_Sonat qty. iter0d000y rtlqi4tartmila ttpt tlocuoloote Urged t Nblio.cloourrialt itoteatt DitarotorlOta 17 of 521 Wklottl PleoltrittilitiOttittgprg The National City Commtin!Wend Mice Re D B Cernntlesion 60A011e$ Eln Indepen den 'biased and Smartie/ &floe that 1s readily available to the public, Risen organiai(Dri for the Improvement of pollee and community relations and the failit n•of disputes Wine : �le.:1tprovidee a. forum for cJAzens to uolus theirecncerns,. comment about. ponce.co. duct, mc'and pi1Pdes and. IrnitToVee. communisation between citikene and the National City Pojjce Ieptt . The Netlertt aty fi mmunity anePottee fteletionaCornntisslot.tla empoistemetio reeelVe and revie • complaints: regard Naiibnal-tity't ollte l*attment Pe Cannel 'er aifegs4 mxrnt ►t to t a ro�3Bala dicenges •of' k'otli patfifundpollel a endptooadures Howard the g ef se guerdt mng the lights of Penton's endd promoiIng WOK standards of 0001POteftbYv effi ants end • Jos** In the t>n)viston of commun ty polidrg 8 el tes. - Applicants rug ba.0001PletelY Forthright ► id(tt lthful durtnd :ihe dppllc e .PrOcest4 Applioanta.may be disqualified to tt1e.. ba tPourutptoposs see Ott ordtsbo $ntl/Or pikooselY OrnItt n Information rogardirip ones anm i b story. Riven the oomp t of this POrmniSalorrand its des, 1400a ry to•p e.criagttl'bikel#PL rid. k prtoM.sp. MOO*OW OMiltailnilict WWI ti lag in ss nn tsJr r; Upon conditional uppolntmenrt the Human gosolgoos•department will contact, youto sd edu!b the tristillilbeeltgra0d.OrOoass when, and if appropriate:: It. Isr-importsl nt io note that you -Stoutthl application .co letely and hone tly.lo the be# of'YOcie eblltties. Phase to distdvseyour stirninal history may reedit In diliqualittoatlon. it a Conviction hce. been.exptaaped disclosure Is nottequired. Have yK u'everbeen.co ietedCfa felclny efts: Liz Yew. Have you been cOnVictedbfablisdatneenonNo. Yes: It Orly donvictione weak expunged ;disolodt reie.rat:tequlred► Meese. feel five to provide an:exp!anatlon.orinforrtlation regarding yes answers to the above two questions. There They be clrct lanai' es that i onk .dtsgUe ft r en applicant Yaks the background process beyond the listedialmes: ielow, h %nc dent is evaluated In. Wins af t e cfrvumatanco erg' toots sutrUindinit 1te odcurrendeand lts'degrieofrelevance to tie posltbn► degualitylna oriteriat ft Commu l r and Police Reistlona l omrnitselortr -- Sea wed tow 18 of 521 CITY OF NATIONAL CITY APPLICATION POR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES „Civil Service Commission Tanning Commission Community & Police Relations Commission* (CPRC) y ublic Art Committee* 17Library Board of Trustees Traffic Safety Committee %•Parks, RecreatIon-& Senior Citizens Advisory Board Note:.Appifcants must be residents of the Cfty of National City except for those marked by an * Applicants for the Community and Police Relations Commission must pass a criminal background check prior tp•appointment. Name: ( 0* Mr) Home Address: 2 ! 9 £ /J'7'' Yi St Business Affiliation: la Business Address: Title: Tel. No.: Gp/ l ' 5i7,.j Length of Residence in National City: Educational Background: Occupational Experience: San Diego County: Tel. No.: 4 . fry/44'n ieni_.5 fifomia: ,o,9 �12P!yy JY/Crh4gC!/ Professional or Technical Organization Memberships Civic or Community Experience, Membership, or Previous Public Service Appointments: %a/q-4'-- L B Experience or Special Knowledge Pertaining to Area of Interest: _4 4 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: 16 3-61 Signature: P1-ase feel free to provide additional information or letters of endorsement, Please return completed form to: Office of the City Clerk 1243 National City Blvd, National City, CA 91950 Thank you for your interest in serving the City of National City. *Residency requirements may not apply This documents is filed'as a pubiic document Revised: December2015 5 19 of 521 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: j 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 20 of 521 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES _ Civil Service Commission Planning votommunIty & Police Relations Commission* (CPRC) Public Art Committee* Library Board of Trustees Traffic Safety Committee ___ Parks, Recreation & Senior Citizens Advisory Board N.,./Port Commission Note: Applicants must be residents of the City of National City except for those marked by an * Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: @xindtJl Dora tes Home Address: Business Affiliation: 1 Business Address: �,'� i 1 « Tel. No.: on TO 544q j Length of Residence in National City: s.yerar San Diego County:3)1Yt5California: 33 Educational Background: 1�(5fi)i- { cjQCifl v Or' ( 3YNi} UtL& iDs 2 r City,�'q;(5OTel. No.: (oli-c3"z2— 510 n t cto �� Title: j`-{�#�(' fee Y1e.'S i Y` B Qcr eeJ __ n c,ri m t nal ' Occupational Experience: Tore it-- PQwtati( : Yon' oclo(r-21) 1 Trar i oYTAX f +J1 . ft ~ .� — Wc/% Yi • t r g!l Jtl' C Professional or Technical Organization Memberships:5E,1.0 Wi i\ 22.l Member, [" / ' 1.•. i i.1 in Civic or Community Experience, Membership, or Previous Public Service Appointments: EX tienOe . penenceor Special KnKnowledgePertaining to lAr'errnieree Have you ever been convicted of a felony crime? No:Zes:__ misdemeanor crime? No: e 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: `Q I ll d k V Signature( Please feel free to provide additions information or letters of endorsement. Please return completed form to: Office of the City Clerk 1243 National City Blvd, National City, CA 91950 Thank you for your interest in serving the City of National City. *Residency requirements may not apply This documents is filed as a public document RECEIVED JAN 1 0 2017 Office of the Cfty Clerk City _of National Revised: Match 2012 9 21 of 521 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 empowere-cf 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 till out this application completely and honestly to the best of your abilities. Failure to disclose your criminal history may result in disqualification. If a conviction has been expunged disclosure Is not required, Have you ever been convicted of a felony crime: No: Yes: Have you been convicted of a misdemeanor. No: �/ Yes: If any convictions were expunged disclosure is not required. Please feel free to provide an explanation or information regarding yes answers to the above two questions. There may be circumstances that could disqualify an applicant from the background process beyond the listed crimes below. Each incident Is evaluated in terns 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 22 of 521 Candy P. Morales, MSW, ACSW EDUCATION 827 C Avenue, National City, CA 91950 (619) 322-3510 candymorales91950@gmail.com San Diego State University Master of Social Work; May 2012 Bachelor of Science in Criminal Justice, May 2009 EMPLOYMENT County of San Diego, Health and Human Services Agency (IIHSA) - Child Welfare Services (CWS) Protective Services Worker, Extended Foster Care September 2014 —Present Protective Services Worker, Continuing Services Teen Unit _June 2012 — September 2014 Social Work —11 tiSW Intern, Continuing Services Teen Unit August 2011 — May 2012 • Work with children, youth, families, and transition aged -youth, in the areas of guardianship, kinship, family maintenance, family reunification, and permanent plan. • Provide case management duties and development of case plan services with families. Monitor behavior and progress by family members, provide encouragement and support. • Conduct assessments, interviews, prepare and write court reports for the following hearings: jurisdiction and disposition, status review, termination of services, and returning home. • Connect with agencies for referral purposes, and participate in ILS collaborative meetings. Casey Family Programs September 2010 — May 2011 Social Work — MSW Intern • Secondary assignment of cases in the areas of guardianship and transition aged -youth. • Collaboration with the Chadwick Center, and other mental health providers to assist in the organization, recruitment and facilitation of youth focus groups addressing mental health. • Attend family reunification conferences, and weekly strategic planning meetings in relation to the areas of recruitment, reunification, intake, foster care, guardianship, and permanency. Law Offices of Vaughn and Vaughn May 2009 — August 2010 Administrative Assistant • Under minimal supervision, provide administrative support including; coordination of front desk, telephone coverage for multiple phone lines, copier projects, transcribing and drafting correspondence, mail handling, inventory control, and weekly calendar planning. • Assist in preparation of exhibits, record and update pleading/discovery files and master indexes pertaining to client files, research, deliver and file legal documents. ACCESS Inc., YES Program, Youth to Youth Program February 2007 — January 2011 County of San Diego Contractor for Polinsky Children 's Center (PCC) — Youth Advocate • Provide supervision and comprehensive support to foster youth in crisis residing at PCC by mediating disputes between staff and residents and addressing positive and negative behavior, • Assist youth in preparing for emancipation through education of available community resources: education and scholarship opportunities, housing programs, employment, and healthcare. • Develop and co -facilitate educational presentations and workshops for residents concerning youth suitable topics: relationship building, skill development, goal setting, asset and financial literacy. • Supervise Hire -A -Youth participants, manage the Youth Reading Role Model Program, assist and participate in the Coordination of special events (Independent City, and 1LS events). 23 of 521 Candy P. Morales, MSW, ACSW 827 C Avenue, National City, CA 91950 (619)322-3510 candym orales9195 0@gmai1.com Family Health Centers of San Diego (EliCSD) — Teen Health Center Outreach Worker July 2005 — July 2007 State Certified Family Planning Health Worker, Peer Provider July 2002 — July 2005 Peer Educator July 2000 — July 2002 • Preventive health efforts through one-on-one reproductive health counseling, community networking, presentations, street outreach and local community gatherings. Target population: homeless, immigrants, substance abusers, adolescents, low-income children and families. • Develop and facilitate trainings and presentations to high school students, and other diverse populations regarding reproductive health, mental health and other appropriate youth related issues. • Assist in compiling data of individual outreach numbers, and annual data reports program funding. VOLUNTEER EXPERIENCE AND BOARD SERVICE Just In Time for Foster Youth (JIT) Commission on Children Youth and Families Board (CCYF) San Diego Workforce Partnership, Youth Council Yokohama, Japan Sister Society, Exchange Program Jim Casey Youth Opportunities Initiative Mothers Against Drunk Driving, Hispanic Action Committee 0 February 2005 — September 2010 May 2009 — August 2010 June 2008 — August 2010 February 2008 — March 2008 August 2006 — August 2009 July 2006 — July 2009 24 of 521 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Civil Service Commission Planning Commission Community & Police Relations Commission* (CPRC) Public Art Committee* __ Library Board of Trustees Traffic Safety Committee Parks, Recreation & Senior Citizens Advisory Board Port Commission Note: Applicants must be residents of the City of National City except for those marked by an * Applicants for the Community and Police Relations Commission must pass a criminal �baacckground check prior to appointment. Name: !/JG1 R rvz, 4 .z - 9 /'932 Home Address: / S``i` 7 ' aT" .,27,fPE ..r'R-L f rule Tel. No.: 4/9 35'r' TST 36 `s4,3-e_S Business Affiliation: Eilh z•,rR j?Ro?e-R7V,Seevpt7)/ Title: C),velL Business Address: 1 V' / i- '4 ' A.) , C . 91950 Tel. No.: ,) /9 3 2s I 3,6 Length of Residence in National City: San Diego County: g Y California: Educational Background: zr 47r-c — a[1ci£ // ceirD4am, y Occupational Experience: -44 , yC P�' Froce- _TA) © Ulf& 2_41 Alf{ 4•010 FNio - — — .s crrh'eoes7 Z. Crac.LEG, " -- t?tticA)1577 A-T,Xc.,v D�'= Professional or Technical Organization Memberships: /V,gTs-ambit. C� ivfl ER. e — SO A RI /O rif73 9--- Civic or Community Experience, Membership, or Previous Public Service Appointments: 14ThNAL Lryo ?Er►cg orrmr..EILS. ncng�rAS bExperieeor Special Kowedertaining to Areaa of nte-rest: 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: Signature: Please feel free to provide additional information or letters of endorsement. Please return completed form to: Office of the City Clerk 1243 National City Blvd, National City, CA 91950 Thank you for your interest in serving the City of National City. * Residency requirements may not apply This documents is filed as a public document Revised: March 2012 25 of 521 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: _ 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 26 of 521 CC/CDC-HA Agenda 2/7/2017 — Page 27 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) 27 of 521 Item # 02/07/17 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) 28 of 521 CC/CDC-HA Agenda 2/7/2017 — Page 29 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 December 6, 2016 and the minutes of the Special Meeting of the City Council of the City of National 29 of 521 Item # 02/07/17 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 DECEMBER 6, 2016 AND THE MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY OF JANUARY 30, 2017. (City Clerk) 30 of 521 Book 98 J Page 211 12-06-2016 DRAFT DRAFT DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY December 6, 2016 The Regular Meeting of the City Council --a cl 'Community Development Commission — Housing Authority of the City of fictional City was called to order at 6:08 p.m. by Mayor I Chairman Ron Morrasarn. ROLL CALL Council 1 Board members present: Cano; Mendivil, Morrison, Rios, Sotelo-Solis. Administrative Officials present: Dalla, Deese, Duong, Eiser, Manganiello, Parra, Raulston, Roberts, Stevenson,:Tellez, Vergaii), ha tis, Ybarra. Others present: City Treasure .Mitch Beaucand Student Representative Jose Estrada. y...: PLEDGE OF ALLEGIANCE TO THE FLAG: BY MAYOR RON MORRISON PUBLIC COMM'lS Jack Bazzi, National. City, expressed h1s; concerns about a new business he believes is conning to tr west,., ide and'::its potential impact on his existing business, PR�NTATIONS' w' PERSOW L NEW EMPLOYEE `INTRODUCTION PROGRAM (604-2-2) 1. Intr&i ction of I vv Employees — Luca Zapiello, Civil Engineering Technician, Jorge.-. Valdivia Guerrero Jr., Building Trade Specialist and Santiago Marron `Jr., Building Trade Specialist. (Engineering/Public Works) COUNCIL MEETING PRESENTATIONS 1 AWARDS & RECOGNITIONS 2016 ( 102-10-1 1) 2. 2017 Storm Water Calendar Presentation by Tirza Gonzales, Executive Secretary. (EngineeringlPublic Works) COUNCIL MEETING PRESENTATIONS I AWARDS & RECOGNITIONS 2016 (102-10-11) 3. Update on "Together, We Can" Campaign — Cristina Charlton, SDSU Intern. (City Manager) 31 of 521 Book 98 Page 212 12-06-2016 INTERVIEWS 1 APPOINTMENTS BOARDS & COMMISSIONS ADMIN (101-1-1) 4. Substitution Appointment to the City of National City District Sales Tax Proposition D Independent Committee. (Human Resources) ACTION: Motion by Mendivil, seconded by Cano, to appoint Ray Major to the Independent Committee. Carried by unanimous vote. CITY COUNCIL CONSENT CALENDAR ADOPTION OF CONSENT CALENDA ..:Item No. -I: (NCMC), Item No. 6 (Minutes), Item Nos. 7 through 21 (Re :a!ut on No. 2016-188.through 2016-202), Item No. 22 Item Nos. 23 and': (Report), y.... (Warrant Registers;=.:M.otion by Cano, seconded by Mendivil, to pull Item Nos.'7_ Ind 14, arid to approve the remainder of the Consent Calendar. Carried by unanimous MUNICIPAL CODE 2016 (5064- -1) 5. MOTION OF THE CITY"-000kC OF THE:CITY OF NATIONAL CITY APPROVING THE WAIVINP,OF THERFADING_OF THE TEXT OF THE ORDINANCES CONSIDERED AT T#lI:MEETI G AND PROVIDING THAT ,S1 i1 O INANCE$- SHALL B .INTRODUCED AND/OR ADOPTEE AFTER A I FADING• E'THE TITLE ONLY. (City Clerk) ACTION: Approved. See 6bove. APPROVAL OF MINUTES- 6., APPROVAL;cF THE INUTES OF THE REGULAR MEETINGS OF THE CITY COUNCIL. AND.:_cOMMUNITY DEVELOPMENT COMMISSION -- `HO.USING OF THE CITY_•=OF NATIONAL CITY OF NOVEMBER 1, 2016 AltIOVEMBER';y:1a, 2016= (City Clerk) _ACTION: AO:oved. See above. LIBRARY DEPT AD.MIN; (:0 04-1-6) 7. Resolution No '2016-188. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE IMPLEMENTATION OF A "HOLIDAY FOOD FOR FINES" PILOT PROGRAM FROM DECEMBER 7, 2016 THROUGH JANUARY 31, 2017 TO ACCEPT FOOD DONATIONS AT THE NATIONAL CITY LIBRARY IN EXCHANGE FOR THE REDUCTION OF OVERDUE LIBRARY FINES BY $1 FOR EACH ITEM DONATED IN HONOR OF THE HOLIDAY SPIRT OF GIVING. (Library) ACTION: Motion by Rios, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. 32 of 521 Book 981 Page 213 12-06-2016 CONSENT CALENDAR (cont.) COUNCIL POLICY MANUAL (102-13-1) 8. Resolution No. 2016-189. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY FOR THE ANNUAL ADOPTION OF CITY COUNCIL POLICY # 203, "INVESTMENTS," AS AMENDED, REPLACING "DIRECTOR OF ADMINISTRATIVE SERVICES" WITH "DEPUTY CITY MANAGER" IN APPENDIX I, "AUTHORIZED PERSONNEL." (Finance) ACTION: Adopted. See above. EQUIPMENT / VEHICLE PURCHASE ADMIN".(209-1-1 :,. 9. Resolution No. 2016-190. RESQLOPION OF THECITY COUNCIL OF THE CITY OF NATIONAL CITY: WAIVING THE :BID PROCESS BY PIGGYBACKING WESTERN '.:ISTATES CONTRACTING ALLIANCE (WSCA) CONTRACT MNWNC422, AND AUTHORIZING THE PURCHASE OF ENTERPRISE STOAG?FROM NIMBLE :STORAGE INC. FOR AN AMOUNT NOT TO EXCID:$`154,075.70. (MIS) ACTION: Adopted SIRO bove." FINANCIAL MANAGEMENT 20164017 (204 732) 10. Resolution -Norfl1.6-191. SOLUTION --OF THE CITY COUNCIL OF THE CIP6OF NATIONAL CO , U:TI IORIZING THE ESTABLISHMENT OF All' :',$8;500`s -„.MATERI LS' AND SUPPLIES ACCOUNT APPROPRIATION I1 :THE TRASH RATE STABILIZATION FUND AND COR SPOND1,NGE.' OF TRASH RATE STABILIZATION FUND FUND • ;BALANCE -,FOR THE PURCHASE OF PUBLIC LITTER {'CONTAINERS. (Engi.neering/P40 Works) ; ACTIO;=Adopt. See above. FINANCI I .MANAGEME T 20164017 (204-1-32) 11. Resoution No. 2016-192. RESOLUTION OF THE CITY COUNCIL OF THE CITY. OF NATIONAL CITY AUTHORIZING AN ENGINEERING DEPARTMENT GRANTS FUND APPROPRIATION OF $625,000 IN TRANSNET ATJVE TRANSPORTATION GRANT PROGRAM FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAL) FOR THE CITYWIDE MIDBLOCK PEDESTRIAN CROSSING ENHANCEMENTS PROJECT AND ESTABLISHMENT OF A CORRESPONDING REVENUE BUDGET. (Engineering/Public Works) ACTION: Adopted. See above. 33 of 521 Book 981 Page 214 12-06-2016 CONSENT CALENDAR (cont.) CONTRACT (C2016-32) 12_ Resolution No. 2016-193. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH A REASON TO SURVIVE, INC. (ARTS) IN THE NOT -TO -EXCEED AMOUNT OF $40,000 TO OVERSEE THE CONCEPTUALIZATION, CREATION, DESIGN AND FABRICATION OF CUSTOM BIKE RACKS FUNDED THROUGH A SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) TRANSNET ACTIVE TRANSPORTATION GRANT PROGRAM GRANT AND LOCAL MATCHING FUNDS. (Engineering/P.ublic Works) ACTION: Adopted. See above PARKING & TRAFFIC CONTROL AMNlON,2016 (801-2-37) 13. Resolution No. 2016-194. RESOLUTION OF THE CITY- COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING INSTALLATION OF ALL - WAY STOP CONTROTTHE INTER.CTIONS OF "K" AVENUE & E. 6TH STREET AND "J" ANEIstUE & E. 5TH STREET (TSC NO. 2016-16). (Engineering/Public Works), ACTION: Adopted. See abovry PARKING & TRAFFIC CONTROL AMIN'.2016 (801.2-37) 14. Resolution -:No. 2016-i95. RESOUTION OF THE CITY COUNCIL OF THE CITY O NATI AL CITY AUTHORIZING THE INSTALLATION OF STP_S QIGNS'AND�Y1ELP:$a_GNS TO PROVIDE TRAFFIC CONTROL AT JRIO:UUS 1.NTERSCTIONSWJTH•IN: THE NEIGHBORHOOD BOUND BY ALPHTRE,TO THE- l IORTH, DIVISION STREET TO THE ;:.SOUTH, EU LID ACYOUE TO THE EAST, AND 1-805 TO THE WEST =SC NO. 201617). (Engineering/Public Works) w ..._ ACTION: ';M tion Icy`` Rios, seconded by Cano, to adopt the =• ,Resolution.'. C rried by unanimous vote. "H. rya' PARKING & TR' FFIC ONTROL ADMIN 2016 (801-2-37) 1.5. Resolution N:o 2 6-196. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF TWO, 2-HOUR TIME RESTRICTED PARKING SPACES ON E. 6TH STREET ADJACENT TO MONTE DE PIEDAD, LOCATED AT 604 HIGHLAND AVENUE (TSC NO. 2016-19). (Engineering/Public Works) ACTION: Adopted. See above. 34 of 521 Book 981 Page 215 12-06-2016 CONSENT CALENDAR (cont.) PARKING & TRAFFIC CONTROL ADMIN 2016 (801-2-37) 16. Resolution No. 2016-197. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF FIVE, 2-HOUR TIME RESTRICTED PARKING SPACES LOCATED ON THE SOUTH SIDE OF E. 8TH STREET IN FRONT OF HARBORVIEW CONDOMINIUMS (TSC NO. 2016-18). (Enginring/Public Works) ACTION: Adopted. See above. PARKING & TRAFFIC CONTROL ADMIN 20141-2-37) 17. Resolution No. 2016-198. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CI .`.-,AUTHORIZIN,.INSTALLATION OF APPROXIMATELY 80 FEET trRED CURB "NO -PARKING" ON THE SOUTH SIDE OF E. 8TH STREET, WEST OF t`1';; AVENUE, TO ENHANCE VISIBILITY AND ACCESS FROWN" AVENUE:ONTO E. 8TH STREET (TSC NO. 2018-20). (Engi *" ublic Works) ACTION: AdopiL-,See above. t. PARKING & TRAFFIC CONTROL AtiMIN,2016 (8O1.2-37) 18. Resolution No, 2016-199.`�-=RESOL ` -.:ION OF ,THE CITY COUNCIL OF THE CITY OF. NATIONAL dtlY ALIMORIZINGF INSTALLATION OF 40 FEET CF LED CUF . "NO Pi JN ON'THE NORTH SIDE OF E.4TH STREET, BAST OF='!" AVENUE,:A" ND 40 FEET OF RED CURB NO PARKING"ON THE AOUTH SIB: OF E. 4TH STREET, WEST OF "B" AVENUE, TO`ENHANU iSIBILIT;Y.AND ACCESS FROM "B" AVENUE ONTO E. 4TH STRE_ET (TSC NO. 2016-21). (Engineering/Public Works) AC" N: Ado d. See*a e. EOJIP 4N T 1 VEHICIX PURCilASE ADMIN (209-1-1) 19. Re *Iution No. 201C-200. ' .11tESOLUTION OF THE CITY COUNCIL OF THECITY OF NATIONAL CITY AUTHORIZING THE ACCEPTANCE OF THE LOWEST, (RESPONSIVE, RESPONSIBLE BID, FOR THE PURCHASE OF (2) 2017 NISSAN ALTIMAS SR, FOR THE POLICE DEPARTMENT a FROM MOSSY NISSAN OF NATIONAL CITY, IN THE AMOUNT OF $51,603,06. (Finance) ACTION: Adopted. See above. 35 of 521 Book 981 Page 216 12-06-2016 CONSENT CALENDAR (cont.) EQUIPMENT 1 VEHICLE PURCHASE ADMIN (209-1-1) 20. Resolution No. 2016-201. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACCEPTANCE OF THE LOWEST, RESPONSIVE, RESPONSIBLE BID, FOR THE PURCHASE OF (1) 2017 FORD F250 SD SUPER CAB 148" XL, (1) 2017 FORD F250 SD SUPER CAB 164" XL WITH SERVICE BODY, AND (1) 2017 FORD F450 SD SUPER CAB 168" X :;3NI H SERVICE BODY FOR THE PUBLIC WORKS DEPARTMENT FROM NORTH COUNTY FORD OF VISTA, IN THE AMOUNT OF $131,6 ' :60 (Finance) ACTION: Adopted. See above. EQUIPMENT / VEHICLE PURCHASE ADM (209-1-1) 21. Resolution No. 2016-202, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACCEPTANCE OF THE LOWEST, RESPONSIVE, RES?QNSIBLE BID, FOR THE PURCHASE OF (1) 2016 ,TOYOTA`H LGHLANDER XLE, FOR THE POLICE DEPARTMENV;FROM TOYOTA SAN DIEGO OF SAN DIEGO, IN THE AMOUNT OF $38,,:563,45 Finance).: ACTION: Adopted. See aboveL.: FINANCIAL MANAGEMENT 2016-2017 (3204 1 32) . 22. Investmern#:.Report foie the quarte,ended September 30, 2016. (Finance) ACTION; FilecL See abov WARE 1T RE , ISTER 4ULY 2016 JUNE_,-2017 (202-1-31) 23, = Warrant Register tOlT for the period of 10/19/16 through 10/25/16 in the amount of $2485,391.15 (Finance) ACTION-:-.Ratified-:.:See above. WARRANT`SREGISTER .J LY 2016 -- JUNE 2017 (202-1-31) 24. Warrant Register #08 for the period of 10/26/16 through 11/01/16 in the amount of'$1 79.1=.1247.42. (Finance) ACTION -`Ratified. See above. 36 of 521 Book 981 Page 217 12-06-2016 PUBLIC HEARINGS CONDITIONAL USE PERMITS 2016 (403-31-1) 25. Public Hearing — Conditional Use Permit for a craft beer tasting room (Embarcadern Brewing) to be located at 340 West 26th Street, Suite "D." (Applicant: Jorge Molina) (Case File 2016-21 CUP) (Planning) RECOMMENDATION: Staff recommends the approval of the Conditional Use Permit. TESTIMONY: None, ACTION: Motion by Sotelo-Solis, orided by Cano, to close the K-'-+. S Public Hearing. Carried by unanir;hu§ ,vote. Motion by Cano, seconded by Medivil, tt approve the Conditional Use Permit. Carried by unartous vote. STREET VACATION ADM1N 2011-2020 (902-26-6) 26. Public Hearing — Proposed Street Vacation of a segment.. of "A" Avenue located south of East nth Street and arth:of East 29th Street. Hearing reopened at City Cou il Meeting of;-;$ iteniber 6, 2016* (Applicant: Frank Motors) (Case File-.N0;'2013-23 SC): Planning) RECOMMENDATION: CItse tFe,:'Public Hearing and direct staff to retum with a Resolut on taking aoh to on tY Kaet vaogipn request. TESTIMONY Ron Fornaca, repres sting firi0 applicant, responded to:.:gestions. > Josiah Leon,National Cityk.spoke in opposition. ManuelMarruarida, National City, spoke in opposition. Juan Romero,,-Natilonal City,, spoke in support of the traffic signal -and-prohibits g employee street parking ACTION: Motion by CanQ;.,.seconded by Mendivil, to close the Public-Hearinq:'.Carried by unanimous vote. Motion by: Sotelo-$oiis, seconded by Cano, to deny the proposed MStreet Vation. Failed by the following vote, to -wit: Ayes: Cano, ?"Sotelo-Solis:°'_- Nays: Mendivil, Morrison, Rios. Abstain: None. Abent: None;: Mof'vr1 by ;Morrison, seconded by Rios, to approve the proposed Street Vacation. Carried by the following vote, to -wit: Ayes: Mendivil, Morrison, Rios. Nays: Cano, Sotelo-Solis. Abstain: None. Absent: None, 37 of 521 Book 981 Page 218 12-06-2016 ORDINANCES FOR INTRODUCTION MUNICIPAL CODE 2016 (506-2-31) 27. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTIONS 2.60.035, 2.60.250, AND 2.60.270 OF THE NATIONAL CITY MUNICIPAL CODE RELATED TO THE CITY MANAGER'S CONTRACTING AUTHORITY. (City Attorney) MUNICIPAL CODE 2016 (506-2-31) 28. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2016 CALIFORNIA FIRE CODE & THE NATIONAL FIRE PROTECTION ASSOCIATION STANDARDS. IN ADDITION TO ALL APPENDICES'RELATED ,TO THESE CODES. (Fire/Building) MUNICIPAL CODE 2016 (506-2-31) 29. AN ORDINANCE OF THE CITY COUNCIL,OK THE CITY OF NATIONAL CITY ADOPTING THE ' 2016 CALIFORNIA BUILDING CODE. IN ADDITION TO ALL APPENDICES RELATED TO THESE CODES. (FirelBuilding) MUNICIPAL CO 2016 06-2-31)_ 30. AN ORDa1 ONCE F-THE CI'i C CIL .:THE CITY OF NATIONAL CITY ADOPTING THE 2016 CALIFORNIA ELECTRICAL CODE & THE 2014 NATOAL .ECTRICAA1_ CODE. IN ADDITION TO ALL APPENDICES6PPcNDICES13,ELATE07.2:THE CODES. (Fire/Building) MUNICIPAL CO }. 2:016 (506-2-31) 31. AN ORDINAN OF TIIE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE:'. .2016 CALIFORNIA ENERGY CODE. IN ADDITION TO +ALL APPENDICES RELATED TO THESE CODES. (FirelBuilding) t MUNICIPAL CODE._201,6506-2-31) 32. AN ORDINANC}E OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2016 CALIFORNIA GRADING CODE. !N ADDITION TO ALL APPENDICES RELATED TO THESE CODES. (Fire/Building) MUNICIPAL CODE 2016 (506-2-31) 33. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2016 CALIFORNIA GREEN CODE. IN ADDITION TO ALL APPENDICES RELATED TO THESE CODES. (Fire/Building) 38 of 521 Book 98 / Page 219 12-06-2016 ORDINANCES FOR INTRODUCTION (cont.) MUNICIPAL CODE 2016 (506-2-31) 34. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2016 CALIFORNIA MECHANICAL CODE. IN ADDITION TO ALL APPENDICES RELATED TO THESE CODES, (Fire/Building) MUNICIPAL CODE 2016 (506-2-31) 35. AN ORDINANCE OF THE CITY COUNCLOF THE CITY OF NATIONAL CITY ADOPTING THE 2016 CALIFt N:1A _ PLUMBING CODE. IN ADDITION TO ALL APPENDICES 'RELATED TO THESE CODES. (Fire/Building) MUNICIPAL CODE 2016 (506-2-31) =rf 36. AN ORDINANCE OF THE CITY UNCIL Of THE CITY OF NATIONAL CITY ADOPTING THE. 2016 CALIFORNIA. -1EStDENTIA`. CODE. IN ADDITION TO ALL .APPENDICES RELATED TO THESE CODES. (Fire/Building) NON CONSENT RESOLUTIONS:. , LABOR RELATI, S P 'TIME 1 P 1'SEASONAL 2015 — 2025 (605-7- 3) tyti+ 37. Resolution" t . 2016493. RESOLUTION OF THE CITY COUNCIL OF TliE C TY OF VIA L CITY .,.APPROVING A 4.48% SALARY ADJUSTMENT ;FDR THE' PART --TIE AND SEASONAL EMPLOYEE GROUP '-EFFECTIVE, JANUAR1 1, 2017; AND MOVING THE CLASSIFICATIONS 'mow ,PART TIME PROPERTY AND EVIDENCE 3?:.ECIAL!ST 1Afp NAVE DISPATCHER FROM RANGES PT132 AND P T0, RESPEaTJVELY TO PT127 AND PT156, RESPECTIVELY IN RESPONSE TO s HE JANUARY 1, 2017 STATE OF CALIFORNIA MANDA '-,; MINI[M WAGE INCREASE. (Human Resources) RECOM ATTIb:N: Adopt the Resolution. TESTIMONY: None. ACTION `Motion by Rios, seconded by Sotelo-Solis, to adopt the Resolution. Carried by unanimous vote. 39 of 521 Book 98 ! Page 220 12-06-2016 NON CONSENT RESOLUTIONS (cont.) CONTRACT (C2016-58) 38. Resolution No. 2016-204. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH FINANCIAL CREDIT NETWORK, INC. FOR COLLECTION SERVICES FOR THE PERIOD DECEMBER •6, 2016 THROUGH JUNE 30, 2019 WITH 1WO;ADDITIONAL ONE-YEAR OPTIONS. (Finance) RECOMMENDATION: Adopt the Resolutidi' TESTIMONY: None. ACTION: Motion by Rios, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. NEW BUSINESS CONDITIONAL USE PERMITS 2016 403-3 39. Notice of Decision — Pinning Commiss190approval of a Conditional Use Permit for the expansion of a,:gas sta ' Ih convenience store at 1803 Highland Avenue. (Appli;cant VI aeI Rafe (Case File 2016-17 CUP) (Planning) RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends:thatthg: Notice-of:Decision be filed. TESTIMONY: ,,None. ACTION:,Motion :by Sotelo-Solis, seconded by Mendivil, to approve staff recor�nrraen�dat c n. Motionwithdrawn by maker. 4t on by S #elo-Solis,.seooncied by Rios, to set for Public Hearing. Carred,by unanimous vote - CONDITIONAL USE P RMITS'' 16 (403-31-1) 40. Notice of Decision:- Planning Commission approval of a Conditional Use Permk:to convert `a. three unit multi -family development to condominiums at 1404 &,.,1408 Coolidge Avenue and 316 West 14th Street. (Applicant: William Lewailer Case File 2016-18 CUP) (Planning) RECOMMEN ATION: Staff concurs with the decision of the Planning Commission ahei recommends that the Notice of Decision be filed. TESTIMONY: None. ACTION: Motion by Mendivil, seconded by Morrison, to approve staff recommendation. Carried by the following vote, to -wit: Ayes: Mendivil, Morrison, Cano. Nays: Rios, Sotelo-Solis. Abstain: None. Absent: None. 40 of 521 Book 98 l Page 221 12-06-2016 COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY NON CONSENT RESOLUTIONS — HOUSING AUTHORITY CONTRACT (C2016-49) HOUSING AUTHORITY 2016 (404-1-5) 41. Resolution No. 2016-46. RESOLUTION . OF THE COMMUNITY DEVELOPMENT COMMISSION -HOUSING .AUTHORITY OF THE CITY OF NATIONAL CITY AUTHORIZING THE `EXECUTIVE DIRECTOR TO EXECUTE AN EXCLUSIVE NEGOTIATINO AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF ThE. "CITY OF NATIONAL CITY AND COMMUNITY HOUSINGWORK :; INC., A CALIFORNIA NON-PROFIT PUBLIC BENEFIT CORPORATION, AND MERCY HOUSING CALIFORNIA, INC., A CALIFORNIA NONPROFIT PUBLIC BENEFIT CORPORATION FOR THE RECAPITALIZATJON AND REHABILITATION RECOMMENDATIONi.:Adopt the Resooluti TESTIMONY: Paul Drowning, representing Serving Seniors, spoke against the resolution and ..urged pursuing a Request for Proposal (RFP) process. Walter- Hierg, representing pllea, spoke in support of a RFP prq9eSs with a Project i4iorcAireement, (PLA). Mfg, Thorripson, representing Morgan-Kimbail Community Partners, spoke In support f=za RFP process. Vary Jane,_ : 4dzn; .ici, reProisenting Community Housing Works, spoke in support of the�iResol Lion. Jottr.. ,eymour, represents g_ National Core, spoke in support of a RFP pross anda PLA. ACTION: _ lotion ice, :Morrison, seconded by Cano, we put out for an RFP, be in,4sive af. what all should be in there and also include elements of `a- Project Labor\Agreement (PLA) within it. If there is c1e rly a single entity that is head and shoulders above anyone else it Wo ki qi me back to us. If there are two that are relatively close then '-they :.would come back and go through the negotiation process: The maker and second agreed to include as part of the motion, that there be a formal agreement for all developers desiring to participate in the RFP orocess to share in the cost. Motion carried arrived by the following vote, to -wit: Ayes: Cano, Morrison, Rios, Sotelo-Solis. Nays: Mendivil. Abstain: None. Absent: None. 41 of 521 Book 98 I Page 222 12-06-2016 STAFF REPORTS None MAYOR AND CITY COUNCIL City Treasurer Mitch Beauchamp reported that a couple of trees have been removed from Sweetwater Heights Park, illegal yard sales are on the increase and Butterfly Park needs some attention. Member Mendivil reminded everyone about the Spir;ofthe Holidays breakfast at the Fire Station on December 10in and comple e#ed the work being done by our graffiti crew. Member Sotelo-Solis spoke of the Neighb .rhood Council))breakfast on Saturday, expressed pride in staff for being flexibte„and working with ihe City Council and requested that staff return in January voiiinformation for a possible campaign for a Building Welcoming Communities initiatlr Member Rios expressed her appreciation for staff and all the work they do, reported on the successful ap'ening__of the new. Drunken Donuts store and mentioned some concerns she has h&itti .regarding the new round -about. Member Cano complemented staff `for the -'catty_ improvements at the Police Department and�tkie improved situatiomwiih 'RV parking in the City. Member Cano relayed a; inquiry about the'- psibility of having parking for military personnel. MayorMaypr,Morhsoltvoke about Dunkin=.ppnuts>'and that he believes that some of the affic and congestion ` .roablems in the area will subside in a short time; stated that= he reverse ar gle .parking is working well throughout the City except along "D" A'venue; presented =a cheek`• to the City Manager for $23,242 from the Regional-Aplid Waste Association "gash Stabilization Fund and suggested the Council Meeting be adjourned to December 13fn CLOSED SESSIQ (,._REPORT Interim CityAttorney G or a Eiser stated there was nothingto report from the ,�,. g p Closed Session. (See'attached Exhibit "L') ADJOURNMENT Motion by Sotelo-Solis, seconded by Rios, to adjourn the meeting to the next Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City_ to be held Tuesday, December 20, 2016 at 6:00 P.M. at the Council Chambers, National City, California. Carried by unanimous vote. 42 of 521 The meeting closed at 10:10 p.m. Book 98 t Page 223 12.06-2016 City Clerk The foregoing minutes were approved at the Rtlar Meeting of February 7. 2017. Mayor. . City Council and Community`wpment Contission - Housing Authority of the City of National City Mee ig Schedule forine Period January 3, 2017 through January 17, 2017: January 03-,pispenseVijth Meetir ;- 6 pm January 17 •-•Ftegular MeOng - 6:0 43 of 521 EXHIBIT ‘1.1 ussiottomitr AGENDA OF A SPECIAL MEETING cm( COUNCIL OF THE CITY OF NATIONAL GITY Main Conference Room Civic Center • - 1243 National City Boulevard National Cityl California • Special Meeting - Tuesdali)iCember 6, 2016 — 5:00 pan. ROLL CALL • , -.!:-..:,-- CITYCOUNCIL ...' ,, . ,.;::::-44; CLOSEDSESSION '--.:.',.. '-;.1.., .:-'!-,..-4.• 1. Conference with .Legal COEssel — Existiki. Litigation Government Dade Section 64456 9(a) -7 „ , Attie", Flares v. City 0 : Notional 'Qty.,: et al. , .— . . -.1J;S. Distild.Court CasChlo. 16CV1468 W DHB . ,•,..... ..- . • ..„ 2:.-Conference withi..eRat Cca1,— Existing Litigation arnment Codalkotion 640 9(a) Eit#Thpinas v. City*Aptional eitA et al. U.S: rt)ietrict Court Ca0010. 16 CV 1879 BAS MDD ADJOURNMENT Next Regular City .Council Meeting: Tuesday, December 6, 2016, 600 p.m., Council Chambers, Civic Center 44 of 521 Book 99 ! Page 13 01-30-2017 DRAFT DRAFT DRAFT MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY January 30, 2017 The Special Meeting of the City Council of the City of .national City was called to order at 6:01 p.m. by Mayor Ron Morrison. ROLL CALL Council / Board members present: Mendivil,.Morrison, Rios, Sotelo-Solis. Council / Board members absent: Cann.... Administrative Officials present: D; IIa; Deese, Eiser, -Raulston, Roberts, Stevenson, Williams. {. -:. ::gip PLEDGE OF ALLEGIANCE TO, THE FLAG.BY,NIAYOR RON MORRISON PUBLIC COMMENTS None. BUSINESS EMERGENCY D GLARATI_ON ADMIN: 1-1-2) 1, Resolution No. 2017-11; :RESOLUTION OF THE CITY COUNCIL OF THE GUY :Of NATIONAL CE .rRA T 1FYI ; THE PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY BY THE EMERGENCY :.::SERVICES DIRECTOR:, ,..(City Attorney) COMMENDOON: } opt the Resolution. TESTIMONY Nonce.i: -ACTION: fk ion by Sotelo-Solis, seconded by Rios, to adopt the '>:Resolution. _ carried by the following vote, to -wit: Ayes: Mendivil, Morrison, I , Sotelo-Solis, Nays: None. Abstain: None. Absent: Cana.` ADJOURNMENT Motion by Sotelo-Solis, seconded by Mendivil, to adjourn the meeting to the next Adjourned Reoular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City — Budget Workshop to be held Tuesday, February 7, 2017 at 4:00 D.M. at the Council Chamber, National City, California. Carried by the following vote, to -wit: Ayes: Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Abstain: None, Absent: Cano. 45 of 521 Book 99 ! Page 14 01-30-2017 City Clerk The foregoing minutes were approved at the Regular Meeting of February 7, 2017 Mayor 46 of 521 CC/CDC-HA Agenda 2/7/2017 — Page 47 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement between the City of San Diego Office of Homeland Security and the City of National City, and authorizing the establishment of an appropriation and co 47 of 521 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 7, 2017 • AGENDA ITEM NO. I ITEM TITLE: !Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement between the City of San Diego Office of Homeland Security and the City of National City, and authorizing the establishment of an appropriation and corresponding revenue budget in the amount of $219,010 from the FY16 Urban Area Security Initiative (UASI) Grant Funds for the reimbursable grant purchase of equipment, planning, and training for the Police and Fire Departments. (Fire) PREPARED BY: Frank Parra DEPARTMENT: Fir PHONE: K619) 336-4551 APPROVED BY: EXPLANATION: This Agreement documents the roles, responsibilities, and expectations at the local, state, and federal levels and ensures that the City of National City, as a participant in the program, agrees to meet state and federal requirements. The UASI grant provides funding for equipment, planning, and training needed to respond to natural or man-made disasters or terrorism incidents that may occur in the San Diego urban area. This grant program requires the City to incur expenses for equipment, planning, and training for police and fire personnel, and then apply for reimbursement. This Agreement requires subrecipient indemnification and as such needs Council approval. This request authorizes the establishment of an appropriation and corresponding revenue budget in the amount of $219,010 from the FY16 Urban Area Security Initiative (UASI) Grant Funds. The bulk of the appropriation ($200,000 — $158,435 for equipment and $41,565 for installation) will be used to upgrade three radio consoles to the new P25 MC7500 consoles at National City Police Dispatch. The remaining $10,000 will go toward planning and $9,010 for training for the Fire and Police Departments. FINANCIAL STATEMENT: APPROVED: `7,°rig Finance ACCOUNT NO. APPROVED: MIS !Expenditure Account: 282-411-937-515-0000 Communication Equipment - $200,000, 282-411-937-226-0000 Training - $4,505, 282-412-937-226-0000 Training - $4,505, 282-412-937-502-0000 Computer Equipment - $10,000 Revenue Account: 282-11937-3498 - $204,505 & 282-12937-3498 - $14,505. No City match required. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: i I STAFF RECOMMENDATION: Approve the Resolution. BOARD ! COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Agreement between the City of San Diego Office of Homeland Security and the City of National City for the distribution of FY16 Urban Area Security Initiative (UASI) grant funds 2. Resolution 48 of 521 AGREEMENT BETWEEN THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY AND THE CITY OF NATIONAL CITY FOR THE DISTRIBUTION OF FY 2016 UASI GRANT FUNDS THIS AGREEMENT is made this day of Fe1 rua ry 7 , 201* the City and County of San Diego, State of California, by and between the CITY OF NATIONAL CITY ("SUBRECIPIENT") and the CITY OF SAN DIEGO, a municipal corporation ("San Diego" or "City"), in its capacity as fiscal agent for the Approval Authority, as defined below, acting by and through the San Diego Office of Homeland Security ("OHS"). RECITALS WHEREAS, The United States Department of Homeland Security ("DHS") designated San Diego as an eligible high risk urban area through an analysis of relative risk of terrorism, the San Diego Urban Area ("SDUA") was established for the purpose of application for and allocation and distribution of federal Urban Areas Security Initiative ("UASI") program grant funds; and WHEREAS, The Urban Area Working Group ("UAWG"), a collaborative subcommittee established by the San Diego County Unified Disaster Council, was established as the Approval Authority for the SDUA, to provide overall governance of the homeland security grant program across the SDUA, to coordinate development and implementation of all UASI program initiatives, and to ensure compliance with all UASI program requirements; and WHEREAS, The City of San Diego Office of Homeland Security ("SD OHS"), as the "core city" for the SDUA, will serve as the chair and the UASI Grant Administrator, and SD OHS Executive Director is responsible for implementing and managing the policy and program decisions of the Approval Authority, directing the work of the UASI Management Team personnel, and performing other duties as determined and directed by the Approval Authority, and WHEREAS, San Diego has been designated as the grantee for UASI funds granted by the DHS through the California Office of Emergency Services ("Cal OES") to the SDUA, with responsibility to establish procedures and execute subgrant agreements for the distribution of UASI program grant funds to jurisdictions selected by the Approval Authority to receive grant funding; and WHEREAS, San Diego has been designated to serve as the fiscal agent for the Approval Authority, and to establish procedures and provide all financial services for distribution of UASI program grant funds within the SDUA; and WHEREAS, Pursuant to grant allocation decisions by the Approval Authority, the UASI Management Team has asked San Diego to distribute a portion of the regional UASI grant funds to SUBRECIPTFNT on the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained in this Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows: FY 16 UASI — SUBRECIPIENT Pan, 1 , f 1 49 of 521 November 1, 2016 ARTICLE 1 DEFINITIONS 1.1 Specific Terms. Unless the context requires otherwise, the following capitalized terms (whether singular or plural) shall have the meanings set forth below: (a) "ADA" shall mean the Americans with Disabilities Act (including all rules and regulations there under) and all other applicable federal, state and local disability rights legislation, as the same may be amended, modified or supplemented from time to time. (b) "Authorized Expenditures" shall mean expenditures for those purposes identified and budgeted in the SUBRECIPIENT Award Letter (Appendix A) and/or approved modification. (c) "Event of Default" shall have the meaning set forth in Section 7.1. (d) "Fiscal Quarter" shall mean each period of three calendar months commencing on July 1, October 1, January 1, and April 1, respectively. (e) "Grant Funds" shall mean any and all funds allocated or disbursed to SUBRECIPIENT (DUNS#tr 07 2 4 9 4 0 7 3 0)001:ier this Agreement. This Agreement shall specifically cover funds allocated or disbursed from Cal OES Grant No. 2016-0102, Cal OES ID No. 073-66000, CFDA No. 97.067, per Cal OES award notice dated September 16, 2016. (f) "Grant Plan" shall mean the plans, performances, events, exhibitions, acquisitions or other activities or matter, and the budget and requirements, described in the approved Financial Management Forms Workbook (FMFW). If SUBRECIPIENT requests any modification to the Grant Plan, SUBRECIPIENT shall submit a written request to the SD OHS Executive Director with the following information: Scope of change requested, reason for change, proposed plan for change, summary of approved and requested modifications to the Grant Plan, and any necessary approvals in support of change (e.g., EHP). (g) "Indemnified Parties" shall mean: (i) San Diego, including all commissions, departments including OHS, agencies, and other subdivisions of San Diego; (ii) San Diego's elected officials, directors, officers, employees, agents, successors, and assigns; and (iii) all persons or entities acting on behalf of the foregoing. (h) "Losses" shall mean any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, judgments, fees, expenses and costs of whatsoever kind and nature (including legal fees and expenses and costs of investigation, of prosecuting or defending any Loss described above) whether or not such Loss be founded or unfounded, of whatsoever kind and nature. (i) "Reimbursement Request" shall have the meaning set forth in Section 3.10(a). (j) "UASI Management Team" shall mean The City of San Diego Office of Homeland Security Executive Director, Program Manager, Supervising Homeland Security Coordinator, as well as project, grant, and administrative staff. The Executive Director appoints members to the Management Team to implement the policies of the UAWG. (k) "Pass -through entity" shall mean a non -Federal entity that provides a sub award to a subrecipient to carry out part of a Federal Program. FY 16 UASI— SUBRECIPIENT November 1, 2016 1.2 Additional Terms. The terms "as directed," "as required" or "as permitted" and similar terms shall refer to the direction, requirement, or permission of City. The terms "sufficient," "necessary" or "proper" and similar terms shall mean sufficient, necessary or proper in the sole judgment of City, The terms "approval," "acceptable" or "satisfactory" or similar terms shall mean approved by, or acceptable or satisfactory to, City. The terms "include," "included" or "including" and similar terms shall be deemed to be followed by the words "without limitation." The use of the term "subcontractor," "successor" or "assign" herein refers only to a subcontractor, successor or assign expressly permitted under Article 8. 1.3 References to this Agreement. References to this Agreement include: (a) any and all appendices, exhibits, schedules, and attachments hereto; (b) any and all statutes, ordinances, regulations or other documents expressly incorporated by reference herein; and (c) any and all amendments, modifications or supplements hereto made in accordance with Section 10.2. References to articles, sections, subsections or appendices refer to articles, sections or subsections of or appendices to this Agreement, unless otherwise expressly stated. Terms such as "hereunder," "herein" or "hereto" refer to this Agreement as a whole. 1.4 Reference to laws. Any reference in this Agreement to a federal or state statute, regulation, executive order, requirement, policy, guide, guideline, information bulletin, or instruction shall mean that statute, regulation, executive order, requirement, policy, guide, guideline, information bulletin, or instruction as is currently in effect and as may be amended, modified or supplemented from time to time. ARTICLE 2 ALLOCATION AND CERTIFICATION OF GRANT FUNDS; LIMITATIONS ON SAN DIEGO'S OBLIGATIONS 2.1 Risk of Non -Allocation of Grant Funds. This Agreement is subject to all federal and state grant requirements and guidelines, including DHS and Cal OES requirements, guidelines, information bulletins, and instructions, the decision -making of the Cal OES and the Approval Authority, the terms and conditions of the grant award; the approved application, and to the extent applicable the budget and fiscal provisions of the San Diego City Charter. The Approval Authority shall have no obligation to allocate or direct disbursement of funds for this Agreement in lieu of allocations for new or other agreements. SUBRECIPIENT acknowledges and agrees that grant decisions are subject to the discretion of the Cal OES and Approval Authority. Further, SUBRECIPIENT acknowledges and agrees that the City shall have no obligation to disburse grant funds to SUBRECIPIENT until City and SUBRECIPIENT have fully and finally executed this Agreement. SUBRECIPIENT acknowledges and agrees that if it takes any action, informal or formal, to appropriate, encumber or expend Grant Funds before final allocation decisions by Cal OES and the Approval Authority, and before this Agreement is fully and finally executed, it assumes all risk of possible non -allocation or non -reimbursement of funds, and such acknowledgement and agreement is part of the consideration of this Agreement. 2.2 Certification of Controller; Guaranteed Maximum Costs. No funds shall be available under this Agreement without prior written authorization certified by the San Diego Chief Financial Officer as set forth in Section 39 of the City of San Diego City Charter: "No contract, agreement, or other obligation for the expenditure of public funds shall be entered into by any officer of the City and no such contract shall be valid unless the Chief Financial Officer shall certify in writing that there has been made an appropriation to cover the expenditure and that there remains a sufficient balance to meet the demand thereof." ARTICLE 3 PERFORMANCE OF THE AGREEMENT FY 16 UASI — SUBRECIPIENT November I, 2016 3.1 Duration of Term. The term of this Agreement shall commence on NOVEMBER 1, 2016 and shall end at 11:59 p.m. San Diego time on JANUARY 31, 2019. 3.2 Maximum Amount of Funds. In no event shall the amount of Grant Funds disbursed hereunder exceed the amount awarded under the SUBRECIPIENT Award letter (Appendix A), Training and Exercise Participation Award Letter and/or approved modification. The City will not automatically transfer Grant Funds to SUBRECIPIENT upon execution of this Agreement. SUBRECIPIENT must submit a Reimbursement Request under Section 3.10 of this Agreement, approved by the UASI Management Team and City, before the City will disburse Grant Funds to SUBRECIPIENT. 3.3 Use of Funds. (a) General Requirements. SUBRECIPIENT shall use the Grant Funds received under this Agreement for the purposes and in the amounts set forth in the Grant Plan. SUBRECIPIENT shall not use or expend Grant Funds for any other purpose, including but not limited to, for matching funds for other federal grants/cooperative agreements, lobbying or intervention in federal regulatory or adjudicatory proceedings, or to sue the federal government or any other government entity. SUBRECIPIENT shall not permit any federal employee to receive Grant Funds. (b) Modification of Grant Plan. Under Sections 1.1(f) and 10.2 of this Agreement, SUBRECIPIENT may submit a written request to modify the Grant Plan. SUBRECIPIENT shall not appropriate, encumber or expend any additional or reallocated Grant Funds pursuant to such a request for modification until the SD OHS Executive Director or designee has provided written approval for the request. In addition, if the modification request requires approval from the Approval Authority and/or Cal OES, as determined by the SD OHS Executive Director, SUBRECIPIENT shall not appropriate, encumber or expend any additional or reallocated Grant Funds pursuant to the modification request without approval from the Approval Authority and/or Cal OES. (c) No Supplanting. SUBRECIPIENT shall use Grant Funds to supplement existing funds, and not replace (supplant) funds that have been appropriated for the same purpose. (d) Obligations. SUBRECIPIENT must expend Grant Funds in a timely manner consistent with the grant milestones, guidance and assurances; and make satisfactory progress toward the goals, objectives, milestones ?and deliverables in this Agreement. (e) Subawards. SUBRECIPENT is not an authorized pass -through entity and is not authorized to make any subawards of Grant Funds. 3.4 Grant Assurances; Other Requirements; Cooperation with Monitoring. (a) SUBRECIPIENT shall comply with all Grant Assurances included in Appendix B, attached hereto and incorporated by reference as though fully set forth herein. SUBRECIPIENT shall require all contractors and other entities receiving Grant Funds from SUBRECIPIENT to execute a copy of the Grant Assurances, and shall ensure that they comply with those Grant Assurances. (b) In addition to complying with all Grant Assurances, SUBRE.CIPIENT shall comply with all applicable statutes, regulations, executive orders, requirements, policies, guides, guidelines, information bulletins, Cal OES grant management memos, and instructions; the terms and conditions of the grant award; the approved application, and any conditions imposed by Cal OES or the Approval Authority. SUBRECIPIENT shall require and ensure that all contractors and other entities receiving Grant Funds from SUBRECIPIENT comply with all applicable statutes, regulations, executive orders, requirements, policies, guides, guidelines, information bulletins, Cal OES grant management memos, and FY 16 UASI — SUBRECIPIENT November 1, 2016 instructions; the terms and conditions of the grant award; the approved application, and any conditions imposed by Cal OES or the Approval Authority. (c) SUBRECIPIENT shall promptly comply with all standards, specifications and formats of San Diego and the UASI Management Team, as they may from time to time exist, related to evaluation, planning and monitoring of the Grant Plan and compliance with this Agreement. SUBRECIPIENT shall cooperate in good faith with San Diego and the UASI Management Team in any evaluation, inspection, planning or monitoring activities conducted or authorized by DHS, Cal OES, San Diego or the UASI Management Team. For ensuring compliance with non -supplanting requirements, upon request by City or the UASI Management Team, SUBRECIPIENT shall supply documentation certifying that a reduction of non-federal resources occurred for reasons other than the receipt or expected receipt of Grant Funds. 3.5 Administrative, Programmatic and Financial Management Requirements. SUBRECIPIENT shall establish and maintain administrative, programmatic and financial management systems and records in accordance with federal and State of California requirements. This provision requires, at a minimum, that SUBRECIPIENT comply with the following non-exclusive list of regulations commonly applicable to DHS grants, as applicable to this Agreement and the Grant Plan: (a) Administrative Requirements: 1. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (formerly 44 CFR Part 13, OMB Circulars A-21, A-87, A-89, A-102, A-110, A-122, and A-133). (b) Cost Principles: 1. 2 CFR Part 200, Subpart E - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (formerly 44 CFR Part 13, OMB Circulars A-21, A-87, A-89, A-102, A-110, A-122, and A-133); 2. Federal Acquisition Regulations (FAR), Part 31.2 Contract Principles and Procedures, Contracts with Commercial Organizations. (c) Audit Requirements: 1. 2 CFR Part 200 Subpart F - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (formerly 44 CFR Part 13, OMB Circulars A-21, A-87, A-89, A-102, A-110, A-122, and A-133). 3.6 Technology Requirements. (a) National Information Exchange Model ("NIEM"). SUBRECIPIENT shall use the latest NIEM specifications and guidelines regarding the use of Extensible Markup Language ("XML") for all awards of Grant Funds. (b) Geospatial Guidance. SUBRECIPIENT is encouraged to use Geospatial technologies, which can capture, store, analyze, transmit and/or display location -based information (i.e., information linked to a latitude and longitude), and to align any geospacial activities with the guidance available on the Federal Emergency Management Agency.("FEMA") website. (c) Criminal Intelligence Systems Operating Policies. Any information technology system funded or supported by Grant Funds shall comply with 28 CFR Part 23, Criminal Intelligence Systems Operating Policies, if applicable. (d) SUBRECIPIENT is encouraged to use the DHS guidance in Best Practices for Government Use of CCTV- Implementing the Fair Information Practice Principles, if Grant Funds are FY 16 UASI — SUBRECIPIENT November 1, 2016 used to purchase or install closed circuit television (CCTV) systems or to support operational CCTV systems. 3.7 Procurement Requirements. (a) General Requirements. SUBRECIPIENT shall follow its own procurement requirements as long as those requirements comply with all applicable federal and State of California statutes, regulations, requirements, policies, guides, guidelines and instructions, including the most recent restrictions in Executive Order 13688 on purchases of specified controlled equipment (see NOFO at pg. 59). (b) Contract Provisions. All contracts made by the SUBRECIPIENT using Grant Funds must contain the applicable contract clauses described in Appendix II to the Uniform Rules (Contract Provisions for non -Federal Entity Contract Under Federal Awards). 2C.F.R. § 200.326. (b) Specific Purchases. If SUBRECIPIENT is using Grant Funds to purchase interoperable communication equipment, SUBRECIPIENT shall consult DHS's SAFECOM's coordinated grant guidance, which outlines standards and equipment information to enhance interoperable communication. If SUBRECIPIENT is using Grant Funds to acquire critical emergency supplies, prior to expending any Grant Funds, SUBRECIPIENT shall submit to the UASI Management Team for approval by Cal OES a viable inventory management plan, an effective distribution strategy, sustainment costs for such an effort, and logistics expertise to avoid situations where funds are wasted because supplies are rendered ineffective due to lack of planning. (c) Bond requirement. SUBRECIPIENT shall obtain a performance bond for any equipment items over $250,000 or any vehicle, aircraft or watercraft financed with Grant Funds. 3.8 Contractor Requirements. (a) SUBRECIPIENT shall ensure and independently verify that any contractor or other entity receiving Grant Funds from SUBRECIPIENT is not debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs, under Executive Orders 12549 and 12689, as implemented at 2 CFR Part 3000. SUBRECIPIENT shall obtain documentation of eligibility before disbursing Grant Funds to any contractor or other entity. SUBRECIPIENT shall maintain documentary proof of this verification in its files. SUBRECIPIENT shall establish procedures for the effective use of the "Excluded Parties List System," to assure that it does not provide Grant Funds to excluded parties. SUBRECIPIENT shall also establish procedures to provide for effective use and/or dissemination of the list to assure that its contractors, at any tier do not make awards in violation of the non -procurement debarment and suspension common rule. (b) SUBRECIPIENT shall ensure that any contractor or other entity receiving Grant Funds from SUBRECIPIENT complies with the requirements of 44 CFR Part 18, New Restrictions on Lobbying; and (c) SUBRECIPIENT shall ensure that any contractor or other entity receiving Grant Funds from SUBRECIPIENT complies with the requirements of 2 CFR Part 3001, Requirements for Drug -Free Workplace (Financial Assistance). 3.9 MonitorinE Grant Performance. (a) City and the UASI Management Team are both authorized to perform periodic monitoring reviews of SUBRECIPIENT's performance under this Agreement, to ensure that the Grant FY 16 UASI — SUBRECIPIENT Pa 6 s ' November 1, 2016 54 of 521 Plan goals, objectives, performance requirements, timelines, milestone completion, budgets and other criteria are being met. Programmatic monitoring may include the Regional Federal Preparedness Coordinators, or other federal or state personnel, when appropriate. Monitoring may involve a combination of desk -based reviews and on -site monitoring visits, inspection of records, and verifications of grant activities. These reviews will involve a review and analysis of the financial, programmatic, performance and administrative issues relative to each program and will identify areas where technical assistance and other support may be needed. The reviews may include, but are not limited to: 1. Evaluating eligibility of expenditures; 2. Comparing actual grant activities to those approved by the Approval Authority and specified in the Grant Plan; 3. Ensuring that any advances have been deposited in an interest bearing account and disbursed in accordance with applicable guidelines; and 4. Confirming compliance with: Grant Assurances; information provided on performance reports and payment requests; and needs and threat assessments and strategies. (b) SUBRECIPIENT is responsible for monitoring and auditing the grant activities of any contractor or other entity receiving Grant Funds through or from SUBRECIPIENT. This requirement includes but is not limited to mandatory on -site verification visits. (e) If after any monitoring review, the DHS or Cal OES makes findings that require a Corrective Action Plan by SUBRECIPIENT, the City shall place a hold on all Reimbursement Requests from SUBRECIPIENT until the findings are resolved. 3.10 Disbursement Procedures. San Diego shall disburse Grant Funds to SUBRECIPIENT as follows: (a) SUBRECIPIENT shall submit to the UASI Management Team, in the manner specified for notices pursuant to Article 4, a document ("Reimbursement Request") substantially in the form attached as Appendix C, attached hereto and incorporated by reference as though fully set forth herein. The UASI Management Team shall serve as the primary contact for SUBRECIPIENT regarding any Reimbursement Request. (b) The UASI Management Team will review all Reimbursement Requests for compliance with this Agreement and all applicable guidelines and requirements. The UASI Management Team will return to SUBRECIPIENT any Reimbursement Request that is submitted and not approved by the UASI Management Team, with a brief statement of the reason for the rejection of the Reimbursement Request. (d) If a rejection relates only to a portion of the expenditures itemized in any Reimbursement Request, City shall have no obligation to disburse any Grant Funds for any other expenditures itemized in such Reimbursement Request unless and until SUBRECIPIENT submits a Reimbursement Request that is in all respects acceptable to the UASI Management Team. (e) If SUBRECIPIENT is not in compliance with any provision of this Agreement, City may withhold disbursement of Grant Funds until SUBRECIPIENT has taken corrective action and currently complies with all terms and conditions of the Agreement. 3.11 Disallowance. SUBRECIPIENT agrees that if it claims or receives reimbursement from City for an expenditure that is later disallowed by the State of California or the federal government, SUBRECIPIENT shall promptly refund the disallowed amount to City upon City's written request. At its option, City may offset all or any portion of the disallowed amount against any other payment due to FY 16 UASI — SUBRECIPIENT November I, 2016 SUBRECIPIENT hereunder or under any other Agreement with SUBRECIPIENT. Any such offset with respect to a portion of the disallowed amount shall not release SUBRECIPIENT from SUBRECIPIENT's obligation hereunder to refund the remainder of the disallowed amount. 3.12 Sustainability. Grant Funded programs that contain continuing personnel and operating expenses, over and above planning and implementation costs, must be sustained once the Grant Funding ends. If Equipment is purchased with grant funds the equipment must be sustained through the useful life of equipment. By executing this Agreement, SUBRECIPIENT acknowledges its responsibility and agrees to sustain continuing programs beyond the Grant Funding period. SUBRECIPIENT acknowledges and agrees that this sustainability requirement is a material term of the Agreement. 3.13 EHP Requirements. (a) Grant Funded projects must comply with the federal Environmental and Historic Preservation ("EHP") program. SUBRECIPIENT shall not initiate any project with the potential to impact environmental or historic properties or resources until Cal OES and FEMA have completed EHP reviews and approved the project. Examples of projects that may impact EHP resources include: communications towers, physical security enhancements, new construction, and modifications to buildings, structures and objects that are 50 years old or greater. SUBRECIPIENT shall notify the UASI Management Team of any project that may require an EHP review. SUBRECIPIENT agrees to provide detailed project information to FEMA, Cal OES and/or the UASI Management Team, to cooperate fully in the review, and to prepare any documents requested for the review. SUBRECIPIENT shall comply with all conditions placed on the project as the result of the EHP review, and implement any treatment or mitigation measures deemed necessary to address potential adverse impacts. With prior approval of the UASI Management Team, SUBRECIPIENT may use Grant Funds toward the costs of preparing documents and/or implementing treatment or mitigation measures. Any change to the approved project scope of work will require re-evaluation for compliance with EHP requirements. If ground disturbing activities occur during project implementation, SUBRECIPIENT shall notify the UASI Management Team and ensure monitoring of ground disturbance. If any potential archeological resources are discovered, SUBRECIPIENT shall immediately cease construction in that area and notify the UASI Management Team, which will notify the appropriate State Historic Preservation Office. If SUBRECIPIENT is using Grant Funds for a communication tower project, SUBRECIPIENT shall complete its Federal Communication Commission ("FCC") EHP process before preparing its Cal OES/FEMA EHP materials, and shall include the FCC EHP materials in the Cal OES/FEMA submission. (b) Any construction or other project that SUBRECIPIENT initiates without the necessary EHP review and approval will not be eligible for reimbursement. Failure of SUBRECIPIENT to meet federal, State, and local EHP requirements, obtain applicable permits, or comply with any conditions that may be placed on the project as the result of FEMA's and/or Cal OES's EHP review will result in the denial of Reimbursement Requests. 3.14 National Energy Conservation Policy and Energy Policy Acts. SUBRECIPIENT shall comply with the following requirements: (a) Grant Funds may not be used in contravention of the Federal buildings performance and reporting requirements of Executive Order 13123, part 3 of Title V of the National Energy Conservation Policy Act (42 USC §8251 et seq.), or Subtitle A of Title I of the Energy Policy Act of 2005; and (b) Grant Funds may not be used in contravention of Section 303 of the Energy Policy Act of 1992 (42 USC §13212). FY 16 UASI— SUBRECIPIENT November 1, 2016 3.15 Rovalty-Free License. SUBRECIPIENT understands and agrees that FEMA reserves a royalty - free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and authorize others to use, for federal government purposes: (a) the copyright in any work developed using Grant Funds; and (b) any rights of copyright that SUBRECIPIENT purchases or acquires using Grant Funds. SUBRECIPIENT shall consult with the UASI Management Team and FEMA regarding the allocation of any patent rights that arise from, or are purchased with, Grant Funds. 3.16 Publication Statements. SUBRECIPIENT shall ensure that all publications created or developed under this Agreement prominently contain the following statement: "This document was prepared under a grant from the Federal Emergency Management Agencies Grant Programs Directorate (FEMA/GPD) within the US Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA/GPD or the US Department of Homeland Security." 3.17 Performance Period. SUBRECIPIENT shall ensure that hard copies of all reimbursement requests and supporting documentation will be submitted to the UASI Management Team postmarked no later than January 13, 2017. Extension requests may be granted based on extenuating circumstances beyond the control of the subrecipient and must be made via the Performance Period Extension Request Form (Appendix D). Requests must contain specific and compelling justifications as to why an extension is required and must be submitted 30 days prior to the current deadline. ARTICLE 4 REPORTING REQUIREMENTS; AUDITS 4.1 Regular Reports. SUBRECIPIENT shall provide, in a prompt and timely manner, financial, operational and other reports, as requested by the UASI Management Team, in form and substance satisfactory to the UASI Management Team. Such reports, including any copies, shall be submitted on recycled paper and printed on double -sided pages, to the maximum extent possible. 4.2 Notification of Defaults or Changes in Circumstances. SUBRECIPIENT shall notify the UASI Management Team and City immediately of (a) any Event of Default or event that, with the passage of time, would constitute an Event of Default; (b) any change of circumstances that would cause any of the representations or warranties contained in Article 5 to be false or misleading at any time during the term of this Agreement; and (c) any change of circumstances or events that would cause SUBRECIPIENT to be out of compliance with the Grant Assurances in Appendix B. 4.3 Books and Records. SUBRECIPIENT shall establish and maintain accurate files and records of all aspects of the Grant Plan and the matters funded in whole or in part with Grant Funds. Without limiting the scope of the foregoing, SUBRECIPIENT shall establish and maintain accurate financial books and accounting records relating to Authorized Expenditures and to Grant Funds received and expended under this Agreement, together with all invoices, documents, payrolls, time records and other data related to the matters covered by this Agreement, whether funded in whole or in part with Grant Funds. SUBRECIPIENT shall maintain all of the files, records, books, invoices, documents, payrolls and other data required to be maintained under this Section in a readily accessible location and condition for a period of not less than three (3) years after expiration of this Agreement or until any fmaI audit by Cal OES has been fully completed, whichever is later. 4.4 Inspection and Audit. SUBRECIPIENT shall make available to the UASI Management Team, and to UASI Management Team and City employees and authorized representatives, during regular business hours, all of the files, records, books, invoices, documents, payrolls and other data required to be established and maintained by SUBRECIPIENT under Section 4.3, and allow access and the right to examine those items. SUBRECIPIENT shall permit the UASI Management Team and City, and UASI FY 16 UASI— SUBRECIPIENT Page 9 of 19 November 1,2016 57 of 521 Management Team and City employees and authorized representatives, to inspect, audit, examine and make excerpts and transcripts from any of the foregoing. The rights of the UASI Management Team and City pursuant to this Section shall remain in effect so long as SUBRECIPIENT has the obligation to maintain such files, records, books, invoices, documents, payrolls and other data under this Article 4. The DHS, the Comptroller General of the United States or designee, and Cal OES shall have the same inspection and audit rights as the City and UASI Management Team. SUBRECIPIENT shall cooperate with any federal or state audit. 4.5 Audit Report. If the amount specified in Section 3.2 of this agreement is $750,000 or more, SUBRECIPIENT shall submit an organization -wide financial and compliance audit report. The audit must be performed in accordance with GAO's Government Auditing Standards, and 2 CFR Part 200 Subpart F - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. SUBRECIPIENT shall submit its audit report to the UASI Management Team no later than six months after the end of SUBRECIPIENT's fiscal year. ARTICLE 5 REPRESENTATIONS AND WARRANTIES SUBRECIPIENT represents and warrants each of the following as of the date of this Agreement and at all times throughout the term of this Agreement: 5.1 No Misstatements. No document furnished or to be furnished by SUBRECIPIENT to the UASI Management Team in connection with this Agreement, any Reimbursement Request or any other document relating to any of the foregoing, contains or will contain any untrue statement of material fact or omits or will omit a material fact necessary to make the statements contained therein not misleading, under the circumstances under which any such statement shall have been made. 5.2 Eligibility to Receive Federal Funds. By executing this Agreement, SUBRECIPIENT certifies that it is eligible to receive federal funds, and specifically certifies as follows: (a) SUBRECIPIENT is not suspended, debarred or otherwise excluded from participation in federal assistance programs, as required by Executive Order 12549 and 12689, "Debarment and Suspension" and implemented at 2 CFR Part 3000. (b) SUBRECIPIENT complies with 31 U.S.C. § 1352, Limitation on use of appropriated funds to influence federal contracting and financial transactions, as implemented at 44 CFR Part 18 and 6 CFR Part 9. (c) SUBRECIPIENT complies with the Drug -Free Workplace Act of 1988, as amended, 41 U.S.C. §701 et seq., as implemented in 2 CFR Part 3001, and will continue to provide a drug -free workplace as required under that Act and implementing regulations. (d) SUBRECIPIENT is not delinquent in the repayment of any federal debt. See OMB Circular A-129. SUBRECIPIENT acknowledges that these certifications of eligibility to receive federal funds are material terms of the Agreement. 5.3 NIMS Compliance. To be eligible to receive Grant Funds, SUBRECIPIENT must meet National Incident Management System ("NIMS") compliance requirements. By executing this Agreement, SUBRECIPIENT certifies that it is in full NIMS compliance. SUBRECIPIENT acknowledges that this certification is a material term of the Agreement. FY 16 UASI — SUBRECIPIENT Page 10 of 19 November 1, 2016 58 of 521 ARTICLE 6 INDEMNIFICATION AND GENERAL LIABILITY 6.1 Indemnification. SUBRECIPIENT shall indemnify, protect, defend and hold harmless each of the Indemnified Parties from and against any and all Losses arising from, in connection with or caused by SUBRECIPIENT's performance of this Agreement, including, but not limited to, the following: (a) a material breach of this Agreement by SUBRECIPIENT; (b) a material breach of any representation or warranty of SUBRECIPIENT contained in this Agreement; (c) any personal injury or death caused, directly or indirectly, by any act or omission of SUBRECIPIENT or its employees or agents; (d) any loss of or damage to property caused, directly or indirectly, by any act or omission of SUBRECIPIENT or its employees or agents; (e) the use, misuse or failure of any equipment or facility used by SUBRECIPIENT, or by any of its employees or agents, regardless of whether such equipment or facility is furnished, rented or loaned to SUBRECIPIENT by an Indemnified Party; (f) any tax, fee, assessment or other charge for which SUBRECIPIENT is responsible under Section 10.4; or (g) any infringement of patent rights, copyright, trade secret or any other proprietary right or trademark of any person or entity in consequence of the use by any Indemnified Party of any goods or services furnished by SUBRECIPIENT or its employees or agents to such Indemnified Party in connection with this Agreement. The foregoing indemnity shall include, without limitation, reasonable fees of attorneys, consultants and experts and related costs and San Diego's costs of investigating any claims against San Diego. 6.2 Duty to Defend; Notice of Loss. SUBRECIPIENT acknowledges and agrees that its obligation to defend the Indemnified Parties under Section 6.1: (a) is an immediate obligation, independent of its other obligations hereunder; (b) applies to any Loss which actually or potentially falls within the scope of Section 6.1, regardless of whether the allegations asserted in connection with such Loss are or may be groundless, false or fraudulent; and (c) arises at the time the Loss is tendered to SUBRECIPIENT by the Indemnified Party and continues at all times thereafter. The Indemnified Party shall give SUBRECIPIENT prompt notice of any Loss under Section 6.1 and SUBRECIPIENT shall have the right to defend, settle and compromise any such Loss; provided, however, that the Indemnified Party shall have the right to retain its own counsel at the expense of SUBRECIPIENT if representation of such Indemnified Party by the counsel retained by SUBRECIPIENT would be inappropriate due to conflicts of interest between such Indemnified Party and SUBRECIPIENT. An Indemnified Party's failure to notify SUBRECIPIENT promptly of any Loss shall not relieve SUBRECIPIENT of any liability to such Indemnified Party pursuant to Section 6.1, unless such failure materially impairs SUBRECIPIENT's ability to defend such Loss. SUBRECIPIENT shall seek the Indemnified Party's prior written consent to settle or compromise any Loss if SUBRECIPIENT contends that such Indemnified Party shares in liability with respect thereto. 6.3 Incidental and Consequential Damages. Losses covered under this Article 6 shall include any and all incidental and consequential damages resulting in whole or in part from SUBRECIPIENT's acts or omissions. Nothing in this Agreement shall constitute a waiver or limitation of any rights that any Indemnified Party may have under applicable law with respect to such damages. 6.4 LIMITATION ON LIABILITY OF SAN DIEGO. CITY'S OBLIGATIONS UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF GRANT FUNDS ACTUALLY DISBURSED HEREUNDER. NOTWITHSTANDING ANY OTHER PROVISION CONTAINED IN THIS AGREEMENT OR ANY OTHER DOCUMENT OR COMMUNICATION RELATING TO THIS AGREEMENT, IN NO EVENT SHALL CITY BE LIABLE, REGARDLESS OF WHETHER ANY CLAIM IS BASED ON CONTRACT OR TORT, FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE GRANT FUNDS, THE GRANT PLAN OR ANY ACTIVITIES PERFORMED IN CONNECTION WITH THIS AGREEMENT. FY 16 UASI — SUBRECIPIENT Page l l of 19 November I, 2016 59 of 521 ARTICLE 7 EVENTS OF DEFAULT AND REMEDIES; TERMINATION FOR CONVENIENCE 7.1 Events of Default. The occurrence of any one or more of the following events shall constitute an "Event of Default" under this Agreement: (a) False Statement. Any statement, representation, certification or warranty contained in this Agreement, in any Reimbursement Request, or in any other document submitted to the UASI Management Team or to City under this Agreement is found by the UASI Management Team or by City to be false or misleading. (b) Failure to Perform Other Covenants. SUBRECIPIENT fails to perform or breaches any provision or covenant of this Agreement to be performed or observed by SUBRECIPIENT as and when performance or observance is due and such failure or breach continues for a period of ten (10) days after the date on which such performance or observance is due. (c) Failure to Comply with Applicable Laws. SUBRECIPIENT fails to perform or breaches any of the terms or provisions of Article 12. (d) Voluntary Insolvency. SUBRECIPIENT(i) is generally not paying its debts as they become due, (ii) files, or consents by answer or otherwise to the filing against it of, a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors' relief law of any jurisdiction, (iii) makes an assignment for the benefit of its creditors, (iv) consents to the appointment of a custodian, receiver, trustee or other officer with similar powers of SUBRECIPIENT or of any substantial part of SUBRECIPIENT's property or (v) takes action for the purpose of any of the foregoing. (e) Involuntary Insolvency. Without consent by SUBRECIPIENT, a court or government authority enters an order, and such order is not vacated within ten (10) days, (i) appointing a custodian, receiver, trustee or other officer with similar powers with respect to SUBRECIPIENT or with respect to any substantial part of SUBRECIPIENT's property, (ii) constituting an order for relief or approving a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors' relief law of any jurisdiction or (iii) ordering the dissolution, winding -up or liquidation of SUBRECIPIENT. 7.2 Remedies upon Event of Default. Upon and during the continuance of an Event of Default, City may do any of the following, individually or in combination with any other remedy: (a) Termination. City may terminate this Agreement by giving a written termination notice to SUBRECIPIENT and, on the date specified in such notice, this Agreement shall terminate and all rights of SUBRECIPIENT hereunder shall be extinguished. In the event of such termination, City will pay SUBRECIPIENT for Authorized Expenditures in any Reimbursement Request that was submitted and approved by the UASI Management Team and by City prior to the date of termination specified in such notice. (b) Withholding of Grant Funds. City may withhold all or any portion of Grant Funds not yet disbursed hereunder, regardless of whether SUBRECIPIENT has previously submitted a Reimbursement Request or whether the UASI Management Team and/or City has approved the disbursement of the Grant Funds requested in any Reimbursement Request. Any Grant Funds withheld pursuant to this Section and subsequently disbursed to SUBRECIPIENT after cure of applicable Events of Default shall be disbursed without interest. FY 16 UASI — SUBRECIPIENT Page 12 of 19 60 of 521 November 1, 2016 (c) Return of Grant Funds. City may demand the immediate return of any previously disbursed Grant Funds that have been claimed or expended by SUBRECIPIENT in breach of the terms of this Agreement, together with interest thereon from the date of disbursement at the maximum rate permitted under applicable law. 7.3 Termination for Convenience. (a) City shall have the option, in its sole discretion, to terminate this Agreement, at any time during the term hereof, for convenience and without cause. City shall exercise this option by giving SUBRECIPIENT written notice of termination. The notice shall specify the date on which termination shall become effective. (b) Upon receipt of the notice, SUBRECIPIENT shall commence and perform, with diligence, all actions necessary on the part of SUBRECIPIENT to effect the termination of this Agreement on the date specified by City and to minimize the liability of SUBRECIPIENT and City to third parties as a result of termination. All such actions shall be subject to the prior approval of the UASI Management Team. (c) Within 30 days after the specified termination date, SUBRECIPIENT shall submit to the UASI Management Team an invoice for all Authorized Expenses incurred through the termination date. For Authorized Expenses incurred after receipt of the notice of termination, City will only reimburse SUBRECIPIENT if the Authorized Expenses received prior approval from the UASI Management Team as specified in subparagraph (b). (d) In no event shall City be liable for costs incurred by SUBRECIPIENT or any of its contractors after the termination date specified by City. (e) City's payment obligation under this Section shall survive termination of this Agreement. 7.4 Remedies Nonexclusive. Each of the remedies provided for in this Agreement may be exercised individually or in combination with any other remedy available hereunder or under applicable laws, rules and regulations. The remedies contained herein are in addition to all other remedies available to City at law or in equity by statute or otherwise and the exercise of any such remedy shall not preclude or in any way be deemed to waive any other remedy. ARTICLE 8 ASSIGNMENTS 8.1 No Assignment by SUBRECIPIENT. SUBRECIPIENT shall not, either directly or indirectly, assign, transfer, hypothecate, subcontract or delegate all or any portion of this Agreement or any rights, duties or obligations of SUBRECIPIENT hereunder without the prior written consent of the UASI Management Team. This Agreement shall not, nor shall any interest herein, be assignable as to the interest of SUBRECIPIENT involuntarily or by operation of law without the prior written consent of City. A change of ownership or control of SUBRECIPIENT or a sale or transfer of substantially all of the assets of SUBRECIPIENT shall be deemed an assignment for purposes of this Agreement. 8.2 Agreement Made in Violation of this Article. Any agreement made in violation of Section 8.1 shall confer no rights on any person or entity and shall automatically be null and void. FY 16 UASI — SUBRECIPIENT November 1, 2016 8.3 SUBRECIPIENT Retains Responsibility. SUBRECIPIENT shall in all events remain liable for the performance by any contractor, or assignee of all of the covenants, terms and conditions in this Agreement. ARTICLE 9 NOTICES AND OTHER COMMUNICATIONS 9.1 Requirements. Unless otherwise specifically provided herein, all notices, consents, directions, approvals, instructions, requests and other communications hereunder shall be in writing, shall be addressed to the person and address set forth below and shall be (a) deposited in the U.S. mail, first class, certified with return receipt requested and with appropriate postage, (b) hand delivered or (c) sent via facsimile (if a facsimile number is provided below): If to City of San Diego Office of Homeland Security UASI Management Team: San Diego Office of Homeland Security 1010 Second Ave, Suite 1500 San Diego, CA 92101 Attn: Katherine Jackson, Program Manager Facsimile No.: (619) 533-6786 If to SUBRECIPIENT: City of National City 343 E. 16th Street National City, CA 91950 Attn: Walter Amedee Facsimile No.: (619)336-4328 9.2 Effective Date. All communications sent in accordance with Section 9.1 shall become effective on the date of receipt. Such date of receipt shall be determined by: (a) if mailed, the return receipt, completed by the U.S. postal service; (b) if sent via hand delivery, a receipt executed by a duly authorized agent of the party to whom the notice was sent; or (c) if sent via facsimile, the date of telephonic confirmation of receipt by a duly authorized agent of the party to whom the notice was sent or, if such confirmation is not reasonably practicable, the date indicated in the facsimile machine transmission report of the party giving such notice. 9.3 Change of Address. From time to time any party hereto may designate a new address or recipient for notice for purposes of this Article 9 by written notice to the other party and the UASI Management Team. ARTICLE 10 MISCELLANEOUS 10.1 No Waiver. No waiver by San Diego of any default or breach of this Agreement shall be implied from any failure by the UASI Management Team or San Diego to take action on account of such default if such default persists or is repeated. No express waiver by San Diego shall affect any default other than the default specified in the waiver and shall be operative only for the time and to the extent therein stated. Waivers by San Diego of any covenant, term or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term or condition. The consent or approval by the FY 16 UASI — SUBRECIPIENT Page 14 of 19 62 of 521 November 1, 2016 UASI Management Team of any action requiring further consent or approval shall not be deemed to waive or render unnecessary the consent or approval to or of any subsequent similar act. 10.2 Modification. This Agreement may not be modified, nor may compliance with any of its terms be waived, except by written instrument executed and approved in the same manner as this Agreement; provided, however, that the General Manager or designee may establish alternate procedures for modification of the Grant Plan. 10.3' Governing Law; Venue. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California, without regard to its conflict of laws principles. Venue for all litigation relative to the formation, interpretation and performance of this Agreement shall be in San Diego. 10.4 SUBRECIPIENT to Pay All Taxes. SUBRECIPIENT shall pay to the appropriate governmental authority, as and when due, any and all taxes, fees, assessments or other governmental charges, including possessory interest taxes and California sales and use taxes, levied upon or in connection with this Agreement, the Grant Plan, the Grant Funds or any of the activities contemplated by this Agreement. 10.5 Headings. All article and section headings and captions contained in this Agreement are for reference only and shall not be considered in construing this Agreement. 10.6 Entire Agreement. This Agreement sets forth the entire Agreement between the parties, and supersedes all other oral or written provisions. The following Appendices are attached to and a part of this Agreement: • Appendix A, SUBRECIPIENT Award Letter • Appendix B, Grant Assurances • Appendix C, Form of Reimbursement Request • Appendix D, Performance Period Extension Request 10.7 Certified Resolution of Signatory Authority. Upon request of San Diego, SUBRECIPIENT shall deliver to San Diego a copy of the corporate resolution(s) authorizing the execution, delivery and performance of this Agreement, certified as true, accurate and complete by the appropriate authorized representative of SUBRECIPIENT. 10.8 Severability. Should the application of any provision of this Agreement to any particular facts or circumstances be found by a court of competent jurisdiction to be invalid or unenforceable, then (a) the validity of other provisions of this Agreement shall not be affected or impaired thereby, and (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed without further action by the parties to the extent necessary to make such provision valid and enforceable. 10.9 Successors; No Third -Party Beneficiaries. Subject to the terms of Article 8, the terms of this Agreement shallbe binding upon, and inure to the benefit of, the parties hereto and their successors and assigns. Nothing in this Agreement, whether express or implied, shall be construed to give any person or entity (other than the parties hereto and their respective successors and assigns and, in the case of Article 6, the Indemnified Parties) any legal or equitable right, remedy or claim under or in respect of this Agreement or any covenants, conditions or provisions contained herein. FY 16 UASI — SUBRECIPIENT November 1, 2016 10.10 Survival of Terms. The obligations of SUBRECIPIENT and the terms of the following provisions of this Agreement shall survive and continue following expiration or termination of this Agreement: Sections 4.3 and 4.4, Article 6, this Article 10, and the Grant Assurances of Appendix B. 10.11 Further Assurances. From and after the date of this Agreement, SUBRECIPIENT agrees to do such things, perform such acts, and make, execute, acknowledge and deliver such documents as may be reasonably necessary or proper and usual to complete the transactions contemplated by this Agreement and to carry out the purpose of this Agreement in accordance with this Agreement. 10.12 Disclosure of Subawards and Executive Compensation. Pursuant to the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282) as amended by Section 6202(a) of the Government Funding Transparency Act of 2008 (P.L. 110-252), full disclosure to the public of entities or organizations receiving federal funds is now required. As defined by the Office of Management and Budget (OMB), all new Federal awards of $25,000 or more as of October 1, 2010, are subject to FFATA reporting requirements. The Transparency Act definition of "Federal awards" includes not only prime awards for grantees, cooperators, and contractors, but also awards to sub -recipients. If applicable, SUBRECIPIENT must provide the following information on SUBRECIPIENT letterhead within 30 days of receipt of this Agreement. 1. The Total compensation and names of the top five executives if a) 80% or more of annual gross revenues are from Federal awards (contracts, sub -contracts and Federal financial assistance), and $25,000,000 or more in annual gross revenues from Federal awards; and, b) Compensation information is not already available through reporting to the Securities and Exchange Commission. 10.13 Cooperation with UASI Programs and Activities. (a) Subject to reasonable terms and conditions, SUBRECIPIENT agrees to participate in UASI-sponsored exercises, and to make available equipment acquired with Grant Funds for use as part of such exercises. (b) To the extent permitted by law, SUBRECIPIENT agrees to share with the Approval Authority informational work products (such as plans, reports, data, etc.) created or acquired using Grant Funds. ARTICLE 11 INSURANCE 11.1 Types and Amounts of Coverage. Without limiting SUBRECIPIENT's liability pursuant to Article 6 of this Agreement, SUBRECIPIENT shall maintain in force, during the full term of the Agreement, insurance in the following amounts and coverages: (a) Workers' Compensation, in statutory amounts, with Employers' Liability Limits not Iess than $1,000,000 each accident, injury, or illness; and FY 16 UASI— SUBRECIPIENT November 1, 2016 (b) Commercial General Liability Insurance with limits not less than $1,000,000 each occurrence Combined Single Limit for Bodily Injury and Property Damage, including Contractual Liability, Personal Injury, Products and Completed Operations; and (c) Commercial Automobile Liability Insurance with limits not less than $1,000,000 each occurrence Combined Single Limit for Bodily Injury and Property Damage, including Owned, Non - Owned and Hired auto coverage, as applicable. 11.2 Additional Requirements for General and Automobile Coverage. Commercial General Liability and Commercial Automobile Liability Insurance policies must be endorsed to provide: (a) Name as Additional Insured the City and County of San Diego, its Officers, Agents, and Employees. (b) That such policies are primary insurance to any other insurance available to the Additional Insureds, with respect to any claims arising out of this Agreement, and that insurance applies separately to each insured against whom claim is made or suit is brought. 11.3 Additional Requirements Regarding Workers' Compensation. Regarding Workers' Compensation, SUBRECIPIENT hereby agrees to waive subrogation which any insurer of SUBRECIPIENT may acquire from SUBRECIPIENT by virtue of the payment of any loss. SUBRECIPIENT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation.- The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the SUBRECIPIENT, its employees, agents and subcontractors. 11.4 Additional Requirements for All Policies. All policies shall provide thirty days' advance written notice to the City of reduction or nonrenewal of coverages or cancellation of coverages for any reason. Notices shall be sent to the City address in Article 9, Notices and Other Communications. 11.5 Required Post -Expiration Coverage. Should any of the required insurance be provided under a claims -made form, SUBRECIPIENT shall maintain such coverage continuously throughout the term of this Agreement and, without lapse, for a period of three years beyond the expiration of this Agreement, to the effect that, should occurrences during the Agreement term give rise to claims made after expiration of the Agreement, such claims shall be covered by such claims -made policies. 11.6 General Annual Aggregate Limit/Inclusion of Claims Investigation or Legal Defense Costs. Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defense costs be included in such general annual aggregate limit, such general annual aggregate limit shall be double the occurrence or claims limits specified above. 11.7 Lapse in Insurance. Should any required insurance lapse during the term of this Agreement, requests for reimbursement originating after such lapse may not be processed, in the City's sole discretion, until the City receives satisfactory evidence of reinstated coverage as required by this Agreement, effective as of the lapse date. If insurance is not reinstated, the City may, at its sole option, terminate this Agreement effective on the date of such lapse of insurance. 11.8 Evidence of Insurance. Before commencing any operations or expending any Grant Funds under this Agreement, SUBRECIPIENT shall furnish to City certificates of insurance and additional insured policy endorsements with insurers with ratings comparable to A-, VIII or higher, that are authorized to do business in the State of California, and that are satisfactory to City, in form evidencing all coverages set forth above. Failure to maintain insurance shall constitute a material breach of this Agreement. FY 16 UASI - SUBRECIPIENT November 1, 2016 11.9 Effect of Approval. Approval of the insurance by City shall not relieve or decrease the liability of SUBRECIPIENT hereunder. 11.10 Insurance for Subcontractors and Evidence of this Insurance. If a subcontractor will be used to complete any portion of this Agreement, SUBRECIPIENT shall ensure that the subcontractor shall provide all necessary insurance and shall name the City and County of San Diego, its officers, agents and employees and the SUBRECIPIENT as additional insureds. 11.11 Authority to Self -Insure. Nothing in this Agreement shall preclude SUBRECIPIENT from self - insuring all or part of the insurance requirement in this Article. However, SUBRECIPIENT shall provide proof of self-insurance, in a form acceptable to San Diego, in the amounts of each line of self-insurance. ARTICLE 12 COMPLIANCE 12.1 Nondiscrimination. In the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against any employee, San Diego employee working with SUBRECIPIENT, applicant for employment with SUBRECIPIENT, or against any person seeking accommodations, advantages, facilities, privileges, services, or membership in all business, social, or other establishments or organizations, on the basis of the fact or perception of a person's race, color, creed, religion, national origin, ancestry, age, height, weight, sex, sexual orientation, gender identity, domestic partner status, marital status, disability or Acquired Immune Deficiency Syndrome or HIV status (AIDS/HIV status), or association with members of such protected classes, or in retaliation for opposition to discrimination against such classes. 12.2 Conflict of Interest. Through its execution of this Agreement, SUBRECIPIENT acknowledges that it is familiar with the provisions of Section 87100 et seq. and Section 1090 et seq. of the Government Code of the State of California, and certifies that it does not know of any facts which constitutes a violation of said provisions and agrees that it will immediately notify City if it becomes aware of any such fact during the term of this Agreement. SUBRECIPIENT agrees that it will promptly notify City in writing of all violations of State or Federal criminal law involving fraud, bribery, or gratuities affecting or involving the use of Grant Funds. 12.3 Compliance with ADA. SUBRECIPIENT acknowledges that, pursuant to the ADA, programs, services and other activities provided by a public entity to the public, whether directly or through a grantee or contractor, must be accessible to the disabled public. SUBRECIPIENT shall not discriminate against any person protected under the ADA in connection with all or any portion of the Grant Plan and shall comply at all times with the provisions of the ADA. FY 16 UASI — SUBRECIPIENT n., .... 1 0 ..4' 11) 66 of 521 IN November 1, 2016 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date first specified herein. CITY OF SAN DIEGO: SUBRECIPIENT: By: By: KATHERINE JACKSON PROGRAM MANAGER OFFICE OF HOMELAND SECURITY Approved as to Form: Jan I. Goldsmith City Attorney By: Deputy City Attorney RON MORRISON MAYOR Federal Tax ID #: 95-600074 9 Approved as to Form: George H. Eiser, III Interim City Attorney By: FY 16 UASI - SUBRECIPIENT Page 19 of 19 November 1,2016 67 of 521 Appendix A — SUBRECIPIENT Award Letter The City of SANDEGO Office of Homeland Security Decernber 2, 2016 Ron Morrison Mayor City of National City 1243 National City Blvd National City, CA 91950 SUBJECT: NOTIFICATION OF SUBRECIPIENT AWARD APPROVAL - UPDATED FY 2016 Homeland Security Grant Program Grant# 2016-00102 Cal OES ID# 073-66000 Sub -recipient Performance Period: September 1, 2016, to Deeember 31, 2018 Sub -recipient: The San Diego Office of Homeland Security (SD OHS) has approved your FY16 Urban Area Security Initiative (UASI) award.. This version supersedes all previous versions. Activities: All Projects Project A - Risk Management and Planning Project 13 - Info Analysis & Infrastructure Protection Project C - CBRNE Project D - Interoperable Communications Project E - Medical and Public Health Project F - Community Prep and Mass Care Project G - Training Participation Project G - Training Conduct Amount $219,010 $10,000 $200,000 $9,010 Completion Date December 31, 2017 December 31, 2017 December 31, 2017 December 31, 2018 December 31, 2017 December 31, 2017 December 31, 2017 December 31, 2017 Once your completed MOU and Grant Assurances are signed and received in our office, you may request reimbursement of eligible grant expenditures. During the application process, the Regional Technology Partnership (RTP) vetted and the Urban Area Working Group (UAWG) approved your project(s), Throughout the grant cycle, SD OHS will use performance milestones set in the HSGP application as indicators of performance and this information may be used in assessing future competitive grant applications, All activities funded with this award must be completed within the sub -recipient performance period. You are required to comply with all applicable federal, state, and local environmental and historic preservation (EHP) requirements. Additionally, Aviation/Watercraft requests, projects requiring EHP review, controlled equipment, and sole source procurement requests require additional approvals from FY 16 UASI - SUBRECIPIENT 1010 Second Avenue, Suite 1500, MS 615H San Diego, CA ZIP 92101 A-1 68 of 521 November 1, 2016 T (619) 533-6760 F (619) 533-6786 sandiego.gov Appendix A — SUBRECIPIENT Award Letter City of National City December 2, 2016 Page 2 California Governor's Office of Emergency Services (CaI OES). Sub -recipients must obtain written approval for these activities prior to incurring any costs, in order to be reimbursed for any related costs under this grant. Sub -recipients are also required to obtain a performance bond prior to the purchase of any equipment item over $250,000, including any aviation or watercraft financed with homeland security dollars. Performance bonds must be submitted to your UASI Program Representative no later than the time of reimbursement. Following acceptance of this award, you must sign and return the SD OHS Memorandum of Understanding (MOU) as well as the Cal OES grant assurances. Your agency must coordinate with SD OHS to prepare and submit quarterly projections via email so that SD OHS can comply with the semi-annual BSIR reporting for the duration of the grant period or until you complete all activities and the grant is formally closed. You must also submit a copy of the Cal OES performance reports to your UASI Program Representative monthly or as directed. Failure to submit required reports could result in grant reduction, suspension, or termination. This grant is subject to all provisions of 2 CFR Part 200. Any funds received in excess of current needs, approved amounts, or those found owed as a result of a final review or audit, must be refunded to SD OHS within 30 days upon receipt of an invoice from SD OHS. Your dated signature is required on this letter. Please sign and return the original to your UASI Program Representative at 1010 2" Ave Ste. 1500, San Diego, CA 92101 within 20 days of receipt and keep a copy for your files. For further assistance, please feel free to contact your SD OHS UASI Program Representative at (619) 533-6760. Sin erely, Kathe Jackson Program Manager City of San Diego Office of Homeland Security .i / SIo' on Morrison Date Mayor, City of National City FY 16 UASI - SUBRECIPIENT A-2 November 1, 2016 69 of 521 Appendix B— Grant Assurances Name of Jurisdiction: City of Nat i nna 1 r i ty Name of Authorized Agent: Ron Morri son Address: 1 243 National Ci ty BL City: National City State: California Zip Code: 91950 Telephone Number: (61 9) 136-4996 Fax Number: (61 9) 336-4328 E-Mail Address: wamedee nationalcityca_gov As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management and completion of the project described in this application, within prescribed timelines. I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the: (a) Applicable Federal Regulations (see below); (b) Federal Program Notice of Funding Opportunity (NOFO); (c) California Supplement to the NOFO; and (d) Federal and State Grant Program Guidelines. Federal Regulations Government cost principles, uniform administrative requirements and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (CFR) and updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/. Significant state and federal grant award requirements (some of which appear in the documents listed above) are set forth below. The Applicant hereby agrees to comply with the following: 1. Proof of Authority The Applicant will obtain written authorization from the city council, governing board or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree: (a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required. (b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board or authorized body. FY 16 UASI - SUBRECIPIENT B-1 November 1, 2016 Initials: 70 of 521 (c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board or authorized body. (d) The official executing this agreement is, in fact, authorized to do so. This Proof of Authority must be maintained on file and readily available upon request. 2. Period of Performance The Applicant will initiate work after approval of the award and complete all work within the period of performance specified in the grant. 3. Lobbying and Political Activities As required by Section 1352, Title 31 of the U.S. Code (U.S.C.), for persons entering into a contract, grant, loan or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that: (a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and §§7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor's Office of Emergency Services (Cal OES) or the federal awarding agency. FY 16 UASI — SUBRECIPIENT B-2 November 1, 2016 Initials: 71 of 521 4. Debarment and Suspension As required by Executive Orders 12549 and 12689, and 2 CFR §200.212 and codified in 2 CFR Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default. Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 5. Non -Discrimination and Equal Employment Opportunity The Applicant will comply with all federal statutes relating to non-discrimination. These include, but are not limited to, the following: (a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. §2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services; (b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity; (c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;(42 U.S.C. §§ 12101-12213.); FY 16 UASI — SUBRECIPIENT B-3 November 1, 2016 Initials: 72 of 521 (e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (f) Public Health Service Act of 1912 (42 U.S.C. §§ 290), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing; (h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin; (i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors; (j) California Public Contract Code §10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages; (k) Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and (I) The requirements of any other nondiscrimination statute(s) which may apply to the application. In addition to the items listed in (a) through (n), the Applicant will comply with California's Fair Employment and Housing Act (FEHA). FEHA prohibits harassment and discrimination in employment because of ancestry, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth, or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave (California Government Code §§ 12940, 12945, 12945.2), military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions. 6. Drug -Free Workplace As required by the Drug -Free Workplace Act of 1988 (41 U.S.C. §701 et seq.), the Applicant certifies that it will maintain a drug -free workplace and a drug -free awareness program as outlined in the Act. FY 16 UASI — SUBRECIPIENT B-4 Novernber 1, 2016 Initials: 73 of 521 7. Environmental Standards The Applicant will comply with state and federal environmental standards, which may be prescribed pursuant to the following, as applicable: (a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000-21177), to include coordination with the city or county planning agency; (b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000-15387); (c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources; (e) Institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order 12898 on the Environmental Justice Act, and Executive Order 11514 on Environmental Quality; (f) Notification of Environmental Protection Agency (EPA) violating facilities pursuant to Executive Order 11738; (g) Protection of wetlands pursuant to Executive Order 11990; (h) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988; (i) Assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §1451 et seq.); (j) Conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §7401 et seq.); (k) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order Executive Order 11990 which requires preservation of wetlands; (I) The Safe Drinking Water Act of 1974, (P.L. 93-523); (m)The Endangered Species Act of 1973, (P.L. 93-205); (n) Wild and Scenic Rivers Act of 1968 (16 U.S.C. §1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to § 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution. FY 16 UASI - SUBRECIPIENT B-5 November 1, 2016 Initials: 74 of 521 8. Audits For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements. 9. Access to Records In accordance with 2 CFR §200.336, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision. 10. Conflict of Interest The Applicant will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 11. Financial Management False Claims for Payment The Applicant will comply with 31 U.S.0 §3729 which sets forth that no subgrantee, recipient or subrecipient shall submit a false claim for payment, reimbursement or advance. 12. Reporting - Accountability The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), specifically (a) the reporting of subawards obligating $25,000 or more in federal funds and (b) executive compensation data for first -tier subawards. This includes the provisions of FFATA, which includes requirements for executive compensation, and also requirements implementing the Act for the non-federal entity at 2 CFR part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration and 2 CFR part 170 Reporting Subaward and Executive Compensation Information. 13. Whistleblower Protections The Applicant also must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310. 14. Human Trafficking The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from: (1) engaging in trafficking in persons during the period of time that the award is in effect: (2) procuring a commercial sex act during the period of time that the award FY 16 UAS! — SUBRECIPIENT B-6 November 1, 2016 Initials: 75 of 521 is in effect: or (3) using forced labor in the performance of the award or subawards under the award. 15. Labor Standards The Applicant will comply with the following federal labor standards: (a) Comply with the provisions of the Davis -Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally -assisted construction contracts or subcontracts. (b) Comply with the Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations. 16. Worker's Compensation The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job before commencing performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq. 17. Property -Related If applicable to the type of project funded by this federal award, the Applicant will: (a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchase. (b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. (c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § 469a-1 et seq.). (d) Comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead -based paint in construction or rehabilitation of residence structures. FY 16 UASI — SUBRECIPIENT B-7 November 1, 2016 Initials: 76 of 521 18. Certifications Applicable Only to Federally -Funded Construction Projects For all construction projects, the Applicant will: (a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project. (b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications. (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State. 19. Use of Cellular Device While Driving is Prohibited Applicants are required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving a motor vehicle while using an electronic wireless communications device to write, send, or read a text -based communication. Drivers are also prohibited from the use of a wireless telephone without hands -free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services. 20. Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity's grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Rights Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process. HOMELAND SECURITY GRANT PROGRAM - PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS 21. Reporting Accusations and Findings of Discrimination If during the past three years the recipient has been accused of discrimination on any basis the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS financial assistance office and the DHS Office of Civil Rights and Civil Liberties (CRCL) by e-mail at crclahq.dhs.gov or by mail at U.S. Department of Homeland Security Office for Civil Rights and Civil Liberties Building 410, Mail Stop #0190 Washington, D.C. 20528. FY 16 UASI — SUBRECIPIENT B-8 November 1, 2016 Initials: 77 of 521 In the event any court or administrative agency makes a finding of discrimination against the recipient, or the recipient settles a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS Component financial assistance office and the CRCL office by e-mail or mail at the addresses listed above. The United States has the right to seek judicial enforcement of these obligations. 22. Acknowledgment of Federal Funding from DHS All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. 23. Activities Conducted Abroad All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. 24. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All recipients who collect PII are required to have a publically-available privacy policy that describes standards on the usage and maintenance of PII they collect. Award recipients may also find as a useful resource the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template respectively. 25. Copyright All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of Government sponsorship (including award number) to any work first produced under federal financial assistance awards. 26. Energy Policy and Conservation Act All recipients must comply with the requirements of 42 U.S.G. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. 27. Federal Debt Status All recipients are required to be non -delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129. 28. Fly America Act of 1974 All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property FY 16 UASI — SUBRECIPIENT B-9 November 1, 2016 Initials: 78 of 521 to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942 29. Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a. 30. Non -supplanting Requirements All Applicants who receive awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources. 32. Patents and Intellectual Property Rights Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14. 33. SAFECOM All Applicants who receive awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. 34. Terrorist Financing All Applicants must comply with Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of recipients to ensure compliance with the Order and laws. 35. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the Applicant's currently active grants, cooperative agreements, and procurement contracts from all federal assistance office exceeds $10,000,000 for any period of time during the period of performance of this federal award, the Applicant must comply with the requirements set forth in the government -wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the terms and conditions of your award. FY 16 UASI — SUBRECIPIENT B-10 November 1, 2016 Initials: 79 of 521 36. USA Patriot Act of 2001 All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c. IMPORTANT The purpose of the assurance is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc. The Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, etc. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds. All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the subrecipient may be ineligible for award of any future grants if the Cal OES determines that any of the following has occurred: (1) the recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above. All of the language contained within this document must be included in the award documents for all subawards at all tiers, including contracts under grants and cooperative agreements and subcontracts. All recipients are bound by the Department of Homeland Security Standard Terms and Conditions 2016, Version 6.0, hereby incorporated by reference, which can be found at: https://www.dhs.Qov/sites/default/files/publications/Fiscal%20Year%202016%20DHS%20Gener al%20Terms%20and%20Conditions.pdf The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the said Applicant. Applicant: City of National City Signature of Authorized Agent: Printed Name of Authorized Agent: Ron Morrison Title: Mayor Date: 2 / 7 / 2 01 7 FY 16 UASI — SUBRECIPIENT B-11 November 1, 2016 Initials: 80 of 521 Appendix C — Form of Reimbursement Request Cover Sheet (Invoice) Office of Homeland Security FY 16 Urban Area Security Initiative Grant Program Award # 2016-00102 Ca1EMA ID #073-66000 CFDA #97.067 Reimbursement Request (Invoice) # Mail Reimbursement Request to: DATE: City of San Diego AGENCY: Office of Homeland Security ATTN: Grants Management Section DUNS Number: 1010 Second Ave, Ste 1500 San Diego, CA 92101 Expenditure Period: Maximum Amount of Funds Specified in Subrecipent Award Letter: Type of Expenditure Reimbursements Requested this Request Total Reimbursements Requested to Date (incl. this request) Equipment Training Planning Organization Exercise Total $ - $ - For questions regarding this reimbusement request contact Name Phone Email Remittance Address (Address check will be mailed to) FY 16 UASI - SUBRECIPIENT 81 of 521 November 1, 2016 Appendix C — Form of Reimbursement Request Governor's Office of Homeland Security FY16 Urban Area Security Grant Grant: FY16 UASI Grant #2016-00102 FIPS #073.66000 CFDA #97.067 Supporting Information for Cash Request Cash Request ## • Requesting reimbursement in the amount of $-------- DUNS # Under Penalty of Perjury I certifiy that: • The total amount of funds requested pursuant to this Reimbursement Request will be used to reimburse SUBRECIPIENT for Authorized Expenditures, which expenditures are set forth on the attached Cover Sheet, to which are attached true and correct copies of all required documentation of such expenditures. • After giving effect to the disbursement requested pursuant to this Reimbursement Request, the Funds disbursed as of the date of this disbursement will not exceed the maximum amount set forth in Appendix A of this agreement for specific projects and programs. • The representations, warranties and certifications made In the Agreement are true and correct in all material respects as if made on the date hereof, and SUBRECIPIENT Is In compliance with all Grant Assurances in Appendix B of the Agreement. Furthermore, by signing this report, SUBRECIPIENT certifies to the best of their knowledge and belief that the report is true, complete and accurate and expenditures, disbursements, and cash receipts are for the purpose and objectives set forth In the terms and conditions of the federal award, SUBRECIPIENT is aware that any false, fictitious or fraudulent information or the omission of any material fact, may subject SUBRECIPIENT to criminal civil or administrative penalties for fraud, false statements, false claims or otherwise. • No Event of Default has occurred and is continuing. • The undersigned is an officer of SUBRECIPIENT authorized to execute this Reimbursement Request on behalf of SUBRECIPIENT. • This claim is for costs incurred within the grant performance period Printed Name: Title: Mailing Address: Remittance Address (Address check will be mailed to) J Phone Number: Email Address: Fax Number: Signature Date: Mail Reimbursement Requests to: City of San Diego Office of Homeland Security Grants Management Section 1010 Second Ave, Ste 1500 FY 16 UASI - SUBRECIPIENT 82 of 521 November 1, 2016 San Diego, CA 92101 Appendix C — Form of Reimbursement Request FY City of San Diego Reimbursement Processing Checklist Equipment Reimbursements Grant Jurisdiction Reimbursement Amount EReimbursement Request Form signed by Authorized Agent or Other Designated Authorized Signer Workbook BVerified that items are in approved workbook (if it is not listed in the workbook it is not reimbursable) Entered invoice information on appropriate line(s) and highlighted Required Pre -Approvals Attached (EHP, Aviation, Sole Source, etc.) Procurement Documentation Agency procurement policy (Federal v. local requirements, the most stringent applies) Quotes !Number of quotes received RFP _ Advertisement, Medium Used RFP Cover Page Cover Sheets showing the submitting bidders in response to RFP Award Letter Sole Source (Copy of Agency Approval and Ca]EA Approval ) 1122 Program Iv1 ICopy of signed order form submitted to 1122 program LPerformance Bond if equipment is a vehicle, aircraft or watercraft or any equipment S250,000 or more Invoices RInvoices certified as originals Vendor Debarment List Checked/Print out Proof of Payment DUNS Number Confirm each page within reimbursement request has grant identification stamp FY 16 UASI — SUBREGIPIENT C-3 November 1, 2016 S:10HS\GranlslReimbursement ProcesslWorrns for Jurisdictions to Request ReimbursementWY16 UASI ReImbursement Request Forms Equipment Checklist 83 of 521 Appendix C — Form of Reimbursement Request City of San Diego Reimbursement Processing Checklist Training Reimbursements FY Grant Jurisdiction Reimbursement Amount Reimbursement Request Form signed by Authorized Agent or Other Designated Authorized Signer Training Detail Worksheet Invoices ❑Vendor Debarment List Checked/Print out ❑ Procurement Documentation FAgency procurement policy (Federal v. local requirements, the most stringent applies) Quotes El !Number of quotes received RFP L _ Advertisement, Medium Used RFP Cover Page Cover Sheets showing the submitting bidders in response to RFP Award Letter Sole Source (Copy of Agency Approval and CaJEMA Approval ) Proof of Course Total Cost (if requesting reimbursement) Course Roster or Proof of Attendance (certificate) Proof of Travel Costs (if requesting reimbursement) Von must use the most restrictive rates between your agenry and Federat Per Diem Contractor/Consultant Summary (Email Electronic Version to OHS) Personnel Summary of overtime costs DPayroll documentation HFull Time Card for Each Employee Proof of Hourly Rate Financial System Report Showing Expense Proof of Payment Agency employee working as contractor must showtime off proof DConfirm each page within the reimbursement request has a stampEmarled Electronic Version of Employee Summary to OHS ❑ DUNS Number FY 16 UASI — SUBRECIPIENT C-4 November I, 2016 S:1OHS1Grants\Reimbursement Process\Forms for Jurisdictions to Request Reimburse nentlFYl 6 UASI Reimbursement Request Forms Training Checklist 84 of 521 Appendix C -- Forrn of Reimbursement Request FY City of San Diego Reimbursement Processing Checklist Exercise Reimbursements Grant Jurisdiction Reimbursement Amount Reimbursement Request Form signed by Authorized Agent or Other Designated Authorized Signer Exercise Detail Worksheet DVcrified that total in each column matches documentation total provided Invoices Procurement Documentation Agency procurement policy (Federal v. local requirements, the most stringent applies) Quotes Number of quotes received RFP Advertisement, Medium Used RFP Cover Page Cover Sheets showing the submitting bidders in response to RFP Award Letter Sole Source (Copy of Agency Approval and Ca]EMA Approval) DProof of Non -Personnel Exercise Total (if requesting reimbursement) ❑ Exercise Roster or Proof of Attendance ❑ Proof of Travel Costs (if requesting reimbursement) You must use the most restrictive rates between year agency and Federal Per Diem ❑ Contractor/Consultant Summary (Email Electronic Version to OHS) ❑ Personnel Summary of overtime costs DPayroll documentation Ful] Time Card for Each Employee Proof of Hourly Rate Financial System Report Showing Expense Proof of Payment ❑ Confirm each page within the reimbursement request has a stamp and is filled out D DUNS Number FY 16 UASI - SUBRECIPIENT C-5 November 1, 2016 S:10HSlGrantslReimbursement ProcessiForms for Jurisdictions to Request RE 85 of 521 IASI Reimbursement Request Forms Exercise Checklist Appendix C -- Form of Reimbursement Request FY City of San Diego Reimbursement Processing Checklist ❑ Planning Organization Grant Jurisdiction Reimbursement Amount Reimbursement Request Form signed by Authorized Agent or Other Designated Authorized Signer Description of Tangible Product (Deliverable) (for Planning only) Workbook Verified that items are in approved workbook (if it is not listed in the workbook it is not reimbursable) Entered actual total amount spent in actual column of workbook and highlighted ❑ Task List ❑ Invoices Invoices certified as originals Vendor Debarment List Checked/Print out ❑ Procurement Documentation Agency procurementpolicy(Federal v. local requirements, the most stringent applies) Quotes Number of quotes received 1 RFP Advertisement, Medium Used RFP Cover Page Cover Sheets showing the submitting bidders in response to RFP Award Letter Sole Source (Copy of Agency Approval _ and CalEMA Approval ) Proof of Travel Costs (if requesting reimbursement) You must use the most restrictive rates between your agency and Federal Per Diem Contractor/Consultant Summary (Email Electronic Version to OHS) Personnel Summary of overtime costs Payroll documentation Full Time Card for Each Employee or contractor Proof of Hourly Rate Financial System Report Showing Expense Proof of Payment ElConfirm each page within the reimbursement request has a stamp and is filled out El DUNS Number FY 16 UASI - SUBRECIPIENT C-6 November 1, 2016 S:10HSIGrantslReimbursement Process\Forms for Jurisdictions to Request Reimbursernen11FY16 UASI Reimbursement Request Forms Planning Organization Checklist 86 of 521 Core City: Jurisdiction: Appendix C — Form of Reimbursement Request Office of Homeland Security FY16 Urban Area Security Initiative Grant Program Training/Exercise Costs Detail Worksheet Course Delivery Overtime & Sacklill Travel TOTAL. $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - a TOTAL .e Expenditure Period: Date: Attendee Breakdown by Discipline EMA EMS FS GA HZ LE PH PSC PW Total 0 0 0 0 0 0 0 0 0 0 0 0 0 NOTE: D.T. fringe benefits are limited to FICA, Worker's Compensation and Unemployment Compensation. Each jurisdiction must ensure that reimbursement requests do not include any other D.T. fringe benefit expenditures. Other fringe benefit costs must be absorbed by the jurisdiction. OHS Grant: FY16 UASI Grant: #2016-00102 Gala ES#073-66000 Jurisdiction: ---- Amount $------- Doc Ref: Reimb Rqt Training or or Exercise? FY 16 UASI - SUBRECIPIENT C-7 87 of 521 November 1, 2016 4ppc^dlx C — Form o1 Relmbursemant P.wqurx[ PERSONNEL CFDA g7.G67 City of San Diego 2016-00102 073-66000 SUBMIT TO OHS ELECTRONICALLY AS WELL AS IN YOUR REIMBURSEMENT PACKET LEDGER TYPE; WI Reglie t Ta9y's bete Expenditure(flats) (Me) from To: Cash Request Project Letter1 Employeedame;latnameflrst Bacld�i for Prq} /p•tvelade - hording Source r Discipline SoluhonArea SolubonAras Sub,CategorV Dates of PayrollPclod Overtime FkurTr+Rate Pate lr Total Salary A Benefits'tanned for the Reporting Petted raid Project Hours CaphRequest N Total Cost alarged to Grant __ J-- _ _ .. W51 r .Il — -------L-- - UASI UASI _ UAs] UASI UASI UASI VAS[ - UASI UASI UASI UASI UASI UASI - UASI pas! oast uA9 VAS] UASI - LIAsl - VASI SI - UAW uAs] UASI LIAR UASI VAS WM UASI_ Uast - VASE uASI - [IASI - uAsl - VAR UAW Ufa UASI WM IMbl MS! _ UASI FY 16 UASI — SUBRECIPIENT FMFWv1.12 -2012 88 of 521 8 November 1, 2016 Arguedlx C — Form of Reimbursement Request City of San Diego 073-66000 2016-00102 Protect Letter Consulting Firm & Consultant Name CONSULTANT/CONTRACTOR 5U8MIT TO OHS ELECTRONICAL L Y AS WELL AS IN YOUR REIMBURSEMENT PACKET Project & Descnpban of Servloes Oeliverabre Solution Area Solution Area Sub - Category Fxendtture Category Penod of Expenditure fief Far Deliverable CFDA #: 97.067 HSGP LEDGER TYPE; Cash Request Todays Date Evenditure Period. (Date) From. (Date) To Cash Request Billable Maur Breakdown Total Salary & Benefits charged for this Reporting Period Ftourly/Bdling Rate Total Project Hours Cash Request # Total Cast Charged to Grant J FMrW v1.12 - 2012 FY 16 UASI — SUBRECIPIENT 89 of 521 November 1, 2016 Appendix G — Form of Reimbursement Request Per Diem Ex en5es for (Employee Name) Date J Total Breakfast _ Lunch _ Dinner Snack Tips Total Meals - - - - - - - - - GSA Pet Dietn Meals & Inc Exp. Max _ Reimbursable Meal Amount _- Hotel GSA Pet Diem Lcdgine (cxciudur taxes & fee) Reimbursable Lodging w taxes Amount' - - - - - Mileage Registration Parking _ Taxi _ Total Reimbursable for - - _ _ - - _ Total Reimbursable for - Per Diem Expenses for (Employee Name) Date total Breakfast - Lunch _ Dinner Snack Tips Total Meals - - - - - - GSA Per Diem Meals & Inc Exp. _ Reimbursable Meal Amount - _ _ - - - - - Hotel GSA Per Diem Lodging (excluding taxes) Reimbursable Lodging w taxes Amount - - - - - - - Mileage Registration - Parking - Taxi Total Reimbursable for - - - - - - - - _ _ - Total Reimbursable fur Total Reimbursable for Claim FY 16 UASI — SUBRECIPIENT 90 of 521 -10 November 1, 2016 APPENDIX D — PERFORMANCE PERIOD EXTENSION REQUEST City of San Diego Office of Homeland Security PERFORMANCE PERIOD EXTENSION REQUEST Subrecipient Name: UASI FY: Project: Project Title: Total Amount Allocated: Amount Expended: Original Milestone Deadline: Adjusted Milestone with additional funds: Requested Milestone Extension Deadline: 1. Describe the details of the project: 2. What is the current status of the project? 3. Please provide a timeline as to how you will meet the new requested date: 4. How have you analyzed your errors in the initial timeline? What are the reasons why the project is late? 5. How have you improved your planning and project management process to avoid future delays if this request is granted? What plans and documentation do you have in place to guarantee the requested deadline will be met? 6. List and describe all equipment with costs and AEL #s: Equipment & Description Cost AEL number PROJECT A: TOTAL PROJECT B: TOTAL FY 16 UASI — SUBRECIPIENT D-1 November 1, 2016 91 of 521 APPENDIX D — PERFORMANCE PERIOD EXTENSION REQUEST PROJECT D: TOTAL PROJECT E: TOTAL PROJECT G: TOTAL All Investments TOTAL FY 16 UASI — SUBRECIPIENT D-2 November 1, 2016 92 of 521 RESOLUTION NO. 2017 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY AND THE CITY OF NATIONAL CITY FOR THE DISTRIBUTION OF FISCAL YEAR 2016 URBAN AREA SECURITY INITIATIVE GRANT FUNDS, AND AUTHORIZING THE ESTABLISHMENT OF AN APPROPRIATION AND CORRESPONDING REVENUE BUDGET IN THE GRANT AMOUNT OF $219,010 FOR THE REIMBURSABLE GRANT PURCHASE OF EQUIPMENT, PLANNING, AND TRAINING FOR THE POLICE AND FIRE DEPARTMENTS WHEREAS, the Urban Area Security Initiative ("UASI") Grant Program provides funding for equipment, planning, and training necessary to respond to natural or man-made disasters or terrorism incidents that may occur in the San Diego urban area; and WHEREAS, the City of National City is required to execute an Agreement for the distribution of Fiscal Year 2016 UASI grant funds with the City of San Diego Office of Homeland Security that documents the roles, responsibilities, and expectations at the local, State, and federal levels, and ensures that the City of National City, as a participant in the program, agrees to meet the State and federal requirements; and WHEREAS, the Agreement provides the City with UASI grant funds in the amount of $219,010, and requires the City to incur expenses for equipment, planning, and training for police and fire personnel, and then apply for reimbursement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement with the City of San Diego Office of Homeland Security for the distribution of Fiscal Year 2016 Urban Area Security Initiative grant funds in the amount of $219,010 for the reimbursable purchase of equipment, planning, and training for the Police and Fire Departments. Said Agreement is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that staff is directed to request reimbursement of funds in the amount of $219,010 from the Fiscal Year 2016 Urban Area Security Initiative Grant Program. BE IT FURTHER RESOLVED that the City Council of the City of National City authorizes the establishment of an appropriation and corresponding revenue budget in the amount of $219,010. PASSED and ADOPTED this 7th day of February, 2017. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III Interim City Attorney 93 of 521 CC/CDC-HA Agenda 2/7/2017 — Page 94 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Chief of Police to execute an addendum to enter into a Memorandum of Understanding, effective through October 31, 2019, for participation in the San Diego Human Trafficking Task F 94 of 521 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 7, 2017 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Chief of Police to execute an addendum to enter into a Memorandum of Understanding, effective through October 31, 2019, for participation in the San Diego Human Trafficking Task Force (SDHTTF), previously named as the San Diego Violent Human Trafficking and Child Exploitation (VHTCE) Task Force. The SDHTTF will conduct criminal investigations to disrupt and dismantle violent human trafficking and child exploitation organizations. PREPARED BY: Jose Tellez, Captain DEPARTMENT: Police PHONE: (619) 336-4513 APPROVED BY: EXPLANATION: The SDHTTF will target human trafficking organizations through a comprehensive, calla rative, nd-regional response. SDHTTF will identify and rescue victims and hold their offenders accountable hrough a coordinated law enforcement effort to investigate and prosecute offenders. The SDHTTF provides tools, public education and community resources to promote community awareness regarding human trafficking. The National City Police Department will dedicate one investigator to the task force. For the purposes of the MOU, each participating agency is responsible for providing its respective personnel assigned to SDHTTF with salaries, benefits, and overtime. Depending on funding sources, overtime may be reimbursed to the City of National City as SDHTTF is authorized to receive investigative overtime reimbursement funds on behalf of each participating task force agency from various federal law enforcement agencies. SDHTTF will establish an Overtime Reimbursement Agreement with each federal agency which will document the specific overtime reimbursement depending on the criminal investigation being conducted by SDHTTF. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Approve Resolution, BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: SDHTTF MOU 95 of 521 State of Calilbraiia Memorandum To : THOMISON, Chief Accounting Office Division of Administrative Support From JHN MARSH, Chief 'Bureau of Investigation Division of Law Enforcement Subject : Memorandum of Understanding (MOU) — VHTCE Datte: Telephone: Facsimile: Department of Justice January 14, 2015 (916) 319-9570 (916) 731-2132 • Attached for your review and Assistant Director Haiper's signature is a new San Diego Violent Human Trafficking and Child Exploitation (MICE) MOU. The Department of Justice will be responsible for the salary and benefits of the task force commander. A separate overtime reimbursement agreement for each federal agency funding source will be forth coming. This agreement will be effective from November 1, 2014, through October 31, 2019. Once signed, please return the agreement to the attention of Patricia Perez, Division of Law Enforcement,. Bureau of Investigation. Should you have any questions regarding this agreement, you may contact Patricia at (916) 319-8594. PP Attachment 96 of 521 S N DIEGO_ VIOLENT. UEt ._.T -: y FRCKING CHILD EXPLOITA TION TASK FORCE N TCE) WiEMORANDU OF UNDERSTANDING November 1, 2014 - October 31, 2019 97 of 521 TABLE OF CONTENTS I. PURPOSE 4 II. MISSION 4 III. TASK FORCE COORDINATION COMMITTEE 5 IV. MANAGEMENT 5 V. TASK FORCE COMMANDER 5 VI. COMPENSATION 6 VII. BUDGET 6 VIII, TRAINING AND TRAVEL 6 IX. ANNUAL REPORT 6 X. RESOURCES 7 Xl. FACILITIES, EQUIPMENT AND PROPERTY 8 XII, ASSET FORFEITURE 8 XIII. ADMINISTRATION AND AUDIT 8 XIV. INSPECTION PROCESS 8 XV. NONDISCRIMINATION CLAUSE 9 XVI. RESPECTIVE RESPONSIBILITIES 9 XVII. POLICY AND PROCEDURE MANUAL 9 XVIII, TERMS OF AGREEMENT 9 XIX, AUTHORIZATION 10 ATTACHMENT A 13 98 of 521 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding .(MOU) to establish the San Diego Violent Human Trafficking & Child. Exploitation Task Force (VHTCE) is entered into by the California Department of Justice, Bureau of Investigation (hereinafter BI) and the following participating agencies and associate members: Participating Agencies: California Department of Justice, Attorney General's Office (DOJIAGO) California Highway Patrol (CHP) Federal Bureau of Investigation (FBI) Immigration and Customs Enforcement/Enforcement and Removal Operations (IGEIERO) 10E/Homeland Security Investigations (ICE/HSI) San Diego City Attorney's Office (SDCAO) San Diego County District Attorney's Office (SDCDAO) San Diego Sheriffs Department (SDSO) San Diego Police Department (SDPD) United States Attorney's Office, Southern District of California (USAQ) Associate Members: U.S. Customs and Border Protection, San Diego Sector Border Patrol Coronado Police Department Escondido Police Department La Mesa Police Department San Diego County Probation Department 99 of 521 I. PURPOSE The purpose of this Memorandum of Understanding is to set forth the responsibilities of the participating agencies as they relate to the San Diego Violent Human Trafficking & Child Exploitation Task Force (VHTCE):. Human Trafficking is the exploitation by force, fraud, fear, or coercion of vulnerable people, for mandatory labor, domestic servitude, or commercial sex operations. Working in conjunction, the participating agencies will endeavor to effectively enforce all forms of violent human trafficking and child exploitation laves of the State of California, as expressed in the Penal Code, as well as all applicable___ federal laws. VHTCE will reduce the incidence of violent human trafficking in San Diego County and will implement a comprehensive, collaborative and statewide response by: Identifying and rescuing victims of human trafficking, as well as connecting them to social, legal, and immigration services; Creating a coordinated law enforcement system to investigate and prosecute these crimes; Disrupting. and dismantling domestic and transnational criminal organizations supplementing narcotic trafficking with human trafficking, or a combination of crimes, identified as an emerging. trend for a lucrative and profit based crime; Providing tools, education,. and community coordinated resources to. promote awareness; training local law enforcement agencies, social service providers, and communities on human trafficking indicators and responses; Utilizing an information sharing platform to expand the exchange of information and create a mechanism for communication and strategic collaboration across jurisdictional boundaries for law enforcement agencies statewide; Establishing a statewide investigative system to provide link analysis and comprehensive analytical capabilities to correlate and link traffickers to victims. This will be achieved by leveraging available databases within various applications such as criminal justice information systems, gang systems and websites advertising dating or escort services for the purposes of sharing and disseminating valuable information. Use of this task force concept is intended to ensure a well -coordinated response within San Diego County and statewide. !!. MISSION The mission of VHTCE into significantly disrupt and dismantle violent human trafficking and child exploitation organizations through a comprehensive, collaborative and regional response. VHTCE will identify and rescue victims and hold their offenders accountable by creating .a coordinated law enforcement system to investigate and prosecute offenders; identifying and disrupting emerging trends involving domestic and transnational criminal organizations; providing tools, education and community resources; promoting community awareness; training local law enforcement and communities on violent human trafficking indicators and responses; and expanding the exchange of information by creating a mechanism for statewide strategic cooperation. A 100of521 TASK FORCE COORDINATION COMMITTEE VHTCE will be governed by a "Task Force Coordination Committee." Participating Agency - A "Participating Agency" is an allied state, federal or local law enforcement agency that has made a commitment :of resources and manpower to VHTCE for an agreed upon time period. --------- octateMernber -an-Associate--Memberradepa ►ent..manager,_or_a-designee, _. may attend regular quarterly sessions of the Task Force Coordination Committee but shall not have voting rights.. Associate Members will not share in any distribution of State or Federal Asset Forfeiture funds. Structure - The Task Force Coordination Committee will consist of the Special Agent in Charge (SAC) of the California Department of justice, Bureau of Investigation, San Diego Regional Office (DOJIBI/SDR©), hereafter referred to as the Program Manager, or hislher designee, and the department managers of each participating agency or hislher designee. Role - The Task Force Coordination Committee shall meet on a quarterly basis for the purpose of reviewing the activities of VHTCE. Also, the members shall have general responsibility for the oversight of VHTCE operations, Policy Authority - The Task Force Coordination Committee shall be responsible for VHTCE policies and operating procedures. The Task Force Coordination Committee shall periodically review and evaluate VHTCE operations, goals, objectives, policies and procedures. IV. MANAGEMENT The management of VHTCE resources will be the responsibility of the Program Manager. The Program Manager shall retain oversight and control of the personnel assigned to VHTCE. When the number of law enforcerent personnel from participating agencies drops below four, BI may terminate the MOU. When the number of law enforcement personnel from participating agencies is over nine, the Program Manager may recommend adding additional Supervisor(s). The Task Force Coordination Committee shall elect a Chairperson. The Task Force Coordination .Corrmiftee.Ct airperson.wilt bete Program Manager's primary. contact with the committee on normal operational matters and will bring to the committee's attention any matters that would require a consensus of the committee prior to a regularly scheduled quarterly meeting. The Program Manager will be responsible for the formulation of minutes for the meeting and notification of committee members of upcoming meetings, The position of Task Force Coordination Committee Chairperson will be reelected annually. The Task Force Coordination Committee Chairperson and the members will conduct an annual review of VHTCE's effectiveness in achieving the task force's goals and objectives. V. TASK FORCE COMMANDER A Task Force Commander (TFC) from BI shall be responsible for managing the operational and administrative functions of the VHTCE and will report to the Task Force Coordination Committee through the Program Manager. The BI TFC will provide the Program Manager with monthly and annual reports of VHTCE activities. Assigned personnel shall remain under the ultimate control of their respective agencies, but shall take supervision and direction, as necessary, from the TFC While working with the 101 of 521 VHTCE, providing that the supervision and direction does not violate each agency's policies and procedures. V1. COMPENSATION Each participating agency is responsible for providing its respective personnel assigned to VHTCE With salaries, benefits and overtime in accordance with both the Fair Labor and Standards Act (FSLA) regulations and applicable. agency policy, absent .any ..otbeL approv l.agreement withtbe_Task Force,Coordination .Committee,__ VHTCE is authorized to -receive investigative overtime reimbursement funds on behalf of each participating task force agency•from the venous federal law enforcement agencies, which include but are not limited to the Federal Bureau of .investigation (FBI) and Homeland Security Investigation (HSI), as Well as to receive federal investigative overtime reimbursement funds through the Organized. Crime Drug Enforcement Task Force (OCDETF) and the High. Intensity Drug Trafticking.Area (HIi7TA). The individual overtime reimbursement amounts will not exceed the caps established between the reimbursing federal agency and VHTCE. An Overtime Reimbursement Agreement will be established for each federal agency funding source, which 'will document the specific overtime reimbursement available to each participating agency, based on the parameters within the designated. agreement. This MOU also allows for a side Letter of Agreement to be prepared and, with the approval of VHTCE Task Force Coordination Cornrnittee, to allow for the reimbursement to any participating agencies for overtime expenses accrued by their task force members, provided that they are eligible to receive overtime. VII. BUDGET The Program Manager will prepare a proposed budget by March 15th for the ensuing fiscal year for approval by the Task Force Coordination Committee. A monthly report of expenditures shall accompany the monthly statistics report submitted to the Task Force Coordination Committee as outlined in VHTCE Policy and Procedures Manual. (See Attachment A) VIII. TRAINING AND TRAVEL Training is handled by participating agencies according to their individual budgets, A yearly training plan for ail task force personnel, sworn and non -swot, shall be prepared upon their assignment to the task force. In addition, a yearly group -training plan shall be prepared and submitted with the task force yearly budget proposal. IX. ANNUAL REPORT The Program Manager will provide the Task Force Coordination Committee and BI Headquarters with an annual report of activity no later than March 15th of each year. This report will summarize the proceeding calendar year's operation and shall include a section for statistical data broken down in a fashion similar to that of the monthly reports. The report shall contain sufficient information regarding statistical accomplishments, human trafficking trends, and developing trends impacting our region, to enable the Task Force Coordination Committee to reassess task force goals and objectives. 102 of 521 X. RESOURCES The VHTCE TF will be comprised of two (2) flexible teams, .each with both a federal and state/local supervisor/sergeant. One team will include an ICE/HSI Supervisor and a SDPD Sergeant and consist of personnel from ICE/HSI, JCEJHSIIERO, and SDPD. The second team will include a FeI Supervisor and a DOJ/BI TFC and will consist of personnel from DOJ/BI, SDSD, and SDCDAO, Eachof._ the b_eiow li .agen s_has g.reed., _i .y .virtue nfthe _signature. of_tb .._...... _ . department head affixed to this MOU, to contribute the following personnel and/or resources to VHTCE in each year of this agreement. f` alifornia,Deoar rnen of Jt , rRcaurea of to �Ia t o i___._ .v.es -- One (1) Special Agent in Charge — Program Manager One (1) Special Agent Supervisor One (1) undercover vehicle with standard complement of investigative andsafety equipment California Highway Patrol, Border Division One (1) CHP Officer One (1) undercover vehicle with standard compliment of investigative and safety equipment reassamia eoartmen of 'a . Atthrhey G neraI s office One (1) dedicated and corningled Deputy Attorney General One (1) dedicated Deputy Attorney General Federal Bump of fnvestigatjog One (I) Group Supervisor Five (5) Agents Six (6) undercover vehicles with standard complement of investigative and safety equipment One (1) part -dine comingled Victim/Witness Specialist Jrmniaration and•Customs Enforcement/i nforiement and Removal Operations One (1) Deportation Officer One (1) undercover vehicle with standard complement of investigative and safety equipment One (1) Group Supervisor Seven (7) Agents Eight (8) undercover vehicles with standard complement of investigative and safety equipment One (1) part-time comingled VictimMlitness Specialist San. Dieao City Attorney's Office One (1) dedicated Deputy City Attorney San Diego County District AttorneyOffice One (1) District Attorney investigator One (1) undercover vehicle with standard complement of investigative and safety equipment One (1) dedicated and comingled Deputy District Attorney One (1) dedicated Deputy District Attorney San Died? Sheriff's Department Four (4) Detectives Four (4) undercover vehicles with standard complement of investigative and safety equipment One (1) part-time comingled undercover Deputy One (1) Intelligence Analyst 103of521 i a.n .Di: fi.Pojjpe pe rtinent One (1) Sergeant Three (3) Detectives Four (4) undercover vehicles with standard complement of investigative and safety equipment Two (2) dedicated Assistant U.S. Attorneys XI t FACILITIES,EQUIPMENT AND PROPERTY Any and all property, including equipment, furniture, furnishings of whatever kind or description., purchased or acquired with BI funds shall be the property of BI and at the termination of this agreement and whereupon no new agreement is reached, all said property shall be returned to :Bi. Other expenses will be funded as follows. No other financial commitments are created by this .agreement. 1. Lease of office space will be paid for by Bi 2. Installation of telephone lines and monthly, local, ATSS, and long distance will be paid for by Bi 3. Telephone equipment will be paid for by B1 4. Utilities will be paid for by B1 5. Alarm equipment including maintenance and monitoring will be paid for by B1 6. Evidence storage and alarm security will be paid for by BI 7. CLETS machine on single or county line will be paid for by Bi 8. Two T-1 lines and recurring monthly charges will be paid for by FBI XII. ASSET FORFEITURE Ail forfeiture procedures and sharing will be based upon the appropriate Provisions of State or Federal lavv and policy. XIII. ADMINISTRATION AND AUDIT In no event shall the member agencies charge any indirect costs to BI .for administration or implementation of this agreement during the term thereof. Any and all records pertaining to VHTCE expenditures shall be readily available for examination and audit by BI or any other participating agency. In addition, all such records and reports shall be maintained until audits and examinations are completed and resolved, or for a period of three (3) years, whichever is longer. XIV. INSPECTION PROCESS It is the policy of 81 to maintain a formal Administrative Inspection Program. This program requires administrative inspections of each BI supervised regional task force, once every month. All inspections will be conducted by the Program Manager or his/her designee. 104 of 521 Copies of the inspection report(s) will be delivered to the Chief of Bi and provided to the Task Force Coordination Committee for their review. Upon the change of the Program Manager, an Administrative inspection shall be conducted, which includes all areas of the BI Compliance Inspeotton. At such time, an audit of BI evidence, funds, Case information Management System (C1MS) files and specialized equipment shall be performed, with the exception of Staff Interviews. - XV.---NONDISCCRi INA' ION -CLAUSE— All participating agencies will comply with Title VI of the Civil Rights Act of 1964 and all requirements imposed or pursuant to the regulations of the U.S. Department of Justice (28 CFR, Part 42, Subparts C and D) issued pursuant to Title VI relating to discrimination on the grounds of race, color, creed, sex, age or national origin and equal employment opportunities. XVI. RESPECTIVE RESPONSIBILITIES For the purpose of indemnification, each participating agency of VHTCE shall be responsible for the acts of its participating personnel and to the extent applicable by law and policy, shall incur any liabilities arising out of the services and activities of those personnel while participating in VHTCE. Personnel assigned. to VHTCE shall be deemed to be continuing under the employment of their jurisdictions and shall have the same powers, duties, privileges, responsibilities and immunities as are conferred upon them as law enforcement agents/officers, in their own jurisdiction. XVII. POLICY AND PROCEDURE MANUAL It is agreed that all members of the task force shall abide by the applicable policies and procedures as expressed in the VHTCE TF policy and procedure manual, which is specific in content to the needs, objectives and goals of the VHTCE TF. If a conflict in policy and procedures arises, each respective agent/officer department.policy and procedures manual shall take precedence. XVIII.TERMS OF AGREEMENT The terra of this agreement shall be from November 01, 2014, through October 31, 2019. The term of this agreement may be terminated prior to October 31, 2019 upon mutual written consent of the participating agencies. This agreement may be modified upon mutual written consent of the participating agencies. An extension of this MOU will be granted pursuant to the signed agreement of the Task Force Coordination Committee. Any participating agency may withdraw its participation from the Task Force by providing notice in writing to the Task Force Coordination Corrirnittee Chairperson thirty (30) days prior thereof. VHTCE will only be responsible for financial obligations incurred by task force participating agencies during the term of this agreement. 105of521 XIX. AUTHORIZATION The participating agencies, by their duly authorized officials, have executed this MOU. on the respective dates indicated below, This MOU will become effective upon receipt by•BI Headquarters of the original MOU with all its attachments. All fixture amendments must be forwarded. to BI Headquarters and will become effective upon receipt. Signature itJ'4t4m1,)e2 /lily ER lC. 3- eiffAitiAti,4; Date Print Name Robe k C. 5; 6 s . , A LI. , 4 ngSpeciai Agent in Charge Federal Bureau of Investigation San Diego Field Office Signature Date Print Name Gregory J. Archambeault Field Office Director Immigration and Customs Enforcement Enforcement and Removal Operations Print Name Jose M. Garcia Interim Special Agent in Charge ICE/Homeland Security Investigations San Diego, California Signature Date Print Name Jan I. Goldsmith City Attorney San Diego City Attorney's Office Signature Date Print Name Bonnie Dumanis District Attorney San Diego County District Attorney's Office AA 106of521 XIX. AUTHORIZATION The participating agencies, by their duly authorized officials_, have executed this MOU on the respective dates indicated below.. This MOU will become effective upon receipt by Bl Headquarters of the original MOU with all its attachments. All future amendments must be forwarded to BI Headquarters and will become effective upon receipt. Signature Date Signe u Date Print Name Robert Howe Acting Special Agent in Charge Federal Bureau of Investigation San Diego Field Office QT f T. '.1, Print Name Gregory J, Archambeault Field Office Director lmriigration and Customs Enforcement Enforcement and Removal Operations Signature Date Print Name Jose M. Garcia Interim Special Agent in Charge ICE/Homeland Security Investigations San Diego, California Signature Date Print Name Jan 1. Goldsmith City Attorney San Diego City Attorney's Office Signature Date Print Name Bonnie Dumanis District Attorney San Diego County District Attorney's Office {A 107 of 521 XIX. AUTHORIZATION The participating agencies, by their duly authorized officials, have executed this MOU on the respective dates indicated below. This MOU will become effective upon receipt by B1 Headquarters of the original MOU with all its attachments. All future amendments must be forwarded to Bl Headquarters and will become effective upon receipt. Signature Date Print Name Robert Howe Acting Special Agent in Charge Federal Bureau of Investigation San Diego Field. Office Signature . Date Print Name Gregory J. Archambeault Field Office Director Immigration and Customs Enforcement Enforcement and Removal Operations Signature Date Signature Date Print Name Jose M. 'Garcia Interim Special Agent in Charge ICEiHomeland Security Investigations San Diego, California Print Name Jan 1. Goldsmith City Attorney San Diego City Attorney's Office Print Name Bonnie Dumanis District Attorney San Diego County District Attorney's Office .n 108 of 521 XIX. AUTHORIZATION The participating agencies, by their duly authorized officials, have executed.this IOU on the respective -dates indicated below. This IVIOU will become effective upon receipt by BI Headquarters of the original MQU with all its attachments. All future amendments must be forwarded to BI Headquarters and will become effective upon receipt Signature Date Print Narne -Robert Howe Acting Special Agent in Charge Federal Bureau of Investigation San Diego Field Office Signature Date Print Name Gregory J. Archambeault Field Office Director Immigration and Customs Enforcement Enforcement and Removal Operations Signature Date Print Name Jose M. Garcia Interim Special Agent in Charge ICE/Homeland Security Investigations San Diego, California Slb, l IQtL1 V Date Print Name Jan I. Goldsmith City Attorney San Diego City Attorney's Office Signature Date print Name Bonnie Dumanis District Attorney San Diego County District Attorney's Office 109of521 Signature dl-fe 44' 0//1/4/ WILUAtA 654a- Date Print Name William Gore Sheriff San -Diego -Sheriff's-Department - - Signature Date Print Name Shelley Zimmerman Chief San Diego Police Department Signature Date Print Name Laura Duffy United States Attorney United States Attorney's Office Southern District of California Signature Date Print Name Jim Abele Chief, Border Division California Highway Patrol Iill IIy 3M AM1L Date Print Name Sara Marie Campbell Special Agent in Charge Bureau of Investigation San Diego Regional Office 110 of 521 Signature Date Print Name William Gore Sheriff .San -Diego -Sheriffs Department Signature Date Signature 1 Date CGCEit 77 � Print Name Shelley Zimmerman Chief San Diego Police Department Print Name Laura Duffy United States Attorney United States Attorney's Office Southern District of California Signature Date Print Name Jim Abele Chief, Border Division California Highway Patrol Signature Date Print Name Sara Marie Campbell Special Agent in Charge Bureau of Investigation San Diego Regional Office Signature Date Print Islame William Gore Sheriff Sate-f iego-Sheriffs -department ..- Signature Date Print Name Shelley Zimmerman Chief San Diego Police Department I-4v12 7 Signature Date Print Name Laura Duffy United States Attorney United States Attorneys Office Southern District of California Signature Date Print Name Jim Abele Chief, Border Division California Highway Patrol Signature Date Print Name Sara Marie Campbell Special Agent in Charge Bureau of investigation San Diego Regional Office Signature Date Print Name William Gore Sheriff -San Diego -Sheriff's Department - Signature Date Print Name Shelley Zimmerman Chief San Diego Pollee Department Signature Date Print Name Laura Duffy United States Attorney United States Attarney's Office Southern District of California Signature Date Print Name Jim. Abele Chief, Border Division California Highway Patrol Signature Date Print Name Sara Marie Campbell Special Agent in Charge Bureau of investigation San Diego Regional Office 113 of 521 Nature Date S3gtur. Date 71-2,-f Print Name JOHN MARSH, Chief Bureau of Investigation California tiepartment ahatice (//o/2-01 Er Print Name jufie_Garlartd- C. 4 L b EXACT.4., ere Acting Chief, Assistant Attorney General California Department of Justice Division of Criminal Law 2C MS- 14441 jam; itudfealr Print Nam Larry J. Wallace Director •California Department of Justice Division of Law Enforcement Signature Date Print Name David Harper Assistant Director California Department of Justice Division of Administrative Support ATTACHMENT A VHTCE, Bureau of Investigation Memorandum of Understanding Fiscal Year 2015 Budpet Overtime (Paid by FBI/ILNI): Fifteen (15) Task Force Agents (TFO): One (1) Analyst: Total Overtime: $ 6,000 per FY _ $80, 000 $ 10.000 per FY $100,000.00 Technical Equipment (Paid by FBI/ILN/): T-1 Line Installation: $1 ,500 Recurring Monthly Charges: $200 per month x 12 months = $2,400 Total: $3,900.00 lnvesticative Travel (Paid by FBI/ILNI): Travel/Lodging/Per Diem $10,000.00 (Federal Reimbursement Rate) Total: $10,000.00 Purchase Evidence/Pay Informants (Paid by FBl/ILNI): PE/PI $50,000.00 Total: Total Budget: $50,000.00 $163,900.00 13 115 of 521 SAN DIEGO HUMAN TRAFFICKING TASK FORCE (SD HTTF) ADDENDUM TO MEMORANDUM OF UNDERSTANDING November 1, 2014 - October 31, 2019 116 of 521 ADDENDUM TO MEMORANDUM OF UNDERSTANDING The purpose of the Addendum to the Memorandum of Understanding (MOU) is to change the name of the task force from the San Diego Violent Human Trafficking Task Force (VHTCE TF) to the San Diego Human Trafficking Task Force (SO HTTF). Additionally, the MOU Addendum will document additional membership, reclassify existing membership, and provide the updated 2016 Budget (Attachment A). The inclusions and/or modifications in this Addendum have been underlined and are as follows: Participating Agencies: California Department of Corrections and Rehabilitation (CDCR) California Department of Justice, Attorney General's Office (DOJ/AGO) California Highway Patrol (CHP) Escondido Police Department (EPD) National City Police Department (NCPD) San Diego City Attorney's Office (SDCAO) San Diego County District Attorney's Office (SDCDAO) San Diego County Probation Department (SDCPD) San Diego Sheriffs Department (SDSD) San Diego Police Department (SDPD) United States Attorney's Office, Southern District of California (USAO) Associate Members: Chula Vista Police Department (CVPD) Coronado Police Department (CPD) Federal Bureau of Investigation (FBI) Immigration and Customs Enforcement/Enforcement and Remqval Operations (ICE/ERO) ICE/Homeland Security Investigations (ICE/HSI) Internal Revenue Service Criminal Investigation (IRS) La Mesa Police Department (LMPD) Oceanside Police Department (OPD) San Diego Unified School District Police Department (SDUSDPD) United States Customs and Border Protection, San Diego Sector Border Patrol (US CBP) United States Marshals Service (USMS) Vil. BUDGET The Program Manager will prepare a proposed budget by March 15th for the ensuing fiscal year for approval by the Task Force Coordination Committee. A monthly report of expenditures shall accompany the monthly statistics report submitted to the Task Force Coordination Committee as outlined in the SD HTTF Policy and Procedures Manual. (See Attachment A- AMENDED) X. RESOURCES The SD HTTF will be comprised of two (2) flexible teams, with a state/local supervisor/sergeant. Each of the below listed agencies has agreed, by virtue of the signature of the department head affixed to this MOU, to contribute the following personnel and/or resources to the SD HTTF for the term of this agreement. California Department of Corrections and Rehabilitation One (1) Parole Agent One (1) undercover vehicle with standard compliment of investigative and safety equipment California Department of Justice, Bureau of Investigation One (1) Special Agent in Charge — Program Manager One (1) Special Agent Supervisor/Task Force Commander One (1) Special Agent Two (2) undercover vehicles with standard complement of investigative and safety equipment California Highway Patrol, Border Division One (1) CHP Officer. One (1) undercover vehicle with standard compliment of investigative and safety equipment California Department of Justice, Attorney General's Office One (1) dedicated and comingled Deputy Attorney General One (1) dedicated Deputy Attorney General Escondido Police Department One (1) Detective One (1) undercover vehicle with standard complement of investigative and safety equipment National City Police Department Onfc (1) Detective One (1) undercover vehicle with standard complement of investigative and safety equipment San Diego City Attorney's Office One (1) dedicated Deputy City Attorney San Diego County District Attorney's Office Two (2) District Attorney Investigators Two (2) undercover vehicles with standard complement of investigative and safety equipment One (1) dedicated and comingled Deputy District Attorney One (1) dedicated Deputy District Attorney San Diego County Probation Department One (1) Probation Officer One (1) undercover vehicle with standard complement of investigative and safety equipment 3 118 of 521 San Diego Sheriff's Department One 11) Sergeant Four (4) Detectives Five (5) undercover vehicles with standard complement of investigative and safety equipment Access to one (1) Intelligence Analyst San Diego Police Department One (1) Sergeant Three (3) Detectives Four (4) undercover vehicles with standard complement of investigative and safety equipment United States Attorney's Office, Southern District Two (2) dedicated Assistant U.S. Attorneys 4 119of521 XIX. AUTHORIZATION The participating agencies, by their duly authorized officials, have executed the Addendum to this MOU on the respective dates indicated below. The Addendum to this MOU will become effective upon receipt by BI Headquarters of the original Addendum to this MOU with all its attachments. All future amendments must be forwarded to BI Headquarters and will become effective upon receipt. Signature Date Print Name Jan I. Goldsmith City Attorney San Diego City Attorney's Office Signature Date Print Name Bonnie Dumanis District Attorney San Diego County District Attorney's Office Signature Date Print Name Adolfo Gonzales Chief Probation Officer San Diego County Probation Department Signature Date Print Name William Gore Sheriff San Diego Sheriff's Department Signature Date Print Name Shelley Zimmerman Chief San Diego Police Department 5 120 of 521 Signature Date Print Name Laura Duffy United States Attorney United States Attomey's Office Southern District of California Signature Date Print Name Jim Abele Chief, Border Division California Highway Patrol Signature Date Print Name Craig Carter Chief Escondido Police Department Signature Date Print Name Guillermo Viera Rosa Director Division of Adult Parole CA Department of Corrections and Rehabilitation Signature Date Print Name Manuel Rodriguez Chief National City Police Department Signature Date Print Name Sara Marie Campbell Special Agent in Charge Bureau of Investigation San Diego Regional Office Signature Date Print Name John Marsh Bureau Chief Bureau of Investigation California Department of Justice Signature Date Print Name Larry J. Wallace Director California Department of Justice Division of Law Enforcement Signature Date Print Name David Harper Assistant Director California Department of Justice Division of Administrative Support 7 122 of 521 ATTACHMENT A **2016 Amended** SD I-iTTF, Bureau of Investigation Memorandum of Understanding Fiscal Year 2016 Budget Investigative Travel (Paid by HIDTA): Travel/Lodging/Per Diem $20,000.00 (Federal Reimbursement Rate) Total: $20,000.00 Purchase Evidence/Pay Informants: PE/PI PE/PI $15,000.00 (Paid by HIDTA) $5,000.00 (Paid by CA DOJ/Bl) Total: $20,000.00 Office Supplies (Paid by HIDTA) Office Supplies & Equipment $30,000.00 Total: $30,000.00 Total Budget: $70,000.00 123 of 521 Stan of Ca1ilCornia Dcparunent of Justice Memorandum FULLY EXECU F_EL : All Personnel Date: March 30, 2015 San. Diego Human Tracking Task Force Telephone: (858) 268-5309 E-mail Address: sara.canipbell(doj.ca.gov Sara Marie Campbell : + 0 1644M-L. Special Agent in Ch arge/Program Manager Bureau of Investigation Division of Law Enforcement- San Diego • Subject : Name Change Amendment to Violent Human Trafficking and Child Exploitation Task Force This memorandum will serve as an AMENDMENT to the Violent Human Trafficking and Child Exploitation Task Force. Effective March 27, 2015, this entity will be known .as the San Diego Human Trafficking Task Force (HT F). All future correspondence will reflect this change. Cc: San Diego Human Trafficking Task Force Manual SMC/smc 124 of 521 AUTHORIZATION The participating agencies, by their duly authorized officials, have executed this Policy and Procedure Manual on the respective dates indicated below. This Policy and Procedure Manual will become effective upon receipt by Bl Headquarters of the original Policy and Procedure Manual with all its attachments. All future amendmentsmust be forwarded to BI Headquarters and will become effective upon signatures of all parties. ignature Printed: Name Date Sara Marie Campbell Special Agent in Charge California Department of Justice Bu ` , , e vesti! 'on Signature ICE Enforcement d Removal Operations Printed Name ICE Homel : d Security Investigations ., ' ,,P a Printed Name Oceanside Police Department Signature Printed Name San Diego County District Attorney's Office rtignature Pted Name San Diego County Sheriffs Department ignaterre San Diego Police Department ()Av." Cli.r a se Printed Name Date ernAV_ Lho e^ Date Date 2Y-Ir Date fi>lf/Z-C Date 91Z 4/3- Date 125 of 521 Signature Califit.tliglway Patrol i/Aso,0 Printed Name • ...efev-Vett gi‘02.0 r Date ,'Si ture ---, Printed Name ' Da1/ Jo Marsh Chief California Department of.justiee Bureau of Investigation L Di allace C ifornia Department ofJustice Division of Law Enforcement v' 14— Signature Printed Name David Harper Assistant Director California Department of Justice Division of Administrative Support 5.120/24, Date Date Date 126 of 521 State of California Department of hatiee Memorandum To : SUMI THOMIISON, Chief Accounting Office Division of Arim:inistrative Support From : JOT- T 13 MARSH, Chief Bureau. of Investigation Division of Law. Enforcement Subject : Name Change Amendment — VHTCE Date: Telephone: Facsimile: May 14, 2015 (916) 319-9570 (916) 731-2132 Attached for your review and Assistant Director Harper's signature is an amendment to the San Diego Violent Human Trafficking and Child Exploitation. (VHTCE) Task Force. This amendment is to change the current name of the task force to the San Diego Human Trafficking Task Force. Once signed, please return the manual to the attention of Patricia Perez, Division of Law Enforcement, Bureau of Investigation. Should you have any questions regarding this agreernent, you may contact Patricia at (916) 319-8594. PP Attachment 127 of 521 RESOLUTION NO. 2017 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHIEF OF POLICE TO EXECUTE AN ADDENDUM TO ENTER INTO A MEMORANDUM OF UNDERSTANDING, EFFECTIVE THROUGH OCTOBER 31 2019, FOR PARTICIPATION IN THE SAN DIEGO HUMAN TRAFFICKING TASK FORCE, PREVIOUSLY NAMED THE SAN DIEGO VIOLENT HUMAN TRAFFICKING AND CHILD EXPLOITATION TASK FORCE, TO CONDUCT CRIMINAL INVESTIGATIONS TO DISRUPT AND DISMANTLE VIOLENT HUMAN TRAFFICKING AND CHILD EXPLOITATION ORGANIZATIONS WHEREAS, in 2014, a Memorandum of Understanding ("MOU"), effective through October 31, 2019, was executed by several law enforcement agencies within San Diego County to set forth the responsibilities of the participating agencies as they related to the San Diego Violent Human Trafficking and Child Exploitation Task Force ("VHTCETF''); and WHEREAS, the mission of the VHTCETF is to conduct criminal investigations to disrupt and dismantle violent human trafficking and child exploitation organizations through a comprehensive, collaborative, regional response; and WHEREAS, in April, 2015, an Addendum to the MOU was created to change the name of the task force from the San Diego Violent Human Trafficking and Child Exploitation Task Force ("VHTCETF") to the San Diego Human Trafficking Task Force ("SDHTTF"), and to document additional membership, to include the National City Police Department ("NCPD") among other agencies, and provide an updated 2016 budget; and WHEREAS, by entering into the MOU through the execution of the Addendum, NCPD agrees to provide one investigator to the SDHTTF; and WHEREAS, pursuant to the MOU, each participating agency is responsible for providing its respective personnel assigned to the SDHTTF with salaries, benefits, and overtime; and WHEREAS, overtime may be reimbursed to the City as SDHTTF is authorized to receive investigative overtime reimbursement funds on behalf of each participating task force agency from various federal law enforcement agencies. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Chief of Police to execute an Addendum to enter into the Memorandum of Understanding for participation in the San Diego Human Trafficking Task Force, previously named as the San Diego Violent Human Trafficking and Child Exploitation Task Force, in effect through October 31, 2019. [Signature Page to Follow] 128 of 521 Resolution No. 2017 — Page Two PASSED and ADOPTED this 7th day of February, 2017. ATTEST: Michael R. Daila, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Ron Morrison, Mayor 129 of 521 CC/CDC-HA Agenda 2/7/2017 — Page 130 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Chief of Police to enter into a Memorandum of Understanding (MOU) for participating in the Federal Bureau of Investigation San Diego Violent Task Force Gang Group Safe Street Tas 130 of 521 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: (February 7, 2017 AGENDA ITEM NO ITEM TITLE: I Resolution of the City Council of the City o; National City authorizing the Chief of Police to enter into a Memorandum of Understanding (MOU) for participating in the Federal Bureau of Investigation San Diego Violent Task Force — Gang Group Safe Street Task Force (SSTF). The SSTF which conducts criminal investigations to identify and target criminal enterprise groups responsible for drug traf iickina, money launderina and crimes of violence to include robbery and Homicide, PREPARED BY. ILt. Graham Young; PHONE: 036-4514 EXPLANATION: If the Resolution is approved by the City Council, it will be the return of a National City Police Investigator to the SSTF. An Investigator was previously assigned to SSTF from 2009 — 2014. The SSTF will identify and target for prosecution criminal enterprise groups responsible for crimes of violence and the apprehension of dangerous fugitives where there may be a federal interest. In addition, the SSTF will enhance the effectiveness of the federal/state/local law enforcement resources through well -coordinated information sharing/investigative/prosecutorial avenues. The National City Police Department will dedicate one Police Investigator to the task force. For the purposes of the MOU, each participating agency is responsible for providing its respective personnel assigned to the SSFT with salaries, benefits and overtime. Overtime will be reimbursed up to the amount of $17,548 per year set forth by the Notice of Limits for FY 2016 State and Local Overtime Reimbursements. In furtherance, the assigned Investigator will be provided the use of a FBI owned vehicle during the time that investigator is assigned to the SSFT. The duration of the MOU is ongoing, contingent to funding for the program. FINANCIAL STATEMENT: ACCOUNT NO. DEPARTMENT: Police APPROVED BY: APPROVED: Finance APPROVED: MIS This is an existing position where salary, benefits, and overtime are appropriated. Revenue will be posted in 001-11000-3469 Overtime Reimbursements. rNVIRONMENTAL REVIEW: NIA ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: jApprove Resolution BOARD f COMMISSION RECOMMENDATION: ATTACHMENTS: Federal Bureau of Investigations San Diego Violent Task Force — Gang Group Safe Streets Task Force Memorandum of Understanding. Notice of Limits for the FY 2016 State and Local Overtime Reimbursement. 131 of 521 FOR OFFICIAL USE ONLY 1 FEDERAL BUREAU OF INVESTIGATION SAN DIEGO VIOLENT CRIME TASK FORCE - GANG GROUP SAFE STREETS TASK FORCE MEMORANDUM OF UNDERSTANDING PARTIES 1. This Memorandum of Understanding (MOU) is entered into by and between the Federal Bureau of Investigation (FBI) and the NATIONAL CITY POLICE DEPARTMENT. Nothing in this MOU should be construed as limiting or impeding the basic spirit of cooperation which exists between these agencies. AUTHORITIES 2. Authority for the FBI to enter into this agreement can be found at Title 28, United States Code (U.S.C.), Section (§) 533; 42 U.S.C. § 3771; Title 28, Code of Federal Regulations (C.F.R.), § 0.85; and applicable United States Attorney General's Guidelines. PURPOSE 3. The purpose of this MOU is to delineate the responsibilities of SAN DIEGO VIOLENT CRIME TASK FORCE - GANG GROUP Safe Streets Task Force ('"`*SSTF personnel formalize relationships between participating agencies for policy guidance, planning, training, public and media relations; and maximize inter -agency cooperation. This MOU is not intended, and should not be construed, to create any right or benefit, substantive or procedural, enforceable at law or otherwise by any third party against the parties, the United States, or the officers, employees, agents, or other associated. personnel thereof. MISSION 4. The mission of the SSTF is to identify and target for prosecution criminal enterprise groups responsible for drug trafficking, money laundering, alien smuggling, crimes of violence such as murder and aggravated assault, robbery, and violent street gangs, as well as to intensely focus on the apprehension of dangerous fugitives where there is or may be a federal investigative interest. The SSTF will enhance the effectiveness of federal/state/local law enforcement resources through a well -coordinated initiative seeking the most effective investigative/prosecutive avenues by which to convict and incarcerate dangerous offenders. FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. 132 of 521 FOR OFFICIAL USE ONLY 2 SUPERVISION AND CONTROL A. Supervision 5. Overall management of the SSTF shall be the shared responsibility of the participating agency heads' and/or their designees. 6. The Special Agent in Charge (SAC) of the San Diego Division shall designate one Supervisory Special Agent (SSTF Supervisor) to supervise the SSTF. The SSTF Supervisor may designate a Special Agent to serve as the Safe Streets Task Force Coordinator (Task Force Coordinator). Either the SSTF Supervisor or the Task Force Coordinator shall oversee day-to-day operational and investigative matters pertaining to the SSTF. 7. Conduct undertaken outside the scope of an individual's SSTF duties and assignments under this MOU shall not fall within the oversight responsibility of the SSTF Supervisor or Task Force Coordinator. As stated in paragraph 74, below, neither the United States nor the FBI shall be responsible for such conduct. S. SSTF personnel will be subject to the laws, regulations, policies, and personnel rules applicable to their respective agencies. FBI employees will continue to adhere to the Bureau's ethical standards, including Department of Justice (DOJ)/FBI regulations relating to outside employment and prepublication review matters, and will remain subject to the Supplemental Standards of Ethical conduct for employees of the DOJ. 9. SSTF personnel will continue to report to their respective agency heads for non - investigative administrative matters not detailed in this MOU. 10. Continued assignment of personnel to the SSTF will be based on performance and at the discretion of appropriate management. The FBI SAC and SSTF Supervisor will also retain discretion to remove any individual from the SSTF. B. Case Assignments 11. The FBI SSTF Supervisor will be responsible for opening, monitoring, directing, and closing SSTF investigations in accordance with existing FBI policy and the applicable United States Attorney General's Guidelines. 12. Assignments of cases to personnel will be based on, but not limited to, experience, training and performance, in addition to the discretion of the SSTF Supervisor. 13. For FBI administrative purposes, SSTF cases will be entered into the relevant FBI computer system. FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. 133 of 521 FOR OFFICIAL USE ONLY 3 14. .SSTF personnel will have equal responsibility for each case assigned. SSTF personnel will be responsible for complete investigation from predication to resolution. C. Resource Control 15. The head of each participating agency shall determine the resources to be dedicated by that agency to the SSTF, including personnel, as well as the continued dedication of those resources. The participating agency head or designee shall be kept fully apprised of all investigative developments by his or her subordinates. OPERATIONS A. Investigative Exclusivity 16. It is agreed that matters designated to be handled by the SSTF will not knowingly be subject to non-SSTF law enforcement efforts by any of the participating agencies. It is incumbent on each agency to make proper internal notification regarding the SSTF's existence and areas of concern. 17. It is agreed that there is to be no unilateral action taken on the part of the FBI or any participating agency relating to SSTF investigations or areas of concern as described in paragraph 3. All law enforcement actions will be coordinated and cooperatively carried out. 18. SSTF investigative leads outside of the geographic areas of responsibility for FBI San Diego Division will be communicated to other FBI offices for appropriate investigation. B. Confidential Human Sources 19. The disclosure of FBI informants, or Confidential Human Sources (CHSs), to non-SSTF personnel will be limited to those situations where it is essential to the effective performance of the SSTF. These disclosures will be consistent with applicable FBI guidelines. 20. Non -FBI SSTF personnel may not make any further disclosure of the identity of an FBI CHS, including to other individuals assigned to the SSTF. No documents which identify, tend to identify, or may indirectly identify an FBI CHS may be released without prior FBI approval. 21. In those instances where a participating agency provides a CHS, the FBI may, at the discretion of the SAC, become solely responsible for the CHS's continued development, operation, and compliance with necessary administrative procedures regarding operation and payment as set forth by the FBI. FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. 134 of 521 FOR OFFICIAL USE ONLY 4 22. The United States Attorney General's Guidelines and FBI policy and procedure for operating FBI CHSs shall apply to all FBI CHSs opened and operated in furtherance of SSTF investigations. Documentation of, and any payments made to, FBI CHSs shall be in accordance with FBI policy and procedure. 23. Operation, documentation, and payment of any CHS opened and operated in furtherance of an SSTF investigation must be in accordance with the United States Attorney General's Guidelines, regardless of whether the handling agency is an FBI SSTF participating agency. Documentation of state, county, or local CHSs opened and operated in furtherance of SSTF investigations shall be maintained at an agreed upon location. C. Reports and Records 24. All investigative reporting will be prepared in compliance with existing FBI policy. Subject to pertinent legal and/or policy restrictions, copies of pertinent documents created by SSTF personnel will be made available for inclusion in the respective investigative agencies' files as appropriate. 25. SSTF reports prepared in cases assigned to SSTF personnel will be maintained at an FBI approved location; original documents will be maintained by the FBI. 26. Records and reports generated in SSTF cases which are opened and assigned by the FBI SSA with designated oversight for investigative and personnel matters will be maintained in the FBI investigative file for SSTF. 27. SSTF investigative records maintained at the San Diego Field Office of the FBI will be available to all SSTF personnel, as well as their supervisory and command staff subject to pertinent legal, administrative and/or policy restrictions. 28. All evidence and original tape recordings (audio and video) acquired by the FBI during the course of the SSTF investigations will be maintained by the FBI. The FBI's rules and policies governing the submission, retrieval and chain of custody will be adhered to by SSTF personnel. 29. All SSTF investigative records will be maintained at an approved FBI location. Placement of all or part of said information into participating agency files rests with the discretion of supervisory personnel of the concerned agencies, subject to SSA approval. 30. Classed information and/or documents containing information that identifies or tends to identify an FBI CHS shall not be placed in the files of participating agencies unless appropriate FBI policy has been satisfied. 31. The Parties acknowledge that this MOU may provide SSTF personnel with access to information about U.S. persons which is protected by the Privacy Act of 1974 and/or FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. 135 of 521 FOR OFFICIAL USE ONLY 5 Executive Order 12333. The Parties expressly agree that all such information will be handled lawfully pursuant to the provisions thereof. The Parties further agree that if this access to information by SSTF personnel requires a change in privacy compliance documents, those changes will be accomplished prior to access being granted. INFORMATION SHARING 32. No information possessed by the FBI, to include information derived from informal communications between SSTF personnel and FBI employees not assigned to the SSTF, may be disseminated by SSTF personnel to non-SSTF personnel without the approval of the SSTF Supervisor and in accordance with the applicable laws and internal regulations, procedures or agreements between the FBI and the participating agencies that would permit the participating agencies to receive that information directly. Likewise, SSTF personnel will not provide any participating agency information to the FBI that is not otherwise available to it unless authorized by appropriate participating agency officials. 33. Each Party that discloses PII is responsible for making reasonable efforts to ensure that the information disclosed is accurate, complete, timely, and relevant. 34. The FBI is providing access to information from its records with the understanding that in the event the recipient becomes aware of any inaccuracies in the data, the recipient will promptly notify the FBI so that corrective action can be taken. Similarly, if the FBI becomes aware that information it has received pursuant to this MOU is inaccurate, it will notify the contributing Party so that corrective action can be taken. 35. Each Party is responsible for ensuring that information it discloses was not knowingly obtained or maintained in violation of any law or policy applicable to the disclosing Party, and that information is only made available to the receiving Party as may be permitted by laws, regulations, policies, or procedures applicable to the disclosing Party. 36. Each Party will immediately report to the other Party each instance in which data received from the other Party is used, disclosed, or accessed in an unauthorized manner (including any data losses or breaches). 37. The Parties agree that either or both may audit the handling and maintenance of data in electronic and paper recordkeeping systems to ensure that appropriate security and privacy protections are in place. PROSECUTIONS 38. SSTF investigative procedures, whenever practicable, are to conform to the requirements which would allow for either federal or state prosecution. 39. A determination will be made on a case -by -case basis whether the prosecution of SSTF cases will be at the state or federal level. This determination will be based on the FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. 136 of 521 FOR OFFICIAL USE ONLY 6 evidence obtained and a consideration of which level of prosecution would be of the greatest benefit to the overall objectives of the SSTF. 40. In the event that a state or local matter is developed that is outside the jurisdiction of the FBI or it is decided to prosecute a SSTF case at the state or local level, the FBI agrees to provide all relevant information to state and local authorities in accordance with all applicable legal limitations. A. Investigative Methods/Evidence 41. For cases assigned to an FBI Special Agent or in which FBI CHSs are utilized, the parties . agree to conform to federal standards concerning evidence collection, processing, storage, and electronic surveillance. However, in situations where the investigation will be prosecuted in the State Court where statutory or common law of the state is more .. restrictive than the comparable federal law, the investigative methods employed by FBI case agents shall conform to the requirements of such statutory or common law pending a decision as to venue for prosecution. 42. In all cases assigned to state, county, or local Iaw enforcement participants, the parties agree to utilize federal standards pertaining to evidence handling and electronic surveillance activities as outlined in the Domestic Investigations and Operations Guide to the greatest extent possible. However, in situations where the statutory or common law of the state is more restrictive than the comparable federal law, the investigative methods employed by state and local Iaw enforcement agencies shall conform to the requirements of such statutory or common law pending a decision as to venue for prosecution. 43. The use of other investigative methods (search warrants, interceptions of oral communications, etc.) and reporting procedures in connection therewith will be consistent with the policies and procedures of the FBI. B. Undercover Operations 44. All SSTF undercover operations will be conducted and reviewed in accordance with FBI guidelines and the Attorney General's Guidelines on Federal Bureau of Investigation Undercover Operations. All participating agencies may be requested to enter into an additional agreement if an employee of the participating agency is assigned duties which require the officer to act in an undercover capacity. USE OF LESS-TEIAN-LETHAL-DEVICES' r Pursuant to Section VIII of the DOJ Less -Than -Lethal Devices Policy dated May 16, 2011, all state/local officers participating in joint task force operations must be made aware of and adhere to the policy and its limits on DOJ officers. FOR OFFICIAL USE ONLY This document is the property of the FBI and is 'loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. 137 of 521 FOR OFFICIAL USE ONLY 7 45. The parent agency of each individual assigned to the SSTF will ensure that while the individual is participating in FBI -led task force operations in the capacity of a task force officer, task force member, or task force participant, the individual will carry only less - lethal devices that the parent agency has issued to the individual, and that the individual has been trained in accordance with the agency's policies and procedures. 40. The parent agency of each individual assigned to the SSTF will ensure that the agency's policies and procedures for use of any less -lethal device that will be carried by the task force officer, task force member, or task force participant are consistent with the DOJ policy statement on the Use of Less -Than -Lethal Devices. DEADLY FORCE AND SHOOTING INCIDENT POLICIES 47. SSTF personnel will follow their own agencies' policies concerning firearms discharge and use of deadly force. DEPUTATIONS 48. Local and state law enforcement personnel designated to the SSTF, subject to a limited background inquiry, shall be sworn as federal task force officers either by acquiring Title 21 or Title 18 authority (via the United States Marshals), with the FBI securing the required deputation authorization. These deputations should remain in effect throughout the tenure of each investigators assignment to the SSTF or until the termination of the SSTF, whichever comes first. 49. Deputized SSTF personnel will be subject to the rules and regulations pertaining to such deputation. Administrative and personnel policies imposed by the participating agencies will not be voided by deputation of their respective personnel. VEHICLES 50. In furtherance of this MOU, employees of LEA may be permitted to drive FBI owned or leased vehicles for official SSTF business and only in accordance with applicable FBI rules and regulations, including those outlined in the FBI Government Vehicle Policy Directive (0430D) and the Government Vehicle Policy Implementation Guide (0430PG). The assignment of an FBI owned or leased vehicle to LEA SSTF personnel will require the execution of a separate Vehicle Use Agreement. 51. The participating agencies agree that FBI vehicles will not be used to transport passengers unrelated to SSTF business. 52. The FBI and the United States will not be responsibie for any tortious act or omission on the part of LEA and/or its employees or for any liability resulting from the use of an FBI owned or leased vehicle utilized by LEA SSTF personnel, except where liability may fall FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. 138 of 521 FOR OFFICIAL USE ONLY 8 under the provisions of the Federal Tort Claims Act (FTCA), as discussed in the Liability Section herein below. 53. The FBI and the United States shall not be responsible for any civil liability arising from the use of an FBI owned or leased vehicle by LEA task force personnel while engaged in any conduct other than their official duties and assignments under this MOU. 54. To the extent permitted by applicable law, LEA agrees to hold harmless the FBI and the United States, for any claim for property damage or personal injury arising from any use of an FBI owned or leased vehicle by LEA SSTF personnel which is outside the scope of their official duties and assignments under this MOU. SALARY/OVERTIME COMPENSATION 55. The FBI and LEA remain responsible for all personnel costs for their SSTF representatives, including salaries, overtime payments and fringe benefits consistent with their respective agency, except as described in paragraph 56 below. 56. Subject to funding availability and legislative authorization, the FBI will reimburse to LEA the cost of overtime worked by non-federal SSTF personnel assigned full-time to SSTF, provided overtime expenses were incurred as a result of SSTF-related duties, and subject to the provisions and limitations set forth in a separate Cost Reimbursement Agreement to be executed in conjunction with this MOU. A separate Cost Reimbursement Agreement must be executed between the FBI and LEA for full-time employee(s) assigned to SSTF, consistent with regulations and policy, prior to any reimbursement by the FBI. Otherwise, overtime shall be compensated in accordance with applicable LEA overtime provisions and shall be subject to the prior approval of appropriate personnel: PROPERTY AND EQUIPMENT 57. Property utilized by the SSTF in connection with authorized investigations and/or operations and in the custody and control and used at the direction of the SSTF, will be maintained in accordance with the policies and procedures of the agency supplying the equipment. Property damaged or destroyed which was utilized by SSTF in connection with authorized investigations and/or operations and is in the custody and control and used at the direction of SSTF, will be the financial responsibility of the agency supplying said property. FUNDING 58. This MOU is not an obligation or commitment of funds, nor a basis for transfer of funds, but rather is a basic statement of the understanding between the parties hereto of the tasks and methods for performing the tasks described herein. Unless otherwise agreed in writing, each party shall bear its own costs in relation to this MOU. Expenditures by FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. 139 of 521 FOR OFFICIAL USE ONLY 9 each party will be subject to its budgetary processes and to the availability of funds and resources pursuant to applicable laws, regulations, and policies. The parties expressly acknowledge that the above language in no way implies that Congress will appropriate funds for such expenditures. FORFEITURES 59. The FBI shall be responsible for processing assets seized for federal forfeiturein conjunction with SSTF operations. 60. Asset forfeitures will be conducted in accordance with federal law, and the rules and regulations set forth by the FBI and DOJ. Forfeitures attributable to SSTF investigations may be equitably shared with the agencies participating in the SSTF. DISPUTE RESOLUTION 61. In cases of overlapping jurisdiction, the participating agencies agree to work in concert to achieve the SSTF's objectives. 62. The participating agencies agree to attempt to resolve any disputes regarding jurisdiction, case assignments, workload, etc., at the field level first before referring the matter to supervisory personnel for resolution. MEDIA RELEASES 63. All media releases and statements will be mutually agreed upon and jointly handled according to FBI and participating agency guidelines. 64. Press releases will conform to DOJ Guidelines regarding press releases. No release will be issued without FBI final approval. SELECTION TO SSTF AND SECURITY CLEARANCES 65. If an LEA candidate for the SSTF will require a security clearance, he or she will be contacted by FBI security personnel to begin the background investigation process prior to the assigned start date. 66. If, for any reason, the FBI determines that an LEA candidate is not qualified or eligible to serve on the SSTF, the participating agency will be so advised and a request will be made for another candidate. 67. Upon being selected, each candidate will receive a comprehensive briefing on FBI field office security policies and procedures. During the briefing, each candidate will execute non -disclosure agreements (SF-312 and FD-868), as may be necessary or required by the FBI. FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. 140 of 521 FOR OFFICIAL USE ONLY 10 68. Before receiving unescorted access to FBI space identified as an open storage facility, SSTF personnel will be required to obtain and maintain a "Top Secret" security clearance. SSTF personnel will not be allowed unescorted access to FBI space unless they have received a Top Secret security clearance. 69. Upon departure from the SSTF, each individual whose assignment to the SSTF is completed will be given a security debriefing and reminded of the provisions contained in the non -disclosure agreement to which he or she previously agreed. LIABILITY 70. The participating agencies acknowledge that this MOU does not alter the applicable law governing civil liability, if any, arising from the conduct of personnel assigned to the SSTF. 71. The participating agency shall immediately notify the FBI of any civil, administrative, or criminal claim, complaint, discovery request, or other request for information of which the agency receives notice, concerning or arising from the conduct of personnel assigned to the SSTF or otherwise relating to the SSTF. The participating agency acknowledges that financial and civil liability, if any and in accordance with applicable law, for the acts and omissions of each employee detailed to the SSTF remains `vested with his or her employing agency. In the event that a civil claim or complaint is brought against a state or local officer assigned to the SSTF, the officer may request legal representation and/or defense by DOJ, under the circumstances and pursuant to the statutes and regulations identified below. 72. For the limited purpose of defending against a civil claim arising from alleged negligent or wrongful conduct under common law under the FTCA, 28 U.S.C. § 1346(b), and §§ 2671- 2680: An individual assigned to the SSTF who is named as a defendant in a civil action as a result of or in connection with the performance of his or her official duties and assignments pursuant to this MOU may request to be certified by the Attorney General or his designee as having acted within the scope of federal employment at the time of the incident giving rise to the suit. 28 U.S.C. § 2679(d)(2). Upon such certification, the individual will be considered an "employee" of the United States government for the limited purpose of defending the civil claim under the FTCA, and the claim will proceed against the United States as sole defendant. 28 U.S.C. § 2679(d)(2). Once an individual is certified as an employee of the United States for purposes of the FTCA, the United States is substituted for the employee as the sole defendant with respect to any tort claims. Decisions regarding certification of employment under the FTCA are made on a case -by -case basis, and the FBI cannot guarantee such certification to any SSTF personnel. 73. For the limited purpose of defending against a civil claim arising from an alleged violation of the U.S. Constitution pursuant to 42 U.S.C. § 1983 or Bivens v. Six Unknown Named FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. 141 of 521 FOR OFFICIAL USE ONLY 11 Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971): An individual assigned to the SSTF who is named as a defendant in a civil action as a result of orin connection with the performance of his or her official duties and assignments pursuant to this MOU may request individual -capacity representation by DOJ to defend against the claims. 28 C.F.R. §§ 50.15, 50.16. Any such request for individual -capacity representation must be made in the form of a letter from the individual defendant to the U.S. Attorney General. The letter should be provided to Chief Division Counsel (CDC) for the FBI San Diego Division, who will then coordinate the request with the FBI Office of the General Counsel. In the event of an adverse judgment against the individual, he or she may request indemnification from DOJ. 28 C.F.R. § 50.15(c)(4). Requests for DOJ representation and indemnification are determined by DOJ on a case -by -case basis. The FBI cannot guarantee the United States will provide legal representation or indemnification to any SSTF personnel. 74. Liability for any conduct by SSTF personnel undertaken outside of the scope of their assigned duties and responsibilities under this MOU shall not be the responsibility of the FBI or the United States and shall be the sole responsibility of the respective employee and/or agency involved. DURATION 75. The term of this MOU is for the duration of the SSTF's operations, contingent upon approval of necessary funding, but may be terminated at any time upon written mutual consent of the agency involved. 76. Any participating agency may withdraw from the SSTF at any time by written notification to the SSA with designated oversight for investigative and personnel matters or program manager of the SSTF at least 30 days prior to withdrawal. 77. Upon termination of this MOU, all equipment provided to the SSTF will be returned to the supplying agency/agencies. In addition, when an entity withdraws from the MOU, the entity will return equipment to the supplying agency/agencies. Similarly, remaining agencies will return to a withdrawing agency any unexpended equipment supplied by the withdrawing agency during any SSTF participation. MODIFICATIONS 78. This agreement may be modified at any time by written consent of all involved agencies. 79. Modifications to this MOU shall have no force and effect unless such modifications are reduced to writing and signed by an authorized representative of each participating agency. FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. 142 of 521 FOR OFFICIAL USE ONLY 12 SIGNATORIES Special Agent in Charge Date Federal Bureau of Investigation Manuel Rodriguez Chief of Police National City Police Department Date FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. 143 of 521 NOTICE OF LIMITS FOR FY 20] 6 STATE AND LOCAL OVERTIME REIMBURSEMENTS Subject to the availability of funding and legislative authorization, the FBI may reimburse state and local law enforcement agencies (LEA) for the cost of overtime incurred by officers assigned full -tune to FBI managed task forces provided the overtime expenses were incurred as a result of task force related activities. Consistent with regulation and policy, a separate Cost Reimbursement Agreement (CRA) must be executed between the FBI and the LEA and an underlying Memorandum of Understanding (MOU) must exist in support of the task force relationship. For Fiscal Year 2816, the maximum limits for reimbursements under these CRAs are S1,462.33 per month and S17,548 per year for each officer assigned full-time to the task force. These limits are effective for overtime world on or after October ], 2015. These reimbursements are limited to eligible officers' direct overture salary expenses and shall not include any costs associated with the LEA's indirect expenses or officers' benefits such as retirement, social security, and similar related expenses. FBI field offices and state and local law enforcement agencies may process overtime reimbursement requests under formally executed CRAs in accordance with the authority of this notice. This notice is issued unilaterally by the FBI's Head of Contracting Activity and does not require formal acceptance and signature by FBI field offices and state and local law enforcement agencies_ 77 6/ /6/1 R. Courtney Date aid of Contracting Activity Federal Bureau of investigation 144 of 521 RESOLUTION NO. 2017 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHIEF OF POLICE TO ENTER INTO A MEMORANDUM OF UNDERSTANDING FOR PARTICIPATION IN THE FEDERAL BUREAU OF INVESTIGATION SAN DIEGO VIOLENT TASK FORCE — GANG GROUP SAFE STREET TASK FORCE TO CONDUCT CRIMINAL INVESTIGATIONS TO IDENTIFY AND TARGET CRIMINAL ENTERPRISE GROUPS RESPONSIBLE FOR DRUG TRAFFICKING, MONEY LAUNDERING, AND CRIMES OF VIOLENCE TO INCLUDE ROBBERY AND HOMICIDE WHEREAS, the mission of the Federal Bureau of Investigation (FBI) San Diego Violent Task Force — Gang Group Safe Street Task Force (SSTF) is to identify and target for prosecution criminal enterprise groups responsible for drug trafficking, money laundering, alien smuggling, crimes of violence, such as murder and aggravated assault, robbery, and violent street gangs, as well as to intensely focus on the apprehension of dangerous fugitives where there is or may be a federal investigation interest; and WHEREAS, the SSTF will enhance the effectiveness of the federal/state/local law enforcement resources through well -coordinated initiative seeking the most effective investigative/prosecutive avenue by which to convict and incarcerate dangerous offenders; and WHEREAS, the National City Police Department desires to enter into a Memorandum of Understanding with the FBI to participate as a member of SSTF and will dedicate one police investigator to the task force; and WHEREAS, pursuant to the MOU, each participating agency is responsible for providing its respective personnel assigned to the SSFT with salaries, benefits, and overtime; and WHEREAS, overtime will be reimbursed up to the amount of $17,548 per year set forth by the Notice of Limits for FY 2016 State and Local Overtime Reimbursements; and WHEREAS, the assigned Investigator will be provided the use of an FBI owned vehicle during the time that investigator is assigned to the SSFT; and WHEREAS, the duration of the MOU is ongoing, contingent to funding for the program. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Chief of Police to execute a Memorandum of Understanding for participation in the Federal Bureau of investigation San Diego Violent Task Force — Gang Group Safe Street Task Force. [Signature Page to Follow] 145 of 521 Resolution No. 2017 — Page Two PASSED and ADOPTED this 71h day of February, 2017. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Ron Morrison, Mayor 146 of 521 CC/CDC-HA Agenda 2/7/2017 — Page 147 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Mayor to execute the First Amendment to the Agreement by and between the City of National City and NHA Advisors, LLC for municipal advisory services, decreasing the minimum requir 147 of 521 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 7, 2017 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute the First Amendment to the Agreement by and between the City of National City and NHA Advisors, LLC for municipal advisory services, decreasing the minimum required limits for commercial general liability insurance and professional liability ("errors and omissions") insurance to $1 million per occurrence and $2 million aggregate with the provision the City reserves the right to review and require higher professional liability insurance limits for certain engagements. PREPARED BY: Mark Roberts, Director of Finance DEPARTMENT: Finance PHONE: 619-336-4265 APPROVED BY: `1w/e EXPLANATION: The City of National City entered into an agreement with NHA Advisors LLC on January 17, 2017 for municipal advisory services for the City. The minimum commercial general liability insurance limits required to be maintained by NHA Advisors by the agreement are $2 million per occurrence and $4 million aggregate. The minimum professional liability ("errors and omissions") insurance limit required is $5 million per occurrence. After additional review of the agreement, staff has determined the required insurance limits stated are incorrect. Therefore, staff seeks to amend the agreement to decrease each of the minimum required limits to $1 million per occurrence and $2 million aggregate with the provision the City reserves the right to review and require higher professional liability insurance limits for engagements deemed by the City to pose greater than normal risk. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: MIS Expenses may be paid from various accounts. APPROVED: La tea,- Finance ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution, authorizing the Mayor to execute the First Amendment to the Agreement with NHA Advisors, LLC. BOARD / COMMISSION RECOMMENDATION: NA ATTACHMENTS: 1. NHA Advisors, LLC agreement amendment 2. Resolution 148 of 521 FIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND NHA ADVISORS, LLC, FOR MUNICIPAL ADVISORY SERVICES THIS FIRST AMENDMENT TO AGREEMENT is entered into this 7th day of February, 2017, by and between the City of National City, a municipal corporation (the "CITY") and NHA ADVISORS, LLC, a California limited liability company (the "CONSULTANT"). RECITALS A. The City Council, at their meeting of January 17, 2017, authorized the Mayor to execute an Agreement with NHA Advisors, LLC, to provide municipal advisory services through December 31, 2019, with two additional one-year options; and B. The parties have agreed to amend Subsections "A" and "C" of Section 17 of the Agreement pertaining to Professional Liability and Commercial General Liability insurance coverage, and to add Subsection "J" to Section 17 of the Agreement pertaining to the periodic adjustment of limits of insurance coverage. NOW, THEREFORE, THE PARTIES HERETO AGREE that the Agreement entered into on January 17, 2017, shall be amended as follows: 1. Section A of Section 17, Insurance, is amended to read as follows: A. ® If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence and $2,000,000 aggregate. 2. Subsection C of Section 17, Insurance, is amended to read as follows: C. Commercial General Liability Insurance, with minimum limits of $1,000,000 per occurrence and $2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". 3. Subsection J is added to Section 17, Insurance, to read as follows: J. The City Manager or their designee may periodically review the insurance coverage required to be carried by the CONSULTANT. If the City Manager or their designee determines that higher limits are necessary to protect the interests of the CITY or the Additional Insureds, the CONSULTANT shall be so notified and shall obtain the additional limits of insurance at its sole cost and expense. 149 of 521 THE PARTIES FURTHER AGREE that with the foregoing exceptions, each and every provision of the Agreement entered into on January 17, 2017, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first above written. CITY OF NATIONAL CITY NHA ADVISORS, LLC By: By: Ron Morrison, Mayor Craig Hill, Principal APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney First Amendment to 2017 Agreement 2 City of National City Advisory Services and NHA Advisors 150 of 521 RESOLUTION NO. 2017 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO AGREEMENT WITH NHA ADVISORS, LLC, FOR MUNICIPAL ADVISORY SERVICES FOR THE PERIOD JANUARY 17, 2017 THROUGH DECEMBER 31, 2019 WITH TWO ADDITIONAL ONE-YEAR OPTIONS WHEREAS, the City Council of the City of National City adopted Resolution No. 2017-9 at their meeting of January 17, 2017, authorizing the Mayor to execute an Agreement with NHA Advisors, LLC, to provide municipal advisory services through December 31, 2019, with two additional one-year options; and WHEREAS, the parties have agreed to amend Subsections "A" and "C" of Section 17 of the Agreement pertaining to Professional Liability and Commercial General Liability insurance coverage, and to add Subsection "J" to Section 17 of the Agreement pertaining to the periodic adjustment of limits of insurance coverage. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a First Amendment to Agreement with NHA Advisors, LLC, to amend Subsections "A" and "C" of Section 17 of the Agreement pertaining to Professional Liability and Commercial General Liability insurance coverage, and to add Subsection "J" to Section 17 of the Agreement pertaining to the periodic adjustment of limits of insurance coverage. PASSED and ADOPTED this 7th day of February, 2017. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Ron Morrison, Mayor 151 of 521 CC/CDC-HA Agenda 2/7/2017 — Page 152 The following page(s) contain the backup material for Agenda Item: Investment transactions for the month ended November 30, 2016. (Finance) 152 of 521 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 7, 2017 AGENDA ITEM NO. ITEM TITLE: Investment transactions for the month ended November 30, 2016. PREPARED BY: Ronald Gutlay DEPARTMENT: Fi 5n9e 9 PHONE; 619-336-4346 APPROVED BY: 4 EXPLANATION: In accordance with California Government Code Section 53646 and City of National City's investment 'policy section XIIA, a monthly report shall be submitted to the legislative body accounting for transactions made during the reporting period. The attached fisting reflects investment transactions of the City of National City's investment portfolio for the month ending November 30, 2016. FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: 1/ APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: mance MIS STAFF RECOMMENDATION: Accept and file the Investment Transaction Ledger for the month ended November 30, 2016. BOARD 1 COMMISSION RECOMMENDATION: NA ATTACHMENTS: Investment Transaction Ledger 153 of 521 j Clty of National Clty Consolidated I Account #10218 Transaction Ledger 10/31/16 Thru 11/30/16 Transaction Settlement Aci:Olsp Tyi a Dale CUSIP Quantity Security 0dscticaLon Price yIri Amount interest Per/Sold Total Arnounl Cain+Less ACQUISITIONS Purchase 11/01/2016 60934N807 3,128.13 Federated Prime Value Oblig Govt Oblig Fund Inst. Purchase 11/02/2016 60934N807 0.39 Federated Prime Value Oblig Govt Oblig Fund Inst. Purchase 11/03/2016 60934N807 845.00 Federated Prime Value Oblig Govt Oblig Fund Inst. Purchase 11/06/2016 60934N807 2,835.00 Federated Prime Value Oblig Govt Oblig Fund 'net, Purchase 11/11/2016 60934N807 2,317.50 Federated Prime Value Oblig Govt Oblig Fund Inst. Purchase 11/15/2016 80934N807 2,062.50 Federated Prime Value Obllg Govt Oblig Fund Inst. Purchase 11/20/2016 60934N807 3,700.00 Federated Prime Value Oblig Govt Oblig Fund Inst. Purchase 11/21/2016 60934N807 1,968.75 Federated Prime Value Oblig Govt Oblig Fund Inst. Purchase 11/27/2016 60934N807 3,575.00 Federated Prime Value Oblig Govt Oblig Fund Inst. Purchase 11/30/2016 60934N807 6,153,13 Federated Prime Value Oblig Govt Oblig Fund Inst. Purchase 11/30/2016 60934N807 535,000.00 Federated Prime Value Oblig Govt Oblig Fund Inst. Purchase 11/30/2016 912828M98 570,000.00 US Treasury Note 1.625% Due 11/30/2020 Subtotal 1,131,585.40 Short Sale 11/30/2016 60934N807 -568,331.99 Federated Prime Value Oblig Govt Oblig Fund Inst. Subtotal -568,331.99 1.000 0.03 % 3,128.13 1.000 0.03 % 0.39 1.000 0.03 % 845.00 1.000 0.03 % 2,835.00 1.000 0.03 % 2,317.50 1.000 0.03 % 2,062.50 1.000 0.03 % 3,700.00 1.000 0.03 % 1,968,75 1.000 0.03 % 3,575.00 1.000 0.03 % 6,153.13 1.000 0.03 % 535,000.00 99.707 1.70 % 568,331.99 1.000 1,129,917.39 -568,331.99 -568,331.99 0.00 3,128.13 0.00 0.39 0.00 0.00 845.00 0.00 0.00 2,835.00 0.00 0.00 2,317.50 0.00 0.00 2,062.50 0.00 0.00 2,700.00 0.00 0.00 1,968.75 0.00 0.00 3.575.00 0.00 0.00 6,153.13 0.00 0.00 535,000.00 0.00 0.00 568,331.99 0.00 0.00 0.00 1,129,917.39 0.00 0.00-568,331,99 0.00 0.00-568,331.99 0.00 TOTAL ACQUISITIONS 563,253.41 561,585.40 0.00 561,585.40 0.00 DISPOSITIONS Closing 11/30/2016 60934N807 -568,331.99 Federated Prime Value Oblig Govt Oblig Purchase Fund Inst. Subtotal-568,331.99 1.000 -568,331.99 -568,331.99 3.00-568,331.9g 0.00 0.00-568,331.99 0.00 Chandler Asset Management - CONFIDENTIAL 154 of 521 Execution Time: 12/22/2016 7:48:28 AM City of National City Consolidated Account #10218 Transaction Ledger 10/31/16 Thru 11/30/16 Transaction Soltlarnaht AcgiDisfr Type Date CIJSHP Quantity Security Description Price yield A ma unt tntcr;t Pur1Satd TotaE Amount Gaii fL45s DISPOSITIONS Sale Maturity Security Withdrawal Security Withdrawal Security Withdrawal 11/30/2016 60934N807 Subtotal 11/30/2016 912828RU6 Subtotal 11/30/2016 90LAIF$00 11/30/2016 90LAIF$00 11/30/2016 90SDCP$00 Subtotal 568,331.99 Federated Prime Value Oblig Govt Oblig Fund Inst. 568,331.99 535,000.00 US Treasury Note 0.875% Due 11/30/2016 535,000.00 535,000.00 0.00 535,000.00-1,151.21 1,400,000.00 Local Agency Investment Fund State Pool 1.000 1,400,000.00 0.00 1,400,000.00 0.00 1,500,000.00 Local Agency Investment Fund State Pool 1.000 1,500,000.00 0.00 1,500,000.00 0.00 1.000 0.03 % 568,331.99 506,331.99 0.00 568,331.99 0.00 0.00 568,331.99 0.00 100.000 535,000.00 0.00 535,000.00 -1,151.21 6,000.00 County of San Diego Pooled investment 1.000 6,000.00 0.00 6,000.00 0.00 Pool 2,906,000.00 2,906,000.00 0.00 2,906,000.00 0.00 TOTAL DISPOSITIQNS 3,441,000.00 3,441,000.00 0.00 3,441,000.00 -1,151.21 OTHER TRANSACTIONS Interest 11/01/2016 3137EADR7 Interest 11/03/2016 5949188F0 Interest 11/06/2016 037833AQ3 Interest 11/11/2016 3133EEJ50 Interest 11/15/2016 91159HHD5 Interest 11/20/2016 36962G6K5 Interest 11/20/2016 747525AG8 Interest 11/21/2016 3135G0WJ8 interest 11/27/2016 3135G0YT4 455,000.00 FHLMC Note 0.000 1.375% Due 5/1/2020 130,000.00 Microsoft Note 0.000 1.3% Due 11/3/2018 270,000.00 Apple Inc Note 0.000 2.1% Due 5/6/2019 450,000.00 FFCB Note 0.000 1.03% Due 5/11/2018 250,000.00 US Bancorp Callable Note Cont 4/15/2017 0.000 1.65% Due 5/15/2017 270,000.00 General Electric Capital Corp Note 0.000 1.6% Due 11/20/2017 220,000.00 Quelcomm Inc Note 0.000 1.4% Due 5/18/2018 450,000.00 FNMA Note 0.000 0.875% Due 5/21/2018 440,000.00 FNMA Note 0.000 1.625% Due 11/27/2018 3,128.13 0.00 3,128.13 0.00 845.00 0.00 845.00 0.00 2,835.00 0.00 2,835.00 0.00 2,317.50 0.00 2,317.50 0.00 2,062.50 0.00 2,062.50 0.00 2,160.00 0.00 2,160.00 0.00 '1,540.00 0.00 1,540.00 0.00 1,968.75 0.00 1,968.75 0.00 3,575.00 0.00 3,575.00 0.00 Chandler Asset Management - CONFIDENTIAL 155 of 521 Execution Time: 12/22/2016 7:48:26 AM City of National City Consolidated Account #10218 Transaction Ledger 10/31/16 Thru 11/30/16 Too5aciiori Seitlel11en AIcq+,1:45P Types Die CUSP Quantity Security Description Price Yield Amount tntorast P ur/So td Total Amount Gain." Las s OTHER TRANSACTIONS Interest Interest Interest 11/30/2016 912828RU6 11/50/2016 912828SY7 11/30/2016 912828UB4 Subtotal Dividend 11/02/2016 60934N807 Subtotal 535,000.00 US Treasury Note 0.875% Due 11/30/2016 500,000.00 US Treasury Note 0.625% Due 5/31/2017 450,000.00 US Treasury Note 1% Due 11/30/2019 4,420,000.00 0.000 0.000 0.000 2,340.63 1,562.50 2,250.00 26,585.01 25,421.49 Federated Prime Value Oblig Govt Oblig 0.000 0.39 Fund Inst. 25,421.49 0.39 0.00 2,340,63 0.00 1,562.50 0.00 0.00 2,250.00 0.00 TOTAL OTHER TRANSACTIONS 4,445,421.49 25,585.40 0.00 0.00 20,585.01 0.00 0.00 0.39 C.00 0.00 0.39 0.00 0.00 28,585.40 0.00 Chandler Asset Management - CONFIDENTIAL 156 of 521 Execution Time: 12/22/2018 7;48:26 AM CC/CDC-HA Agenda 2/7/2017 — Page 157 The following page(s) contain the backup material for Agenda Item: Warrant Register #22 for the period of 11/23/16 through 11/29/16 in the amount of $1,817,388.57. (Finance) 157 of 521 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 7, 2017 AGENDA ITEM NO. 1 ITEM TITLE: Warrant Register #22 for the period of 11/23/16 through 11/29/16 in the amount of $1,817,388.57. (Finance) PREPARED BY: K. Apalategu PHONE: §19-336-45721 EXPLANATION: 'Per Government Section Code 37208, attached are the warrants issued for the period of 11/23/16 through 11129/16. Consistent with Department of Finance, listed below are all payments above $50,000. DEPARTMENT: Fin nce APPROVED BY: Vendor ChecklWire Amount Explanation Dick Miller 326325 59,598.25 Plaza Blvd & 14'h St Project EsGiI Corporation 326328 68,929.59 Plan Checks / Building West Tech Contracting Inc 326371 66,788.89 Paradise Creek Restoration Project City of San Diego 467001 1,447,937.00 Sewerage System 2nd Qtr 10/01/16-12/31/16i FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Warrant total $1,817,388.57. ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: 11- 1 FINAL ADOPTION: T 1 STAFF RECOMMENDATION: [Ratify warrants totaling $1,817,388.57., BOARD I COMMISSION RECOMMENDATION: NiPti ATTACHMENTS: Warrant Register #22 Finance MIS 158 of 521 PAYEE LOPEZ, T NAGLE, D AIRGAS WEST ALDEMCO ALL FRESH PRODUCTS ALPHA PROJECT FOR THE HOMELESS AMERICAN RADIO INC ASPEN RISK MANAGEMENT GROUP BOOT WORLD CALIFORNIA ASSOCIATION OF CALIFORNIA COMMERCIAL SECURITY CLF WAREHOUSE CPP PRINTING DANIELS TIRE SERVICE DEPARTMENT OF INDUSTRIAL DEPARTMENT OF INDUSTRIAL DICK MILLER INC D-MAX ENGINEERING DOKKEN ENGINEERING ESGIL CORPORATION FEDEX FERGUSON ENTERPRISES INC FLEET SERVICES INC . GOVERNMENT FINANCE OFFICERS GOVERNMENT FINANCE OFFICERS GRAINGER HUNTER'S NURSERY INC KANE BALLMER & BERKMAN LASER SAVER INC LOPEZ, T MASON'S SAW METRO AUTO PARTS DISTRIBUTOR MTS NAPOLEONE PIZZA HOUSE NATIONAL CITY CAR WASH OLIVER PACKAGING O'REILLY AUTO PARTS ORIENTAL TRADING COMP LLC PACIFIC HIGHWAY RENTALS LLC PADRE JANITORIAL SUPPLIES PERRY FORD PRO BUILD PRUDENTIAL OVERALL SUPPLY ROADONE SAN DIEGO FRICTION PRODUCTS SAN DIEGO GAS & ELECTRIC SAN DIEGO SPORTS MEDICINE SAN DIEGO UNION TRIBUNE SEAPORT MEAT COMPANY WARRANT REGISTER #22 11/29/2016 DESCRIPTION CHK NO INTERPRETATION SERV. NEIGHBORHOOD COUNCIL 326309 SUBSISTENCE: 24 HR PERISHABLE SKILLS 1 PD 326310 MOP#45714 SUPPLIES 1 PW 326311 FOOD 1 NUTRITION CENTER 326312 FOOD / NUTRITION CENTER EXPENSE REIMB 1 HOMELESS PROJECT/ NOVEMB REPAIR RADIO / FIRE CONTRACTING SERVICES MOP# 64096 SAFETY BOOTS CACEO RENEW MEMBERSHIP JOE OLSON MOP#45754 SUPPLIES / PW MOP#80331 EQUIPMENT MATERIALS 1,000 SOCIAL MEDIA CARDS 1 PD MOP#76986 TIRES / PW PENALTY FEE - ELEVATOR INSPECTION 1 PW PENALTY FEE - ELEVATOR INSPECTION 1 PW PLAZA BLVD & 14TH ST. PROJECT STORM WATER SERVICES PROJECT PLAZA BLVD. PROJECT PLAN CHECKS / BUILDING OVERNIGHT MAIL SERVICE/PLANNING/HOUSING MOP#45723 SUPPLIES 1 PW MOP#67804 AUTO PARTS / PW 21ST ANNUAL GAAP UPDATE & PUBLICATIONS GAAFR REVIEW NEWSLETTER 1 FINANCE MOP#65179 ELECTRICAL MATERIALS / PW MOP#45719 HORTICULTURAL SUPPLIES / PW PALM PLAZA PROJECT MOP 45725. CARTRIDGES / BUILDING TRANSLATION SERVICES - "FOG" PROGRAM MOP#45729 PARKS SUPPLIES / PW MOP#75943 AUTO PARTS 1 PW TROLLEY FLAGGER SERVICE LITERACY SERVICES TUTOR DINNER 1 LIBRARY MOP#72454 CAR WASH SERVICES 1 PW PACKAGING SVCS 1 HOME DELIVERED MEALS MOP#75877 AUTO PARTS PUMPKIN PATCH DECOR WALL / CSD LAS PALMAS LIGHT TOWER PROJECT JANITORIAL SUPPLIES / PW MOP#45703 AUTO PARTS MOP#45707 SUPPLIES/PW MOP#45742 LAUNDRY / PW MOP#75948 AUTO SUPPLIES MOP#80333 SUPPLIES 1 PW GAS & ELECTRIC UTILITIES / NUTRITION PHYSICAL EXAMS 1 FIRE ADVERTISEMENT 1 DIVISION ST.CALMING PROJECT 326356 MEAT / NUTRiT 326357 159 of 521 1/2 DATE AMOUNT 11129/16 140.00 11/29/16 384.00 11/29/16 123.40 11/29/16 1,369.63 326313 11/29/16 1,252.09 326314 11/29/16 9,333.69 326315 11/29/16 280.00 326316 11/29/16 2,700.00 326317 11/29/16 375.00 326318 11/29/16 85.00 326319 11/29/16 499.23 326320 11/29/16 423.77 326321 11/29/16 164.65 326322 11/29/16 1,243.53 326323 11/29/16 675.00 326324 11/29/16 675.00 326325 11/29/16 59.598.25 326326 11/29/16 34,056.45 326327 11/29/16 6,045.70 326328 11/29116 68,929.59 326329 11/29/16 53.28 326330 11 /29/16 129.06 326331 11/29/16 72.73 326332 11/29/16 165.00 326333 11/29/16 50.00 326334 11/29/16 1,178.04 326335 11/29/16 140.07 326336 11/29/16 90.00 326337 11/29/16 245.09 326338 11/29/16 140.00 326339 11/29/16 129.31 326340 11/29/16 585.48 326341 11/29/16 77.63 326342 11/29/16 150.74 326343 11/29/16 805.00 326344 11/29/16 1,664.00 326345 11129/16 40.24 326346 11/29/16 1,235.97 326347 11/29/16 3,906.00 326348 11/29/16 39.23 326349 11/29/16 214.32 326350 11/29/16 3,070.08 326351 11/29/16 1,054.17 326352 11/29/16 320.00 326353 11/29/16 68.69 326354 11/29/16 2,489.15 326355 11/29/16 31,335.54 11/29/16 591.00 11 /29/16 1,155.64 PAYEE SHERWIN WILLIAMS SITEONE LANDSCAPE SUPPLY LLC SOUTHERN CALIF TRUCK STOP STAPLES BUSINESS ADVANTAGE SWRCB SYSCO SAN DIEGO INC T MAN TRAFFIC SUPPLY THE HOME DEPOT CREDIT SERVICES TOPECO PRODUCTS TREASURER COUNTY OF S D VCA EMERGENCY ANIMAL HOSPITAL WAXIE SANITARY SUPPLY WEST TECH CONTRACTING INC WESTFLEXINDUSTRIAL / PW WILLY'S ELECTRONIC SUPPLY WIRED PAYMENTS CITY OF SAN DIEGO WARRANT REGISTER #22 11/29/2016 DESCRIPTION MOP#45753 PAINT SUPPLIES MOP#45720 SUPPLIES / PW MOP#45758 AUTO SUPPLIES / PW MOP 45704. OFFICE SUPPLIES/ENGINEERING ELTOYON PARK IMPROV. PROJECT FOOD / NUTRITION CENTER MOP#76666 TRAFFIC SUPPLIES STEEL LOCK / PW MOP#63849 AUTO SUPPLIES HIRT MEMBERSHIP FEE 1 FIRE STRAY ANIMAL EMERGENCY VET CARE 1 PD JANITORIAL SUPPLIES / PW PARADISE CREEK RESTORATION PROJECT MOP#63850 SUPPLIES / PW ELECTRONIC SUPPLIES/PD 212 CHK NO DATE AMOUNT 326358 11 /29116 854.07 326359 11/29/16 1,709.60 326360 11/29/16 146.66 326362 11/29/16 5,980.30 326363 11/29/16 575.00 326364 11/29/16 1,892.33 326365 11/29/16 780.71 326366 11/29/16 190.78 326367 11/29/16 228.95 326368 11/29/16 43,684.00 326369 11/29/16 50.00 326370 11/29/16 6,263.92 326371 11/29/16 66,788.89 326372 11/29/16 462.51 326373 11/29/16 294.41 AIP Total 369,451.57 SEWERAGE SYSTEM 2ND QTR 10/01/16 - 12/31/16 467001 11/23/16 1,447,937.00 GRAND TOTAL $1,817,388.57 160 of 521 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE UOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISii D ABOVE AND TO THE AVAILABILITY OF FUNDS FOR TFIE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MARK OBERRT$, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALBERT MENDIVIL, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER JERRY CANC, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND TIIM CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 7" OF FEBRUARY, 2017. AYES NAYS ABSENT 161 of 521 CC/CDC-HA Agenda 2/7/2017 — Page 162 The following page(s) contain the backup material for Agenda Item: Warrant Register #23 for the period of 11/30/16 through 12/06/16 in the amount of $2,487,006.74. (Finance) 162 of 521 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 7, 2017 AGENDA ITEM NO. ITEM TITLE: Warrant Register #23 for the period of 11/30/16 through 12/06/16 in the amount of $2,487,006.74. (Finance) PREPARED BY: K. Apalategu4 PHONE: 619-336-4572' DEPARTMENT: Finan' APPROVED BY: v� EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 11/30/16 through 12/06/16. Consistent with Department of Finance, listed below are all payments above $50,000. Vendor Check/Wire Amount Fordyce Construction Inc 326429 Health Net Inc 326442 Kaiser Foundation Plan 326452 Portillo Concrete Inc 326487 Project Professionals Corp 326491 STC Traffic Inc 326513 Public Emp Ret System 11302016 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $2,487,006.74. 79,572.48 74,986.71 184,801.56 294,026.90 72,494.25 117,492.07 407,524.37 Explanation Las Palmas Pool / Gym / Fire Project Health Net Ins R1192A 1 Dec 2016 Ins Active / Dec 2016 Sewer Line Replacement Project Plaza Blvd. Widening Project NVR's & License Procurement Project Service Period 11/08/16 — 11 /21 /16 APPROVED: Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: I J FINAL ADOPTION: STAFF RECOMMENDATION: (Ratify warrants totaling $2,487,006.74. BOARD 1 COMMISSION RECOMMENDATION: :NIA ATTACHMENTS: Warrant Register #23 163 of 521 PAYEE ACTION TARGET INC PECK, B SCANNING SERVICE CORPORATION BETANCOURT,R CREATIVE IMAGES PHOTOGRAPHY ICWJ JUAREZ, R MILE OF CARS ASSOCIATION SHEPHARD, S SHEPHARD, S A REASON TO SURVIVE ACEDO, I ANDERSON, E ASPEN RISK MANAGEMENT GROUP ASS1 SECURITY INC AUSTIN DOORS BEARD, P BECK, L BISHOP, R BOEGLER, C BOYD JR, P BRIAN COX MECHANICAL INC BROADWAY AUTO GLASS CAPE CALIFORNIA COMMERCIAL SECURITY CALIFORNIA ELECTRIC SUPPLY CALIFORNIA LAW ENFORCEMENT CARRILLO, R CLF WAREHOUSE COLE, L COMMERCIAL AQUATIC SERVICE INC CONDON, D CORPUZ, T DANESHFAR, Z DANIELS TIRE SERVICE DATA TICKET INC DEL CARMEN, J DELTA DENTAL DELTA DENTAL DELTA DENTAL INSURANCE CO DELTA DENTAL INSURANCE CO DESROCHERS, P DI CERCHIG, A DILLARD, S DION INTERNATIONAL TRUCK INC D-MAX ENGINEERING DREDGE, J EISER III, G ENTERPRISE FLEET MANAGEMENT WARRANT REGISTER #23 12/6/2016 DESCRIPTION FINAL PAYMENT OF RANGE RETROFIT 24-HOUR CPT RIVERSIDE/PECK PD SCANNING AND CONVERSION SERVICES / FIRE ENTERTAINMENT 1 STATE OF THE CITY ADDRESS PHOTO COVERAGE / STATE OF THE CITY ADDRESS ICWJ VOICES FOR JUSTICE 1 MYR MORRISON PHOTO COVERAGE 1 STATE OF THE CITY ADDRESS FY 17 APPORTIONMENTS #4 & 5 ADV SUBS 1 SHERMAN BLOCK SLI TRAINING / S 4 ADV SUBS / SHERMAN BLOCK SLI TRAINING / S 5 PARADISE CREEK WATER CONS GARDEN PROJECT RETIREE HEALTH BENEFITS 1 DEC 201E RETIREE HEALTH BENEFITS / DEC 2016 ASPEN RISK MANAGEMENT SVCS / ENG REPAIRS AND MAINT ON ELECTRIC DOORS / PW SERVICE CALL TO RELEASE LOCKS / PW RETIREE HEALTH BENEFITS / DEC 2016 RETIREE HEALTH BENEFITS / DEC 2016 RETIREE HEALTH BENEFITS / DEC 2016 RETIREE HEALTH BENEFITS 1 DEC 2016 RETIREE HEALTH BENEFITS / DEC 2016 MAINTENANCE AND INSPECTIONS FOR CITY WINDSHIELD REPAIR AND TINT / PD FIRE LTD 1 DEC 2016 MOP#45754 SUPPLIES 1 PW MOP#45754 ELECTRICAL SUPPLIES / PW PD LTD / DEC 2016 RETIREE HEALTH BENEFITS / DEC 2016 COWL SILENCER 1 MUFFLER RETIREE HEALTH BENEFITS 1 DEC 201E IMPELLER KIT BRONZE POOL RETIREE HEALTH BENEFITS 1 DEC 201E RETIREE HEALTH BENEFITS 1 DEC 2016 RETIREE HEALTH BENEFITS / DEC 2010 TIRES FOR CITY FLEET FOR FY 2017 DATA TICKET APPEALS AND ON-LINE ACCESS 1 NSD PC REFUND 1 NC2160720017 DENTAL INS PREMIER / DEC 2016 COBRA PREMIER DENTAL INS/OCT 201E PMI DENTAL INS / DEC 2016 COBRA DENTAL INS PMI 1 OCT 2016 RETIREE HEALTH BENEFITS 1 DEC 2016 RETIREE HEALTH BENEFITS / DEC 2016 RETIREE HEALTH BENEFITS / DEC 2016 SENSOR KIT CAM SENSOR 1 PW NC PROP. 84 "A" AVE. PROJECT RETIREE HEALTH BENEFITS / DEC 201E RETIREE HEALTH BENEFITS / DEC 201E ENTERPRISE FL JD MAINTENANCE 164 of 521 115 CHK NO DATE AMOiiNT 326374 1215116 23,474.00 326375 12/5/16 451.17 326376 12/5/16 4,114.86 326377 12/5/16 200.00 326378 1216/16 150.00 325379 12/5/16 100.00 326380 12/6/16 200.00 326381 12/6116 43,037.33 326382 12/6/16 384.00 326383 12/6/16 • 384.00 326384 12/6/16 4,995.00 326385 12/6/16 160.00 326386 12/6/16 110.00 326387 12/6/16 2,700.00 326388 121611E 875.00 326389 12/6/16 325.00 326390 12/6/16 70.00 326391 12/6/16 140.00 326392 12/6/16 110.00 326393 12/6/16 260.00 326394 12/6/16 145.00 326395 1216/1 E 186.00 326396 12/6/16 185.32 326397 12/6/16 741.00 326398 1216116 499.23 326399 12/6/16 1,854.26 326400 12/6116 2,082.50 320401 12/6/16 290.00 326402 12/6/16 649.77 326403 12/6/16 165.00 326404 1216/16 8,665./9 326405 12/6/16 280.00 326406 12/6/16 140.00 326407 12/6/16 250.00 326408 12/5/16 1,456.75 326409 12/6/16 2,526.71 326410 12/6/16 50.00 326411 1216/16 15,755.77 326412 12/6/16 45.22 326413 12/6/16 2,882.88 326414 12/6/16 55.44 326415 12/6/16 110.00 326416 1216/16 70.00 326417 12/6/16 480.00 326418 12/6/ 16 394.93 326419 12/6/15 4,854.00 326420 121611E 250.00 326421 12/6/16 250.00 326422 121611E 14, 516.51 PAYEE EXPRESS PIPE AND SUPPLY CO INC FABINSKI, D FASTSIGNS FEDEX FIFIELD, K FLEET SERVICES INC FORDYCE CONSTRUCTION INC GELSKEY, K GIBBS JR, R GONZALES, M GONZALEZ, A GRAINGER HANSON, E HARLAN, M HARRIS & ASSOCIATES HAUG, S HEALTH NET HEALTH NET HEALTH NET HEALTH NET INC HERNANDEZ, R HODGES, B HONDO, E HONEYWELL INTERNATIONAL INC HUTCHINSON, C !BARRA, J JAMES, R JJJ ENTERPRISES JUNIEL, R KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KIMBLE, R KONE LACAL EQUIPMENT INC LANDA, A LEFORTS SMALL ENGINE REPAIR LIIMFUECO, M MASON'S SAW MATIENZO, M MC CAB E, T MEDIFIT COMMUNITY SERVICES LLC MEDINA, R MEGLA MANUFACTURING INC METRO AUTO PARTS DISTRIBUTOR METRO FIRE & SAFETY MINER, D WARRANT REGISTER #23 12/6/20166 DESCRIPTION CITY WIDE PLUMBING PARTS & MATER!ALS !PIN RETIREE HEALTH BENEFITS / DEC 2016 CITY SIGNAGE - CITY OFFICES CLOSED SHIPPING OF DOCUMENTS TO SWRC RETIREE HEALTH BENEFITS 1 DEC 2016 DRYER AIR FOR SWEEPER 1 PW LAS PALMAS POOL / GYM 1 FIRE PROJECT RETIREE HEALTH BENEFITS 1 DEC 2016 RETIREE HEALTH BENEFITS 1 DEC 2016 RETIREE HEALTH BENEFITS 1 DEC 2016 ADVANCED DISABILITY PENSION MOP#65179 SUPPLIES / PW RETIREE HEALTH BENEFITS 1 DEC 2016 RETIREE HEALTH BENEFITS 1 DEC 2016 N.C. GROUP 2 SEWER PROJECT RETIREE HEALTH BENEFITS 1 DEC 2016 FULL NETWORK 57135A 1 DEC 2016 HEALTH INS N5992A / DEC 2016 HEALTH NET INS N5992F 1 DEC 2016 HEALTH NET INS R1192A 1 DEC 2016 RETIREE HEALTH BENEFITS / DEC 2016 RETIREE HEALTH BENEFITS 1 DEC 2016 RETIREE HEALTH BENEFITS / DEC 2016 A/C UNIT MAINTENANCE MILEAGE REIMBURSEMENT FOR MEETINGS 1 ENG RETIREE HEALTH BENEFITS 1 DEC 2016 RETIREE HEALTH BENEFITS 1 DEC 2016 ELEVATOR INSPECTIONS 1 PW RETIREE HEALTH BENEFITS 1 DEC 2016 INS ACTIVE 1 DEC 2016 RETIREES INS (CALPERS) / DEC 2016 RETIREES INS 1 DEC 2016 HDHSAINS / DEC 2016 RETIREES INS COBRA / OCT 2016 RETIREE HEALTH BENEFITS / DEC 2016 ELEVATOR MAINTENANCE 1 PW TRANSITION TUBE WELDMENT 1 PW RETIREE HEALTH BENEFITS / DEC 2016 MOP#80702 SUPPLIES 1 PW RETIREE HEALTH BENEFITS / DEC 2016 MOP#45729 PARK SUPPLIES 1 PW RETIREE HEALTH BENEFITS 1 DEC 2016 RETIREE HEALTH BENEFITS I. DEC 2016 OPERATING COSTS FOR POOL / SEPT 2016 RETIREE HEALTH BENEFITS 1 DEC 2016 FABRICATION WELDING ASSEMBLY 1 PW MOP#75943 AUTO SUPPLIES / PW PYROCHEIUI PCL 300 SEMI ANNUAL SYSTEM / FIRE RETIREE HEALT :C 2016 165 of 521 2/5 CHK NO DATE AMOUNT 326423 12/6116 133.22 326424 12/6/16 220.00 326425 12/6/16 229.99 326426 12/6/16 67.55 326427 12/6116 540.00 326428 12/6116 801.38 326429 12/6/16 79,572.48 326430 12/6/16 115.00 326431 12/6116 120.00 326432 12/6/16 480.00 326433 12/6/16 2,954.40 326434 12/6/16 818.33 326435 12/6/16 135.00 326436 12/6/16 500.00 326437 12/6116 4,698.00 326438 12/6/16 120.00 326439 12/6/16 5,334.29 326440 12/6/16 2,146.62 326441 12/6/16 651,54 326442 12/6/16 74,986.71 326443 12/6/16 400.00 326444 12/6/16 200.00 326445 12/6/16 110.00 326446 12/6/16 5,398.86 326447 1216/16 60.90 326448 12/6/16 760.00 326449 12/6116 140.00 326450 1216116 1,935.00 326451 12/6/16 50.00 326452 12/6/16 184,801.56 326453 12/6116 20.990.35 326454 12/6/16 7,572.29 326455 12/6/16 6,066.94 326456 12/6/16 1,647.02 326457 12/6/16 300.00 326458 12/6/16 6,217.43 326459 12/6/16 393.88 326460 12/6116 155.00 326461 12/6/16 794.08 326462 12/6/16 160.00 326463 12/6/16 116.69 326464 12/6/16 100.00 326465 12/6/16 280.00 326466 12/6/16 37,426.83 326467 12/6116 105.00 326468 12/6/16 1,000.00 326469 12/6/16 1,042.94 326470 12/6/16 202.80 326471 1216116 580.00 PAYEE MYERS, B NAPA AUTO PARTS NATIONAL CITY CAR WASH NATIONAL CITY ELECTRIC NATIONAL CITY TROPHY NEXTECH SYSTEMS INC NOTEWARE, D O'REILLY AUTO PARTS ORKIN PACIFIC AUTO REPAIR PAUU JR, P PEASE JR, D PENSKE FORD PERRY FORD PETERS, S PORTILLO CONCRETE INC POST, R POWERSTRIDE BATTERY CO INC PRO BUILD PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY RANDALL LAMB ASSOCIATES INC RAY, S RELIANCE STANDARD RICH, D ROARK, L RUIZ, J SCST INC SDG&E SERVATIUS, J SHERWIN WILLIAMS SHORT, C SITEONE LANDSCAPE SUPPLY LLC SMITH, J SOTO ZUNIGA, J SOUTH BAY FENCE INC SOUTH BAY MOTORSPORTS SOUTHWEST SIGNAL SERVICE SPEEDPRESS STANLEY ACCESS INC STAPLES BUSINESS ADVANTAGE STC TRAFFIC INC STRASEN, W SUPERIOR READY MIX SWEETWATER AUTHORITY T MAN TRAFFIC SUPPLY THE HOME DEPOT CREDIT SERVICES THE KNOX COMPANY THE LINCOLN NATIONAL LIFE INS WARRANT REGISTER#23 12/6/2016 DESCRIPTION RETIREE HEALTH BENEFITS ! DEC 2016 MOP#45735 AUTO SUPPLIES 1 PW MOP#72454 AUTO SERVICES / PW CITY WIDE ONSITE ELECTRICAL MOP#66556 SUPPLIES / PW 24HR SOLAR ENGINE - BEACON RETIREE HEALTH BENEFITS / DEC 2016 MOP#75877 AUTO SUPPLIES PEST CONTROL SERVICES MOP#72448 AUTO SUPPLIES RETIREE HEALTH BENEFITS / DEC 2016 RETIREE HEALTH BENEFITS / DEC 2016 R&M CITY VEHICLES FOR FY 2017 MOP#45703 AUTO SUPPLIES RETIREE HEALTH BENEFITS 1 DEC 2016 SEWER LINE REPLACEMENT PROJECT RETIREE HEALTH BENEFITS 1 DEC 2016 MOP-467839 AUTO SUPPLIES 1 PW MOP#45707 SUPPLIES 1 PW PLAZABLVD. WIDENING PROJECT MOP#45742 LAUNDRY SERVICES / NSD N.C. CORRECTIVE ACTION PROJECT RETIREE HEALTH BENEFITS 1 DEC 2016 VOLUNTARY LIFE INS 1 DEC 2016 MUSIC PERFORMANCE 1 NHC BREAKFAST ! DEC 2016 RETIREE HEALTH BENEFITS 1 DEC 2016 RETIREE HEALTH BENEFITS ! DEC 2016 PLAZA BLVD, & N AVE. PROJECT FACILITIES DIVISION GAS & ELECTRIC UTILITIES RETIREE HEALTH BENEFITS 1 DEC 2016 MOP# 77816. PAINT SUPPLIES 1 NSD RETIREE HEALTH BENEFITS 1 DEC 2016 MOP#69277 PARK SUPPLIES RETIREE HEALTH BENEFITS 1 DEC 2016 PC REFUND 1 NA010001489 UNIVERSAL TRACK BRACKETS / PW R & M CITY VEHICLES AS NEEDED FOR FY LIGHTING COMPLETED AT VARIOUS LOCATIONS HIGH GLOSS VINYL BLUE 1 PW ACCESS TECH DOOR READER MOP 45704.OFFICE SUPPLIES/ENGINEERING NVR'S & LICENSE PROCUREMENT PROJECT RETIREE HEALTH BENEFITS 1 DEC 2016 CONCRETE DELIVERY SERVICES FOR STREET FACILITIES DIVISION WATER BILL FY 2017 MOP#76666 AUTO SUPPLIES 1 PW MOSQUITO BITS / PARKS DOUBLE KEY MOUNTING PLATE 1 PW LIFE & AD&D, ST 2016 166 of 521 3/5 CHK NO DATE AMOUNT 326472 12/5116 140.00 326473 1216/16 130.33 326474 12/6/16 365.00 326475 12/6116 190.00 326476 12/6116 40.88 326477 12/6/16 1,923.99 326478 12/6/16 120,00 326479 12/5/16 28.32 326480 12/6/16 1,816.50 326481 12/6/16 930.00 326482 12/6/16 340.00 326483 12/6/16 140.00 326484 12016 2,242.48 326485 12/6/16 553,65 326486 12/6/16 290.00 326487 1216116 294,02Fi 90 326488 12/6/16 280.00 326489 12/6/16 355.56 326490 12/6/16 577.57 326491 12/6/16 72,494.25 326492 12/6/16 894.39 326493 12/6/16 1,025.00 326494 12/6/16 190.00 326495 12/6/16 2,695.58 326496 12/6116 300.00 326497 12/6/16 135.00 326498 12/6/16 310.00 326499 12/6/16 1,961.00 326500 12/6/16 48,092.36 326501 12/6/16 340.00 326 (12 12/5/16 367.67 326503 1216/16 300.00 326504 12/6/16 58.60 326505 12/6/16 320.00 326506 12/6/16 35.00 326507 12/6/16 12.96 326508 12/6/16 328.22 326509 12/6/16 14, 535.09 326510 12/6/16 315.71 326511 1216116 182.00 326512 1216/16 398.75 326513 1216/16 117,492.07 326514 12/6/16 135.00 326515 12/6/16 444.53 326516 12/6/16 34,340.74 326517 12/6/16 823.56 326518 12/6/16 211.55 326519 12/6/16 371.69 326520 12/6/16 10, 072.72 PAYEE TIPTON, B TOPECO PRODUCTS UNDERGROUND SERVICE ALERT VALLEY INDUSTRIAL SPECIALTIES VERRY, L VIL.LAGOMEZ, J WHITE, J WILLY'S ELECTRONIC SUPPLY ZENGOTA, V DEPARTMENT OF TOXIC SUBSTANCES ACE UNIFORMS & ACCESSORIES INC ADMINSURE INC BAVENCOFF JR, D BEHAVIOR ANALYSIS BEST BEST & KRIEGER ATTNY LAW BLACK, N BOYS & GIRLS CLUB OF GREATER SD CEPA OPERATIONS INC CHILDREN'S HOSPITAL CHRISTENSEN & SPATH LLP CLAIMS MANAGEMENT ASSOCIATES CPOA CYNTHIA TITGEN CONSULTING INC DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DURAN, D ERGOMETRICS ESPIRITU, D GAUT, T GUTIERREZ JR, C IBARRA, G INTERVIEWS & INTERROGATIONS KANE BALLMER & BERKMAN KREPPS, B LONG, D LOZANO, M MABPA MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MEYERS NAVE NCPOA PADRE JANITORIAL SUPPLIES PALMA, A 4/5 WARRANT REGISTER #23 12/6/2016 DESCRIPTION CHK NO DATE AMOUNT RETIREE HEALTH BENEF1TS I DEC 2016 326521 12/6/16 250.00 MOP#63849 AUTO SUPPLIES / PW 326522 12/6116 503.90 UNDERGROUND SERVICE ALERT FY 2017 326523 12/6/16 169.50 MOP#46453 SUPPLIES / PW 326524 12/6/16 51.35 RETIREE HEALTH BENEFITS 1 DEC 2016 326525 12/6/16 280.00 RETIREE HEALTH BENEFITS 1 DEC 2016 326525 12/6/16 480.00 RETIREE HEALTH BENEFITS / DEC 2016 326527 12/6/16 230.00 MOP#45763 SUPPLIES 1 PW 326528 12/6/16 20.55 RETIREE HEALTH BENEFITS / DEC 2016 326529 12/6/16 300.00 ENVIRONMENTAL OVERSIGHT/WITOD/HOUSING 326530 12/6/16 923.36 FLAG PATCH WITH VELCRO / PD 326531 12/6/16 1,034.50 WC CLAIMS COSTS - DECEMBER 326532 12/6/16 6,948.33 POST MANAGEMENT TRAINING REIMB / PD 326533 12/6/16 108.41 TRAINING TUITION FOR INTERVIEW INTERROGATION 326534 12/6/16 481.00 LIABILITY CLAIM COSTS 326535 12/6/16 649.00 EDUCATION REIMBURSEMENT 326536 12/6/16 875.00 DON CORYELL CHARITY GOLF CLASSICS / MENDIVIL 326537 12/6116 300.00 FUME HOOD INVOICE 25677 326538 12/6/16 195.00 CHILD ABUSE EXAMS / PD 326539 12/6/16 1,998.00 ATTORNEY SERVICES AFFORDABLE HOUSING 326540 12/6/16 506.25 RISK PROFESSIONAL SERVICES / OCTOBER 326541 12/6/16 5,040.00 MEMBERSHIP DUES/ ESPIRITU PD 326542 12/6/16 125.00 PROFESSIONAL SERVICES / DECEMBER 326543 12/6/16 3,517.50 LIABILITY CLAIM COSTS 326544 1216/16 11,281.71 LIABILITY CLAIM COSTS 326545 1216/16 9,789.60 LIABILITY CLAIM COSTS 326546 12/6/16 7,587.00 LIABILITY CLAIM COSTS 326547 12/6/16 7,302.56 LIABILITY CLAIM COSTS 326548 12/6/ i6 1.880.50 LIABILITY CLAIM COSTS 326549 12/6/16 1,678.90 LIABILITY CLAIM COSTS 326550 12/6/16 882.00 BASIC TRAFFIC COLL REIMBIDURAN PD 326551 12/6/16 129.20 POLICE CORPORAL & SERGEANTASSESSMENTCNTR 326552 12/6/16 11,625.03 ADV SUB COMMAND COLLEGE / ESPIRITU PD 326553 12/6/16 780.00 LICENSE REIMBURSEMENT 326554 12/6/16 115.00 TRAINING BCKGRD INV REIMB/GUTIERREZ PD 326555 , 12/6/16 132.84 OTTERBOX CASES DEFENDER / HOUSING 326556 12/6/16 54.49 TRAINING TUITION INTER & INTERR / PD 326557 12/6/16 230.00 LEGAL / OVERSIGHT BOARD / S A 326558 12/6/16 1,732.50 EDUCATION REIMBURSEMENT 326559 12./6/16 180.00 TRAINING REIMB INTR AND INTERROG - PD 326560 12/6/16 470.14 TRAINING INTERVIEW & INTERR ADV LODG/SUB / PD 326561 12/6/16 470.65 MABPA MONTHLY LUNCH MEETING - NOVEMBER 326562 12/6/16 25.00 LIABILITY CLAIM COSTS 326563 12/6/16 350.00 LIABILITY CLAIM COSTS 326564 12/6/16 192.50 LIABILITY CLAIM COSTS 326565 12/6/16 37.00 PROFESSIONAL SERVICES / HR 326566 12/6/16 1,155.00 NCPOA CHRISTMAS EVENT / CM RIOS 326567 12/6/16 50.00 JANITORIAL SUPPLIES / NUTRITION 326568 12/6/16 235.27 NOTARY SEAL / 326569 12/6/16 43.19 167 of 521 PAYEE POLICE EXECUTIVE RESEARCH PRO -EDGE KNIFE SAN DIEGO MIRAMAR COLLEGE SAN DIEGO REGIONAL PUBLIC SAN DIEGO UNION TRIBUNE SDG&E SEAPORT MEAT COMPANY SHEPHARD, S SMART SOURCE OF CALIFORNIA LLC SMART SOURCE OF CALIFORNIA LLC SOUTHERN CA RADAR LASER SPARKLETTS STAPLES BUSINESS ADVANTAGE SULLIVAN, S SUN, A SYSCO SAN DIEGO INC THE LAW OFFICES OF EDWARD Z KOTKIN TIERRA WEST ADVISORS INC U S HEALTHWORKS VISTA PAINT WILBER FOR USAA ASO ZAPPIELLO, L WIRED PAYMENTS PUBLIC EMP RETIREMENT SYSTEM SECTION 8 HAPS PAYROLL Pay period Stark Date 25 11 /2212016 WARRANT REGISTER #23 12/6/2016 DESCRIPTION MEMBERSHIP DUESJRODRIGUEZ PD KNIFE SHARPENING SERVICES / NUTRITION TUITION REGIONAL ACADEMY / PALUMBO 1 PD PETTY CASH/POLICE ACADEMY FOR MCCLURE PUBLIC NOTICE/HOUSING UTILITIES/FORMER SUCCESSOR AGENCY MEAT / NUTRITION CENTER SHERMAN BLK TRAINING REIMB/SHEPHARD PD MOP63845 BUSINESS CARDIENGINEF.RING MOP#638451OFFICE SUPPLIES/CITY MANAGER LIDAR REPAIR TEST CERTIFICATION J PD SPARKLETTS - WATER SERVICES 1 OCTOBER MOP 45704JOFFICE SUPPLIES/RISK CATO CONF. REIMB I PD MILEAGE REIMBURSEMENT FOR MEETINGS 1 ENG FOOD 1 NUTRITION CENTER LEGAL SERVICES FOR OVERSIGHT BOARD/SA PROF SERVICE AGIVITIPLANNING PRE -EMPLOYMENT PHYSICAL MOP# 68834. PAINT SUPPLIES / NSD LIABILITY CLAIM COSTS MILEAGE REIMBURSEMENT FOR MEETINGS / ENG SERVICE PERIOD 11/08/16 - 11/21/16 Start Date Enid Date 11130/2016 12/6/2016 End Date Check Date 1215/2016 12/2112016 GRAND TOTAL 5f5 CHK NO DATE AMOUNT 326570 12/6/15 200.00 326571 1216116 46.00 326572 12/6116 690.00 326573 12/6/16 8.00 326574 1216/16 2,900.79 326575 12161166 229.55 326576 1216116 300.52 326577 12/6/16 87.97 326578 1216116 111,18 326579 12/6/16 74.12 326580 12/6116 875.00 326581 12/6/16 39.26 326582 12/6/16 1,127.77 326583 12/6116 227.10 326584 12/6116 56.52 326585 12/6116 3,431.14 326586 1216116 320.00 326587 12/6/16 7,406.25 326588 12/6/16 175.00 326589 12/6/16 248.53 326590 12/6/16 4,463.40 325591 12/6116 55.13 AMP Total 288,134.55 11302016 11/30/16 407,524.37 813,550.25 979,797.57 $ 2,487,006.74 168 of 521 Certification IN ACCORDANCE WITH SECTION 37202, 372u8, 372u59 of i`-Ib UUVERNMENT 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 I.A.W. MARK ROBERTS, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALBERT MENDIVIL, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER JERRY CANO, NENBERR I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 7th OF FEBRUARY, 2017 AYES NAYS ABSENT 169 of 521 CC/CDC-HA Agenda 2/7/2017 — Page 170 The following page(s) contain the backup material for Agenda Item: Warrant Register #24 for the period of 12/07/16 through 12/13/16 in the amount of $910,870.05. (Finance) 170 of 521 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 7, 2017 AGENDA ITEM NO. ITEM TITLE: Warrant Register #24 for the period of 12/07/16 through 12/13/16 in the amount of $910,870.05. (Finance) PREPARED BY: K. Apalategui PHONE: 619-336-4572 DEPARTMENT: Finance APPROVED BY: SAG Sri Ziepi- EXPLANATION : Per Government Section Code 37208, attached are the warrants issued for the period of 12/07/16 through 12/13/16. Consistent with Department of Finance, listed below are all payments above $50,000. Vendor Check/Wire CS Legacy Construction 326614 Dick Miller Inc 326617 Esgil Corporation 326621 Western Rim Constructors 326682 Adminsure Inc 345096 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $910,870.05. Amount 94,191.17 136,638.58 117,330.43 91,316.34 171,279.44 Explanation Paradise Creek Education Park Plaza Blvd. Widening "N" Ave. Project Plan Checks / Building El Toyon & Kimball Project WIC Acct Replenishment Aug -Nov 2016 APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project end, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: I FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Ratify warrants totaling $910,870.05 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #24 1 /1 OTb 1 PAYEE SAN DIEGO REGIONAL TRAINING CENTER SAN DIEGO REGIONAL TRAINING CENTER SAN DIEGO REGIONAL TRAINING CENTER DEPARTMENT OF TOXIC SUBSTANCES AETNA RESOURCES FOR LIVING ALDEMCO ALL FRESH PRODUCTS AMEDEE, W ARTIFICIAL ICE EVENTS LLC ASSI SECURITY INC AT&T AT&T MOBILITY AT&T MOBILITY BANNER BANK BOB MURRAY & ASSOCIATES BRIAN COX MECHANICAL INC CAMEON, C CIRCULATE SAN DIEGO CLAIMS MANAGEMENT ASSOCIATES COUNTY OF SAN DIEGO COX COMMUNICATIONS CPP PRINTING CS LEGACY CONSTRUCTION INC CULLIGAN DAY WIRELESS SYSTEMS {20) DICK MILLER INC D-MAX ENGINEERING ENCORE DATA PRODUCTS INC ESCALANTE, L ESGIL CORPORATION FASTSIGNS FEDEX GRAINGER GRANICUS INC GUZMAN, K HARRIS & ASSOCIATES INNOVATIVE CONSTRUCTION IRON MOUNTAIN JOHNSON, S LASER SAVER INC LUCAS, M METRO FIRE & SAFETY MUNICIPAL CODE CORPORATION NATIONAL CITY CHAMBER NCPOA PACIFIC AUTO REPAIR PACIFIC TELEMANAGEMENT SERVICE PCS MOBILE PENSKE FORD WARRANT REGISTER #24 12/13/2016 DESCRIPTION CONFRONTING NEGATIVITY COURSE / FINANCE CONFRONTING NEGATIVITY COURSE 1 NSD CONFRONTING NEGATIVITY COURSE 1 NSD CONTRACT SERVICES/SUCCESSOR AGENCY EMPLOYEE ASSISTANCE PROGRAM FOR DECEMBER FOOD 1 NUTRITION C ENTER FOOD 1 NUTRITION CENTER REIMB: PURCHASE OF BATTERIES FOR STATION 34 40X60 RINK / CSD CARD READER INSTALLATION AT PW ATT PHONE SERVICES 1 NOVEMBER 2016 ATT PHONE SERVICES / OCTOBER 2016 ATT PHONE SERVICES 1 NOVEMBER 2016 PLAZA BLVD. WIDENING "N" AVE. PROJECT PROFESSIONAL SERVICES / HR HUMIDITY CANISTER MAINTENANCE EDUCATIONAL REIMBURSEMENT ACTIVE TRANSPORTATION P. PROJECT PROFESSIONAL SERVICES RCS COMMUNICATIONS SYSTEM COX NOVEMBER 2016 TOGETHER WE CAN PRINTING PARADISE CREEK EDUCATION PARK WATERSOFTNER FOR DISHWASHER AND STEAMER COMMS EQUIPMENT SERVICE, FIRE PLAZA BLVD. WIDENING "N" AVE. PROJECT CALF IRE URBAN F. PROJECT DISPOSABLE EARBUDS TRANSLATION SERVICES PLAN CHECKS / BUILDING "CITY OFFICES CLOSED" ENGLISH & SPANISH SIGNS SHIPPING SERVICES MOP 65179. BATTERIES 1 FIRE GRANICUS DECEMBER 2016 REFUND - RETIREMENT CAKE / ENG GROUPI SEWER DESIGN PROJECT PARADISE CREEK REST. PROJECT RECORDS & DOCUMENT STORAGE RE1IUIB I SUPPLIES FOR TINY -TOTS LASER SAVER MOP INVOICE MILEAGE TRAVEL REIMB 1 FIRE SERVICE FIRE EXTINGUISHERS SUPPLEMENT 447,UPDATE //1 CHAMBER BREAKFAST-BRICMO NCPOA ANNUAL CHRISTMAS DINNER 1 M. MORRISON SMOG CERTIFICATION / REPAIRS FOR CITY VEHICLE: PTS PHONE DECEMBER 2016 MDC BATTERY PACKS FOR CF 31 R&M CITY VEH 117 112 CFHK NO DATE AMOUNT 326592 12/12/16 160.00 326593 12/12/16 160.00 326594 12/12/16 160.00 326595 12/13/16 2,520.31 326596 12/13/16 819.82 326597 12/13/16 3,434.42 326598 12/13/16 924.22 326599 12/13/16 18.51 326600 12/13/16 5,000.00 326601 12/13/16 11,544.00 326602 12/13/16 38.26 326603 12/13/16 400.66 326604 12/13/16 148.94 326605 12/13/16 7,191.50 326606 12/13116 3,727.20 326607 12/13/16 186.00 326608 12/13/16 880.00 326609 12/13/16 5,464.72 326610 12/13/16 5,760.00 326611 12/13/16 7,810.00 326612 12/13/16 340.76 326613 12/13/16 1,117.33 326614 12/13/16 94,191.17 326615 12/13/16 15.00 326616 12/13/16 1,299.50 326617 12J13/16 136,638.58 326618 12/13/16 7,163.75 326619 12/13/16 64.87 326620 12/13/16 110.00 326621 12/13/16 117,330.43 326622 12/13/16 494.73 326623 12/13/16 111.43 326624 12/13/16 319.80 326625 12/13/16 1,477.35 326626 12/13/16 68.99 326627 12/13/16 8,690.00 326628 12/13/16 28,179.00 326629 12/13/16 167,21 326630 12/13/16 190.45 326631 12/13/16 308.31 326632 12/13/16 361.49 326633 12/13/16 449.23 326634 12/13/16 152.00 326635 12/13/16 15.00 326636 12/13/16 50.00 326637 12/13/16 473.78 326638 12/13/16 78.00 326639 12/13/16 1,191.95 326640 12/13/16 545.38 172 of 521 PAYEE PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY RAPHAEL'S PARTY RENTALS REEDER, M RELY ENVIRONMENTAL ROJAS JIMENEZ, F ROYAL ENTERTAINERS SAN DIEGO BEACH RIDES SAN DIEGO COUNTY RECORDER SAN DIEGO HOUSING FEDERATION SAN DIEGO SPORTS MEDICINE SAN DIEGO UNION TRIBUNE SCANNING SERVICE CORPORATION SDG&E SEAPORT MEAT COMPANY SHINN, D SIGNCAD SYSTEMS INC SLAUGHTER, G SMART & FINAL SMART SOURCE OF CALIFORNIA LLC SMART SOURCE OF CALIFORNIA LLC STAPLES BUSINESS ADVANTAGE STARTECH COMPUTERS STATE OF CALIFORNIA STC TRAFFIC INC SUPERIOR READY MIX SWEETWATER AUTHORITY SWEETWATER UNION HS DISTRICT SWRCB SYSCO SAN DIEGO INC THE HOME DEPOT CREDIT SERVICES U S BANK U S BANK U S HEALTHWORKS UNITED PARCEL SERVICE UNITED ROTARY BRUSH CORP VERGARA, A VERIZON WIRELESS VISTA PAINT WEST COAST ARBORISTS INC WESTERN RIM CONSTRUCTORS INC WILLY'S ELECTRONJC SUPPLY ZAP MANUFACTURING INC WIRED PAYMENTS ADMINSURE INC r 9-3 WARRANT REGISTER #24 12/13/2016 DESCRIPTION SITE DEVELOPMENT PRESENTATION MOP 45742. SHOP TOWELS 1 FIRE RENTAL OF POP UP, 10X10 WHITE KIT J CSD TRAVEL REIMBURSE/APA CONFIPLNG PUBLIC WORKS YARD PROJECT AUDIO: MC, DJ FOR A KIMBALL CHRISTMAS / CSD ICE QUEEN FOR A KIMBALL CHRISTMAS 1 CSD BOB SLEIGH PROP RENTAL / A KIMBALL CHRISTMAS COUNTY ASSESSOR RECORDS I NSD SD HOUSING FED MEMBERSHIP PHYSICAL EXAMS / FIRE ADVERTISEMENT 1 18TH ST. BICYCLE ENH. PROJECT ENG. FILES CONVERTED TO QUESTYS STREETS DIVISION GAS & ELECTRIC UTILITIES MEAT 1 NUTRITION CENTER REIMB 1 SUPPLIES FOR TINY -TOTS SIGNCAD SOFTWARE 1 MIS LIABILITY CLAIM COSTS MOP 45756. DETERGENT 1 FIRE INSPECTION FORMS MOP 63845. BUSINESS CARDS 1 BLDG MOP 45707. OFFICE SUPPLIES 1 FINANCE MOP 56874. COMPUTER SUPPLIES / MIS WORKERS' COMPENSATION CLAIM COSTS CITY WIDE DATA COLLECTION PROJECT TACK OIL, 3/8 SHEET AND COW MIX 1 PW FACILITIES DIVISION WATER UTILITIES SPECIAL TAXES/SUCCESSOR AGENCY ANNUAL PERMIT FEE / ENG FOOD 1 NUTRITION CENTER M18 IMPACT/DRiLLIHACKZALL 1 PW CREDIT CARD EXPENSES 1 FIRE CREDIT CARD EXPENSES / PD PRE -EMPLOYMENT PHYSICAL PD UPS SERVICE FEES STREET SWEEPER REPAIRS J PW CPPA WORKSHOP REIMB 1 NSD VERIZON PHONE SVCS 1 NOVEMBER 2016 MOP# 68834. PAINT SUPPLIES / NSD ARBORIST SERVICES / PW EL TOYDN & KIMBALL PROJECT ELECTRONICS SUPPLIES / MIS 1 172C 30"XSOYDS RED EC FILM 1 PW W1C ACCT REPLENISHMENT AUG-NOV 2016 2/2 CHK NO DATE AMOUNT 326641 12/13/16 997.50 326642 12/13/16 200.00 326643 12/13/16 463.00 326644 12/13/16 556.62 326645 12/13/16 878.00 326646 12/13/16 350.00 326647 12/13/16 200.00 326648 12/13/16 300.00 326649 12/13/16 12.00 326650 12/13/16 550.00 326651 12/13/16 13 ,292.10 326652 12/13/16 584.60 326653 12/13/16 5,063.60 326654 12/13/16 35,845.26 326655 12/13/16 1,233.61 326656 12/13/16 221.40 326657 12/13/16 950.00 32665B 12/13/16 166.57 326659 12/13/16 381.59 326660 12/13/16 522.33 326661 12/13/16 74.12 326662 12/13/16 967.86 326663 12/13/16 578.49 326664 12/13/16 36,560.32 326665 12/13/16 2,900.00 326666 12/13/16 2,680,98 326668 12/13/16 10, 548. 78 326669 12/13116 55.30 326670 12/13/16 33,642.00 326671 12/13/16 2,467.98 326672 12/13/16 322.92 326673 12/13/16 1,650.37 326674 12/13/16 522.19 326675 12/13/16 175.00 326676 12/13/16 138.46 326677 12/13/16 716.30 326678 12/13/16 893.14 326679 12/13/16 12,591.30 326680 12/13/16 173.48 326681 12/13/16 19,000.00 326682 12/13/16 91,316.34 326683 12/13/16 419.80 326684 12/13/16 483.25 All' Total 739,590.61 345096 12/7/16 171,279.44 173 of 521 GRAND TOTAL $ 910,870.05 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. (1/' eif." et MARK OBERT , FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALBERT MENDIVIL, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER JERRY CANO, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 7te OF FEBRUARY, 2017. AYES NAYS ABSENT 174 of 521 CC/CDC-HA Agenda 2/7/2017 — Page 175 The following page(s) contain the backup material for Agenda Item: Continued Public Hearing — Conditional Use Permit for the expansion of a gas station convenience store located at 1803 Highland Avenue. (Applicant: Michael Rafo) (Case File 2016-17 CUP) *Continued from January 17, 2017 (Planning) 175 of 521 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: ;February 7, 20171 AGENDA ITEM NO. ITEM TITLE: Continued Public Hearing o Conditional Use Permit for the expansion of a gas station convenience store located at 1803 Highland Avenue. (Applicant: Michael Rafo) (Case File 2016-17 CUP) *Continued from January 17, 20171 PREPARED BY: Jessica Madamba, aTh. PHONE: t19-336-4381 EXPLANATION: The applicant has applied for a Conditional Use Permit (CUP) to expand an existing gas station convenience store. The total size of the convenience store would be increased from 540 square feet to 1,103 square feet. The CUP was approved by the Planning Commission on November 7, 2016, by a unanimous vote. DEPARTMENT: {Plannin APPROVED BY: The City Council ("Council") considered a Notice of Decision for this item at their meeting of December 6, 2016. Council held the item over for a public hearing in order to discuss the item further. A public hearing was held on January 17, 2017 at which time the Council continued the item in order for the applicant to be present. There was also a question related to the amount of alcohol products to be displayed. The applicant has since stated that three coolers would be used to store alcoholic beverages. The conditions of approval have been revised accordingly. The attached background report describes the proposal in detail. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities) ORDINANCE: INTRODUCTION: [i 1 FINAL ADOPTION: [ 1 STAFF RECOMMENDATION !.Staff recommends approval of the Conditional Use Permiti BOARD / COMMISSION RECOMMENDATION: 'The Planning Commission approved the Conditional Use Permit. Ayes: Baca, Bush, DeLaPaz, Flores, Garcia, Sendt, Yamane ATTACHMENTS: 1. `Background Report 2. Recommended Findings 3. Revised Recommended Conditions 4. Overhead Finance MIS 5. Reduced Plans 6. Planning Commission staff report 7. Planning Commission Resolution 2016-13 8. Public Hearing Notice 176 of 521 BACKGROUND REPORT Previous Action At the public hearing held on January 17, 2017, the City Council continued the item in order for the applicant to be present. There was a question related to the amount of alcohol products to be displayed. The applicant has since stated that three coolers would be used to store alcoholic beverages. The conditions of approval have been revised accordingly. The original background report is included below. Overview The property owner has applied for a Conditional Use Permit (CUP) to expand an existing convenience store that is accessory to a gas station. A previous CUP (2008-25 CUP) was approved for beer and wine sales and expansion of the store in 2008; however, only the alcohol sales portion of the CUP was exercised. The property has a Type 20 (Off -Sale Beer and Wine) license from the California Department of Alcoholic Beverage Control (ABC).The convenience store is currently 540 square feet in size. The adjacent repair shop is 1,080 square feet in size and includes three service stalls with roll -up doors. The convenience store expansion would include additional square footage adjacent to the south side of the building and would convert one of the three service stalls. This expansion will add an additional 530 square feet to the existing convenience store. Site Characteristics The project site is a fully developed lot on the corner of Highland Avenue and East 18th Street. There are four detached structures located on the property — the main building, which houses the convenience store and repair shop, an automatic car wash, and two canopies which cover the fuel pump islands. Access to the property is provided via four driveways, two on Highland Avenue and two on East 18th Street. The overall property is 23,958 square feet in size and is located in the Major Mixed -Use Corridor (MXC-2) zone. Proposed Use The applicant is proposing to expand the existing convenience store into one of the repair stalls (364 square feet) and to convert a roofed area to part of the store (182 square feet) on the south -facing side of the building. The resultant size of the convenience store would be 1,103 square feet. There is no proposed work for the existing fuel pump islands or the car wash. The proposed expansion into the repair shop will provide increased display areas for products sold. Currently, beer and wine is located in coolers along a six-foot wall in the back of the convenience store. The project proposes to relocate the coolers to the north wall, which is further from the entrance and would add additional coolers. The total length of wall that would have coolers would be increased to 28 feet, approximately four times as many coolers. The applicant has stated that all of these coolers will display beer and wine. Analysis The proposal is consistent with the General Plan in that it meets the intent of the following two General Plan Policies: Policy LU-2.6 supports development and redevelopment that creates jobs for all income levels. Both the proposed commercial area and construction would create additional job opportunities in the City. Policy LU-2.9 encourages the designation of land for commercial, office, and service uses sufficient to meet future City needs. The expanded convenience store would provide a commercial service that is in demand by the public and will help support the existing gas station. Land Use Code The MXC-2 zone permits gasoline service stations with convenience stores subject to a CUP. The existing gas station lacks a CUP, as it was developed prior to the City's CUP requirement for gasoline service stations. Chapter 18.30.190 of the Land Use Code (service stations and convenience stores with gasoline pumps) requires a CUP for greater than 216 cubic feet of non -automotive product sold at a gas station. Although a CUP for expansion of the store was approved in 2008, it was only partially exercised (alcohol sales only) and that part expired. Another CUP was approved in 1994 for the automatic car wash. Mailing — All property owners and occupants within a distance of 300 feet are required to be notified of a public hearing for CUP applications, as was done in this case. A total of 110 notices were mailed for this public hearing, including 46 property owners and 64 occupants. Parking — With the 530 square -foot addition, the convenience store would be 1,103 square feet in size and the repair shop would be 700 square feet in size. Parking for uses is as follows: • Auto Service — one space per 800 square feet (1) • Convenience Store — one space per 250 square feet (5) The lot currently has eight standard parking spaces and one handicapped -accessible space. There is no specific parking requirement for a gas station; however, most 178 of 521 commercial uses require one space for each 250 square feet. In this case, that would be approximately six spaces, which would be provided. Required findings The Municipal Code contains required findings for CUPs. There are six required findings: 1. The proposed use is allowable within the applicable zoning district pursuant to a CUP and complies with all other applicable provisions of the Land Use Code. The use is allowable within the MXC-2 zone pursuant to a CUP, and the proposed expansion of the convenience store meets the required guidelines in the Land Use Code for service stations and convenience stores with gasoline pumps, as discussed in the staff report. 2. The proposed use is consistent with the General Plan and any applicable specific plan. General Plan Policy LU-2.9 designates land for commercial, office, and service uses sufficient to meet future City needs. The proposed convenience store expansion accommodates the mixed used location by allowing residents to meet their needs without traveling long distances and help increase job opportunities. Policy LU-2.6 supports development and redevelopment that creates jobs for all income levels. Both the proposed commercial area and construction would create additional job opportunities in the City. There are no specific plans in the area. 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and rinure land uses in the vicinity. The convenience store is currently located on the property and was previously approved for the sale of alcohol. The expansion of the store will contribute to the viability of an existing older business along the Highland Avenue mixed -use corridor. 4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints. The property is already fully developed, including the convenience store. The proposal to add additional square footage to the store is consistent with the existing use and is suitable for the property. 179 of 521 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 modification to expand the convenience store is consistent with the previous approved use and is similar in nature to the surrounding area and uses (retail and service commercial). 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA). The proposed project has been reviewed in compliance with the CEQA. Staff has determined the proposed use to be categorically exempt from environmental review pursuant to Class 1 Section 15301 (Existing Facilities), for which a Notice of Exemption will be filed subsequent to approval of this CUP. The Class 1 exemption includes additions to existing structures that will not result in an increase of more than 50 percent of the floor area of the structure before the addition. Department and Agency comments Alcohol Sales Concentration/Location — Per ABC, there are currently seven off -sale licenses authorized for Census Tract (116.01) associated with six alcohol outlets - Red Bird Market has two licenses that are reflected in the report, one active and one that was surrendered. However, it should be noted that no new licenses are being added in this case. The off -sale alcohol outlets in the census tract are: Name Address License Type* CUP Highland Arco 1803 Highland Ave. 20 Y National City Market 220-240 E 18m St. 20 - Highland Arco 2336 Highland Ave. 20 - Red Bird Market 2035 Highland Ave. 21 - Hi -Bev Liquor 2111 Highland Ave. 21 - Keg N Bottle 2335 Highland Ave. 21 - * Type 20 — Off -Sale Beer and Wine Type 21 - Off -Sale General With the exception of Highland Arco, all of these businesses are considered legal non- conforming — they have no CUP. This means that these establishments are not subject 180 of 521 to the same strict conditions as a newer business with an approved CUP (e.g., limits on the sale of 22, 32 or 40 oz. malt beverages, single bottles, single wine coolers, no wine greater than 15% alcohol content). The existing convenience store is subject to the most recent Council Policy standards for off -sale alcohol CUPs, and would continue to be subject to said conditions after expansion. Census tract 116.01 includes the area between East i 8th Street and East 24th Street, and between National City Blvd. and L Avenue (72 square blocks). The attached census tract map shows the location of the subject tract. Per ABC there are currently seven off -sale licenses in this census tract (116.01) where a maximum of three are recommended. Therefore, this census tract is considered by ABC to be over -saturated with regard to alcohol sales outlets. Although the census tract is over -saturated, the convenience store already holds an ABC license and was previously approved for alcohol sales with a CUP. The proposed expansion of the convenience store will not create any additional impacts with regard to alcohol sales than what already exists. Police Department Crime statistics provided by the Police Department (PD) indicate that the reporting area (Beat 23) had a September 2010 to April 2013 crime rate of 391.9%, above the 120% considered to be high crime. Crimes are categorized as either Part I or Part 11 crimes. Part 1 crimes are serious crimes such as homicide, robbery, assault, burglary, vehicle theft, etc. Part II crimes are Tess serious in nature and less commonly reported. Part 11 crimes include simple assault, embezzlement, narcotics, and weapons charges (among others). Alcohol is typically referenced as a contributing factor to a particular crime (robbery, assault, etc.); therefore, alcohol -specific crimes are harder to monitor. However, HD also provided a Prior Minor Criminal History report, which includes four arrests, one of which was an alcohol -related occurrence. The Alcohol Beverage Control Risk Assessment provided by PCs allocated a total of 14 points, which would be considered a Medium Risk. Impacts with regards to additional ABC License issuance are not foreseen. Building Division Comments were provided by the Building Division and require compliance with the 2013 California Building, Electrical, Plumbing, Mechanical, Energy and Fire Codes (included as condition no. 7). Institute for Public Strategies (IPS) IPS provided comments on the proposed CUP application. The convenience store is located in a Youth Sensitive Area, within one mile of two public schools - John A. Otis Elementary School located at 621 East 18th Street, and National City Middle School 181 of 521 located at 1701 D Avenue. IPS recommended that if the CUP is approved, that owners, management, and staff be required to attend the Responsible Beverage Sales and Service training (covered under condition no. 12). Comments are attached for your review. Conditions of Approval The Conditions of Approval from the previous CUP (CUP-2008-25) would still apply to the property, unless otherwise modified. Standard Conditions of Approval have been included in the staff report. Additionally,conditions have been added reflecting Building Division, Planning Department, and Fire Departments comments and requirements. Staff Recommendation Staff is recommending approval of this CUP request. Staff is of the opinion that the expansion of the convenience store is compatible with the existing and future land uses and would have minimal impact on the site. Planning Commission Action The Planning Commission conducted a public hearing on November 7, 2016 and asked questions related to the previously approved CUP and conditions of approval. The Planning Commission voted to approve the CUP. City Council Action The City Council ("Council") considered a Notice of Decision for this item at their meeting of December 6, 2016. The Council held the item over for a public hearing in order to discuss the item further. A public hearing was held on January 17, 2017 at which time the Council continued the item in order for the applicant to be present. There was a question related to the amount of alcohol products to be displayed. The applicant has since stated that three coolers would be used to store alcoholic beverages. The conditions of approval have been revised accordingly. Summary The proposed use is consistent with the General Plan because gasoline stations and accessory convenience stores are a conditionally -allowed use in the MXC-2 zone. The existing gas station lacks a CUP, as it was developed prior to the City's CUP requirement for gasoline service stations. In addition, modification and expansion of the existing convenience store located at the gas station requires a CUP. A CUP was previously approved for the off -site sale of alcohol (CUP 2008-25), as well as a CUP for the automatic car wash (CUP 1994-2). The proposed expansion would add additional square footage to the existing convenience store and is consistent with the existing use. 182 of 521 OPTIONS The options available to the City Council are as follows: 1. Approve the item subject to the attached recommended findings and conditions of approval; or 2. Deny the item subject to findings to be made by the City Council; or, 3. Continue the item in order to request additional information. 183 of 521 RECOMMENDED FINDINGS FOR APPROVAL 2016-17 CUP —1803 Highland Avenue 1. That the proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because the use is allowable within the Major Mixed Use Corridor zone pursuant to a Conditional Use Permit, and the proposed expansion meets the required guidelines in the Land Use Code for service stations and convenience stores. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, because General Plan Policy LU-2.6 supports development and redevelopment that creates jobs for all income levels and General Plan Policy LU-2.9 encourages the designation of land for commercial, office, and service uses sufficient to meet future City needs. The expanded convenience store will help support the existing gas station and potentially create addition job opportunities. In addition, the proposed facility is a conditionally -permitted use in Major Mixed Use Corridor zone. 3. That the design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because the convenience store is currently located on the property and the expansion of the store would have minimal impact on the site. 4. That the site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, since the property is already fully developed, including the convenience store. The proposal to expand the store is consistent to the existing use and zone, and is suitable for the property. 5. That granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the proposed expansion is consistent with the previously approved use and is similar in nature to surrounding area uses. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, because staff has determined the proposed use to be categorically exempt from environmental review pursuant to Class 1 Section 15301 (Existing Facilities), for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. Attachment 2 184 of 521 RECOMMENDED CONDITIONS OF APPROVAL 2016-17 CUP —1803 Highland Avenue General 1. This Conditional Use Permit authorizes the expansion of an existing convenience store located at 1803 Highland Avenue. Unless specifically modified by this resolution or subsequent Codes, all previous Conditions of Approval as stated in City Council Resolution No. 2008-251 are still in effect. Plans submitted for permits associated with this project shall conform with Exhibit A, case file no. 2016-17 CUP, dated 7/11/2016. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shah sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Deputy City Manager prior to recordation. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the Califomia Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 4. This perrnit 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. 5. 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. 6. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. Building 7. Plans submitted for improvements must comply with the current edition of the California Building, Electrical, Plumbing, Mechanical, Energy and Codes. The City currently utilizes the 2013 editions. 8. Call 800-227-2600 (Underground Service Alert) for mark out prior to any digging activities. 1 185of521 Fire 9. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA). 10. All required signage shall be designed and installed to the Fire Department's specifications. 11. The National City Fire Department shall be involved with all fire inspections for this site. Rough inspections are required for all phases of work. Planning 12. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 13. The sale of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and 12:00 a.m. 14. No more than three coolers shall display alcoholic beverages. 186 of 521 •2016-17 CUP —1803 Highland Ave. — Overhead Attachment 4 187 of 521 PROJECT INFO, E7 tBrr: A CASE FILE NO.: 2°l(o-n Ckm' tine: 7 f Gi rt' tJ Attachment 5 SrTE: 1803 HIGHLAND BLVD. NATIONAL CITY, CA 01960 OWNER: MICHAEL RAFO 1803 MILANO BLVD. NATIONAL CRY, CA DESIGNER: JON HURLEY BUILDING DESIGN 14553 CHERRYST. BRIGHTON, CO 00602 819-248-2W8 CONTRACTOR: WA PROJECT INFO: PROPOSED ADDITION TO EXISTING CONVENENCE STORE AT EXISTING GAS STATION. REDUCE EXISTING 3-BAY AUTO SERVICE SHOP TO2.BAYSAND ENCLOSE I -BAY FORADDRION TO EXISTNO STORE. ADD NEW EXTERIOR WALL AT SOUTH BIDE OF BUILDING COVERED WALKWAY AND ADO NEW AREA TO EXISTING STORE AREA. EXISTING BUILDING ROOFED ARBA 1,915 S0. F7. SHOP AREA 61280. FT. PROPOSED STORE ADDITION INTO SHOP AREA 381 SO. FT. PROPOSED STORE ADDITION INTO EXISTING COVERED WALKWAY 102 EXISTING STRORE AREA 64180. FT. TOTAL STORE AERA APTPA ADDITIONS 1,153 8O. FT. LEGAL: LOTS ,1,221,4,56, MAP 80, REEDS SUB. BLOCK 1 AP.N. 661-171-16 CONSTRUCTION TYPE I41011- PRI KLERED / J y OD DANDINY OWITINSND AWNS COVERED GAS ISLAND DOSONEMDLA MAW COVERCD GAS ISLAND DONDOT FAPA116 POARAA AO OWNS 6LM E10ST. GL' wwr. SHOP -411411P .Tom 1166TOREAREA Trwil7 RR7FORDAO01CO11 TOGONYEUII GE SIGH. POGROM RAW DOWDT.R. 1:NG ADDOW M16GOADNE IYVUDIW. 110 GMfIDD TO ROOF SITUO1VTO AMINO A5MVG6 AGG6/91N1 19401114AOMMN6 O Q ' LL Qz IuQ o 0 0 - F-41U- z J et -1it c =Zi O PLOT PLAN SCALE 1"=18- 188 of 521 j A-1 I1 ;PRLIITTO FIELD VERIFY ALL PAGES OF THESE DRAWINGS PRIOR TO STARTING CONSTRUGTTON. IF THE OWN6l FA1L5 TO FIELD VERIFY THESE DRAWINGS WITN ALL SD! CONDITIONS AND Bemis CONSrRUCTON NEISH8 TAXES RILL REDPONSISILRY rat TAR; DRAWINGS IN311(. CORRECT AND. APPROVED NY THE OWNER THE DIMMER ER SHALL TARE 265O RBPONS>B1L71Y FOR AHYXOB COST! ra1RV THE Aowrwcn w AMC Rue f .1.1a cu.,, etno o. u cuccr near Auewrrrn n, we Gun ...,.I ..km ..... ", .,.,. -. _...., .._.. .-. _..... .�.. �,. �.., 641. 42.1W -10' 10' ?eft caubitkosc,, o IL( -nine coot4s so bpt?Y ALC011wL I PRODUCTS 6T3' L 1 r SHOP is'r.zrs ,XA311I 6 AUTO RIPAAI SHOP 1 r +-r 10' OFFICE �T:T! 40,6' 14 11- SALES 1F-5E err 544. STORAGE • SAES COUNTER AREA 14' .-6.4'— F lOPOSED 1DTRON TO ONVENIENCE FLOOR PLAN SCALE 114' - I'.m 189 of 521 L iIEO]EY TO NEWVOOFYALL MESS OF Tr3E DRAW/NES NWR TO STAINSIGCO26im1c1 IF THE DWYER FAILS TO FEND VERIW WIESE ORM3 W M AILs.7E CO TAKES NULL R'SNONSIBnm FOR WIT DRAWINGS SI9I5- CORRECT AM APPROVED M THEOWNEL I15 DIEDGNER SMALL TAKE ZERO RE6,OI5- SI/Y FOR ANY706 GOST1 b b A-2 E7�37. STAMPING M L ROOF 111113111 L11(1111111 1 STUCCO TO MATCH POK1NG SOUTH ELEVATION SGY.E 1M' • i'4 EMT. 5TANPINS SEAM MTL ROOF EXIST. STANDING SEAM MIL ROOF <-EXISTIN65HEET < SXSTtw SHEET METAL'XM > - L METAL TRIMS EXELTNIS (L9STJ GO > < (E15TUCCO ) EAST ELEVATION SCALE TOM DV METAL68HEET AL TRIM TO MATCH EXISTING 1015T. 5TAND1N6 SEAM SHEET MTL. ROOT 11111E 111 II II r I -EMOTING SHEET METAL TRIM E>85TING ROOT (E) STUCCO 1111 Il 1T MOST. STAMDd6 SEAM MTL ROOF NORTH ELEVATION SEALE 1Fr F FROST. STANPIN& SEAM HTL ROOF EXISTIN69NEET METAL TRI FE}_STUOCO -) COSTING EXISTIN (E)STUCCO EXISTING SHEET METAL TRIM INS 6LALi1Nf 'VEST ELEVATION SCALE 14. F STUGGO TO %SOCA E3 11NS 190 of 521 A-3 iIBILITT TO FIELD VERIFY ALL PAGES OF TMESE DRAWINGS PRIOR TO STARTING CONSTTWCTRIN. IFTNE OWNER FAILS TO FIELDVERIFYTNESE DRAWINGS WITS XLSIIE CON IUNSAND WASS WISIRMA HWSHE TARES RILLRESPONSIBILRT FTXI THE DRAWINGS 8ERIG CORRECT AND APPROVED BY THE OWNER ,ME DESIGNER SHALL TARE 2ERO RESPONSI FOR ANY 10800S1 DRIFT T IF A WRfNFII N ANO IMP 111111.1.12 4NAI1 ARCM 'ACM CNFFTfF TIF APPRIWFD PI ANS ANTI FM2%1I TIP crcr nl mac Tll ra fRTPNPR PR1f1R M CTAWUNF TNSTRIMTTNN Title: Item no. 3 November 7, 2016 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT PUBLIC HEARING — CONDITIONAL USE PERMIT FOR THE EXPANSION OF A GAS STATION CONVENIENCE STORE LOCATED AT 1803 HIGHLAND AVENUE Case File No.: 2016-17 CUP Location: Southeast comer of Highland Avenue and East 18th Street Assessor's Parcel No.: 561-171-18 Staff report by: Jessica Madamba ` Planning Technician Applicant/Property owner: Michael Rafo Zoning designation: MXC-2 — Major Mixed -Use Corridor Adjacent land use/zoning: North: Jack in the Box Restaurant across E. `i 6t St. t MXC-2 East: Commercial and multi -family residential / MXC-1 (Minor Mixed -Use Corridor) South: Wienerschnitzel Restaurant / MXC-2 West: Napa Auto Parts across Highland Ave. / MXC-2 Environmental review: Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities) Staff recommendation: Approve BACKGROUND The property owner has applied for a Conditional Use Permit (CUP) to expand an existing convenience store that is accessory to a gas station. A previous CUP (2008-25 CUP) was approved for beer and wine sales and expansion of the store in 2008; however, only the alcohol sales portion of the CUP was exercised. The property has a Type 20 (Off -Sale Beer and Wine) license from the California Department of Alcoholic Beverage Control (ABC).The convenience store is currently 540 square feet in size. The adjacent repair shop is 1,080 square feet in size and includes three service stalls with roll -up doors. The convenience store expansion would include additional square footage adjacent to the south side of the budding and would convert one of the three service stalls. This expansion will add an additional 530 square feet to the existing convenience store. Site Characteristics The project site is a fully developed lot on the comer of Highland Avenue and East 18th Street. There are four detached structures located on the property — the main building, which houses the convenience store and repair shop, an automatic car wash, and two canopies which cover the fuel pump islands. Access to the property is provided via four driveways, two on Highland Avenue and two on East 18th Street. The overall property is 23,958 square feet in size and is located in the Major Mixed -Use Corridor (MXC-2) zone. Proposed Use The applicant is proposing to expand the existing convenience store into one of the repair stalls (364 square feet) and to convert a roofed area to part of the store (182 square feet) on the south -facing side of the building. The resultant size of the convenience store would be 1,103 square feet. There is no proposed work for the existing fuel pump islands or the car wash. The proposed expansion into the repair shop will provide increased display areas for products sold. Currently, beer and wine is located in coolers along a six-foot wall in the back of the convenience store. The project proposes to relocate the coolers to the north wall, which is further from the entrance and would add additional coolers. The total length of wall that would have coolers would be increased to 28 feet, approximately four times as many coolers. The applicant has stated that all of these coolers will display beer and wine. Analysis The proposal is consistent with the General Plan in that it meets the intent of the following two General Plan Policies: Policy LU-2.6 supports development and redevelopment that creates jobs for all income levels. Both the proposed commercial area and construction would create additional job opportunities in the City. 192 of 521 Policy LU-2.9 encourages the designation of land for commercial, office, and service uses sufficient to meet future City needs. The expanded convenience store would provide a commercial service that is in demand by the public and will help support the existing gas station. Land Use Code The MXC-2 zone permits gasoline service stations with convenience stores subject to a CUP. The existing gas station Tacks a CUP, as it was developed prior to the City's CUP requirement for gasoline service stations. Chapter 18.30.190 of the Land Use Code (Service stations and convenience stores with gasoline pumps) requires a CUP for greater than 216 cubic feet of non -automotive product sold at a gas station. Although a CUP for expansion of the store was approved in 2008, it was only partially exercised (alcohol sales only) and that part expired. Another CUP was approved in 1994 for the automatic car wash. Mailing — All property owners and occupants within a distance of 300 feet are required to be notified of a public hearing for CUP applications, as was done in this case. 110 notices were mailed for this public hearing, including 46 property owners and 64 occupants. Parking— With the 530 square -foot addition, the convenience store would be 1,103 square feet in size and the repair shop would be 700 square feet in size. Parking for uses is as follows: * Auto Service —1 space per 800 square feet (1) Convenience Store — 1 space per 250 square feet (5) The lot currently has eight standard parking spaces and one handicapped -accessible space. There is no specific parking requirement for a gas station; however, most commercial uses require one space for each 250 square feet. In this case, that would be approximately six spaces, which would be provided. Required findings The Municipal Code contains required findings for Conditional Use Permits. There are six required findings: 1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code. The use is allowable within the Major Mixed Use Corridor zone pursuant to a Conditional Use Permit, and the proposed expansion of the convenience store meets the required guidelines in the Land Use Code for service stations and convenience stores with gasoline pumps, as discussed in the staff report. 193 of 521 2. The proposed use is consistent with the General Plan and any applicable specific plan. General Plan Policy LU-2.9 designates land for commercial, office, and service uses sufficient to meet future city needs. The proposed convenience store expansion accommodates the mixed used location by allowing residents to meet their needs without traveling long distances and help increase job opportunities. Policy LU-2.6 supports development and redevelopment that creates jobs for all income levels. Both the proposed commercial area and construction would create additional job opportunities in the City. There are no specific plans in the area. 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity. The convenience store is currently located on the property and was previously approved for the sale of alcohol. The expansion of the store will contribute to the viability of an existing older business along the Highland Avenue mixed use corridor. 4. The site is physically suitable for the type, density, . and intensity of use being proposed, including access, utilities, and the absence of physical constraints. The property is already fully developed, including the convenience store. The proposal to add additional square footage to the store is consistent with the existing use and is suitable for 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 modification to expand the convenience store is consistent with the previous approved use and is similar in nature to surrounding area and uses (retail and service commercial). 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act. The proposed project has been reviewed in compliance with the California Environmental Quality Act. Staff has determined the proposed use to be categorically exempt from environmental review pursuant to Class 1 Section 15301 (Existing Facilities), for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. The 194 of 521 Class 1 exemption includes additions to existing structures that will not result in an increase of more than 50 percent of the floor area of the structure before the addition. Department and Agency comments Alcohol Sales Concentration/Location — Per ABC, there are currently seven of sale licenses authorized for Census Tract (116.01) associated with six alcohol outlets - Red Bird Market has two licenses that are reflected in the report, one active and one that was surrendered. However, it should be noted that no new licenses are being added in this case. The off -sale alcohol outlets in the census tract are: Name Address License Type* CUP Highland Arco 1803 Highland Ave. 20 Y National City Market 220-240 E 18th St. 20 - Highiand Arco 2336 Highland Ave. 20 - Red Bird Market 2035 Highland Ave. 21 - Hi -Bev Liquor 2111 Highland Ave. 21 - Keg N Bottle 2335 Highland Ave. 21 - * Type 20 — Off -Sale Beer and Wine Type 21 - Off -Sale General With the exception of Highland Arco, all of these businesses are considered legal non- conforming — they have no Conditional Use Permit. This means that these establishments are not subject to the same strict conditions as a newer business with an approved CUP (e.g., limits on the sale of 22, 32 or 40 oz. malt beverages, single bottles, single wine coolers, no wine greater than 15% alcohol content). The existing convenience store is subject to the most recent Council Policy standards for off -sale alcohol CUP's, and would continue to be subject to said conditions after expansion. Census tract 116.01 includes the area between East 18th Street and East 24th Street, and between National City Blvd. and L Avenue (72 square blocks). The attached census tract map shows the location of the subject tract. Per State Alcoholic Beverage Control (ABC) there are currently seven off -sale licenses in this census tract (116.01) where a maximum of three are recommended. Therefore, this census tract is considered by ABC to be over- saturated with regard to alcohol sales outlets. Although the census tract is over -saturated, the convenience store already holds an ABC license and was previously approved for alcohol sales with a CUP. The proposed expansion of the convenience store will not create any additional impacts with regard to alcohol sales than what already exists. 195 of 521 Police Department Crime statistics provided by the Police Department (PD) indicate that the reporting area (Beat 23) had a September 2010 to April 2013 crime rate of 391.9%, above the 120% considered to be a high crime. 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 11 crimes include simple assault, embezzlement, narcotics, and weapons charges (among others). Alcohol is typically just referenced as a contributing factor to a particular crime (robbery, assault, etc.); therefore, alcohol -specific crimes are harder to monitor. However, PD also provided a Prior Minor Criminal History report, which includes four arrests, one of which was an alcohol - related occurrence. The Alcohol Beverage Control Risk Assessment provided by PD allocated a total of 14 points, which would be considered a Medium Risk. Impacts with regards to additional ABC License issuance are not foreseen. Building Division Comments were provided by the Building Division require compliance with the 2013 California Building, Electrical, Plumbing, Mechanical, Energy and Fire Codes (included as condition no. 7). Institute for Public Strategies (IPS) The Institute for Public Strategies provided comments on the proposed CUP application. The convenience store is located in a Youth Sensitive Area, within one mile of two public schools - John A. Otis Elementary School located at 621 East 18th Street, and National City Middle School located at 1701 D Avenue. The IPS recommend that if the CUP is approved that owners, management, and staff be required to attend the Responsible Beverage Sales and Service training (covered under condition no. 12). Comments are attached for your review. Conditions of Approval The Conditions of Approval from the previous Conditional Use Permit (CUP-2008-25) would still apply to the property, unless otherwise modified. Standard Conditions of Approval have been included in the staff report. Additionally, conditions have been added reflecting Building Division, Planning Department, and Fire Departments comments and requirements. Summary The proposed use is consistent with the General Plan because gasoline stations and accessory convenience stores are a conditionally -allowed use in the MXC-2 zone. The existing gas station lacks a CUP, as it was developed prior to the City's CUP requirement for gasoline service stations. In addition, modification and expansion of the existing convenience store located at the gas station requires a CUP. A CUP was previously approved for the off - site sale of alcohol (CUP 2008-25), as well as a CUP for the automatic car wash (CUP 1994- 196 of 521 2). The proposed expansion would add additional square footage to the existing convenience store and is consistent with the existing use. OPTIONS 1. Approve 2016-17 CUP subject to the attached conditions, and based on attached findings or other findings as determined by the Planning Commission; or 2. Deny 2016-17 CUP based on findings as determined by the Planning Commission; or 3. Continue the item for additional information ATTACHMENTS 1. Recommended Findings 2. Recommended Conditions 3. Overhead 4. Department and Agency Comments 5. Census Tract Map and Police Beat Map 6. Public Hearing Notice (Sent to 46 property owners & 64 Occupants) 7. Notice of Exemption 8. Applicant's Plans (Exhibits A, Case File No. 2016-17 CUP, dated 7/11/2016) 9. Council Resolution 2008-251 JESSICA MADAMBA Planning Technician Deputy City Manager 197 of 521 RECOMMENDED FINDINGS FOR APPROVAL 2016-17 CUP —1803 Highland Avenue That the proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because the use is allowable within the Major Mixed Use Corridor zone pursuant to a Conditional Use Permit, and the proposed expansion meets the required guidelines in the Land Use Code for service stations and convenience stores. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, because General Plan Policy LU-2.6 supports development and redevelopment that creates jobs for all income levels and General Plan Policy LU-2.9 encourages the designation of land for commercial, office, and service uses sufficient to meet future City needs. The expanded convenience store will help support the existing gas station and potentially create addition job opportunities. In addition, the proposed facility is a conditionally -permitted use in Major Mixed Use Corridor zone. 3. That the design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because the convenience store is currently located on the property and the expansion of the store would have minimal impact on the site. 4. That the site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, since the property is already fully developed, including the convenience store. The proposal to expand the store is consistent to the existing use and zone, and is suitable for the property. 5. That granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the proposed expansion is consistent with the previously approved use and is similar in nature to surrounding area uses. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, because staff has determined the proposed use to be categorically exempt from environmental review pursuant to Class 1 Section 15301 (Existing Facilities), for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. 198 of 521 (00 RECOMMENDED CONDITIONS OF APPROVAL 2016-17 CUP —1803 Highland Avenue General 1. This Conditional Use Permit authorizes the expansion of an existing convenience store located at 1803 Highland Avenue. Unless specifically modified by this resolution or subsequent Codes, all previous Conditions of Approval as stated in City Council Resolution No. 2008-251 are still in effect. Plans submitted for permits associated with this project shall conform with Exhibit A, case file no. 2016-17 CUP, dated 7/11/2016. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attomey and signed by the Deputy City Manager prior to recordation. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 4. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in the Municipal Code. 5. 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. 6. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. Building 7. Plans submitted for improvements must comply with the current edition of the California Building, Electrical, Plumbing, Mechanical, Energy and Codes. The City currently utilizes the 2013 editions. 8. Call 800-227-2600 (Underground Service Alert) for mark out prior to any digging activities. 199 of 521 Fire 9. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA). 10. All required signage shall be designed and installed to the Fire Department's specifications. 11. The National City Fire Department shall be involved with all fire inspections for this site. Rough inspections are required for all phases of work. Planning 12. Al! sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 13. The sale of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and 12:00 a.m. 200 of 521 hland Ave. — Overhead .2016-17 CUP - 1803 Hi 0 CALIFORNIA &i' 'NAoNAL Cry' IavcoR.PoE 11 rEp CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 July 14, 2016 To: Planning Division From: Building Division Subject: Case File No. 2016-17 1803 Highland Avenue The proposed expansion of the convenience store at the location listed above shall be constructed as per the 2013 California Building, Electrical, Plumbing, Mechanical, Energy and Fire Codes. If you have any questions regarding this matter please contact me at 619-336-4214, thank you. Luis Sainz Building Official 202 of 521 NATIONAL CITY POLICE DEPARTMENT ALCOHOL BEVERAGE CONTROL RISK ASSESSMENT DATE: 08/04/2016 BUSINESS NAME: Highland Service Station ADDRESS: 1803 Highland Avenue, National City, CA 91950 OyNERNAME: Michael Rafo DOg: 06/21/1988 OWNER ADDRESS: 1851 Sea Pines Road, El Cajon , CA 92019 (add additional owners on page 2) I. Type of Business Restaurant (1 pt) Market (2 pts) Bar/Night Club (3 pts) Tasting Room (lpt) II. Hours of Operation Daytime hours (1 pt) I Close by llpm (2 pts) Close after l 1pm (3 pts) III. Entertainment Music (1 pt) Live Music (2 pts) Dancing/Live Music (3 pts) No Entertainment (0 pts) IV. Crime Rate Low (1 pt) Medium (2 pts) 1 High (3 pts) V. Alcohol Businesses per Census Tract Below (1 pt) ,/ Average (2 pts) Above (3 pts) f Notes: Prior Minor Criminal History: 4/2013-Cite for smoking in public pk 6/2011-Arrest for drunk in public 9/2010-FI for smoking in stadium 9/2004-Arrest for sale of tobacco to minor "Michael Rafo is not listed as ABC Lic holder Auday Salem & Raphael Rafo are listed on ABC Lic. Crime rate at 391.9% (High) ABC Tract currently maxed as recommended Revised: 8/16 1 of 2 203 of 521 National City Police Department ABC Risk Assessment VI. Calls for Service at Location (for previous 6 months) ✓ Below (1 pt) Average (2 pts) Above (3 pts) VII. Proximity Assessment (1/4 mile radius of location) Mostly commercial businesses (1 pt) • Some businesses, some residential (2 pts) Mostly residential (3 pts) VIII. Owner(s) records check No criminal incidents (0 pts) • Minor criminal incidents (2 pts) Multiple/Major criminal incidents (3 pts) Low Risk ( 12pts or less) Medium Risk (13 — l8pts) High Risk (19 — 24pts) Total Points 14 OWNER NAME: DOB: OWNER ADDRESS: OWNER NAME: DOB: OWNER ADDRESS: Recommendation: Business currently holds a ABC License (#529691). No impact with regards to additional ABC License issuance. Business will expand square footage from 1722sf to 1915sf. Completed by: Sergeant Shepherd Revised: 8/16 2 of 2 Badge ID: 0402 204 of 521 i 1803 Highland Avenue / Crime Rate & Calls for Service 1 CFS TOTAL (01.1AN2016-Present) PRIORITY Count 1 2 3 1 4 5 'SI& Airs Required Palmetto iter-Pr .+1Pckms ""e":51/' "AV F 4 1 Cti.!16 ate P411.Z. tttf 14 Tak ra Zifar MSC R WOO • attend Amialsocs 1..#431.•. . .t 205 of 521 50UTN I3AY C iMMLINITY CHANGE. TAPJECT A F'roject of the Institute for rubiic Strategies Environmental Scan for Alcohol License C.U.P. Highland Service Station 1803 Highland Avenue, National City, CA 91950 August 1, 2016 Photo of Highland Service Station in National City Google Earth View of 1803 Highland Avenue and Surrounding Area This environmental scan is for an expansion of the convenience store and for the change in the approved floor plan for alcohol sales on the existing Conditional Use Permit at the Highland Avenue Service Station located at 1803 Highland Avenue in National City. The business is located on the corner of 18th and Highland Avenue in National City. An environmental scan was conducted on Monday, August 1, 2016. The existing service station has a 540 square -foot convenience store and three -bay repair shop. The property has an approved CUP for beer and wine sales. During a scan of the business and property the following was noted: The business is located in an area with other local businesses, single-family residences and multi - housing units in the immediate area. :ha South Bay Community Change Protect .s a project of the Institute for Pubac Strategies and is funded by the San Diego County ?lege: and Human Services Agency 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-910D • Fax: a ".9.476-9 "04 www.puh6retratogies eig 206 of 521 Youth Sensitive Areas The business is located near two schools within one mile to include: John A. Otis Elementary School located at 621 E 18,th St, National City, CA 91950 and National City Middle School located at 1701 D Ave, National City, CA 91950 Outlet Density According to the ABC, three (3) off -sale licenses are authorized for Census Tract 0116.01, the census track within the area of which 1803 Highland Avenue is located. Currently there are Seven (7) off -sale licenses issued for the Census Tract is 0116.01. Green Arrow and Red Pin Depict Applicant's Location for the Highland Service Station at "1803 Highland Avenue" in 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 footled by the San Diego Con* Health and Human Services Agency 2616 Camino de1SSo So.18300 ' San Diego, California, 92106 • Phone- 619.476-9100 • Fax 619.476-9104 wwr publiC86ate es.org 207 of 521 Census Tracts Off -Sale On -Sale Tract 0116.01 Establishment is within this tract Allowed: 3 Actual: 7 Number Above/Below Allowable: Allowed: 7 Actual: 2 Above/Below: -5 Neighboring Census Tracts Tract 0117.0 Establishment is within this tract Allowed: 4 Actual: 8 Number Above/Below Allowable: Allowed: 8 Actual: 14 Above/Below: Crime Rate Refer to National City Police Department for crime data. Considerations Should the change to the CUP be approved we would recommend that: Staff, management, and owner be required to attend the Responsible Beverage Sales and Service training. Alcohol sales hour should not exceed 10:00 PM. The South Ray Community Change Project is a project of the Instihrte for Public Strategies and is funded by the San Diego County Health and Human Services Agery 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-S100 • Fax: 619,476-9104 www.publicstrategles.org 208 of 521 August 25, 2014 CensusTracts 201E 1:45,467 0 0.375 0.75 1.5 mf 0 0.5 1 2 km swam Esri, HERE, Dame lbmTan, Iniarmep, Irerernant P Corp., GEBCO, USGS, FAO, PPS, mow, GeoBese, IGN, Kedeeier ft, Ordnance Survey, Esri Japan, MET), Esd China (Hang Kong), swlasmp0. Mapnylndia, 6+ OpenSte ve/lap conh>bubes, and the G rs UserCammrnity 209 of 521 11/4 .Ste Gang.'. ttoe +� C and1008-2008Mlceoseee�t� l f6/4ll IM\leto r�gd�al�ens�1¢66 2p�Flnsf�118Ma1 [BC poral[on.. lhl C inmapo�aga dlrecJ�omdaW®29 ri Q !Onto mg ONO N+I 2.end • T50P imretrgdeinarlerNAVT70.020 i7oIrAlieNanh. ce,Ina 1U1 noh e6ned. Tula M inr and.: lagging North Nunn enri edemas eliele,dl dierk 4, . Source: Microsoft Mappoint NCPD CAU, 4/18/07 City of National City Beat 23 210 of 521 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR THE EXPANSION OF A GAS STATION CONVENIENCE STORE LOCATED AT 1803 HIGHLAND AVENUE. CASE FILE NO.: 2016-17 CUP APN: 561-171-18 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, November 7, 2016, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Michael Rafo) The applicant wishes to expand an existing gas station convenience store, which will convert one of three existing repair bays to retail space and expand the building to the south by 182 square feet. The store was previously approved to sell beer and wine between the hours of 8 a.m. to 12 a.m. No change in hours of operation is proposed. 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., November 7; 2016 by the Planning Department, who can be contacted at 619-336-4310 or planning a�l,_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 Deputy City Manager 211 of 521 t t*.,\\\ p Porba CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Pro"ect Title: 2016-17 CUP Project Location: 1803 Highland Avenue, National City, CA. Contact Person: Jessica Madamba Telephone Number: (619) 336-4381 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit for the expansion of a convenience store located at an existing gas station, repair shop, and automatic carwash. The convenience store will expand into one of the three existing repair stalls, and create an additional 182 square feet to the south facing side of the building. Applicant: Michael Rafo 1803 Highland Avenue National City, CA 91950 Exempt Status: Telephone Number: (619) 994-9878 ® Categorical Exemption. Class 1 Section 15301 (Existing Facilities) Reasons why project is exempt: The project consists of a minor conversion and addition of an existing convenience store that will not result in an increase of more than 50 percent of the floor area of the structure before the addition. Date: JESSICA MADAMBA Planning Technician 212 of 521 RESOLUTION NO: 2008 — 251 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR THE EXPANSION OF A FOOD MART AND FOR ACCESSORY BEER AND WINE SALES AT AN EXISTING GAS STATION LOCATED AT 1803 HIGHLAND AVENUE APPLICANT: FRED KARIM CASE FILE NO. 2008-25 CUP WHEREAS, the City Council of the City of National City considered a Conditional Use Permit for the expansion of a food mart and tor accessory beer and wine sales at an existing gas station at 1803 Highland Avenue (APN: 561-171-18). at a duly advertised public hearings held on November 18, 2008, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report contained in Case File No. 2008-25 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 City Council of the City of National City, California, that the testimony and evidence presented to the City Council at the public hearings held on November 18, 2008, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the addition to the existing mini -mart is within an existing building and that the sales area for beer and wine will be no more than 20 percent, or 130 square feet, of the available sales area. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the gas station is existing and the expansion of en existing mini -mart and the addition of alcohol sales is not expected to result in an appreciable increase in traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the mini -marl already exists and is located in a developed commercial area. Also, conditions of approval controlling the sale of beer and wine will reduce the potential for adverse effects. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the viability of the service station, an established and ailowed use in the applicable commercial zone, and will discourage pre-existing nonconforming uses that do not comply with all of the City's current standards for regulating establishments that sell alcoholic beverages. 5. That the major design enhancement of the property will contribute to the viability of an existing older business and to other local businesses along the Highland Avenue commercial corridor. 213 of 521 Resolution No. 2008 — 251 December 2, 2008 Page 2 6. That public convenience and necessity may be served by the proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes the 404 square -foot expansion of a mini -mart and for the sale of beer and wine for off -site consumption at the Highland Service Station located at 1803 Highland Avenue. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File No. 2008-25 CUP, dated June 30, 2008. 2. A detailed landscape and underground irrigation plan, including plant species, methods of planting, etc. shall be submitted for review and approval by the Planning Director prior at building permit. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices, as well as details for hardscape on site, including parking lot striping. The plans shall also show details for the trash enclosure, including a door and cover. The finish of the trash enclosure shall be painted to match other building on site. 3. Exterior colors for the mini -mart and auto repair building shall be shown on building permit plans. 4. Plans must comply with the 2007 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, California Fire Code and California Title 24 energy and handicapped regulations. 5. Permittee shall comply with all regulatory provisions of the Business and Professions Code, Section 23790.5 (d) (1) through (6), and Section 25612.5 — Retail Operating Standards. Any violation of the aforementioned code sections constitutes a violation of the Conditional Use Permit. 6. The sale of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and 12:00 a.m. 7. All persons who will be selling alcoholic beverages shall receive L.E.A.D. (Licensee Education on Alcohol and Drugs) training in Responsible Beverage Service from the State Department of Alcoholic Beverage Control or Responsible Hospitality Coalition. 8. The sate of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 9. No beer and malt beverage products shall be sold of Tess than six-pack quantities per sale. There shall be no sale of single cans or bottles. 10. No sale of wine shall be sold in containers of less than 750 milliliters, except for wine coolers. Wine coolers may be sold only by four -pack or other manufacturer's pre -packaged multi -unit quantities. 214 of 521 Resolution No. 2008 — 251 December 2, 2008 Page 3 11. The sale of fortified or wine with an alcoholic content greater than 15% by volume is prohibited. 12. The building plans shall indicate the placement of signs on each exterior building wall of the licensed premises that faces a vehicle parking lot, in compliance with Chapter 10,30.070 of the National City Municipal Code that reads: "WARNING It is unlawful to drink an alcoholic beverage or to posses an open alcoholic beverage container in public or in a public parking lot. NCMC 10.30.050 and 10.30.060." The signs shall be installed prior to certificate of occupancy for the addition. 13. Signs shall be posted at each entrance to the applicant's premises prohibiting loitering on or in front of the .premises. The signs shall be installed prior to certificate of occupancy for the addition. 14. 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. 15, All cups and containers shall be sold at or above prevailing prices and in their original multi - container packages of no fewer than 12, and no cups and containers shall be given free of charge. . 16. 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. 17. The rear door(s) of the premises shall be kept closed at all times during the operation of the business except in case of deliveries or emergencies. 18. Exterior advertising and signs at all types, promoting or indicating the availability of alcoholicbeverages, 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, shalt constitute a violation of this condition. 19. 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 shalt be made available to the City Finance Department and any Peace Officer of the Califomia Department of Alcoholic Beverage Control upon demand. 20. No coin operated games or other devices of entertainment shall be operated on the licensed premises. 21. The maximum display area allowed for the sale of alcohol is 130 square feet and shah be located only within the walk-in cooled storage and coolers as shown on Exhibit A, Case File No. 2008-25 CUP, dated June 30, 2008. 215 of 521 Resolution No. 2008 — 251 December 2, 2008 Page 4 22. Within four (4) days of approval, pursuant to Fish and Game Code Section 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 23. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 24. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or Jonger. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 25. 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 alt conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning 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 Planning Director prior to recordation. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 2nd day of December, 2008. Ron Morrison, ATTEST: j APPROVED AS TO FORM: Mic ael R. Della, Ci '• Clerk George H. Eiser, III City Attorney L 216 of 521 Passed and adopted by the Council of the City of National City, California, on December 2, 2008 by the following vote, to -wit: Ayes: Councilmembers Morrison, Parra, Zarate. Nays: Councilmember Natividad. Absent: None. Abstain: Councilmember Soteio-Solis. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City =rk of the ty of ational City, California > Deputy i HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2008-251 of the City of National City, California, passed and adopted by the Council of said City on December 2, 2008. City Clerk of the City of Nsttional City, California By. Deputy 217 of 521 rt RESOLUTION NO. 2016-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE EXPANSION OF A GAS STATION CONVENIENCE STORE LOCATED AT 1803 HIGHLAND AVENUE CASE FILE NO. 2016-17 CUP APN: 561-171-18 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for the expansion of a gas station conven!ence store located at 1803 Highland Avenue at a duly advertised public hearing held on November 7, 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. 2016-17 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 November 7, 2016, support the following findings: 1. That the proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because the use is allowable within the Major Mixed Use Corridor zone pursuant to a Conditional Use Permit, and the proposed expansion meets the required guidelines in the Land Use Code for service stations and convenience stores. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, because General Plan Policy LU-2.6 supports development and redevelopment that creates jobs for all income levels and General Plan Policy LU-2.9 encourages the designation of land for commercial, office, and service uses sufficient to meet future City needs. The expanded convenience store will help support the existing gas station and potentially create addition job Attachment 7 218 of 521 opportunities. In addition, the proposed facility is a conditionally -permitted use in Major Mixed Use Corridor zone. 3. That the design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because the convenience store is currently located on the property and the expansion of the store would have minimal impact on the site. 4. That the site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, since the property is already fully developed, including the convenience store. The proposal to expand the store is consistent to the existing use and zone, and is suitable for the property. 5. That granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the proposed expansion is consistent with the previously approved use and is similar in nature to surrounding area uses. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, because staff has determined the proposed use to be categorically exempt from environmental review pursuant to Class 1 Section 15301 (Existing Facilities), for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes the expansion of an existing convenience store located at 1803 Highland Avenue. Unless specifically modified by this resolution or subsequent Codes, all previous Conditions of Approval as stated in City Council Resolution No. 2008-251 are still in effect. Plans submitted for permits associated with this project shall conform with Exhibit A, case file no. 2016-17 CUP, dated 7/11/2016. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning 219 of 521 Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Deputy City Manager prior to recordation. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711,4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 4. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in the Municipal Code. 5. 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. 6. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. Building 7. Plans submitted for improvements must comply with the current edition of the California Building, Electrical, Plumbing, Mechanical, Energy and Codes. The City currently utilizes the 2013 editions. 8. Call 800-227-2600 (Underground Service Alert) for mark out prior to any digging activities. Fire 9. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA). 10. All required signage shall be designed and installed to the Fire Department's specifications. 11. The National City Fire Department shall be involved with all fire inspections for this site. Rough inspections are required for all phases of work. Planning 12. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a 220 of 521 city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 13. The sale of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and 12:00 a.m. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of November 7, 2016, by the following vote: AYES: Bush, Yamane, Garcia, Baca, Sendt, Flores, Dela Paz NAYS: None ABSENT: None ABSTAIN: None �RPERSON 221 of 521 CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk NOTICE OF 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, January 17, 2017, in the City Council Chambers, Civic Center, 1243 National City Blvd., National City, CA., to consider: CONDITIONAL USE PERMIT FOR THE EXPANSION OF A GAS STATION CONVENIENCE STORE LOCATED AT 1803 HIGHLAND AVENUE The Planning Commission conducted a public hearing at their meeting of November 7, 2016 and voted to recommend approval of the Conditional Use Permit by unanimous vote. 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. January 4, 2017 Attachment 8 Michael R. Dalla, CMC City Cleric 222 of 521 CC/CDC-HA Agenda 2/7/2017 — Page 223 The following page(s) contain the backup material for Agenda Item: Public Hearing — Conditional Use Permit for beer and wine sales at Sushi Loco Restaurant to be located at 2220 East Plaza Blvd., Suite C & D. (Applicant: Jason Kim) (Case File 2016-26 CUP) (Planning) 223 of 521 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 7, 2017 AGENDA ITEM NO. ITEM TITLE: iPublic Hearing Conditional Use Permit for beer and wine sales at Sushi Loco Restaurant to be located at 2220 East Plaza Blvd., Suite C & D. (Applicant: Jason Kim) (Case File 2016-26 CUP) PREPARED BY: Jessica Madamba 6144 PHONE: 819-336-4381 I EXPLANATION: DEPARTMENT: IPiannin APPROVED BY: Sushi Loco has applied for a Conditional Use Permit (CUP) to sell beer and wine as an accessory use to a proposed restaurant. Alcohol sales hours would be from 11 a.m. to 10 p.m. daily. A Type 41 (On -Sale Beer and Wine) license is concurrently being processed with the California Department of Alcoholic Beverage Control (ABC). The project location is a 1,890 square -foot suite within Grove Plaza, located in the Major Mixed -Use District (MXD-2) zone. The CUP was approved by the Planning Commission on December 5, 2016, by a vote of five to zero; one member was absent and one member abstained. City Council considered a Notice of Decision for this item at their meeting of January 17, 2017. Council held the item over for a public hearing in order to consider additional conditions, consistent with City Council Policy 707. The recommended conditions of approval have been revised accordingly. The attached background report describes the proposal in detail. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Not a project per CEQA ORDNANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: { Finance MIS STAFF RECOMMENDATION: Staff recommends approval of the Conditional Use Permit BOARD / COMMISSION RFCOMMENDATION: [The Planning Commission approved the Conditional Use Permit. Ayes: Baca, Bush, Garcia, Sendt, Yamane Absent: DeLaPaz Abstain: Flores ATTACHMENTS: 11. Background Report 6. Planning Commission Staff Report 2. Recommended Findings 7. Planning Cornrnission Resolution 2016-17 3. Revised Recommended Conditions 8. Public Hearing Notice 4. Overhead 9. City Council Policy 707 5. Reduced Plans 224 of 521 BACKGROUND REPORT Overview The property owner has applied for a Conditional Use Permit (CUP) to sell beer and wine at a new restaurant, Sushi Loco. Business operating hours, as well as alcohol sales, would be from 11:00 a.m. to 10:00 p.m. daily. A Type 41 (On -Sale Beer and Wine) license is concurrently being processed with the California Department of Alcoholic Beverage Control (ABC). Site Characteristics The project location is Grove Plaza, located at 2220 E. Plaza Blvd., in the Major Mixed - Use District (MXD-2) zone. The premises are a 1,890 square -foot suite, which has historically been two separate suites (C & D), within the center. The area is adjacent to other commercial uses including Popeye's and Starbucks. Single-family residential uses are located to the south and to the east in the Small Lot Residential (RS-2) zone. Proposed Use The applicant is proposing to open a new sushi restaurant in the 1,890 square -foot commercial suite. The floor plan provided with this application shows 41 seats, seven of which would be at a sushi counter. The applicant wishes to sell beer and wine in the restaurant, which requires a CUP. Alcohol would be delivered to the table upon request. Proposed operation and alcohol sales hours are 11:00 a.m. to 10:00 p.m. daily. No live entertainment is proposed. Analysis Section 18.30.050 of the National City Land Use Code allows for on -site alcohol sales with an approved CUP. Additional requirements for alcohol CUPs 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. A total of 629 people were notified by mail of this public hearing. Community Meeting — Pursuant to Section 18.30.050 (C), a community meeting was held Monday, September 12, 2016 at 6:30 p.m. at the subject restaurant. The meeting advertisement is attached. Three people were in attendance, including the applicant. Distance Requirements — Chapter 18.030.050 (D) requires a 660-foot distance from sensitive uses such as schools. However, restaurants with greater than 30% of their area devoted to seating (which applies in this case) are exempt from these distance requirements. There are no schools within 660 feet. The nearest school is Palmer Way Elementary School, which is located approximately a half -mile away. Attachment 1 225 of 521 Required findings The Municipal Code contains required findings for CUPs. There are six required findings: 1. The proposed use is allowable within the applicable zoning district pursuant to a CUP and complies with all other applicable provisions of the Land Use Code. The use is allowable within the MXD-2 zone pursuant to a CUP, and the proposed use meets 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 CUP, by the Land Use Code, which is consistent with the General Plan. A restaurant use is consistent with the Major Mixed - Use land use designation contained in the Land Use and Community Character (LU) 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 commercial space, 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 food, no measurable increase in traffic is expected. 4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints. The proposed use would be accessory to a restaurant use, which will be 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. 226 of 521 The proposed use will be compatible with other nearby businesses. In addition, the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA). The project is not considered a project under CEQA, as no development is proposed. In addition, the proposed use is similar to other commercial uses in the area, which are permitted by right in the mixed -use zones. 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. In this case the alcohol sales will contribute to the viability of a restaurant, an allowed use in the MXD-2 zone. Department and Agency comments Alcohol Sales Concentration/Location — Per ABC, there are currently no existing on - sale licenses and three off -sale authorized for Census Tract (120.03). For reference, the off -sale alcohol outlets in the census tract are: Name Address License Type* CUP The Liquor Bottle 2605 E 18m St. 21 - Imperial Liquor 3106 E 16t" St. 21 - 7 Eleven 3100E Plaza Blvd 21 - * Type 20 — Off -Sale Beer and Wine Type 21 - Off -Sale General Census tract 120.03 includes the area between Interstate 805 and Harbison Avenue, and between E. Plaza Blvd. and E. 18th St. The attached census tract map shows the location of the subject tract. Per ABC there are currently three off -sale licenses in this census tract (120.03) where a maximum of four are recommended. Again, there are no on -sale licenses in the census tract. 227 of 521 Police Department The Alcohol Beverage Control Risk Assessment provided by the Police Department allocated a total of 11 points, which would be considered a Low Risk. Impacts with regards to the issuance of an on -sale ABC License at this location are not expected. Institute for Public Strategies (IPS) IPS recommends that if the CUP is approved, owners, management, and staff be required to attend Responsible Beverage Sales and Service (RBSS) training (covered under condition no. 11). Comments are attached for your review. Building Division Comments were provided by the Building Division, which require any plans for future construction to comply with the current editions of the California Building, Electrical, Plumbing, Mechanical, Energy and Fire Codes. Conditions of Approval Standard Conditions of Approval have been included with this permit, as well as conditions specific to on -sale alcohol sales per Council policy 707 (alcohol incidental to food, hours of operation, RBSS training, etc.). Planning Commission Action The Planning Commission conducted a public hearing on December 5, 2016 and voted to approve the CUP by a vote of five to zero; one member was absent and one member abstained. City Council Action The City Council ("Council") considered a Notice of Decision for this item at their meeting of January 17, 2017 at which time the Council held the item over for a public hearing in order to include additional conditions regarding on -sale alcohol. Previously only two conditions were provided regarding on -sale alcohol. Currently, two new conditions from City Council Policy 707 have been added. Summary The proposed use is consistent with the General Plan because alcohol sales for on -site consumption are a conditionally -allowed use in the MXD-2 Zone. The proposed use would be accessory to a restaurant use in an existing commercial area, which is not expected to increase the demand for parking or other services on the property. The addition of alcohol sales is not expected to have any significant effects on the area. 228 of 521 OPTIONS The options available to the City Council are as follows: 1. Approve the item subject to the attached recommended findings and conditions of approval; or 2. Deny the item subject to findings to be made by the City Council; or, 3. Continue the item in order to request additional information. 229 of 521 RECOMMENDED FINDINGS FOR APPROVAL 2016-26 CUP — 2220 East Plaza Blvd., Suite C & D 1. That the proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because alcohol sales for on -site consumption are a conditionally -allowed use in the Major Mixed Use District. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, because alcohol sales are permitted, subject to a Conditional Use Permit, by the Land Use Code, which is consistent with the General Plan. In addition, a restaurant use is consistent with the Major Mixed -Use land use designation contained in the Land Use and Community Character (LU) element of the General Plan. Furthermore, the property is not within a Specific Plan area. 3. That the design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because no expansion is proposed, and the use would be accessory to a proposed restaurant in an existing commercial area. 4. That the site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, since the property is already fully developed and the proposed use would be accessory to a proposed restaurant use in an existing commercial area, which is not expected to increase the demand for parking on the property. 5. That granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the proposed use will be compatible with other nearby businesses; and because the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, because it has been determined that the proposed use is not a project per the Act. There is no calculable increase in traffic and no other impacts are anticipated; therefore, the project would not result in any physical changes to the environment. Attachment 2 230 of 521 7 That the proposed use is deemed essential and desirable to the public convenience or necessity, because alcohol sales will contribute to the viability of a restaurant, an allowed use in the Major Mixed -Use District (MXD-2) zone. 8. That based on findings 1 through 7 above, public convenience and necessity will be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. 231 of 521 RECOMMENDED CONDITIONS OF APPROVAL 2016-17 CUP —1803 Highland Avenue General 1. This Conditional Use Permit authorizes the sale of beer at a restaurant to be located at 2220 East Plaza Blvd., Suite C & D. Plans submitted for permits associated with this project shall conform to Exhibit A, case file no. 2016-26 CUP, dated 9/21/2016. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the City Manager or assign prior to recordation. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the Califomia Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 4. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in the Municipal Code. 5. 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. 6. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. Building 7. Plans submitted for improvements must comply with the current edition of the Califomia Building, Electrical, Plumbing, Mechanical, Energy and Codes. The City currently utilizes the 2013 editions. Attachment 3 232 of 521 Fire 8. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA). 9. Ail required signage shall be designed and installed to the Fire Department's specifications. 10. The National City Fire Department shall be involved with all fire inspections for this site. Rough inspections are required for all phases of work. Planning 11. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 12. The sale of alcoholic beverages shall be permitted only between the hours of 11:00 a.m. and 10:00 p.m. 13.The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgement to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 14. Alcohol shall be available only in conjunction with the purchase of food. 233 of 521 2016-26 CUP - 2220 East Plaza Blvd. Ste. C & D - Overhead Attachment 4 234 of 521 bz n; { u 1 ,, _ _ L[ al'In r„SY � P L) J! 1 is • igtr Y7t ht �1 } • ..fir r;k 'Y, i't Fif lF. .. ► F F EXISTING FLOOR PLAN Attach 235 of 521 r.+ emit w14'• r-a- 1 rwi f ^ 1 ._, .7I-a'. 1 E an% A SE FILE . 0(6-2t, C' ' T : alt.1(-2016 Title: Item no. 3 December 5, 2016 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT PUBLIC HEARING — CONDITIONAL USE PERMIT FOR ALCOHOL SALES AT A NEW SUSHI RESTAURANT TO BE LOCATED AT 2220 EAST PLAZA BOULEVARD, SUITE C&D Case File No.: 2016-26 CUP Location: Southeast comer of East Plaza Boulevard and Grove Street Assessor's Parcel No.: 557-380-66 Staff report by: Jessica Madamba — Planning Technician Applicant: Jason Kim Property owner: Charles Yablon Zoning designation: MXD-2 — Major Mixed -Use District Adjacent land use/zoning: North: Popeye's Restaurant / Starbucks Coffee / MXD-2 East: Single Family Residential 1 RS-2 (Small Lot Residential) South: Single Family Residential / RS-2 West: McDonald's Restaurant across Grove St. / MXD-2 Environmental review: Not a project per CEQA Staff recommendation: Approve Attachment 6 237 of 521 BACKGROUND The property owner has applied for a Conditional Use Permit (CUP) to sell beer and wine at a new restaurant, Sushi Loco. Business operating hours, as well as alcohol sales, would be from 11 a.m. to 10 p.m. daily. A Type 41 (On -Sale Beer and Wine) license is concurrently being processed with the California Department of Alcoholic Beverage Control (ABC). Site Characteristics The project location is Grove Plaza, located at 2220 E. Plaza Blvd., in the Major Mixed - Use District (MXD-2) zone. The premises are a 1,890 square -foot suite, which has historically been two separate suites (C & D), within the center. The area is adjacent to other commercial uses including Popeye's and Starbucks. Single-family residential uses are located to the south and to the east in the Small Lot Residential (RS-2) zone. Proposed Use The applicant is proposing to open a new sushi restaurant in the 1,890 square -foot commercial suite. The floor plan provided with this application shows 41 seats, 7 of which would be at a sushi counter. The applicant wishes to sell beer and wine in the restaurant, which requires a Conditional Use Permit (CUP). Alcohol would be delivered to the table upon request. Proposed operation and alcohol sales hours are 11:00 a.m. to 10:00 p.m. daily. No live entertainment is proposed. Analysis Section 18.30.050 of the National City Land Use Code allows for on -site alcohol sales with an approved 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. 629 people were notified by mail of this public hearing. Community Meeting — Pursuant to Section 18.30.050 (C), a community meeting was held Monday, September 12, 2016 at 6:30 pm at the subject restaurant. The meeting advertisement is attached. Three people were in attendance, including the applicant. Distance Requirements — Chapter 18.030.050 (D) requires a 660-foot distance from sensitive uses such as schools. However, restaurants with greater than 30% of their area devoted to seating (which applies in this case) are exempt from these distance requirements. There are no schools within 660 feet. The nearest school is Palmer Way Elementary School, which is located approximately a half -mile away. 238 of 521 Required findings The Municipal Code contains required findings for Conditional Use Permits. There are six required findings: 1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code. The use is allowable within the Major Mixed -Use District zone pursuant to a Conditional Use Pemrit, and the proposed use meets 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 restaurant use is consistent with the Major Mixed -Use land use designation contained in the Land Use and Community Character (LU) 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 commercial space, 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 food, no measurable increase in traffic is expected. 4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints. The proposed use would be accessory to a restaurant use, which will be 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. 239 of 521 The proposed use will be compatible with other nearby businesses. In addition, the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. 6. That the proposed project has been reviewed in compliance with the Califomia Environmental Quality Act. The project is not considered a project under CEQA, as no development is proposed. In addition, the proposed use is similar to other commercial uses in the area, which are permitted by right in the mixed -use zones. 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. In this case the alcohol sales will contribute to the viability of a restaurant, an allowed use in the Major Mixed -Use District (MXD-2) zone. Department and Agency comments Alcohol Sales Concentration/Location — Per ABC, there are currently no existing on - sale licenses and three off -sale authorized for Census Tract (120.03). For reference, the off -sale alcohol outlets in the census tract are: Name Address License Type* CUP The Liquor Bottle 2605 E 18th St. 21 - Imperial Liquor 3106 E 16th St. 21 - 7 Eleven 3100 E Plaza Blvd 21 - * Type 20 — Off -Sale Beer and Wine Type 21 - Off -Sale General Census tract 120.03 includes the area between Interstate 805 and Harbison Avenue, and between E. Plaza Blvd. and E. 18th St. The attached census tract map shows the location of the subject tract. Per State Alcoholic Beverage Control (ABC) there are currently three off -sale licenses in this census tract (120.03) where a maximum of four are recommended. Again, there are no on -sale licenses in the census tract. 240 of 521 Police Department The Alcohol Beverage Control Risk Assessment provided by PD allocated a total of 11 points, which would be considered a Low Risk. Impacts with regards to the issuance of an on -sale ABC License at this location are not expected. Institute for Public Strategies (IPS) The Institute for Public Strategies recommends that if the CUP is approved that owners, management, and staff be required to attend Responsible Beverage Sales and Service training (covered under condition no. 11). Comments are attached for your review. Buildinq Division Comments were provided by the Building Division, which require any plans for future construction to comply with the current editions of the California Building, Electrical, Plumbing, Mechanical, Energy and Fire Codes. Conditions of Approval Standard Conditions of Approval have been included with this permit, as well as conditions specific to on -sale alcohol sales per Council policy 707 (alcohol incidental to food, hours of operation, RBSS training, etc.). Summary The proposed use is consistent with the General Plan because alcohol sales for on -site consumption are a conditionally -allowed use in the Major Mixed -Use District Zone. The proposed use would be accessory to a restaurant use in an existing commercial area, which is not expected to increase the demand for parking or other services on the property. The addition of alcohol sales is not expected to have any significant effects on the area. OPTIONS 1. Approve 2016-26 CUP subject to the attached conditions, and based on attached findings or other findings as determined by the Planning Commission; or 2. Deny 2016-26 CUP based on findings as determined by the Planning Commission; or 3. Continue the item for additional information 241 of 521 ATTACHMENTS 1. Recommended Findings 2. Recommended Conditions 3. Overhead 4. Department and Agency Comments 5. Census Tract Map 6. Public Hearing Notice (Sent to 629 property owners and Occupants) 7. Community meeting advertisement, sign -in sheet, and minutes 8. Applicant's Plans (Exhibits A, Case File No. 2016-26 CUP, dated 9/21/2016) JESSICA MADAMBA Planning Technician BRAD RAULSTON Deputy City Manager 242 of 521 RECOMMENDED FINDINGS FOR APPROVAL 2016-26 CUP — 2220 East Plaza Blvd., Suite C & D 1 That the proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because alcohol sales for on -site consumption are a conditionally -allowed use in the Major Mixed Use District. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, because alcohol sales are permitted, subject to a Conditional Use Permit, by the Land Use Code, which is consistent with the General Plan. In addition, a restaurant use is consistent with the Major Mixed -Use land use designation contained in the Land Use and Community Character (LU) element of the General Plan. Furthermore, the property is not within a Specific Plan area. 3. That the design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because no expansion is proposed, and the use would be accessory to a proposed restaurant in an existing commercial area. 4. That the site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, since the property is already fully developed and the proposed use would be accessory to a proposed restaurant use in an existing commercial area, which is not expected to increase the demand for parking on the property. 5. That granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons. property, or improvements in the vicinity and zone in which the property is located, because the proposed use will be compatible with other nearby businesses; and because the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, because it has been determined that the proposed use is not a project per the Act. There is no calculable increase in traffic and no other impacts are anticipated; therefore, the project would not result in any physical changes to the environment. 243 of 521 7 That the proposed use is deemed essential and desirable to the public convenience or necessity, because alcohol sales will contribute to the viability of a restaurant, an allowed use in the Major Mixed -Use District (MXD-2) zone. 8. That based on findings 1 through 7 above, public convenience and necessity will be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. 244 of 521 RECOMMENDED CONDITIONS OF APPROVAL 2016-26 CUP — 2220 East Plaza Blvd., Suite C & D General 1. This Conditional Use Permit authorizes the sale of beer at a restaurant to be located at 2220 East Plaza Blvd., Suite C & D. Plans submitted for permits associated with this project shall conform to Exhibit A, case file no. 2016-26 CUP, dated 9/21/2016. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the City Manager or assign prior to recordation. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 4. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in the Municipal Code. 5. 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. 6. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. Building 7. Plans submitted for improvements must comply with the current edition of the California Building, Electrical, Plumbing, Mechanical, Energy and Codes. The City currently utilizes the 2013 editions. 245 of 521 Fire 8. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA). 9. All required signage shall be designed and installed to the Fire Department's specifications. 10. The National City Fire Department shall be involved with all fire inspections for this site. Rough inspections are required for all phases of work. Planning 11. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 12. The sale of alcoholic beverages shall be permitted only between the hours of 11:00 a.m. and 10:00 p.m. 246 of 521 NATIONAL CITY POLICE DEPARTMENT ALCOHOL BEVERAGE CONTROL RISK ASSESSMENT DATE: 10/1 9/2016 BUSINESS NAME: Sushi Loco Restaurant ADDRESS: 2220 East Plaza Boulevard, Suites C & D, National City, CA 91950 OWNER NAME: Jason Jae Hoon Kim DOg: 07/15/1967 OWNER ADDRESS: 1485 Bradley Place, Chula Vista, CA 91911 (add additional owners on page 2) I. Type of Business Restaurant (1 pt) Market (2 pts) Bar/Night Club (3 pts) Tasting Room (lpt) Ii. Hours of Operation Daytime hours (1 pt) ,/ Close by 1 1pm (2 pts) Close after l 1pm (3 pts) III. Entertainment Music (1 pt) Live Music (2 pts) Dancing/Live Music (3 pts) • No Entertainment (0 pts) IV. Crime Rate Low (1 pt) Medium (2 pts) • High. (3 pts) V. Alcohol Businesses per Census Tract Below (1 pt) • Average (2 pts) Above (3 pts) Revised: 8/16. 1 of 2 247 of 521 5o(.,IT11 I5AY CklmONZC,i NmTY CMMANGE. r Lr_..CT -y A rroject of the Institute for F'ubiic 5trateggies •-• Environmental Scan for Alcohol License C.U.P. Sushi Loco 2220 E. Plaza Blvd., National City, CA 91950 October 18, 2016 Photo Sushi Loco in National City Google Earth View of 2220 E. Plaza Blvd. and Surrounding Area This environmental scan is for a Conditional Use Permit for to sell beer & wine at Sushi Loco located at 2220 E. Plaza Blvd., National City. The business is located east of the 805 Freeway. An environmental scan was conducted on Tuesday, October 18, 2016. The proposed Sushi Loco Restaurant will be located in an existing commercial building with multiple suites on the southeast comer of East Plaza Boulevard and Grove Street in the Major Mixed -Use District (MXC- 2) zone. The applicant is proposing to sell beer and wine at a new restaurant in Suites C and D, a 1,890 square -foot commercial space. The business will operate seven days a week, from l la.m. to 10 p.m. Youth Sensitive Areas The business is not located near any youth sensitive areas. Churches There are were no churches noted in the immediate area of the business. Funded by the San Diego County Health and Human Services Agency 2615 Camino del Rio So. #300 ` San Diego, California, 92108 • Phone: 619.476-9100 * Fax: 619.476-9104 www.publicstrategies.org 248 of 521 Census Tracts Off -Sale On -Sale Tract 120.03 Establishment is within this tract Allowed: 2 Actual: 3 Number Above/Below Allowable: - Allowed: 4 Actual: 0 Above/Below: -4 Neighboring Census Tracts Tract 120.02 Allowed: 2 Actual: 2 Number Above/Below Allowable: -- Allowed: 4 Actual: 2 Above/Below: -2 Crime Rate Refer to National City Police Department for crime data. Considerations Should a CUP be issued we would recommend that: Staff management, and owner be required to attend the Responsible Beverage Sales and Service training. me South Bay Community Change Project is a project of the Institute for Rubric Strategies and is funded by the San Diego County Health and Human Service Agency 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.47&-9100 • Fax: 619,476.9104 wiwarig iivitralagioe_in 249 of 521 a 1:3:1 CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT October 3, 2016 -or-.CALIFORNIA •- 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 To: Planning Division From: Building Division Subject: Case File No. 2016-26 2220 East Plaza Blvd. The proposed 1890 square foot restaurant at the location listed above shall be constructed as per the 2013 California Building, Electrical, Plumbing, Mechanical, Energy and Fire Codes if plans are submitted prior to the end of 2016. If plans are submitted on or after January 1, 2017, they shall comply with the 2016 California Building Codes. If you have any questions regarding this matter please contact me at 619-336-4214, thank you. Luis Sainz Building Official 250 of 521 August 25, 2014 CensusTracts 2010 1:45,467 0 0.375 0.75 1.5 nV F r.` ', ti I r, 0 0.5 1 2 km sources: Eui, HERE, DeLomme, TbmTen, tMenap, increment P C. oEeco, u3GS, FAO, PS, NRCAN, Geo5s$q, IQN, Ksdeeler NL, Oninerps Sirvei', Earl Japan, METt, Eai Cline (tbng Kamp, Mokpo, Mcpmyindie.O OpenSteeMepcoMribulore, and beGIS UeerComrmnity 251 of 521 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR ALCOHOL SALES AT A NEW SUSHI RESTAURANT TO BE LOCATED AT 2220 EAST PLAZA BOULEVARD, SUITE C & D. CASE FILE NO.: 2016-26 CUP APN: 527-380-66 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, December 5, 2016, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Jason Kim) The applicant wishes to sell beer and wine at a new sushi restaurant, Sushi Loco, in an existing commercial suite. The business operating hours, as well as alcohol sales will be from 11 a.m. to 10 p.m. daily. No construction is proposed. 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., December 5, 2016 by the Planning Department, who can be contacted at 619-336-4310 or plannincanationalcitvca.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 deiiveied to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DEPARTMENT BRAD RAULSTON Deputy City Manager 252 of 521 COMMUNITY MEETING Subject: Conditional Use Permit (Beer & Wine License) Date: September 12, 2016 Time: 6:30PM Location: Sushi Loco 2220 E Plaza Blvd National City, CA 91950 We will be holding a community meeting, regarding about the Conditional Use Permit (Beer & Wine License) September 12, 2016. Sushi Loco is a Japanese restaurant that will be located in the Grove Plaza Mall and the Beer & Wine License authorizes the sale of beer and/or wine for consumption at Sushi Loco. If you are interested or have any questions, feel free to come by to Sushi Loco at 6:30Pm on September 12, 2016. 253 of 521 V,z /zo/‘ Guest list Print name signature address .c..,,,,„,,) (27,„ &SCZX------___-'W2.61/•_SSQ RAZ,_c c.---r.czurits S �Jtss -Jo r�r� E1.,zo. 'I 4 G,p mair-" o- 41 (fly 1/? /-;-/7 , 31-7 ,, ate. e--� -p/ata , , , -. 'Jar i:30 P M 6n0(: ( 20 M,',uk 4r 254 of 521 RESOLUTION NO. 2016-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR ALCOHOL SALES AT A NEW SUSHI RESTAURANT TO BE LOCATED AT 2220 EAST PLAZA BOULEVARD, SUITE C & D. CASE FILE NO. 2016-26 CUP APN: 557-380-66 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for beer and wine sales at a new restaurant to be located at 2220 East Plaza Boulevard, Suite C & D at a duly advertised public hearing held on December 5, 2016, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff repc..rt contained in Case File No. 2016-26 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on December 5, 2016, support the following findings: 1. That the proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because alcohol sales for on -site consumption are a conditionally -allowed use in the Major Mixed Use District. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, because alcohol sales are permitted, subject to a Conditional Use Permit, by the Land Use Code, which is consistent with the General Plan. In addition, a restaurant use is consistent with the Major Mixed -Use land use Attachment 7 255 of 521 designation contained in the Land Use and Community Character (LU) element of the General Plan. Furthermore, the property is not within a Specific Plan area. 3. That the design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because no expansion is proposed, and the use would be accessory to a proposed restaurant in an existing commercial area. 4. That the site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, since the property is already fully developed and the proposed use would be accessory to a proposed restaurant use in an existing commercial area, which is not expected to increase the demand for parking on the property. 5. That granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the proposed use will be compatible with other nearby businesses; and because the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, because it has been determined that the proposed use is not a project per the Act; There is no calculable increase in traffic and no other impacts are anticipated; therefore, 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 alcohol sales will contribute to the viability of a restaurant, an allowed use in the Major Mixed -Use District (MXD-2) zone. 8. That based on findings 1 through 7 above, public convenience and necessity will be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 256 of 521 General 1. This Conditional Use Permit authorizes the sale of beer at a restaurant to be located at 2220 East Plaza Blvd., suite C & D. Plans submitted for permits associated with this project shall conform to Exhibit A, case file no. 2016-26 CUP, dated 9/21/2016. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shalt automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the City Manager or assign prior to recordation. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the Califomia Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 4. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in the Municipal Code. 5. 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. 6. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. Building 7. Plans submitted for improvements must comply with the current edition of the California Building, Electrical, Plumbing, Mechanical, Energy and Codes. The City currently utilizes the 2013 editions. Fire 8. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA). 9. All required signage shall be designed and installed to the Fire Department's specifications. 257 of 521 10. The National City Fire Department shall be involved with all fire inspections for this site. Rough inspections are required for all phases of work. Planning 11. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 12. The sale of alcoholic beverages shall be permitted only between the hours of 11:00 a.m. and 10:00 p.m. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of December 5, 2016, by the following vote: AYES: Bush, Yamane, Garcia, Baca, Sendt NAYS: None ABSENT: 1lidaeaz ABSTAIN: Flores ": AIRPERSON 258 of 521 CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk NOTICE OF 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 a.m., Tuesday, February 7, 2017, in the City Council Chambers, Civic Center, 1243 National City Blvd., National City, CA., to consider: CONDITIONAL USE PERMIT FOR ALCOHOL SALES AT A NEW SUSHI RESTAURANT TO BE LOCATED AT 2220 EAST PLAZA BOULEVARD SUITE C & D The Planning Commission conducted a public hearing at their meeting of December 5, 2016 and voted to recommend approval of the Conditional Use Permit with five members voting In Favor, one member Abstaining and one member 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 Councii of the City of National City at, or • 'or to, the Public Hearing. January 25, 2017 Attachment 8 Michael ` .%alla, CMC City Clerk 259 of 521 CITY COUNCIL POLICY TITLE: Alcohol Beverage License Application Review Process and Alcohol Conditional Use Permit Standards. POLICY NUMBER: 707 ADOPTED: November 12, 1991 AMENDED OR REVISED: August 16, 2011 PURPOSE/BACKGROUND: To streamline the process of alcohol license application review to ensure timely staff responses and/or protests to the Department of Alcoholic Beverage Control regarding these applications. The City Municipal Code requires Conditional Use Permits for the sale of alcohol. Such land use regulation is designed to ensure that the health, safety and welfare of the community do not become negatively impacted. In order to minimize any potential adverse effects of alcohol sales for both on and off -site consumption, including public drunkenness, disorderly conduct, illegal sales or domestic violence, the City adopts conditions of approvals and enact policies designed to protect the public from such effects. The following sets forth the City Council's policy on the applicable alcohol standards for Conditional Use Permit applications for both on and off -sale alcohol sales, as well as the Department of Alcoholic Beverage Control application notification requirements. POLICY: The Department of Alcoholic Beverage Control (ABC) sends copies of all alcoholic beverage license applications to the Police Department. The City has thirty days from the date of the ABC mailing to provide comments to the ABC. If no protests are received within that time period, the ABC issues the license. The Police Department is responsible for ensuring that an appropriate Conditional Use Permit (CUP) exists for the applicant business. If such a CUP exists, the copy of the application is simply filed by the Police Department in the existing file with the notation that there were no objections to the issuance of the license. If it is a new (in the case of an "original" license application) or expanding business or one seeking a license to effect a premises transfer, and no CUP exists, the Police Department is responsible for sending a letter to the ABC protesting the issuance of the license until a CUP is issued by the City. Whenever such a protest letter is sent to the ABC, that agency notifies the applicant that they must begin the process of obtaining a CUP with the City's City of National City — City Council Policy 707 1 Attachment 9 260 of 521 Planning Department and that the issuance of the alcoholic beverage license will be delayed until such time as the protest is withdrawn. Once a CUP has been issued, the Planning Department notifies the Police Department of that issuance and it is then the responsibility of the Police Department to notify the ABC that the protest is withdrawn. The CUP application, approval and issuance process is such that it provides all the checks, balances and controls necessary to ensure that businesses seeking alcoholic beverage licenses are in compliance with local standards. These conditions of approval shall apply to all new Conditional Use Permits (CUP's) for the sale of alcohol for on and/or off -site consumption and modifications of existing CUPs for such sales as specified by the preceding parenthetical references with each condition. These references specify to which type of alcohol CUP being applied for the conditions would apply to — on -sale (restaurant, bar, etc.) or off -sale (market, grocery store, etc.). Regulation of these conditions and allowances shall be enforced through the Conditional Use Permit process, specifically conditions of approval to read as follows: 1. (off -sale alcohol) The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 2. (off -sale alcohol) No beer products shall be sold of less than manufacturer's pre -packaged three -pack quantities of 24 ounce cans per sale. There shall be no sale of single cans or bottles. 3. (off -sale alcohol) No sale of wine or distilled spirits shall be sold in containers of Tess than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 4. (off -sale alcohol) Flavored malt beverages, also known as premium malt beverages and flavored malt coolers, and sometimes commonly referred to as wine coolers, may be sold only by four -pack or other manufacturer's pre- packaged multi -unit quantities. 5. (off -sale alcohol) The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking Tots and outbuildings and any property or adjacent property under the control of the applicant. 6. (off -sale alcohol) Ail cups and containers shall be sold at or above prevailing prices and in their original multi -container packages of no fewer than 12, and no cups and containers shall be given free of charge. 7. (off -sale alcohol) Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge. 8. (off -sale alcohol) The display of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit ._, Case File No. _, dated _. City of National City — City Council Policy 707 2 261 of 521 9. (off -sale alcohol) Permittee shall post signs on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Additionally, the permittee shall post signs, to be approved by the Planning 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." 10. (off -sale alcohol) Containers of distilled spirits may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 11. (off -sale alcohol) Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 12. (off -sale alcohol) The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. 13. (on and off -sale alcohol) All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The .RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 14. (on -sale alcohol) The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement dearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 15. (on -sale alcohol) Alcohol shall be available only in conjunction with the purchase of food. City of National City — City Council Policy 707 3 262 of 521 16.(on-sale alcohol with patio) Permittee shall post signs in the patio dining area, including ail exits to outdoor seating areas, indicating that alcoholic beverages must be consumed inside the restaurant or patio area and may not be taken off -premises. The sale of three -packs of 24-oz cans of beer shall apply retroactively to all existing off -sale CUPs where a condition exists limiting sales to no Tess than six-pack quantities. However, businesses wishing to avail themselves of this modification must conform with all regulations of the Department of Alcoholic Beverage Control (ABC). The Council may, at its sole discretion, choose to waive or modify dny of the above conditions. City of National City — City Council Policy 707 4 263 of 521 CC/CDC-HA Agenda 2/7/2017 — Page 264 The following page(s) contain the backup material for Agenda Item: An Ordinance of the City Council of the City of National City establishing the Compensation of the Mayor and the City Council. (City Attorney) 264 of 521 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 7, 2017 AGENDA ITEM NO. ITEM TITLE: An Ordinance of the City Council of the City of National City establishing the Compensation of the Mayor and the City Council. PREPARED BY: George H. Eiser, III DEPARTMENTS: City Attorney PHONE: Ext. 4222 APPROVED BY: 7)ti EXPLANATION: Please see attached memorandum. FINANCIAL STATEMENT: ACCOUNT NO. 001-401-000-1 ** (salaries & benefits) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: X APPROVED: APPROVED: FY 17 (4'/2 mos) FY 18 FY 19 Total Finance MIS $4,750 $12.900 $13,100 $30,750 FINAL ADOPTION: STAFF RECOMMENDATION: Introduce proposed ordinance. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Memorandum Proposed ordinance 265 of 521 Mayor Ron Morrison Council Members Jerry Cano Alejandra Sotelo-Solis Mona Rios Albert Mendivil TO: CALIFORNIA NATIONAL CUT Inv oNCORpowas Office of the City Attorney MEMORANDUM Interim City Attorney George H. Eiser, III Senior Assistant City Attorney Nicole Pedone Deputy City Attorney Roberto M. Contreras Mayor and City Council DATE: February 7, 2017 FROM: Interim City Attorney Deputy City Manager Stevenson SUBJECT: Adjustments in Compensation for Mayor and City Council At the City Council meeting of December 20, 2016, following the certification of the November 8, 2016 election results, Councilmembers Sotelo-Solis and Cano began new terms after reciting the oath of office. At the December 20 meeting, and at the Council meeting of January 17, 2017, the City Council considered salary adjustments for the Mayor and members of the Council, pursuant to Government Code Sections 36516.1 and 36516.5. At the January 17 meeting, the City Council approved a motion to increase the Mayor's salary by 10%, to $4,532.13 per month, and the salaries of the members of the City Council by 10 %, to $1,189.78 per month. The proposed ordinance would memorialize the action of the City Council. p/1,gi George H. Eiser, III Interim City Attorney Statt Report— Januf24b/Nitldnal City Boulevard; Naltional City, California 91 4 is in compensation Ordinance Tel.: (619) 336-4220 Fax: (619) 336-4327 for Mayor and City Council 266 of 521 ORDINANCE NO. 2017 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING THE COMPENSATION OF THE MAYOR AND CITY COUNCIL BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. That the base monthly compensation for the City Council is established at $1,189.78 per month, pursuant to the provisions of Sections 36516 and 36516.5 of the California Government Code. Section 2. That the base monthly compensation for the Mayor is established at $5,416.66 per month, pursuant to the provisions of Sections 36516.1 of the California Government Code. PASSED and ADOPTED this day of , 2017. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Ron Morrison, Mayor 267 of 521 CC/CDC-HA Agenda 2/7/2017 — Page 268 The following page(s) contain the backup material for Agenda Item: An Ordinance of the City Council of the City of National City amending Title 16 of the National City Municipal Code by renumbering Chapter 16.09 to Chapter 16.10 and adding a new Chapter 16.09 establishing a Veterans and Military Families Advisory Committ 268 of 521 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 7, 2017 AGENDA ITEM NO. ITEM TITLE: An ordinance of the City Council of the City of National City amending Title 16 of the National City Municipal Code by renumbering Chapter 16.09 to Chapter 16.10 and adding a new chapter 16.09 establishing a Veterans and Military Families Advisory Committee. PREPARED BY: Lauren Maxilom, Management Analyst II DEPARTMENT: City Manager's Office APPROVED BY: EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. n/a ENVIRONMENTAL REVIEW: n/a ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Introduce the ordinance BOARD / COMMISSION RECOMMENDATION: n/a ATTACHMENTS: 1) Staff report 2) Proposed ordinance 3) Staff report from the October 4, 2016 City Council meeting 269 of 521 2/7/17 Staff report An ordinance of the City Council of the City of National City amending Title 16 of the National City Municipal Code by renumbering Chapter 16.09 to Chapter 16.10 and adding a new chapter 16.09 establishing a Veterans and Military Families Advisory Committee. 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. During the October 4, 2016 City Council meeting the Council accepted a report from the Military Advisory Committee on establishing a Veterans and Military Families Advisory Committee. Before you this evening is an ordinance for introduction to include the Veterans and Military Families Advisory Committee to the National City Municipal Code. Some important areas to highlight in this ordinance are: • 11 member volunteer Committee • Committee members may be residents or non-residents • Meetings will be held quarterly (at a minimum) • Committee would be supported by City staff After introduction, the ordinance will be brought back to Council for adoption. The City Clerk will advertise the new committee openings on the City bulletin board, website, and in the San Diego Union Tribune. Additionally we will use social media to advertise following with a press release. Applicants will then be scheduled for interviews at upcoming City Council meetings. Staff Recommendation: Introduce the ordinance for introduction. 1 270 of 521 10/4/16 Staff report 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. • The National City Chamber of Commerce honors our military with the annual City co -sponsored "Salute to Navy" luncheon. • La Vista Memorial Park's annual Memorial Day event honors the men and women who died while serving in the United States Armed Forces. • The 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. 1 271 of 521 • 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". 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 less 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. 2 272 of 521 • September 2013 - the City Council discussed forming a military advisory committee to provide a collaborative forum on events and issues of interest to active duty service members and retired military veterans. While the City Council did not take action on the item, Councilmembers Rios and Sotelo-Solis offered to work together to refine the purpose and framework for consideration at a later date. • 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 FerriII — 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 3 273 of 521 • Armando Telles — US Marine Corps Veteran, and advocate for veterans' and military families • Bill York - Executive Vice President, 211 San Diego City staff included Management Analyst Lauren Maxilom, Deputy City Clerk/Executive 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 resource(s). 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: 4 274 of 521 Partnership Education Awareness Connections Engagement 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) 5. 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 5 275 of 521 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, 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.org 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.gov For more information about community resources for veterans, active duty military and their families, please dial 2-1-1 or go to www.211 sandiego.orq to access programs such as "Courage to Call" or "Vets' Community Connections". 276 of 521 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 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. 7 277 of 521 ORDINANCE NO. 2017 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 1 6 OF THE NATIONAL CITY MUNICIPAL CODE BY RENUMBERING CHAPTER 16.09 TO CHAPTER 16.10 AND ADDING A NEW CHAPTER 16.09 ESTABLISHING A VETERANS AND MILITARY FAMILIES ADVISORY COMMITTEE WHEREAS, 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 its purpose and responsibilities; and WHEREAS, the working group presented a report to the City Council at the October 4, 2016 City Council meeting regarding the creation of a Veterans and Military Families Advisory Committee (the "Committee") made up of volunteers charged with advising the City Council on matters related to the support of our veterans and military community, making 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 providing a forum for discussion of issues relating to veterans and military families; and WHEREAS, the Committee would also 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. NOW THEREFORE, the City Council of the City of National City does ordain as follows: Section 1. Title 16 of the National City Municipal Code is amended by amending the Table of Contents to read as follows: Chapters: 16.01 16.02 16.03 16.04 16.05 16.06 16.07 16.08 16.09 16.10 TITLE 16 City Boards, Commissions, and Committees Civil Service Commission Committee on Housing and Community Development Community and Police Relations Commission Park, Recreation, and Senior Citizen's Commission Planning Commission Public Art Committee Traffic Safety Committee Veterans and Military Families Advisory Committee Provisions applicable to all Boards, Commissions, and Committees 278 of 521 Section 2. Chapter 16.09 is added to Title 16 of the National City Municipal Code to reads as follows: 16.09 VETERANS AND MILITARY FAMILIES ADVISORY COMMITTEE Sections: 16.09.010 Created 16.09.020 Purpose 16.09.030 Term — Vacancy 16.09.040 Chair — Offices — Staff support 16.09.050 Bylaws and operating procedures 16.09.060 Meetings — Functions and authority 16.09.070 Residency requirement — Compensation 16.09.010 Created. Pursuant to the authority granted by Sections 36505 — 36506 of the California Government Code, there is hereby created a veterans and military families advisory committee, consisting of eleven (11) members to be appointed by the mayor subject to confirmation by the city council, and serving at the pleasure of the mayor and city council. 16.09.020 Purpose. The National City Veterans and Military Families Advisory Committee serves 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 makes 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 provide a forum for discussion of issues relating to veterans and military families. The Committee provides advice and assistance to National City residents regarding resources available for veterans, military personnel, and their families. The Committee acts as a conduit of communication and coordination between the local veteran and military community, and the City of National City. The Committee's 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 serving as a liaison between the City of National City and community partners. 16.09.020 Term — Vacancy. A. The members of the veterans and military families advisory committee shall be appointed for staggered terms of four (4) years. Ordinance No. 2017 - 2 Veterans and Military Families Adding NCMC Chapter 16.09 279 of 521 Advisory Committee B. If a vacancy occurs other than by expiration of a term, such vacancy shall be filled by appointment for the unexpired portion of said term in the same manner as original appointments are made. C. In the event of expiration of a term, the member of the committee whose term has expired shall continue to serve until their successor is appointed and sworn into office. 16.09.030 Chair — Offices — Staff support. The veterans and military families advisory committee shall annually elect its chair from among the appointed members and, subject to the provisions of law, may create and fill such other offices as it deems necessary. The city council shall provide such staff assistance as the council deems appropriate. 16.09.040 Bylaws and operating procedures. The veterans and military families advisory committee may adopt bylaws and operating procedures from time to time, provided that if any provision of such bylaws or operating procedures conflicts with this Chapter 16.09, this Chapter shall prevail. The bylaws shall contain provisions relating to attendance of committee members. 16.09.050 Meetinqs—Functions and authority. A. The veterans and military families advisory committee shall hold at least one regular meeting each quarter, and shall keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record unless the city attorney determines otherwise. Any regular meeting may be dispensed with by a majority vote of the committee. Special meetings as are necessary may be called by the chair or a majority of the members of the committee after at least twenty-four hours' written notice has been posted and served upon the members of the committee. All meetings shall be conducted in compliance with the Ralph M. Brown Act (the "Open Meeting Law", California Government Code Section 54950 et seq.). B. The committee shall investigate, consider, and act upon all matters referred to it by appropriate public officials or agencies or private citizens concerning members of the military, military veterans, and their families residing in the city; and conduct such investigations and prepare such reports as it is directed so to do by the city council; conduct investigations and prepare such reports as it deems appropriate upon request of responsible private citizens or organizations. C. A quorum to conduct business consists of a majority of the members of the committee. D. A majority of a quorum is necessary to act upon a matter. 16.09.060 Residency requirement —Compensation. The members of the veterans and military families advisory committee may be residents or non-residents of the city and need not be electors of the city. Committee members shall serve without compensation, except that the city council may from time to time pay such expenses of committee members that are incurred during the conduct of committee business as the council deems appropriate. [Signature Page to Follow] Ordinance No. 2017 - 3 Veterans and Military Families Adding NCMC Chapter 16.09 280 of 521 Advisory Committee PASSED and ADOPTED this day of , 2017. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Ordinance No. 2017 - 4 Veterans and Military Families Adding NCMC Chapter 16.09 Advisory Committee 281 of 521 CC/CDC-HA Agenda 2/7/2017 — Page 282 The following page(s) contain the backup material for Agenda Item: An Ordinance of the City Council of the City of National City adding Chapter 2.74 to the National City Municipal Code pertaining to Ethics Training. (City Attorney) 282 of 521 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 7, 2017 AGENDA ITEM NO, ITEM TITLE: An Ordinance of the City Council of the City of National City adding Chapter 2.74 to the National City Municipal Code pertaining to Ethics Training. PREPARED BY: George H. Eiser, III PHONE: Ext. 4222 EXPLANATION: Please see attached memorandum. DEPARTMENT: City Attorney APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt proposed ordinance. BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Memorandum Proposed ordinance 283ot521 Mayor Ron Morrison Council Members Jerry Cano Alejandra Sotelo-Solis Mona Rios Albert Mendivil TO: FROM: SUBJECT: +ram CALIFORNIA NATIONAL airy ft wconpdailemo Office of the City Attorney MEMORANDUM Mayor and City Council Interim City Attorney Ethics Training Ordinance Interim City Attorney George H. Eiser, III Senior Assistant City Attorney Nicole Redone Deputy City Attorney Roberto M. Contreras DATE: February 7, 2017 Government Code Section 53235 requires that if a local agency, such as the City, provides any type of compensation, salary, stipend, or reimbursement for expenses to members of a legislative body, then all local agency officials shall receive at least two hours of training in ethics every two years. Section 53234 defines "local agency official" as the legislative body, boards and commissions, and elected officials of the local agency who receive such compensation, salary, stipend, or reimbursement for expenses. "Local agency official" also means any employee designated by the local agency legislative body to receive ethics training. The Mayor, members of the City Council, the Chair and members of the Planning Commission, the City Clerk, and the City Treasurer are required by the aforementioned sections of the Government Code to complete a two hour Fair Political Practices Commission approved ethics training session. The proposed ordinance, in addition to confirming the ethics training requirement for the Mayor, City Council, City Clerk, and City Treasurer, would make ethics training required for members of all City boards and commissions, and for all employees who are required to file a Statement of Economic Interests pursuant to the Political Reform Act. / )O 1 . George H. Eiser, III Interim City Attorney 1243 National City Boulevard; National City, California 91950-4397 Tel.: (619) 336-4220 Fax: (619) 336-4327 284 of 521 ORDINANCE NO. 2017 — 2429 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING CHAPTER 2.74 TO THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO ETHICS TRAINING BE IT ORDAINED that Chapter 2.74 is hereby added to Title 2 of the National City Municipal Code to read as follows: CHAPTER 2.74 Ethics Training Sections: 2.74.010 Ethics Training —Required. 2.74.010 Ethics training —Required. The following persons shall receive training required by Government Code Section 53235 at least every two years, in a program approved by the City Manager: A. Mayor and members of the City Council B. City Clerk C. City Treasurer D. Members of all boards and commissions identified in Title 16 of this Code E. All employees who are required to file a Statement of Economic Interests pursuant to the Political Reform Act, Government Code Section 87100, et seq. PASSED and ADOPTED this 7th day of February, 2017. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Ron Morrison, Mayor 285 of 521 CC/CDC-HA Agenda 2/7/2017 — Page 286 The following page(s) contain the backup material for Agenda Item: An Ordinance of the City Council of the City of National City amending Title 15 of the National City Municipal Code to add Chapter 15.82 — Expedited Permit Processing for Electric Vehicle Charging Stations. (Planning) 286 of 521 CITY OF NATIONAL CITY, CALIFORNIA CITY COUNCIL AGENDA STATEMENT MEETING DATE: February 7, 2017 AGENDA ITEM NO. i ITEM TITLE: An Ordinance of the City Council of the City of National City amending Title 15 of the National City Municipal Code to add Chapter 15.82 Expedited Permit Processing For Electric Vehicle Charging Stations. (Planning) PREPARED BY: Raymond Pe PHONE, 4421 EXPLANATION: DEPARTMENT: Plan APPROVED BY: Assembly Bill No. 1236, approved and filed on October 8, 2015, provides that the implementation of consistent statewide standards to achieve the timely and cost-effective installation of electric vehicle charging stations is a matter of statewide concern. AB 1236 requires the City to approve applications for the installation of electric vehicle charging stations through the issuance of specified permits unless the City makes specified written findings that the installation would have an adverse impact on public health or safety and that it would not be feasible to mitigate or avoid the impact. AB 1236 requires the City to adopt an ordinance by September 30, 2017. By increasing the duties of local officials, AB 1236 creates a state -mandated local program. FINANCIAL STATEMENT: Not Applicable. ACCOUNT NO. APPROVED: Finance ENVIRONMENTAL REVIEW: No further action is required under the California Environmental Quality Act since the action, as defined by CEQA, is not considered a project that has the potential to result in either a direct or indirect physical change in the environment. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Ordinance. BOARD / COMMISSION RECOMMENDATION: Not Applicable. ATTACHMENTS: 1. Assembly Bill No. 1236. 2. Draft Ordinance. 287 of 521 STATE PF CMIFORWM +*�k"'"t AUTHENTICATED �..:� Row�uw.rww�.I Assembly Bill No. 1236 CHAPTER 598 An act to add Section 65850.7 to the Government Code, relating to local ordinances. [Approved by Governor October 8, 2015. Filed with Secretary of State October 8, 2015.] LEGISLATIVE COUNSEL'S DIGEST AB 1236, Chia. Local ordinances: electric vehicle charging stations. The Planning and Zoning Law, among other things, requires the legislative body of each county and city to adopt a general plan for the physical development of the county or city and authorizes the adoption and administration ofzomng laws, ordinances, rules, and regulations by counties and cities. Existing law, the Electric Vehicle Charging Stations Open Access Act, prohibits the charging of a subscription fee on persons desiring to use an electric vehicle charging station, as defined, and prohibits a requirement for persons to obtain membership in any club, association, or organization as a condition of using the station, except as specified. The bill would require a city, county, or city and county to approve an application far the installation of electric vehicle charging stations, as defined, through the issuance of specified permits unless the city or county makes specified written findings based upon substantial evidence in the record that the proposed ikon would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The bill woaW provide for appeal ofthat decision to the planning commission, as specified. The bill would provide that the implementation of consistent statewide standards to achieve the timely and cost-effective installation of electric vehicle charging stations is a matter of statewide concern. The bill would require electric vehicle charging stations to meet specified standards. The bill would require a city, county, or city and county with a population of 200,000 or more residents to adopt an ordinance, by September 30, 2016, that creates an expedited and streamlined permitting process for electric vehicle charging stations, as specified The bill would require a city, county, or city and county with a population of less than 200,000 residents to adapt this ordinance by September 30, 2017. The bill would authorize the city, county, or city and colmty, in developing the ordinance, to refer to guid..?ireo contained in a specified guidebook The bill would also authorize the adoption of an ordinance that modifies the checklists and standards found in the guidebook due to unique conditions. By increasing the duties of local officials, this bill would create a state -mandated local program. 92 288 of 521 Ch. 598 — 2 — The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. The people of the State of California do enact as follows: SECTION 1. Section 65850.7 is added to the Government Code, to read: 65850.7. (a) The Legislature finds and declares all of the following: (1) The implementation of consistent statewide standards to achieve the timely and cost-effective installation of electric vehicle charging stations is not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution, but is instead a matter of statewide concern. (2) It is the intent of the Legislature that local agencies not adopt orb that creme unreasonable barriers to the installation of electric vehicle charging stations and not unreasonably restrict the ability of homeowners and agricultural and business concerns to install electric vehicle charging stations. (3) It is the policy of the state to promote and encourage the use of electric vehicle clanging stations and to limit obstacles to their use. (4) It is the intent of the Legislature that local agencies comply not only with the language ofthis section, but also the legislative intent to encourage the installation of electric vehicle charging stations by removing obstacles to, and minimizing costs of, permitting for charging stations so long as the action does not supersede the building official's authority to identify and address higher priority life -safety situations. (b) A city, county, or city and county shall administratively approve an application to install electric vehicle charging stations through the issuance of a building permit or similar nondiscretionary permit. Review of the application to install an electric vehicle charging station shall be limited to the building official's review of whether it meets all health and safety requirements of local, state, and federal law. The requirements of local law shall be limited to those standards and regulations necessary to -ensure that the electric vehicle charging station will not have a specific, adverse impact upon the public health or safety. However, if the building official of the city, county, or city and county makes a finding, based on substantial evidence, that the electric vehicle charging station could have a specific, adverse impact upon the public health or safety, the city, county, or city and county may require the applicant to apply for a use permit. (c) A city, county, or city and county may not deny an application for a use permit to install an electric vehicle charging station unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis 92 289 of 521 — 3 -- Ch. 598 for the rejection of potential feasible alternatives of preventing the adverse impact. (d) The decision of the building official pursuant to subdivisions (b) and (c) may be appealed to the planning commission of the city, county, or city and county. (e) Any conditions imposed on an application to install an electric vehicle charging station shall be designed to mitigate the specific, adverse impact upon the public health or safety at the lowest cost possible. (f) (1) An electric vehicle charging station shall meet applicable health and safety standards and requirements imposed by state and local permitting authorities. (2) An electric vehicle charging station shall meet all applicable safety and performance standards established by the California Electrical Code, the Society ofAutomotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability. (g) (1) On or before September 30, 2016, every city, county, or city and county with a population of 2.00,000 or more residents, and, on or before September 30, 2017, every city, county, or city and county with a population of less than 200,000 residents, shall, in consultation with the local fire department or district and the utility director, if the city, county, or city and county operates a utility, adopt an ordinance, consistent with the goals and intent of this section, that creates an expedited, streamlined permitting process for electric vehicle diarging stations. In developing an expedited permitting process, the city, county, ercity and county shall adopt a checklist of all requirements with which dle ie'Miele charging stations shall comply to be eligible for expedited review. An application that satisfies the information requirements in the checklist, as determined by the city, county, or city and county, shall be deemed complete. Upon confirmation by the city, county, or city and county of the application and supporting documents being complete and meeting the requirements of the checklist, and consistent with the ordinance, a city, county, or city and county shall, consistent with subdivision (b), approve the application and issue all required permits or authorizations. However, the city, county, or city and county may establish a process to prioritize competing applications for expedited permits. Upon receipt of an incomplete application, a city, comity, or city and county shall issue a written correction notice detailing all deficiencies in the application and any additional information. required to be eligible for expedited permit issuance. An application. subthitted to a city, county, or city and county that owns and operates an electricutility shall demonstrate compliance with the utility's interconnection policies prior to approval. (2) The checklist and required permitting documentation shall be published on a publicly a'bl;. Ict Web site, if the city, county, or city and county has an Internet Web site, and the city, county, or city and county shall allow for electronic submittal of a permit application and associated documentation, and shall authorize the electronic signature on 92 290 of 521 Ch. 598 — 4 — all forms, applications, and other documentation in lieu of a wet signature by an applicant. In developing the ordinance, the city, county, or city and county may refer to the recommendations contained in the most current version ofthe "Plug -In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero -Emission Vehicles in California: Community Readiness Guidebook" published by the Office of Planning and Research. A city, county, or city and county may adopt an ordinance that modifies the checklists and standards found in the guidebook due to unique climactic, geological, seismological, or topographical conditions. If a city, county, or city and county determines thatit is unable to authorize the acceptance of an electronic signature on all forms, applications, and other documents in lieu of a wet signature by an applicant, the city, county, or city and county shall state, in the ordinance required under this subdivision, the reasons for its inability to accept electronic signatures and acceptance of an electronic signature shall not be required. (h) A city, county, or city and county shall not condition approval for any electric vehicle charging station permit on the approval of an electric vehicle charging station by an association, as that term is defined in Section 4080 of the Civil Code. (i) The following definitions shall apply to this section: (1) "A feasible method to satisfactorily mitigate or avoid the specific, adverse impact" includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by a city, county, or city and county on another similarly situated application in a prior successful application for a permit. (2) "Electronic submittal" swans the utilization of one or more of the following. (A) Email. (B) The Internet. (C) Facsimile. (3) "Electric vehicle chaff station' or "charging station" means any level of electric vehicle supply equipment station that is designed and built in compliance withArticle 625 ofthe California Electrical Code, as it reads on the effective date of this section, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. (4) "Specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the Cahfornia Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. 0 92 291 of 521 ORDINANCE NO. 2017 — 2430 AN ORDINANCE AMENDING TITLE 15 OF THE NATIONAL CITY MUNICIPAL CODE TO ADD CHAPTER 15.82 PERTAINING TO EXPEDITED PERMIT PROCESSING FOR ELECTRIC VEHICLE CHARGING STATIONS WHEREAS, Subdivision (g)(1) of Section 65850.7 of the California Government Code provides that, on or before September 30, 2017, the City shall adopt an ordinance, consistent with the goals and intent of subdivision (a) of Section 65850.7, that creates an expedited, streamlined permitting process for electric vehicle charging stations; and WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the amendment of the National City Municipal Code; and WHEREAS, pursuant to legal notice, hearings were held by the City Council of National City, and all persons interested were given the opportunity to appear and be heard before said City Council; and WHEREAS, staff has prepared a report to the City Council of National City and has recommended such amendment. NOW, THEREFORE, the City Council does ordain as follows; Section 1. All protests against said amendment to the Municipal Code be hereby denied and overruled. Section 2. That Title 15 of the National City Municipal Code be amended to add the following Chapter: Chapter 15.82 Expedited Permit Processing For Electric Vehicle Charging Stations. Sections: 15.82.010 Purpose. 15.82.020 Definitions. 15.82.030 Electric vehicle charging stations. 15.82.040 Fees. 15.82.010 Purpose. The purpose of this Chapter is to provide an expedited, streamlined permitting process for electric vehicle charging stations that complies with AB 1236 (Chapter 598, Statutes 2015, California Government Code Section 65850.7) in order to achieve timely and cost-effective installations of electric vehicle charging stations. This 292 of 521 Chapter encourages the installation of electric vehicle charging stations by removing unreasonable barriers, minimizing costs to applicants and the City, and facilitating the installation of electric vehicle charging stations. This Chapter allows the City to achieve those goals while protecting the public health and safety. 15.82.020 Definitions. The following definitions shall apply to this chapter: A. "A feasible method to satisfactorily mitigate or avoid the specific, adverse impact" means any cost-effective method, condition, or mitigation imposed by the City on another similarly situated application in a prior successful application for a permit. B. "Electric vehicle charging station" or "charging station" means any level of electric vehicle supply equipment station that is designed and built in compliance with the California Electrical Code, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. C. "Specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. 15.82.030 Electric vehicle charging stations. A. Purpose. The purpose of this section is to adopt an expedited permitting process for electric vehicle charging stations pursuant to Government Code 65850.7(g). B. Permitting. Applicants desiring to qualify for the expedited review shall submit an application to the City, in a form approved by the City's Building Official. The Building Official is authorized to administratively act on such applications pursuant to this section. Decisions of the Building Official may be appealed to the Planning Commission. C. Checklists. The City Building Official is authorized and directed to develop checklists of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review. An application that satisfies the requirements of the eligibility checklists, as determined by the building official, shall be deemed complete and eligible for the expedited permitting process. The checklist and required permitting documentation shall be published on the City's website. Electronic submittal of permit applications and electronic signatures shall be accepted. Upon receipt of an incomplete application, the Building Official shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible. D. Issuance of Permits. Upon confirmation by the Building Official of the application and supporting documentation being complete and that the electric vehicle charging stations substantially conform to all applicable local, state, and federal health and safety requirements, the Building Official shall administratively approve the application and issue required permits. E. Use Permit. If the Building Official makes a finding, based on substantial evidence, that the proposed project could have a specific, adverse impact on the public health and safety, the Building Official may require the applicant to apply for a conditional use permit. F. Conditions. Any conditions imposed on an application to install an electric vehicle charging stations shall be designed to mitigate the specific, adverse impact upon the public health or safety at the lowest cost possible. Ordinance No. 2017 — 2430 2 Adding NCMC Chapter 15.82 293 of 521 Expedited Permit Processing for Electric Vehicle Charging Stations G. Denial. The City may deny an application if it makes written findings based on substantial evidence in the record that the proposed installation would have a specific, adverse impact on the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. H. Prioritization. The City may establish a process to prioritize competing applications for expedited permits. 15.82.050 Fees. Permit fees for eligible electric vehicle charging stations shall be as specified in the Master Fee Schedule of the City of National City. PASSED and ADOPTED this 7th day of February, 2017. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Ron Morrison, Mayor Ordinance No. 2017 — 2430 3 Adding NCMC Chapter 15.82 294 of 521 Expedited Permit Processing for Electric Vehicle Charging Stations CC/CDC-HA Agenda 2/7/2017 — Page 295 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City in Support of Creating a Welcoming Community for All Residents. (City Manager) 295 of 521 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 7, 2017 AGENDA ITEM NO. ITEM TITLE: A Resolution of the City Council in Support of Creating a Welcoming Community for All Residents PREPARED BY: Leslie Deese, City Manager DEPARTMENT: City Manager PHONE: 619.336.4240 APPROVED BY: EXPLANATION: At the January 17, 2017 City Council meeting, the Council considered a request by Alliance San Diego to adopt a resolution that, in part, declares National City to be a Welcoming Community that serves and protects its residents regardless of their immigration status. Given that there are specific occasions when National City police officers ask immigration related questions when they have a suspect in a crime, Councilmember Sotelo- Solis requested the Council to consider amending paragraph #6 of the draft resolution which would remove language that National City employees would not inquire into the immigration status of any resident. Also, California law prohibits police agencies from prohibiting police officers to work with U.S. Department of Homeland Security's Immigration Customs Enforcement (ICE). Staff requests that the City Council also consider including the word 'can' in paragraph #4 to read, WHEREAS, in the border regional, national policies that direct federal agencies, including Customs and Border protection and Immigration and Customs Enforcement, can lead to racial profiling and infringement of civil rights, diminishing the quality of life of residents in National City; and... The City Council voted to bring back the amended resolution at their next regular meeting. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: City Council adopt the resolution with inclusion of the word 'can' in paragraph #4. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1) January 17, 2017 Agenda Item 2) Resolution 296 of 521 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 17, 2017 AGENDA ITEM NO. 32 ITEM TITLE: Request by Alliance San Diego for the City Council to consider a resolution in support of Creating a Welcoming Community for All Residents PREPARED BY: Leslie Deese, City Manager DEPARTMENT: City Manager PHONE: 619.336.4240 APPROVED BY: .:14•�J EXPLANATION: At the December 6, 2016 City Council meeting, Councilmember Sotelo-Solis requested staff return with an agenda item on Creating a Welcoming Community, previously the Building Welcoming Communities Campaign. The request is from the organization, Alliance San Diego to consider a resolution that in part, declares National City to be a Welcoming City that serves and protects its residents regardless of their immigration status. Should the Council desire a resolution, staff requests the Council amend paragraph 6 in the draft resolution provided by Alliance San Diego, inquiring about immigration status. National City's police officers ask immigration related questions when they have a suspect in a crime. In addition, California law (53069.75 GC) prohibits police agencies from prohibiting police officers to work with U.S. Department of Homeland Security's Immigration Customs Enforcement (ICE) (Attachment 4). Please note the City of Seattle, Washington's resolution (attached) exempts police officers. Included for City Council information is a copy of National City Police Department's Operating Procedure on Undocumented Persons & Foreign Nationals (Attachment 5). FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: City Council consider a request to adopt a resolution in support of creating a Welcoming Community for All Residents BOARD / COMMISSION RECOMMENDATION: N/A ,TTACHMENTS: 1) Letter of request and draft resolution from Alliance San Diego 2) Resolution of support from the City of Seattle, Washington 3) ILRC information on Local Options for Protecting Immigrants 4) State of California Government Code Section 53069.75 GC 5) NCPD Operating Procedure - Undocumented Persons & Foreign Nationals 297 of 521 ATTACHMENT 1 allianAN ce January 4, 2017 National City City Council 1243 National City Blvd. National City, CA 91950 Re: Creating a Welcoming Community for All Residents Dear Mayor Ron Morrison and Esteemed Council Members, On behalf of Alliance San Diego, a community empowerment organization with a voter base of 80,000, I write to ask the City Council to pass a resolution that declares National City to be a Welcoming City that serves and protects its residents. Immigrants and refugees have long enriched the city of National City. According to the US Census Data, National City is home to nearly 25,000 immigrants and refugees, who represent nearly two out of every five of the city's residents and approximately 71% of all house holds speak a language other than English at home. These community members grow businesses, strengthen the economy, create jobs, and serve as leaders in churches, organizations, schools and other community venues. We are grateful that National City has long recognized this and has been a leader in the border region when it comes to building trust with the immigrant community. Unfortunately, over the last two years, we have heard an increase in hateful rhetoric from public figures directed towards immigrant and refugee communities, and seen a number of anti -immigrant and anti -refugee legislation at the federal level. Locally, our partners have also witnessed an increase in hate crimes and hate speech. Such incident are creating fear in our communities, and further isolating immigrants and refugees, a fear that is only exacerbated by campaign promises that threaten deportation and separation of families. Additionally, in the border region, national policies that direct federal agencies, including Customs and Border Protection (CBP) and Immigration Customs Enforcement (ICE), lead to racial profiling, and the infringement of civil rights, diminishing the quality of life of residents in National City. The Department of Homeland Security, which houses CBP and ICE, is exempt from the federal guidelines on racial and identity profiling established by the Department of Justice, which makes individuals in our region vulnerable to profiling activities that have been rejected in our state and across the nation. CBP is also able to stop individuals at checkpoints within 100 miles of the border, and enter onto private property within 25 miles of the border, without establishing suspicion of wrongdoing as is normally required under the Fourth Amendment. Immigration officers are allowed to engage in warrantless interrogations of a "person believed to be an alien", further contributing to fear in our communities. Alliance San Diego is a California non-profit organization Tax ID 26-1712580 P0.Box 12266 San D ego, CA92112 619 269 1823 WWW.ALLIANCESD.ORG 298 of 521 alliance AN DIEGO Given the current political climate and the unique circumstances of being a border region, we feel that now more than ever it is important for local officials to take a public stance to protect their community members from the hateful rhetoric, anti -immigrant and anti - refugee legislation at the national level, and border policies that infringe upon the civil rights of their residents. By passing a resolution that declares National City a Welcoming City, ensuring that city employees will not inquire after an individual's immigration status, guaranteeing that city services are accessible to all residents regardless of their immigration status, and taking a stance against federal policies that infringe upon the rights of border residents, it sends a strong message to residents that the contributions of immigrants and refugees are important, and that all residents, regardless of where they come from, are welcome in National City. Thank you for your consideration. We appreciate your commitment to immigrant families and leadership in making our region one where all community members are able to thrive. Sincerely, Christian Ramirez Human Rights Director, Alliance San Diego is a California nonprofit organization i Tax ID 26-1712580 Po BOX 12266 San b,ego, CA 92112 619 269 1823 WWW.AWANCESD.ORG 299 of 521 National City Council Resolution in Support of Creating a Welcoming Community for All Residents WHEREAS, National City has a rich and proud history of diversity that has been shaped by the cultural and economic contributions of immigrants from around the world, and immigrants and refugees continue to be vital to our shared prosperity as a City; WHEREAS, National City is home to nearly 25,000 immigrants and refugees, which represents nearly two out of every five of the city's residents, and approximately 71% of all households speak a language other than English at home; WHEREAS, the City of National City is uniquely situated in the heart of a booming binational region, just miles from the world's busiest land border crossing, which has fostered economic, social, and cultural ties across the border; WHEREAS, in the border region, national policies that direct federal agencies, including Customs and Border Protection and Immigration and Customs Enforcement, lead to racial profiling and the infringement of civil rights, diminishing the quality of life of residents in National City; WHEREAS, the City of National City recognizes that all people are deserving of assurance of the basic principles of equity and human rights, guaranteed to all people by the United States Constitution and the Bill of Rights; %N.• BE IT RESOLVED, that the City of National City declares National City to be a Welcoming City that serves and protects its residents by ensuring that employees of National City will not inquire into the immigration status of any resident and will serve all residents, and that city services will be accessible to all residents, regardless of immigration status; BE IT FURTHER RESOLVED that City Council directs City departments and urges local businesses, and charitable organizations to work with refugee and immigrant organizations to help provide services to families relocating to the City of National City and integrating into our communities; AND BE IT FURTHER RESOLVED that the City of National City calls upon the President and Congress to do the following: 1. LIMIT POWERS WITHOUT WARRANT by enacting legislation that amends 8USC 1357 (a) to reflect the same limitations on warrantless law enforcement activities that apply across the country and adhere to constitutional protections. 2. LIMIT JURISDICTION within which officers can exercise the limited power without warrant by amending federal regulation 8 CFR 287.1 to a distance by what is strictly necessary, is supported by clear, articulable facts related to national security, and is determined in consultation with local government and local communities through public hearings. 300 of 521 3. LIMIT PROFILING by issuing new agency guidance or enacting legislation that prohibits profiling in all routine immigration enforcement, without exception for the border region, and clarifies the limits on profiling in a non -routine enforcement. 301 of 521 ATTACHMENT 2 op City of Seattle Office of the Mayor City of Seattle Edward B. Murray, Mayor Executive Order 2016-08: An Executive Order reaffirming existing policies and providing guidance to City employees on protecting immigrants' access to police protection and public services and establishing an "Inclusive and Equitable City Cabinet" to coordinate city efforts to protect the civil liberties and civil rights of all Seattle residents. WHEREAS, Seattle is a welcoming city that serves and protects its residents regardless of their immigration status; and WHEREAS, in Seattle, all people, including immigrants, are valued contributors and are vital to our shared prosperity; and WHEREAS, Seattle fosters a culture and policy environment that makes it possible for Seattle to be a vibrant, global city where our immigrant and refugee residents can fully participate in and be integrated into the social, civic, and economic fabric of their adopted city; and WHEREAS, nearly one in five Seattle residents is an immigrant or refugee and 129 languages are spoken in our public schools; and WHEREAS, Washington's population grew by 40,000 unauthorized residents between 2009 and 2014, making our state one of just six in the country with a growing unauthorized population during a time when numbers have decreased nationally; and WHEREAS, Washington is the country's 8th largest refugee -receiving state and a majority of the estimated 3,000 new arrivals each year are re -settled in Seattle -King County; and WHEREAS, 100,000 Muslim residents are proud to call Washington their home and live peacefully as our neighbors, colleagues, and friends; and WHEREAS, more than 28,000 unauthorized youth in Washington received temporary status through the Deferred Action for Childhood Arrivals (DACA) program and they deserve an opportunity to have a bright future and to contribute their time and talent to make Seattle a city of innovation and growth;• NOW THEREFORE, I, EDWARD B. MURRAY, Mayor of Seattle, hereby reaffirm the City's commitment to be a welcoming city for all Seattle residents by ordering the following actions: 302 of 521 Section 1. City employees will not ask about immigration status. Seattle Ordinance 121063 passed in 2003 instructs all City employees to refrain from inquiring about the immigration status of any person except police officers where police officers have a reasonable suspicion that a person is committing or has committed a felony criminal -law violation. Section 2. City employees will serve all residents and city services will be accessible to all residents, regardless of immigration status. Seattle Resolution 30672 passed in 2004 reaffirms Ordinance 121063 and states that City agencies and law enforcement cannot withhold services based on several identities, including ancestry, race, ethnicity, national origin, color, age, sex, sexual orientation, gender variance, marital status, physical or mental disability, or religion. Section 3. City employees will defer detainer requests from the U.S. Department of Homeland Security's Immigration and Customs Enforcement (ICE) to King County. Because jails are in King County's jurisdiction and enforcing civil federal immigration violations are in the purview of the U.S. Department of Homeland Security, City department directors are hereby directed to comply with the City's practice to defer to King County on all ICE detainer requests. King County Ordinance 17886 passed in 2014 clarifies that the County will only honor ICE detainer requests that are accompanied by a criminal warrant issued by a federal judge or magistrate. Section 4. City department directors will use tools at their disposal, including meetings and trainings, to direct their staff to comply with the City's and County's policies described above. A communication will be issued by City departments to their staff by January 31, 2017. Section 5. City departments will issue a letter to all contractors receiving General Fund dollars to clarify and inform about the policies described above. A communication will be issued by City departments to their contractors by January 31, 2017. Section 6. An "Inclusive and Equitable City Cabinet" is hereby established. Deputy Mayor Hyeok Kim shall lead and coordinate efforts across City departments and provide oversight and evaluation of outcomes. a. The following Departments shall be primary members of the "Inclusive and Equitable City Cabinet": • Seattle Police Department • Office of Civil Rights • Office of Immigrant and Refugee Affairs • Department of Neighborhoods • Office of Economic Development • Office of Policy and Innovation • City Budget Office • Office of Intergovernmental Relations • Department of Education and Early Learning • Seattle Human Services Department • Office of Labor Standards • Seattle City Attorney's Office (Ex-Officio) 303 of 521 b. The goal of the "Inclusive and Equitable City Cabinet" will be to coordinate City efforts to protect the civil liberties and civil rights of all Seattle residents and provide supportive services and information as necessary to communities of color, people with disabilities, women, LGBTQ residents, people who are low- income, immigrants and refugees in light of potential changes in Federal Government policy and operations. Section 7. The "Inclusive and Equitable City Cabinet" is hereby directed to implement the following: a. Develop a programmatic investment strategy for $250,000 in funding included in the 4th Quarter Supplemental Budget of 2016 to directly address the needs of unauthorized immigrant children and family members within the Seattle Public Schools system. b. Develop a comprehensive public awareness effort around anti -hate speech and hate crimes. c. Conduct a comprehensive review of potential implications on City Departments — policy or financial — given direction and available information about any new initiatives and intent of the incoming Presidential administration. d. Collaborate with immigrant and refugee community stakeholders and community based organizations to identify any new or expanded efforts for partnership with the City and specifically the Office of Immigrant and Refugee Affairs and identification of priority needs. e. Develop a forum for regional coordination with other cities in King County as well as Pierce and Snohomish Counties to share knowledge and information about the City s efforts. f. Develop a specific agenda and action plan for the Mayor to take to the West Coast Mayor's Summit in San Francisco in December and to the US Conference of Mayors in Washington DC in January to build a coalition of inclusive and equitable cities in support of immigrants and their civil rights and civil liberties. Inquiries by City departments and offices regarding this Executive Order should be directed to Deputy Mayor Hyeok Kim at (206) 684-5360. Dated this 23`d day of November, 2016 E• :. Murray Mayor of Seattle 3 304 of 521 A'11ACHLM NT 3 [OCA[ OPTIONS FOR PROTECTING IMMIORANTS A COLLECTION OF CITY & COUNTY POLICIES TO PROTECT IMMIGRANTS FROM DISCRIMINATION AND DEPORTATION LENA GRABER I ANGIE JUNCK I NIKKI MARQUEZ wrair —s• s4S'i4l r Ir`- iwrum um ; ass um a min ma #10 wa 1T,A, ; NMI AIM am am 1 or 111s+i,2' 61 rc is la _ m ?I,as-s/*rIlk r is l 111117 is 11 ti 111t •. tI li tt la ll sasslisiii .. 24 is 1t st 1a ✓ sit,.uuai It SO ft it sa it !t ti ti OS it t t04!tVOt* 00 01 0110 SO 10000011000 305 of 521 TABL CONTENTS INTRODUCTION COUNTY 6. JAIL PROVISIONS CRIMINAL LEGAL PROVISION COUNTIES CAN D 306 of 521 307 of 521 LOCAL OPTIONS FOR PROTECTING IMMIGRANTS In response to President-elect Donald Trump's promise to deport two to three million immigrants when he takes office, many cities and counties across the United States are seeking to enact local policies (often referred to as "sanctuary" or "welcoming") to protect their immigrant residents. These policies seek to keep immigrant communities safe, ensure that all individuals are treated equally (regardless of immigration status) devote local resources to local priorities, and uphold the Constitution. At the forefront of this battle is when the local criminal legal system cooperates with Immigration & Customs Enforcement (ICE). Many local law enforcement agencies voluntarily offer assistance to ICE at their own expense. Cities and counties have no legal obligation to help enforce federal immigration laws. In ceasing this voluntary cooperation, cities and counties can take important steps today to ensure that they do not serve as a pipeline to deportation. This resource identifies and explains some key provisions that cities and counties can enact in order to protect immigrants from discrimination and deportation. 308 of 521 ( 309 of 521 COUNTY b JAIL PPOVISIONS In the majority of states in America, police departments take primary responsibility for patrolling cities and towns, while sheriffs manage and operate county jails. When police arrest a person, unless they are released very quickly, they will be brought to the county jail, run by the sheriff. Most people are turned over to ICE for deportation from these jails. Therefore, the county jail's policies regarding assistance to ICE is where a local policy can have the greatest impact on deportation. The following items are elements that advocates should consider in seeking to build a local policy that will prevent a simple police stop from being the gateway to deportation. 1. No 287(g) program The 287(g) program is an agreement between Department of Homeland Security (DHS) and certain law enforcement agencies to allow local or state law enforcement officers to have some authority to enforce civil immigration laws. Under 287(g), local law enforcement are indistinguishable from federal immigration authorities, and immigrants may risk deportation proceedings as a result of any contact with law enforcement agents. Currently only about 32 agencies in the country participate in 287(g). Ending or preventing a 287(g) program is necessary to enacting any local sanctuary -type policy. 2. No Intergovernmental Service Agreement (IGSA) An IGSA is a contract between a local jail and ICE to detain immigrants in deportation proceedings. Many counties make money off immigration detention, although in some cases, the counties actually lose money and are subsidizing ICE. When a local jail has an IGSA, immigrants may get transferred directly to ICE detention without due process. Individuals are often held in immigration detention for months without any guarantee of a lawyer or other basic rights. There is no legal obligation for localities to enter into immigration detention contracts. For a list of immigration detention centers, see: www.endisolation.org/resources/immigration-detention/ 310 of 521 COUNTY & JAIL PROVISIONS 3. No detention on ICE holds to facilitate transfer to ICE No jail should prolong the detention of an immigrant who is otherwise due for release under state law on the basis of an ICE hold or ICE detainer. This practice has been found unconstitutional or illegal by several federal courts. See a summary of the court decisions here: https://vwwv.ilrc.org/immig ration-detainers-legal- update-october-2016 See a legal memo with further analysis here: https://www.ilrc.org/legal-analysis-immigration- detainers 4. General prohibitions on assistance or joint patrols with ICE Local and state law enforcement have no authority to stop or arrest individuals based on immigration status or suspected civil immigration violations. Nor is there any obligation for officers to assist ICE in immigration enforcement, whether that involves providing ICE with information or conducting joint arrests or raids. Peal Policies in Practice i. "Effective Thursday, June 12, the Hennepin County Sheriff's Office will no longer honor U.S. Immigration and Customs Enforcement detainers absent judicial authority" ii. It is the policy of the county to only honor civil immigration hold requests from United States Immigration and Customs Enforcement for individuals that are accompanied by a criminal warrant issued by a U.S. District Court judge or magistrate. iii. Effective immediately, we will no longer detain individuals based solely on a federal immigration detainer (Form 1-247). A recent federal court ruling in Oregon makes it clear that these forms are not mandatory, but merely requests. Accordingly, we have no lawful reason to detain individuals who are otherwise releasable based on the issuance of an ICE detainer. Individuals having a valid arrest warrant issued by another jurisdiction or federal agency may still he detained according to our current protocol. Real Policies in Practice i. No law enforcement agency of the State of Oregon or of any political subdivision of the state shall use agency moneys, equipment or personnel for the purpose of detecting or apprehending persons whose only violation of law is that they are persons of foreign citizenship present in the United States in violation of federal immigration laws. ii. Officers shall not contact ICE or CBP for assistance on the basis of a suspect's or arrestee's race, ethnicity, national origin, or actual or suspected immigration status. iii. Officers shall not prolong any stop in order to investigate immigration status or to allow CBP or ICE to investigate immigration status. 311 of 521 COUNTY & JAIL PROVISIONS 5. No ICE agents or officers in jails Although local law enforcement agencies have no obligation to assist ICE, ICE agents often have unfettered access to detainees, databases, and in some jails even have desks and offices of their own within the local jail. In others, they visit daily or multiple times per week. ICE agents may get access to the booking information of individuals (which includes foreign birth and address), and sometimes are able to log in directly to the jail's databases. Given this broad access to jail data and people in custody, ICE is able to interrogate people who are detained about their immigration status or place of birth, often doing so in a threatening and coercive way, and then uses this information to deport them. Often due to abusive, deceptive ICE practices, jurisdictions have determined that they will not let ICE into the secure area of the jail to interrogate inmates. Others have established procedures for individuals to give knowing consent before agreeing to such ICE interviews. b. Don't ask about immigration status or place of birth Immigration status is irrelevant to criminality and to regular enforcement of criminal laws or protection of public safety. Many jurisdictions prohibit inquiring into immigration status by local law enforcement or other agencies, particularly in order to mitigate potential racial or ethnic profiling. Peal Policies in Practice i. The District shall not provide to any ICE agent an office, booth, or any facility or equipment for a generalized search of or inquiry about inmates or permit an ICE agent to conduct an individualized interview of an inmate without giving the inmate an opportunity to have counsel present. ii. In advance of any interview between ICE and an individual in local law enforcement custody regarding civil immigration violations, the local law enforcement entity shall provide the individual with a written consent form that explains the purpose of the interview, that the interview is voluntary, and that he or she may decline to be interviewed or may choose to be interviewed only with his or her attorney present. The written consent form shall be available in English, Spanish, Chinese, Tagalog, Vietnamese, and Korean. The written consent form shall also be available in any additional languages that meet the county threshold as defined in subdivision(d) of Section 3.28552 of the Health and Safety Code if certified translations in those languages are made available to the local law enforcement agency at no cost. Peal Policies in Practice i. Do not ask the detainee about his/her immigration status or place of birth. ii. [Officers] may not inquire about a person's civil immigration status unless civil immigration status is necessary to the ongoing investigation of a criminal offense. It is important to emphasize that personal characteristics are not a reason to ask about civil immigration status. iii. Acceptable forms of identification, which must include a photograph of the individual, include, but are not limited to driver's licenses from any U.S. state or foreign country, government -issued IDs by a U.S. jurisdiction, foreign passports, and consular ID cards. An individual should not be stopped or detained solely for the purpose of establishing his or her identity. [Officers] may utilize federal databases in attempts to establish an individual's identity. [Officers] shall utilize federal databases in attempts to establish an individual's identity only when all other attempts to identify the person have failed. Contact with federal authorities made to determine an individual's identity is restricted to the purpose of determining his or her identity. 312 of 521 COUNTY & JAIL PROVISIONS 7. No notifications of release dates In some places that will not agree to detain immigrants for an ICE arrest, ICE sends a request for notice of release date, so that they can arrive in time to seize the person exactly when they would be leaving the jail. This practice has the exact same effect as the other ICE detainer request -- it turns the jail into a pipeline to deportation and undermines local law enforcement's ability to engage with immigrant communities. Stopping this practice is, therefore, important for any sanctuary -type policy. Peal Policies in Practice i. Unless ICE agents have a criminal warrant, or County officials have a legitimate law enforcement purpose that is not related to the enforcement of immigration laws, ICE agents shall not he given access to individuals or allowed to use County facilities for investigative interviews or other purposes, and County personnel shall not expend their time responding to ICE inquiries or communicating with ICE regarding individuals' incarceration status or release dates while on duty. ii. 1. The department [shall not honor a civil immigration detainer by: (1) holding a person beyond the time when such person would otherwise be released from the department's custody, except for such reasonable time as is necessary to conduct the search specified in paragraph two of this subdivision, or (ii) notifying federal immigration authorities of such person's release. iii. No department, agency, commission. officer, or employee of the City and County of San Francisco shall use any City funds or resources to assist in the enforcement of Federal immigration law or to gather or disseminate information regarding the immigration or release status of individuals- or any other such personal information as defined in Chapter 121 in the City and County of San Francisco unless such assistance is required by Federal or State statute, regulation, or court decision. 313 of 521 314 of 521 CRIMINAL LEGAL PROVISIONS 1. Provisions to Protect Equal Rights for Immigrants in Criminal Courts Because of perceived lack of immigration status, immigrants are often discriminated against within the criminal legal system. To the right are some provisions related to ensuring that immigrants have equal access to bail, jail alternatives treatment programs, and other protections in the criminal legal process so that they can have fair and just outcomes of their criminal case. This in turn may mitigate the risk of deportation. These examples are not exhaustive of issues affecting immigrants within the criminal legal process. 2. Criminal Courts Criminal courts have a duty to administer justice fairly and impartially. To the right are some provisions to ensure that criminal courts do not discriminate against immigrants and afford them due process. Peal Policies in Practice i. Any inmate who has bondable charges upon admission shall be allowed to post bond to secure his or her release. An immigration detainer request or an administrative warrant shall not inhibit an inrnate's ability to post bond. ii. Inmates with an ICE detainer will be sent to court for their commitment charge(s) as a straight/out court appearance. In the event all local charges are disposed of, the inmate will not be returned to the Correctional facilities. iii. Neither the Illinois Department of Corrections ndr any other State of Illinois law enforcement agency may consider an immigration detainer or administrative immigration warrant in determining an individual's eligibility or placement in any educational, rehabilitative, or diversionary program described in Chapter 730 of the Illinois Compiled Statutes or any other educational, rehabilitative or diversionary program administered by a law enforcement agency. Peal Policies in Practice It is the policy of the King County Superior Court that warrants for the arrest of individuals based on their immigration status shall not he executed within any of the King County Superior Court courtrooms unless directly ordered by the presiding judicial officer and shall be discouraged in the King County Superior Court courthouses unless the public's safety is at immediate risk. Procedural protections: Stop courts from inquiring into immigration status and to provide warnings about possible immigration consequences of a plea, e.g. CA Penal Code 1016.5 See also: http://immdefense.org/wp- contentluploads/2011/11/IDP_Judicial_Inquiry_Into_Stat us_Jan20111.pdf See also: http:/lwww.immdefense.org/wp- content/uploads/2011/11/postpadillaFINALNov2011. pdf 315 of 521 CRIMINAL LEGAL PPOVISIONS 3. Criminal Defenders Criminal defenders have a constitutional duty under the Sixth Amendment of the U.S. Constitution to affirmatively and competently advise of the immigration consequences of criminal offenses. Because even misdemeanor offenses can have devastating immigration consequences, it is crucial that defenders be armed with the resources to comply with this duty. 4. Prosecutors Similarly, prosecutors should adopt written local policies and/or practices where they consider the immigration consequences to the defendant and their family during plea negotiations. This can help result in a criminal case outcome that will mitigate or prevent deportation or other immigration consequences. Even the U.S. Supreme Court has stated that such consideration can only be beneficial for both parties. Prosecutors may also voluntarily share information with ICE or report people to ICE and these practices should be prohibited. 5. U Visa Policies One simple thing that local and state law enforcement, prosecutors, judges, and certain other agencies can do, is establish policies and protocols for signing U visa certifications. A U Visa is immigration relief for victims of certain crimes who have been, or are likely to be, helpful to law enforcement in the investigation or prosecution of a crime that can lead to a green card. The first step in applying for a U visa is to obtain a U Visa certification from one of the aforementioned agencies. Peal Policies in Practice Sample Policy Language: Defense counsel shall provide accurate and affirmative advice about the imrnigration consequences and when consistent with the goals of the defendant shall defend against those consequences. Sample model: www.ilrc.org/sites/defaultrfiles/resources/protocols_for_e nsuring_effective_defense_of_noncitizen_defendants_in _ca_oct_2015.pdf Peal Policies in Practice Sample Language: The prosecution, in the interests of justice, shall consider the avoidance of adverse immigration consequences in the plea negotiation process as one factor in an effort to reach ajust resolution. Peal Policies in Practice Sample guidance can be found here: https //www.tIrc.org/sites/defaultifiles/resources/u_visa_ basics_for_law_enforcement.pdf When advocating with law enforcement, this guidance from DHS may be helpful: https://www.c.lhs.gov/xhbiary/asselsidhs_u_visa_certific ation_guide.pdf 316 of 521 317 of 521 GITY PPOVISIONS In addition to interactions with ICE at the county level, individuals may come in contact with ICE through local police. Although ICE accesses most people from the county jail/sheriff's department (see Part I above), there are still policies that police and cities can adopt to mitigate ICE's presence and immigration consequences. If your city runs a jail, see the various jail policy advice above. 1. General prohibitions on assistance or joint patrols with ICE Local and state law enforcement have no authority to stop or arrest individuals based on immigration status or suspected civil immigration violations. Nor is there any obligation for officers to assist ICE in immigration enforcement, whether that involves providing ICE with information or conducting joint arrests or raids. 2. Don't ask Policies Cities interact with individuals in a number of ways on a regular basis. It is important that during those interactions immigration status is not requested or investigated since it is a civil immigration matter outside the city's jurisdiction. Policies can make clear that city agencies and departments, including local police, should not solicit information about immigration status. 3. prohibition on NCIC Immigration Arrests Police use the national NCIC database to check whether individuals in their custody have outstanding warrants. ICE also puts administrative immigration warrants for civil violations into NCIC, which confuses law enforcement officers, who generally do not have legal authority to make arrests on the basis of civil immigration violations. Peal Policies in Practice i. No department, agency, commission, officer, or employee of the City and County of San Francisco shall use any City funds or resources to assist in the enforcement of Federal immigration law ii. No law enforcement agency of the State of Oregon or of any political subdivision of the state shall use agency moneys, equipment or personnel for the purpose of detecting or apprehending persons whose only violation of law is that they are persons of foreign citizenship present in the United States in violation of federal immigration laws. Peal Policies in Practice i. No agent or agency shall request information about or otherwise investigate or assist in the investigation of the citizenship or immigration status of any person unless such inquiry or investigation is required by Illinois State Statute, federal regulation, or court decision. ii. Except as otherwise provided under applicable federal law, no agent or agency shall disclose information regarding the citizenship or immigration status of any person unless required to do so by legal process or such disclosure has been authorized in writing by the individual to whom such information pertains, or if such individual is a minor or is otherwise not legally competent, by such individual's parent or guardian. Peal Policies in Practice i. Hartford police officers shall not make arrests or detain individuals based on administrative warrants for removal entered by ICE into the National Crime Information Center database. 318 of 521 CITY PROVISIONS 4. Prohibition on joint operations with ICE In addition to 287(g) agreements with counties discussed above, ICE will also rely on local law enforcement for resources and assistance with their immigration efforts. Police are not required to divert their resources to federal law enforcement for the investigation of civil immigration matters. 5. No holds and no notifications of release dates As previously discussed under counties above, police generally take individuals to jail, which are operated by the county sheriff's department. While it's through the sheriff that ICE is able to pick up individuals, police departments do hold individuals and may receive hold or notification (also called detainer) requests. As a result, it is important that local police have policies against holds and notifications. Peal Policies in Practice i. Members are not permitted to accept requests by ICE or other agencies to support or assist in immigration enforcement operations, including but not limited to requests to establish traffic perimeters related to immigration enforcement In the event a member receives a request to support or assist in a civil immigration enforcement action he or she shall report the request to his or her supervisor, who shall decline the request and document the declination in an interoffice memorandum to the Superintendent through the chain of command. ii. Sweeps intended solely to locate and detain undocumented immigrants shall not be conducted. Staff will not participate in ICE organized sweeps to locate and detain undocumented residents. Peal Policies in Practice i. If a CCPD arrestee receives an ICE detainer request, it should be attached to the booking forms indicating that the detainer was received. The jailer/booking officer shall write the word "REJECTED" at the top of the detainer. The ICE detainer will not be honored without documentation indicating a Federal Probable Cause hearing has occurred. • ii. Unless an agency or agent is acting pursuant to a legitimate law enforcement purpose that is unrelated to the enforcement of a civil immigration law, no agency or agent shall...while on duty, expend their time responding to ICE inquiries or communicating with ICE regarding a person's custody status or release date. 319 of 521 CITY PROVISIONS 5. Statement of Support While a statement of support does not provide any benefits or protections, it does signal the city's commitment to inclusiveness and protecting the rights of at residents, including immigrants. These statements can take many forms and are an important vehicle for easing fears within the immigrant community, as well as holding officials accountable or laying the groundwork for an enforceable policy later on. Real Policies in Practice i. It is hereby affirmed that the City and County of San Francisco is a City and County of Refuge. ii. The vitality of the City of Chicago (the "City"), one of the most ethnically, racially and religiously diverse cities in the world, where one -out -of -five of the City's residents is an immigrant, has been built on the strength of its immigrant communities. The City Council finds that the cooperation of all persons, both documented citizens and those without documentation status, is essential to achieve the City's goals of protecting life and property, preventing crime and resolving problems. The City Council further finds that assistance from a person, whether documented or not, who is a victim of, or a witness to, a crime is important to promoting the safety of all its residents. The cooperation of the City's immigrant communities is essential to prevent and solve crimes and maintain public order, safety and security in the entire City. One of the City's most important goals is to enhance the City's relationship with the immigrant communities. 320 of 521 321 of 521 OTHER THINGS CITIES AND COUNTIES CAN DO In addition to the policies listed above, cities a number of additional actions: • Ensure city benefits and services are available without regard to immigration status. City employees will serve all residents and city services will be accessible to all residents, regardless of immigration status. Seattle Resolution 30672 passed in 2004 reaffirms Ordinance 121063 and states that City agencies and law enforcement cannot withhold services based on several identities, including ancestry, race, ethnicity, national origin, color, age, sex, sexual orientation, gender variance, marital status, physical or mental disability, or religion. • Provide language services so that foreign language speakers are able to access services. All City agencies that provide direct public services shall ensure meaningful access to such services by taking reasonable steps to develop and implement agency -specific language assistance plans regarding LEP persons. • Establish a fund for appointed representation of individuals in deportation proceedings. Chicago Legal Protection Fund can take • Issue municipal IDs that can also serve as a form of identification when working with local police. IDNYC is the new, free identification card for all New York City residents, which gives all of us the opportunity to show who we are —New Yorkers. • Establish an office dedicated to Civic Engagement and Immigrant Affairs to enact city or county -wide programs such as the integration of immigrant services (e.g. citizenship outreach), language access, and other programs. See: www.sfgov.org/oceia • Enact safety policies within the school districts. See: https:/fwww.nilc.org/wp- content/uploads/2016/12/Model-Campus-Safe- Zones-Language-K12-countrywide-2016-12.pdf 322 of 521 323 of 521 MAPPING LOCAL AUTHORITIES Who has the power to make policy about ICE collaboration at the local level? Law enforcement reports to local government. Sheriffs or county law enforcement often report to county -level government, such as a county executive, or a county commission or board of supervisors. Power over the sheriff's budget can be an important avenue for establishing new rules about collaboration with ICE, if an independent rule is hard to obtain. This chart examines common figures in county -level governance and law enforcement. COUNTY AUTHORITIES Type of Power Jurisdiction == , 1 appointed Sheriff • Sheriff often manages county or regional jails • May have custody of both pre-trial inmates and those serving fairly short sentences • Most Sheriffs and Sheriff Deputies have arrest and enforcement powers, but some only run jails and don't have patrols County Executive • Could have many names • Doesn't exist in many states • Likely controls county budget or oversees county- wide agencies County Council or Board • A legislative body with power to write county- wide laws • Can call meetings and oversight hearings or demand information from law enforcement • Some states have County Boards, which are a similar law -making body of elected officials • May also be called County Commission • Sheriffs are usually the county -wide law enforcement and jail authority • Usually have power to make arrests and detain people throughout the county • Governs the whole county • May be the primary local executive authority for small towns without their own council or mayor • A County Commission/Board! Council passes county budgets and other county laws and regulations • Generally a county law cannot be overruled by a city -level law • Sheriffs are often elected by the people of the county, but not always. • May be elected or appointed • Usually elected by all the residents of the county 324 of 521 MAPPING LOCAL AUTHORITIES Who has the power to make policy about ICE collaboration at the local level? Most towns have a municipal police department that is accountable to a governing body or authority, a mayor or city council, for example. It is often these governing bodies that create the rules that law enforcement must follow. In addition, the city government will also control the police budget, which can be an important wedge. Jurisdiction Elected or - appointed CITY AUTHORITIES Police Chief or Commissioner • Police can make arrests, search, and detain people • Chief is the head of city police • Authority over police practices, training, and protocol • Police usually manage the city jail or hold rooms, where people would be held during temporary detention after arrest • Highest authority for the local (city) policc department • No jurisdiction over neighboring towns • May detain people after arrest or before trial • Police Chiefs arc usually an appointed position or reached by promotion Mayor or City Manager • Mayor is generally in charge of running a town or city • Usually manages local budgets and oversees city agencies • May have managerial authority to tell police or jails what to do • Some towns have a City Manager, which is similar to a Mayor • Mayor is the chief executive of a town or city, like the President, but on a local level • Usually has power to pass executive orders • Does not have authority over other towns • Usually elected by residents of the city, but may be appointed by a city council City Council • City Council is a group of officials with power to pass local laws, often called ordinances • May also conduct oversight hearings of the jail or police • Likely has a subcommittee with specific focus on police, public safety, or immigration issues • In some cities has power to appoint the mayor or city manager • City Council is usually the legislative branch of city government • Does not have power to override county or state laws • Council Members may be elected at large or based on wards or districts But remember, every jurisdictions structure is different These charts describe common authorities and powers of city government and law enforcement 325 of 521 326 of 521 c ADDITIONAL RESOURCES For more detailed explanation of ICE enforcement programs in local jails, see these other ILRC resources: • Guide to the Criminal Alien Program • Guide to the Priority Enforcement Program (PEP -Comm) • A comprehensive guide to separating local law enforcement from ICE CONTACT This resource was authored by: • Lena Graber, Special Projects Attorney • Angie Junck, Supervising Attorney • Nikki Marquez, Law Fellow This resource can be downloaded directly from: https://www.ilrc.org/local-options For questions about this resource, please email: Lena Graber (Igraber@ilrc.org), Angie Junck (ajunck@ilrc.org) or Nikki Marquez (nmarquez@ilrc.org) with "[Local Options Resource]" included in the subject line of your request. 327 of 521 ATTACHMENT 4 California Government Code Section 53069.75 guarantees continued federal support for local law enforcement activities. It provides as follows: "...no Local law shall prohibit a peace officer or custodial officer from identifying and reporting to the United States Immigration and Naturalization Service any person, pursuant to federal law or regulation, to whom both of the following apply: (a) The person was arrested and booked, based upon the arresting officer's probable cause to believe that the person arrested had committed a felony or misdemeanor. (b) After the arrest and booking in subdivision (a), the officer reasonably suspects that the person arrested has violated the provisions of the federal immigration laws." 328 of 521 ATTACHMENT 5 POLICE DEPARTMENT OPERATING PROCEDURE NO. 053 PATROL PAGE 1 OF 8 ORIGINAL DATE: 12/13/90 REVISED DATE: 03/21/2007 SUI3JECT: UNDOCUMENTED PERSONS & FOREIGN NATIONALS This is a revised Operating Procedure and supersedes all previous instructions pertaining to this subject. I. PURPOSE This Department procedure establishes guidelines for the proper handling of undocurented persons. The National City Police Department recognizes and values the diversity of the community it serves. The purpose of this policy is to ensure the safety and well being of all persons, regardless of their immigration status. Primary responsibility for the enforcement of Federal immigration laws rests with the U.S. Citizenship and Immigration Service and the U.S. Customs and Border Protection Service (CBP/Border Patrol). National City Police personnel will focus on detecting and apprehending individuals involved in criminal activity. II. ADULT UNDOCUMENTED PERSONS A. National City Police officers are responsible for the enforcement of all laws, Federal, State, and local, and for the safety and protection of all persons. Therefore, officers have a duty to contact any person(s) when there is a "reasonable suspicion" to believe they are involved in criminal activity. B. If, upon investigation, probable cause to arrest exists, unrelated to the person's immigration status, officers may arrest for the offense. 1. If the subject is booked in the County jail and determined to be illegally in the United States, a hold for CBP/Border Patrol shall be placed on the prisoner. a. Immigration documents identified as evidence in a criminal investigation will be impounded per Department Procedure. b. Health and Safety Code Section 11369 provides notification requirements when the arrest is drug -related and the person is suspected to be undocumented. 329 of 521 POLICE DEPARTMENT OPERATING PROCEDURE UNDOCUMENTED PERSONS & FOREIGN NATIONALS NO. 053 PATROL PAGE 2 OF 8 C. If, after investigation, it is determined the person(s) is/are not involved in criminal activity unrelated to immigration status, the person should be released. 1. Officers may, however, notify CBP/Border Patrol of suspected undocumented status but the duration of the stop or detention prior to the detainee's release shall be in accordance with Department Procedure. Such detentions should ordinarily be no longer than twenty minutes. 2. Officers are generally prohibited from transporting detained undocumented persons to a police facility for the sole purpose of releasing them to CBP/Border Patrol, as this would constitute an arrest. III. SITUATIONS VVIIERE BORDER PATROL INVOLVEMENT IS NOT AUTHORIZED A. Officers will not detain undocumented persons for CBP/Border Patrol under the following conditions: 1. When they are victims or witnesses of a crime, unless a determination has been made by investigators to hold them as material witnesses. 2. When contacted during family disturbances. 3. Generally, during the enforcement of minor traffic offenses. 4. When the person(s) is seeking medical treatment. IV. EXCEPTIONS A. Certain criminal situations, because of their inherent danger to citizens of the United States and undocumented persons as well, require immediate action by police officers. Officers are authorized to detain and release undocumented persons to CBP/Border Patrol when contacted under the following conditions: 1. Drop House - A house or building being utilized as a transfer/holding facility for person engaged in smuggling undocumented persons. 2. Load Vehicles - Vehicles engaged in smuggling undocumented persons. 3. Drug House - House or building being used to facilitate narcotics trafficking. 330 of 521 POLICE DEPARTMENT OPERATING PROCEDURE UNDOCUMENTED PERSONS & FOREIGN NATIONALS V. DOCUMENTATION OF DETENTIONS NO. 053 PATROL PAGE 3 OF 8 A. All undocumented person who are arrested will be booked or cited and appropriate reports prepared. When undocumented persons are detained and released to CBP/Border Patrol, officers will prepare a detention report in every case. 1. Detention reports involving undocumented persons must list in detail the reasons for the detention, including all facts that led to the "reasonable suspicion" that the subject was involved in criminal activity unrelated to immigration status. 2. In the event officers locate a drop house, load car, or drug house containing multiple undocumented persons, they will document the event by preparing an ARJIS-8 on each subject and an ARJIS-9 detailing the circumstances of the detention. 3. The name(s) and identification number(s) of the agent(s) who take custody of the detainees will be included in the appropriate (ARIIS-8/ARJIS-9) reports(s). VI. MIGRANT CAMPS The majority of residents living in migrant camps work in the surrounding area and are in this country legally. Officers are generally prohibited from detaining suspected undocumented persons in this setting for CBP/Border Patrol unless there is probable cause to arrest for a crime not related to immigration violations. If probable cause to arrest exists, officers will follow the procedures in this policy. VII. ASSISTANCE TO LAW ENFORCEMENT AGENCIES A. Officers are directed to provide necessary assistance to all law enforcement agencies including the U.S. Border Patrol, when requested to do so. B. California Government Code Section 53069.75 guarantees continued federal support for local law enforcement activities. It provides as follows: "...no local law shall prohibit a peace officer or custodial officer from identifying and reporting to the United States Immigration and Naturalization Service any person, pursuant to federal law or regulation, to whom both of the following apply: (a) The person was arrested and booked, based upon the arresting officer's probable cause to believe that the person arrested had committed a felony or misdemeanor. 331 of 521 POLICE DEPARTMENT OPERATING PROCEDURE UNDOCUMENTED PERSONS & FOREIGN NATIONALS NO. 053 PATROL PAGE 4 OF 8 .rr (b) After the arrest and booking in subdivision (a), the officer reasonably suspects that the person arrested has violated the provisions of the federal immigration laws." VIII. UNDOCUMENTED JUVENILES A. 300 W&I Dependent Children 1. Under 13 years of age Children in this category will be transported to the Polinsky Center if a parent or guardian cannot be contacted. The Polinsky Center will determine the status and disposition of the child. 2. Thirteen years of age or older If the juvenile's parent or guardian can be located, the juvenile will be released to them regardless of the family's immigration status. If the juvenile's parent or guardian cannot be contacted, the juvenile will be released to Border Patrol. Transportation to a CBP/Border Patrol facility is authorized for this purpose. 3. A Juvenile Contact Report (ARJIS-8) will be completed detailing the circumstances of the detention and the disposition of the juvenile. B. 601 W&I Status Offenses (i.e., curfew, truants and runaways) 1. Under 13 years of age If the parents reside in a foreign country, the juvenile will be transported to the Polinsky Center. 2. Thirteen years of age or older It is incumbent upon the Police Department to return juveniles without parental supervision to their parents, guardians, or school officials. If the parents or guardians are in the United States and can be contacted, the juvenile will be released to them. If the juvenile's parent or guardian cannot be contacted, the juvenile will be released to CBP/Border Patrol. Officers are authorized to transport the juvenile when CBP/Border Patrol is unable to respond or there would be an excessive time delay. 332 of 521 POLICE DEPARTMENT OPERATING PROCEDURE UNDOCUMENTED PERSONS & FOREIGN NATIONALS NO. 053 PATROL PAGE 5 OF 8 3. A Juvenile Court Report (ARJIS-8) will be completed detailing the circumstances of the detention. C. 602 W&I Minor Offenses 1. Under 13 years of age If the parent or guardian cannot be contacted, a court order is required before the Polinsky Center will accept them. In these cases, personnel at the Polinsky Center will be responsible for obtaining the court order. Officers will stand by until a disposition is reached by Juvenile Hall. In cases where a court order is not issued, the arresting officer will, with the assistance of the Juvenile District Attorney if necessary, coordinate the placement of the juvenile in Juvenile Hall or Polinsky Center. 2. Thirteen years of age or older If a juvenile is arrested and the parents or guardian cannot be contacted, the juvenile will be placed in Juvenile Hall. 3. A Juvenile Court Report (ARJIS-9) will be completed detailing the circumstances of the arrest. D. 602 W&I Serious Offenses 1. Juveniles arrested for serious and/or violent crimes shall be placed in Juvenile Hall. 2. Officers shall photograph the juvenile taken into custody. The photograph should be attached to the Juvenile Contact Report. 3. All arrests of undocumented juveniles shall be documented on a Juvenile Contact Report (ARJIS-8). IX. MATRICULA CONSULAR IDENTIFICATION CARD In July of 2002, the Mexican Government began issuing Matricula Consular identificatiion cards to Mexican citizens residing in the United States and other foreign countries to serve as formal identification. It is the policy of the National City Police Department that its officers will accept these cards as official forms of identification. The Matricula Consular cards will be considered as valid and official forms of identification for Mexican nationals living in the United 333 of 521 POLICE DEPARTMENT OPERATING PROCEDURE UNDOCUMENTED PERSONS & FOREIGN NATIONALS NO. 053 PATROL PAGE 6 OF 8 States until further notice. The Matricula Consular will not be accepted in lieu of a driver's license when any law or regulation requires a valid driver's license. Possession of this card does not imply immigration status. If an invalid Matricula Consular identification card is found, the Mexican Consulate requests that the card be forwarded to the below address. In the event officers develop independent probable cause to believe that a person in possession of a Matricula Consular identification card is committing a criminal violation, officers shall proceed in accordance with existing law and operating procedures in the handling and processing of an arrest. In those instances, should a Matricula Consular identification card be involved in the investigation, officers shall process the card consistent with current operating procedures pertaining to evidence handling. Questions relating to the Matricula Consular identification card can be addressed to representatives of the Mexican Consulate located in San Diego at: 1549 India Street, San Diego, CA 92101, Phone Number: (619) 231-8414 or (619) 308-9946. X. FOREIGN NATIONALS A. Undocumented Persons A Mexican/American treaty signed in 1943 requires that local officials notify, within 24 hours, the nearest Mexican Consular official in the event of the death or serious injury to a Mexican National. Notification should be made by telephone to the Mexican Consulate at: (619) 231-8414, 1549 India Street, San Diego, CA 92101. B. Foreign Nationals It is the policy of the National City Police Department to offer assistance and aid to all foreign nationals within the City. The 1963 Vienna Convention states that law enforcement agencies are required to help foreign nationals communicate with their appropriate consular posts and that the law enforcement agencies are to make various notifications to consular posts. C. Diplomatic Immunity Diplomatic officers, including Ambassadors, Ministers, Minister Counselors, First Secretaries, Second Secretaries, Third Secretaries, and Attaches, when contacted by members of NCPD, will be treated with the same courtesy all members of the public served are due, as well as that which befits their distinguished positions. They will be afforded all of the right, privileges, and immunities provided by international law and federal statute. 334 of 521 POLICE DEPARTMENT OPERATING PROCEDURE UNDOCUMENTED PERSONS & FOREIGN NATIONALS NO. 053 PATROL PAGE 7 OF 8 D. Notification of an Undocumented Person's or Foreign National's Serious Injury or Death: The Investigations Division will be responsible for notification in the event of serious injury through non -traffic causes. The Traffic Division will be responsible for notification in the event of serious injury through traffic causes. The Office of the County Coroner will make notification in the event of death. Current information as to the appropriate office to notify in case of arrest, detention, imprisonment, or death of a foreign national may be obtained either from the Office of Emergency Services (916 262-1800) or the Secretary of State, Office of Special Filings (for death notifications) (916 653-3984). E. Arrest, Detention or Imprisonment of Diplomatic Officials or Foreign Nationals: 1. Diplomatic officials and foreign nationals are entitled, by treaty, to certain rights. 2. In the event of a contact with a person claiming diplomatic immunity or privilege, contact a supervisor immediately. 3. Consular officers shall be free to communicate with nationals of their country and to have access to them. Foreign nationals shall have the same freedom with respect to communications and access to consular officers. 4. California Penal Code Section 834c requires every peace officer upon arrest and booking or detention for more than two hours of a known or suspected foreign national to advise the individual of his or her right to contact an official from the consulate of the individual's country. If the individual asks to exercise that right, the arresting agency shall make the appropriate notification to the foreign national's consulate. Some countries, listed in section 834c(d), require mandatory notification when a citizen of the country is arrested regardless of any request by the foreign national. Notification to the foreign national must be made without delay. 335 of 521 POLICE DEPARTMENT OPERATING PROCEDURE UNDOCUMENTED PERSONS & FOREIGN NATIONALS NO. 053 PATROL PAGE 8 OF 8 Guidance and assistance regarding Diplomatic and Consular Immunity may also be obtained from the International Liaison Unit of the San Diego Sheriff's Department, by calling: (619) 531-4045. ADOLFO ONZALES, Ed.D CHIEF OF POLICE REVISIONS: 12/13/20 (NEW) 12/22/97 02/06/2004 05/05/2004 - Pg 3, II, 4 & 5 05/12/2004 - PG 1, 2, 3, 4, 5, 8 02/28/2006 - ENTIRE PROCEDURE 03/21/07 - ENTIRE PROCEDURE 336 of 521 RESOLUTION NO. 2017 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY IN SUPPORT OF CREATING A WELCOMING COMMUNITY FOR ALL RESIDENTS WHEREAS, National City has a rich and proud history of diversity that has been shaped by the cultural and economic contributions of immigrants from around the world, and immigrants and refugees continue to be vital to our shared prosperity as a City; and WHEREAS, National City is home to nearly 25,000 immigrants and refugees, which represents nearly two out of every five of the City's residents, and approximately 72% of all households speak a language other than English at home; and WHEREAS, the City of National City is uniquely situated in the heart of a booming binational region, just miles from the world's busiest land border crossing, which has fostered economic, social, and cultural ties across the border; and WHEREAS, in the border region, national policies that direct federal agencies, including Customs and Border protection and Immigration and Customs Enforcement, can lead to racial profiling and infringement of civil rights, diminishing the quality of life of residents in National City; and WHEREAS, the City of National City recognizes that all people are deserving of assurance of the basic principles of equity and human rights, guaranteed to all people by the United States Constitution and the Bill of Rights. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby declares National City to be a Welcoming City that serves and protects its residents. BE IT FURTHER RESOLVED that City employees will serve all residents, and City services will be accessible to all residents, regardless of immigration status. BE IT FURTHER RESOLVED that the City Council directs City departments and urges local businesses, and charitable organizations to work with refugee and immigrant organizations to help provide services to families relocating to the City of National City and integrating into our communities. BE IT FURTHER RESOLVED that the City of National City calls upon the President and Congress to do the following: 1. LIMIT POWERS WITHOUT WARRANT by enacting legislation that amends 8 USC 1357(a) to reflect the same limitations on warrantless law enforcement activities that apply across the country and adhere to constitutional protections. 2. LIMIT JURISDICTION within which officers can exercise the limited power without warrant by amending federal regulation 8 CFR 287.1 to refer to a distance which is strictly necessary, is supported by clear, articulable facts related to national security, and is determined in consultation with local government and local communities through public hearings. [Signature Page to Follow] 337 of 521 Resolution No. 2017 — Page Two PASSED and ADOPTED this 7ih day of February, 2017. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Ron Morrison, Mayor 338 of 521 CC/CDC-HA Agenda 2/7/2017 — Page 339 The following page(s) contain the backup material for Agenda Item: Notice of Decision - Planning Commission approval of a Conditional Use Permit for the drive -through component of a restaurant (Chick Fil-A) to be located at 400 Mile of Cars Way. (Applicant: 4G Development) (Case File 2016-19 CUP) (Planning) 339 of 521 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 7, 2017 AGENDA ITEM WI ITEM TITLE: Notice of Decision — Planning Commission approval of a Conditional Ilse Permit for the drive -through component of a restaurant (Chick Fii-A) to be located at 400 Mile of Cars Way. (Applicant: 4G Development) (Case File 2016-19 CUP) PREPARED BY: Martin Reeder, AICP shic DEPARTMENT: PHONE: 619-336-4313 APPROVED BY: EXPLANATION: The project applicant has applied for a Conditional Use Permit (CUP) for a new drive -through aisle, as part of a new restaurant (Chick FiI-A) to be located in the Southport Business Center situated south of Mile of Cars Way. The approximately 2,000 square -foot restaurant would operate from 6:00 a.m. to midnight Monday to Saturday and is expected to employ 50 to 70 people. The proposed restaurant would replace an existing 5,990 square -foot office building. Only the drive -through component is subject to a CUP. The Planning Commission conducted a public hearing on January 23, 2017 on the CUP. The Commissioners asked questions regarding General Plan consistency and business operations and voted to approve the CUP based on attached findings and subject to Conditions of Approval. The attached Planning Commission staff report describes the proposal in detail. FINANCIAL STATEME i': ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Categorically Exempt pursuant to Class 1 Section 15311 (Accessory Structures) ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Yamane, Sendt, DelaPaz Noes: Bush, Garcia Absent: Baca, Flores ATTACHMENTS: 1. Overhead 2. Planning Commission Staff Report 3. Resolution No. 2017-1 4. Reduced Plans 340 of 521 : A . 2016-19 CUP - Chick Fil-A Overhead CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91 950 PLANNING COMMISSION STAFF REPORT Title: Case File No.: Property Location: Assessor's Parcel No.: Staff report by: Applicant: Zoning designation: Project size: Adjacent land use/zoning: North: East: South: West: Environmental review: Item no. January 23, 2017 PUBLIC HEARING - CONDITIONAL USE PERMIT FOR A DRIVE -THROUGH RESTAURANT (CHICK FIL-A) TO BE LOCATED AT 400 MILE OF CARS WAY. 2016-19 CUP Southport Business Center 562-340-15 Martin Reeder, AICP — Principal Planner 4G Development Major Mixed -Use Corridor (MXC-2) 3.12 acres. County of San Diego offices across Mile of Cars Way / MCR-2 (Multi -Use Commercial -Residential) Office Use / MXC-2 Southport Business Center / MXC-2 and IL (Light Industrial) Commercial across the parking lot / MXC-2 Categorically Exempt pursuant to Class 1 Section 15311 (Accessory Structures) Staff Recommendation: Approve Attachment 2 342 of 521 Planning Commission Meeting of January 23, 2017 Page 1 BACKGROUND The project applicant has applied for a Conditional Use Permit (CUP) for a new drive - through restaurant (Chick FiI-A) to be located in the Southport Business Center located south of Mile of Cars Way. The approximately 2,000 square -foot restaurant would operate from 6:00 a.m. to midnight Monday to Saturday and is expected to employ 50 to 70 people. The proposed restaurant would replace an existing 5,990 square -foot office building. Site Characteristics The 3.12-acre project site is developed with four separate buildings comprising 34,019 square feet of leasable space. There are 136 parking spaces located on the lot. The property is part of the Southport Business Center located south of Mile of Cars Way and west of Hoover Avenue, and is within the MXC-2 (Major Mixed -Use Corridor) zone. Other tenants include Jersey Mike's, Chipotle, and Starbucks. The area of the development in question is the northeast comer of the lot, which contains a 5,990 square -foot office building. Proposal The applicant proposes to demolish the existing office building in the center and to construct a 1,999 square -foot drive -through restaurant. A double lane drive -through aisle is proposed, which would enter from the center of the parking lot on the south end of the restaurant, circle around the east and north sides of the building and then exit back into the parking lot. No interior seating would be provided, although there will be an order counter and restrooms inside the building. The development includes a 1,300 square -foot outdoor patio with seating. Because the design incorporates a new drive -through aisle and ordering window, a CUP is required. Operating hours are 6:00 a.m. to midnight Monday to Saturday (closed Sundays). Analysis There are three other drive -through businesses in the area, two of which are located in the same development (In-N-Out Burger and Starbucks). Freddy's Frozen Custard & Steakburger is located across Mile of Cars Way. Starbucks received a CUP for their drive -through in 2013 and Freddy's in 2015). A restaurant is generally a permitted use within the MXC-2 zone. However, businesses with a drive -through require the issuance of a CUP. In addition, Chapter 18.41 — Site Planning Standards — has specific design requirements for drive -through businesses, including: 343 of 521 Planning Commission Meeting of January 23, 2017 Page 2 ® Minimum queuing distances (established by CUP). • Minimum 25-foot interior turning radius for drive -through aisles. • Location of drive -through window and landscaping requirements. The site plan shows approximately 100 feet of vehicle queuing distance prior to the ordering/menu board. This first portion of the drive -through is a double aisle, which is equal to 200 feet or 10 cars worth of storage. There is another approximately 120 feet of single drive aisle distance to the pick-up window, which provides another six cars worth of storage for a total of 16 cars. Other area drive -through businesses with circulation issues have little -to -no storage prior to their ordering windows, which causes back-ups into parking Tots and sometimes the public right-of-way. With an overall queuing distance of approximately 220 feet, overflow issues during peak periods are not anticipated to cause any serious issues, particularly with the ability of the aisle to store 16 vehicles. The turning radius of the aisle is approximately 27 feet, which is consistent with the Land Use Code requirement of 25 feet. The Land Use Code states that a drive -through window may not be located between the right-of-way and the building without a minimum 10-foot wide landscape buffer. The buffer shall have a minimum three-foot height continuous hedge and ornamental trees spaced a minimum of 20 feet on center. The landscape plan for the project is mostly consistent with these requirements, in that the shrubs shown in the landscape plan typically reach heights of two -to -four feet. A Condition of Approval (No. 27) is included to require compliance with the Code requirement, which will require shrubs or other plans that will create a three-foot tall hedge. Parking/Circulation The proposed design generally utilizes the existing parking lot layout. Although the new restaurant is less than half of the size of the building proposed to be demolished, the drive -through aisle takes up a considerable amount of that previously -developed space. The site plan provided for the development shows an overall reduction of 10 parking spaces, leaving 126. Southport Business Center was built as an office complex and was subject to office parking requirements. Office parking is calculated using a sliding scale, requiring less parking per square -foot the larger the floor area. Based on this scale, 28,029 square feet of office (remainder after demolition) would require 106 parking spaces. Because the new building is a stand-alone restaurant, the restaurant parking ratio has been used to calculate required parking (the Code requires compliance with the most restrictive anticipated). In this case, a 2,000 square -foot restaurant requires 20 parking spaces. The overall requirement is 126, which will be provided after the reduction in this case. 344 of 521 Planning Commission Meeting of January 23, 2017 Page 3 Based on a traffic impact analysis conducted by the applicant, the proposed project is projected to generate approximately 2,144 daily trips, 150 AM peak hour trips, and 150 PM peak hour trips at the project driveways. After accounting for pass -by trips and existing land uses that will be displaced by the proposed project (demolition of existing office building), the proposed project is projected to generate approximately 72 net new AM peak hour trips, 57 net new PM peak hour trips and 984 net new daily trips on the surrounding roadway network. Access to and from the site is provided by Mile of Cars Way, an arterial street operating at a Level of Service (LOS) of B. According to the General Plan, the addition of 984 Average Daily Trips (ADT) would not increase capacities so as to decrease the LOS to a failing grade (E or F). The current ADT capacity of Mile of Cars Way is 40,000 with a current ADT of 17,000. The City Traffic Engineer has reviewed the traffic analysis and has agreed with its findings. Noise Noise issues related to drive -through businesses are usually related to vehicle queuing and ordering windows/speakers. Noise is not likely to be an issue given that the area is strictly commercial and located close to Interstate 5. However, recent approvals for drive -through businesses have required noise -attenuating speakers at the ordering window. This type of speaker automatically adjusts its volume to compensate for ambient noise (streets, vehicles, etc.). Therefore, the volume is lower during quieter periods, such as at night. There is a condition requiring the noise -attenuating speakers (No. 29). Hours of Operation The typical hours of operation for the proposed business will be 6:00 a.m. to 12:00 a.m. (midnight), six days a week. Given that there are no residential properties very near the project (The Paradise Creek development is approximately 900 feet away), it is unlikely that being open early in the morning and late at night would have any impacts on neighboring properties, as they are mostly commercial businesses with standard daytime working hours. Required fi'ndinq The Municipal Code contains required findings for CUP's. There are six required findings: 1. The proposed use is allowable within the applicable zoning district pursuant to a CUP and complies with all other applicable provisions of the Land Use Code. 345 of 521 Planning Commission Meeting of January 23, 2017 Page 4 Drive -through businesses are identified as a conditionally -allowed use in the Major Mixed -Use Corridor (MXC-2) zone, and the proposed drive -through aisle meets all requirements as contained in NCMC §18. 41 — Site Planning Standards. 2. The proposed use is consistent with the General Plan and any applicable specific plan. The Land Use Code conditionally allows drive -through businesses in the MXC-2 zone; the Land Use Code is consistent with the General Plan. Additionally, there are no Specific Plans affecting this location. 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity. The property will be completely redeveloped and will provide enough parking spaces based on provisions outlined in the Land Use Code. In addition, the proposed drive - through aisle meets all requirements for such uses outlined in the Land Use Code, as discussed above. 4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints. The project is expected to generate approximately 72 net new AM peak hour trips, 57 net new PM peak hour trips and 984 net new daily trips, which can be accommodated by existing road network. Both Mile of Cars Way and Hoover Avenue in this location are currently operating at an LOS of D or better (passing), and are calculated by the provided traffic impact analysis to continue to have a passing LOS after construction. 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. Noise issues related to drive -through businesses are usually related to vehicle queuing and ordering windows/speakers. Noise is not likely to be an issue given that the area is mostly commercial and located close to both arterial streets and a freeway. Recent approvals for drive -through businesses have required noise -attenuating speakers at the ordering board. This type of speaker automatically adjusts its volume to compensate for ambient noise (streets, vehicles, etc.). Therefore, the volume is lower during quieter periods, such as at night. There is a condition requiring the noise -attenuating speakers. 346 of 521 Planning Commission Meeting of January 23, 2017 Page 5 In addition, the new business will be a benefit the public interest by providing 50 to 70 new jobs. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) The project is Categorically Exempt under the CEQA pursuant to Class 3 Section 15311. This section allows for construction or placement of minor structures accessory to commercial facilities. The restaurant itself is permitted by right and would otherwise be exempt from CEQA as it would only require a ministerial permit (building permit). The drive -through aisle is appurtenant to the restaurant and would thus be consistent with this exemption. Conditions of Approval Conditions of Approval are included that address City Department comments, as well as Sweetwater Authority. Conditions cover code requirements (Fire & Building), grading and improvement requirements (Engineering), and design and performance regulations for the drive -through (Planning). Sweetwater Authority requires specific plans and City assurances (fire flow setter) as part of the development process. Summary The proposed drive -through is consistent with the Land Use Code with the approval of a CUP. Conditions of Approval will ensure that the business operates in harmony with existing uses in the area. The potential impacts are minimal since design guidelines ensure an appropriately -designed project. The new restaurant will contribute to the viability of the property. In addition, the 16-vehicle storage capacity of the drive -through aisle will avoid impacts to adjacent City streets. Staff is recommending approval of this CUP request. OPTIONS 1. Approve 2016-19 CUP subject to the conditions listed below, based on attached findings; or 2. Deny 2016-19 CUP based on attached findingsffindings to be determined by the Planning Commission; or, 3. Continue the item in order to obtain additional information. 347 of 521 Planning Commission Meeting of January 23, 2017 Page 6 ATTACHMENTS 1. Recommended Findings 2. Recommended Conditions 3. Overhead 4. Applicant's Plans (Exhibit A, Case File No. 2016-19 CUP dated 10/11/2016) 5. Notice of Exemption 6. Public Hearing Notice (Sent to 173 property owners and occupants) MARTIN REEDER, AICP Principal Planner BRAD RAULSTON Deputy City Manager 348 of 521 Planning Commission Meeting of January 23, 2017 Page 7 RECOMMENDED FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 2016-19 CUP — 400 Mile of Cars Way 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, because drive -through businesses are identified as a conditionally -allowed use in the Major Mixed -Use Corridor (MXC-2) zone, and the proposed drive -through aisle meets all requirements as contained in NCMC §18. 41 — Site Planning Standards. 2. The proposed use is consistent with the General Plan and any applicable specific plan, because the Land Use Code conditionally allows drive through businesses in the MXC-2 zone; the Land Use Code is consistent with the General Plan. Additionally, there are no Specific Plans affecting this location. 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, because the property will be completely redeveloped and will provide enough parking spaces based on provisions outlined in the Land Use Code. In addition, the proposed drive -through aisle meets all requirements for such uses outlined in the Land Use Code, as discussed in the staff report. 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, because the project is expected to generate approximately 72 net new AM peak hour trips, 57 net new PM peak hour trips and 984 net new daily trips, which can be accommodated by existing road network. Both Mile of Cars Way and Hoover Avenue in this location are currently operating at an LOS of D or better (passing), and are calculated by the provided traffic impact analysis to continue to have a passing LOS after construction. 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, because the area is mostly commercial and located close to both arterial streets and a freeway, and because a condition requiring the noise -attenuating speakers is included. In addition, the new business will be a benefit the public interest by providing 50 to 70 new jobs: 349 of 521 Planning Commission Meeting of January 23, 2017 Page 8 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act, because staff has determined that the proposed use is categorically exempt from environmental review pursuant to Class 3 Section 15311. This section allows for construction or placement of minor structures accessory to commercial facilities. The restaurant itself is permitted by right and would otherwise be exempt from CEQA as it would only require a ministerial permit (building permit). The drive -through aisle is appurtenant to the restaurant and would thus be consistent with this exemption. 350 of 521 Planning Commission Meeting of January 23, 2017 Page 9 RECOMMENDED CONDITIONS OF APPROVAL 2016-19 CUP —400 Mile of Cars Way General 1. This Conditional Use Permit authorizes a new 1,999 square -foot drive -through restaurant. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2016-19 CUP dated 10/11/2016. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 3. 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 Land Use Code. 4. 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 Attorney and signed by the City Manager or designee prior to recordation. Building 5. Plans submitted for improvements roust comply with the current editions of the California Building, Electrical, Plumbing, Mechanical, and Fire Codes. Engineering 6. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority 351 of 521 Planning Commission Meeting of January 23, 2017 Page 10 Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 7. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 8. All surface run-off shall be treated with an approved Standard Urban Runoff Mitigation Plan (SUSMP) Best Management Practice (BMP) for all Priority SUSMP projects. No runoff will be permitted to flow over the sidewalk. Adjacent properties shall be protected from surface run-off resulting from this development. 9. The property owner, or its successors and assigns shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improvements installed within the public right-of-way. Sprinkler heads shall be adjusted so as to prevent overspray upon the public sidewalk or the street. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner or, its successors or assigns, shall be remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the City Engineer. 10. Metallic identification tape shall be placed between the bottom layer of the finished surface and the top of all irrigation lines in the public right-of-way. 11.A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. A check list for preparation of the grading plan/drainage plan is available at the Engineering Department. 352 of 521 Planning Commission Meeting of January 23, 2017 Page 11 12.The existing and proposed curb inlets on property shall be provided with a "No Dumping" signage in accordance with the NPDES program. 13.A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of- way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark ark the location of the lateral. 14.Separate street and sewer plans prepared by Registered Civil Engineer, shall be submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements. 15.A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. 16.The existing pedestrian ramp(s) at the southwesterly corner of the intersection of Mile of Cars Way and Hoover Avenue shall be removed and replaced with standard ramp complying with the ADA requirements and the Regional Standard Drawings. 17.Ali existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall be shown on the plans. if disturbed, a licensed land surveyor or civil engineer shall restore them after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the City of National City Engineering Department as soon as filed. 18 A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 19.Street improvements shall be in accordance with the City Standards. All missing street improvements shall be constructed. Abandoned driveway aprons shall be replaced with curb, gutter, and sidewalks. 20.A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 353 of 521 Planning Commission Meeting of January 23, 2017 Page 12 21.A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. 22.A hydromodification plan or a letter sealed and signed by the Engineer of Work explaining why the project is exempt from hydromodification requirements shall be submitted. Fire 23. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC), National Fire Protection Association (NFPA), and California Code of Regulations (CCR). 24. Fire alarm and fire sprinkler needs shall be evaluated and installed for intended use per code. An automatic sprinkler system may be required if an A-2 occupancy load exceeds 100 or more. 25.A cooking hood suppression system will be required for this business. 26. Please contact the National City Fire Department for information on a liquid carbon dioxide alarm system, which may be required for this business. Planning 27.A landscape and underground irrigation plan shall be submitted as part of the construction permitting process. Installation and continued maintenance of minimum landscaping items required by the Land Use Code, including a minimum three-foot hedge and ornamental trees spaced 20 feet on center along the Mile of Cars Way and Hoover Avenue frontages, shall be provided. 28. Plans submitted for construction shall conform to minimum turning radius requirements for drive -through businesses unless the City Engineer approves a lesser radius. 29. Business operations shall comply with Municipal Code Title 12 (Noise) at all times. Plans submitted for construction shall reflect the use of sound -attenuating speakers that automatically reduce the volume of ordering speakers during periods of low ambient noise. 30. Plans submitted for construction shall conform to Land Use Code Section 18.46 (Outdoor Lighting) and 18.42.040 (Screening mechanical equipment and elevator housing). 354 of 521 Planning Commission Meeting of January 23, 2017 Page 13 31. Plans submitted for construction permits shall show that a cover for the new trash enclosure shall be provided. The design of the enclosure shall match the existing style and finish of the trash enclosure located to the west. Construction plans shall show the details of the enclosure to the satisfaction of the Fire, Engineering, and Planning Departments. Sweetwater Authority 32.The Owner must submit a letter to the Authority from the appropriate fire agency stating fire flow requirements. Based on this requirement, this project may result in the need for new water systems or substantial alteration to the existing water system. 33.An approved backflow prevention assembly is required for water services serving commercial developments. Water facilities shall be designed and installed in accordance with the current Sweetwater Authority Design Standards and the Standard Specifications for Construction of Water Facilities. Existing services in conflict with the project must be abandoned and/or relocated at the Owner's expense. 34.Once a building permit is obtained by the Owner, the Owner shall submit approved stamped plans from the lead agency where the project is located. The approved submittal must include a site plan, floor plan, plumbing plan showing total fixture count, water demands in gallons per day, and a fire sprinkler plan (if applicable) so that water facilities can be verified. 355 of 521 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: Project Location: Lead Agency: 2016-19 CUP 404 Mile of Cars Way, National City, CA 91950 City of National City Contact Person: Martin Reeder Telephone Number: Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit for a drive -through aisle as part of a new restaurant in an existing commercial center. Applicant Name and Address: Bob Hatch / 4G Development. PO Box 270571 San Diego, CA 92198 Exempt Status: (619) 336-4313 1,999 square -foot Telephone Number: (858) 208-0755 Email Address: bhatch@4Gdev.com ® Categorical Exemption. Class 11, Section 15311 (Accessory Structures) Reasons why project is exempt: There is no possibility that the proposed use will have a significant impact on the environment since construction of the restaurant and drive -through aisle will be within the property envelope, which is developed and devoid of any habitat or sensitive lands use. The restaurant itself is permitted by right and would otherwise be exempt from CEQA as it would only require a ministerial permit (building permit). The drive -through aisle is appurtenant to the restaurant and would thus be consistent with this exemption. Date: MARTIN REEDER, AICP Principal Planner 356 of 521 CAOPORKIA ti�;rlN .. CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING PUBLIC HEARING - CONDITIONAL USE PERMIT FOR A DRIVE -THROUGH RESTAURANT (CHICK FIL-A) TO BE LOCATED AT 400 MILE OF CARS WAY CASE 'FILE NO: 2016-19 CUP APN: 562-340-15 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, January 23, 2017, in the City Council Chambers, 1243 National City Blvd.,°National City, California on the proposed request (4G Development). The applicant proposes to demolish an existing 5,990 square -foot office building within the Southland Business Park and construct a 1,999 square -foot drive through restaurant (Chick Fil-A). A double lane drive -through aisle is proposed, which requires a Conditional Use Permit. Members of the public are invited to comment. Any person interested in this matter may appear at the above time and place and be heard. Written comments should be received by the Planning Department on or before 12 p.m., January 23, 2017. Planning Department staff may be contacted at 619-336-4310 or planninoanationalcityca.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 r &sed at the public hearing described in this notice, or in written correspondence delivered to the public hearing entity conducting the hearing at, or prior to, the public hearing. PLANNING DEPARTMENT BRAD RAULSTON Deputy City Manager 357 of 521 RESOLUTION NO. 2017-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A DRIVE -THROUGH RESTAURANT (CHICK FIL-A) TO BE LOCATED AT 400 MILE OF CARS WAY. CASE FILE NO. 2016-19 CUP APN: 562-340-15 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for a drive -through restaurant (Chick Fil-A) to be located at 400 Mile of Cars Way at a duly advertised public hearing held on January 23, 2017, 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. 2016-19 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 January 23, 2017, support the following 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, because drive -through businesses are identified as a conditionally -allowed use in the Major Mixed -Use Corridor (MXC-2) zone, and the proposed drive -through aisle meets all requirements as contained in NCMC §18. 41 — Site Planning Standards. 2. The proposed use is consistent with the General Plan and any applicable specific plan, because the Land Use Code conditionally allows drive -through businesses in the MXC-2 zone; the Land Use Code is consistent with the General Plan. Additionally, there are no Specific Plans affecting this location. Attachment 3 358 of 521 Resolution No. 2017-01 Page 2 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, because the property will be completely redeveloped and will provide enough parking spaces based on provisions outlined in the Land Use Code. in addition, the proposed drive -through aisle meets all requirements for such uses outlined in the Land Use Code, as discussed in the staff report. 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, because the project is expected to generate approximately 72 net new AM peak hour trips, 57 net new PM peak hour trips and 984 net new daily trips, which can be accommodated by existing road network. Both Mile of Cars Way and Hoover Avenue in this location are currently operating at an LOS of D or better (passing), and are calculated by the provided traffic impact analysis to continue to have a passing LOS after construction. 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, because the area is mostly commercial and located close to both arterial streets and a freeway, and because a condition requiring the noise -attenuating speakers is included. In addition, the new business will be a benefit the public interest by providing 50 to 70 new jobs. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA), because staff has determined that the proposed use is categorically exempt from environmentai review pursuant to Class 3 Section 15311. This section allows for construction or placement of minor structures accessory to commercial facilities. The restaurant itself is permitted by right and would otherwise be exempt from CEQA as it would only require a ministerial permit (building permit). The drive -through aisle is appurtenant to the restaurant and would thus be consistent with this exemption. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 359 of 521 Resolution No. 2017-01 Page 3 1. This Conditional Use Permit authorizes a new 1,999 square -foot drive -through restaurant. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2016-19 CUP dated 10/11/2016. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 3. 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 Land Use Code. 4. 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 Attorney and signed by the City Manager or designee prior to recordation. Building 5. Plans submitted for improvements must comply with the current editions of the California Building, Electrical, Plumbing, Mechanical, and Fire Codes. Engineering 6. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff 360 of 521 Resolution No. 2017-01 Page 4 Management Program (JURMP) approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 7. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit, 8. All surface run-off shall be treated with an approved Standard Urban Runoff Mitigation Plan (SUSMP) Best Management Practice (BMP) for all Priority SUSMP projects. No runoff will be permitted to flow over the sidewalk. Adjacent properties shall be protected from surface run-off resulting from this development. 9. The property owner, or its successors and assigns shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improvements installed within the public right-of-way. Sprinkler heads shall be adjusted so as to prevent overspray upon the public sidewalk or the street. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner or, its successors or assigns, shall be remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within areasonable time frame upon a written notification by the City Engineer. 10. Metallic identification tape shall be placed between the bottom layer of the finished surface and the top of all irrigation lines in the public right-of-way. 11.A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. A check list for preparation of the grading plan/drainage plan is available at the Engineering Department. 361 of 521 Resolution No. 2017-01 Page 5 12. The existing and proposed curb inlets on property shall be provided with a 'No Dumping" signage in accordance with the NPDES program. 13.A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of- way shall be 6 inch in size with a dean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 14. Separate street and sewer plans prepared by Registered Civil Engineer, shall be submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements. 15.A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. 16.The existing pedestrian ramp(s) at the southwesterly corner of the intersection of Mile of Cars Way and Hoover Avenue shall be removed and replaced with standard ramp complying with the ADA requirements and the Regional Standard Drawings. 17.A11 existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall restore them after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the City of National City Engineering Department as soon as filed. 18.A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 19. Street improvements shall be in accordance with the City Standards. All missing street improvements shall be constructed. Abandoned driveway aprons shall be replaced with curb, gutter, and sidewalks. 362 of 521 Resolution No. 2017-01 Page 6 20.A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 21.A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. 22.A hydromodification plan or a letter sealed and signed by the Engineer of Work explaining why the project is exempt from hydromodification requirements shall be submitted. Fire 23. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC), National Fire Protection Association (NFPA), and California Code of Regulations (CCR). 24. Fire alarm and fire sprinkler needs shall be evaluated and installed for intended use per code. An automatic sprinkler system may be required if an A-2 occupancy load exceeds 100 or more. 25.A cooking hood suppression system will be required for this business. 26. Please contact the National City Fire Department for information on a liquid carbon dioxide alarm system, which may be required for this business. Planning 27.A landscape and underground irrigation plan shall be submitted as part of the construction permitting process. Installation and continued maintenance of minimum landscaping items required by the Land Use Code, including a minimum three-foot hedge and ornamental trees spaced 20 feet on center along the Mile of Cars Way and Hoover Avenue frontages, shall be provided. 28.Plans submitted for construction shall conform to minimum turning radius requirements for drive -through businesses unless the City Engineer approves a lesser radius. 29. Business operations shall comply with Municipal Code Title 12 (Noise) at all times. Plans submitted for construction shall reflect the use of sound -attenuating speakers 363 of 521 Resolution No. 2017-01 Page 7 that automatically reduce the volume of ordering speakers during periods of low ambient noise. 30. Plans submitted for construction shall conform to Land Use Code Section 18.46 (Outdoor Lighting) and 18.42.040 (Screening mechanical equipment and elevator housing). 31. Plans submitted for construction permits shall show that a cover for the new trash enclosure shall be provided. The design of the enclosure shall match the existing style and finish of the trash enclosure located to the west. Construction plans shall show the details of the enclosure to the satisfaction of the Fire, Engineering, and Planning Departments. Sweetwater Authority 32.The Owner must submit a letter to the Authority from the appropriate fire agency stating fire flow requirements. Based on this requirement, this project may result in the need for new water systems or substantial alteration to the existing water system. 33.An approved backflow prevention assembly is required for water services serving commercial developments. Water facilities shall be designed and installed in accordance with the current Sweetwater Authority Design Standards and the Standard Specifications for Construction of Water Facilities. Existing services in conflict with the project must be abandoned and/or relocated at the Owner's expense. 34.Once a building permit is obtained by the Owner, the Owner shall submit approved stamped plans from the lead agency where the project is located. The approved submittal must include a site plan, floor plan, plumbing plan showing total fixture count, water demands in gallons per day, and a fire sprinkler plan (if applicable) so that water facilities can be verified. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. 364 of 521 Resolution No. 2017-01 Page 8 CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of January 23, 2017, by the following vote: AYES: Yamane, Dela Paz, Sendt NAYS: Garcia, Bush ABSENT: Flores, Baca ABSTAIN: "None. 365 of 521 CODE INFORMATION EI,LOING CBC 2013 RAKING CCOIB CPC 2019 NICAL CODE PAC 2013 OECTRICAL CODE OM 2013 ACCESSIBILITY CCM ADA BRERGY COC CA ENERGY prInc 2013 ME COOL CPC 2013 a9REM CCM CGC 2013 RULDING DATA CCCLPANCY' A2 MESTALRANT) FRE BPRIM0ERED NO CONSTRUCTICFI TWE. V-B SRE AMEN 33566 SF. EULD146 AREA. 1.999 SF. FAO A6 ZONNG MXC-2 PAIRING STAMAPA SPACES LOURED 1 STALL PEG 100 GPA TEAL SERVICE ARP -A, 1.999 7100 - 20 TOTAL SPACES 15301.192M 20 WAGES TOTAL SPACES PROVOS" Z7 Araltech 195 SOU11-1 'C' STREET 200 TUSTIN, CA. 92780 PHONE; (714) 832-1834 FAX: (714) 832-)910 CONTACT RUSSEL.L I-IATFIELD E-MAIL RUSSELL.CRNO.COM Choi 6 slant TRLJXAW AND ASSOCIATES 265 ANITA DRIVE SUITE 1)1 ORANGE, CA, 92868 PE4C(sE (714) 935-0265 CONYACT STEVE WAGER E-MAIU STEVEIIAGERoTRUXAW.COM Landscape ArchItt>h JOFNJ I-) PIAN E ASSOC. 107 AVENIDA MIRAMAR, SUITE SAN CLEMENTE, CA 92672 PI-ICNEt (949) 489-5623 FAX. (949) 489-5632 CONTACT; ,]CI-N NOLRIAN E-MAIL TEAM.))OLRIANASSOCIATES.COM 5200 BUFFINGTON ROAD ATLANTA, GEORGIA 30349-2998 PI -ZONE. 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CP.01, CHAWYW.GRAv Rl OTERIOR WOOD 1 l E: DECKING MAYS COLOR: SURMA 6V00091 e MOP -PANT (0 TO MATCH ADl PIN6N j as 1RIfN SLAB r 3200 Mdengton Rd. Made , Revisions: Mark Dote By Mort Dote By Mork 1 Seal C•R•H•O ame Ler JY,M la aa lax NIA timid MD P11 eW,611 OF 4.1111 AT0 W7� ,MILE A CAE ) 406 MILE OF CARS WAY OKOOMAL DIY, CA -SNEE7 ORE EXTERIOR ELEVATION IEV16 ATE: 12-2015 vs Job No - 1574_1s1 Store 03764 Dote : ") Dram By : AY Checked 6y: JUL. Sheet A 2.2 371 of 521 CC/CDC-HA Agenda 2/7/2017 — Page 372 The following page(s) contain the backup material for Agenda Item: Notice of Decision — Planning Commission approval of a Conditional Use Permit for beer and wine sales at Sushi & Galbi Restaurant located at 1519 Highland Avenue (Applicant: Jun Ki Kim) (Case File 2016-28 CUP) (Planning) 372 of 521 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: [February 7, 2017 AGENDA ITEM NO. ITEM TITLE: (Notice of Decision — Planning Commission approval of a Conditional Use Permit for beer and wine sales at Sushi & Galbi Restaurant located at 1519 Highland Avenue,(Applicant:Jun Ki Kim) (Case File 2016-28 CUP) PREPARED BY: [Jessica Madamb 7 . PHONE: 1619-336-4381 V EXPLANATION: [Sushi & Galbi has applied for a Conditional Use Permit (CUP) to sell beer and wine as an accessory use to the existing restaurant. The original proposed alcohol sales hours were to be from 11 a.m. to 9:30 p.m. Monday to Thursday, 11 a.m. to 10 p.m. Friday and Saturday, and closed on Sundays. A Type 41 (On -Sale Beer and Wine) license is concurrently being processed with the California Department of Alcoholic Beverage Control (ABC). DEPARTMENT: APPROVED BY: Planning Commission conducted a public hearing on January 23, 2017. The applicant proposed to extend the operating hours to 11 a.m. to 11 p.m. daily. Commissioners asked questions regarding business operations and outdoor seating on the patio. Changes to Condition No. 14 were made regarding operating hours, and Condition No. 15 was added to prohibit alcohol consumption outside of the building. The Commission voted to approve the Conditional Use Permit based on required findings and subject to Conditions of Approval as amended. The attached Planning Commission staff report describes the proposal in detail. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Not a project per CEQA ORDINANCE: INTRODUCTION: L APPROVED: APPROVED: FINAL ADOPTION: L Finance MIS STAFF RECOMMENDATION: [Staff concurs with the decision of the Planning Commission and recommends that the Notice o Decision be filed. BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Bush, DeLaPaz, Garcia, Sendt, Yamane Absent: Baca, Flores j ATTACHMENTS: [1. Overhead 3. Resolution No. 2017-2 2. Planning Commission Staff Report 4. Reduced Plan4, 373of521 2016-28 CUP --1519 Highland Avenue— Overhead t1 Title: Item no. 5 January 23, 2017 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT PUBLIC HEARING — CONDITIONAL USE PERMIT FOR ALCOHOL SALES AT A SUSHI RESTAURANT (SUSHI & GALBI) LOCATED AT 1519 HIGHLAND AVENUE Case File No.: 2016-28 CUP Location: West of Highland Ave between East 15th St and East 16th St Assessor's Parcel No.: 561-040-03 Staff report by: Jessica Madamba — Planning Technician Applicant: Jun Ki Kim for Seo & Lee Inc. Property owner: Eric Dahrns (Property Manager) Zoning designation: MXC-2 — Major Mixed -Use Corridor Adjacent land use/zoning: North: De Passion Fruit / MXC-2 East: Single Family Residential 1 RS-2 (Small Lot Residential) South: 7 — Eleven / MXC-2 West: Commercial Suites across Highland Avenue / MXC-2 Environmental review: Not a project per CEQA Staff recommendation: Approve Attachment 2 375 of 521 Planning Commission Meeting of January 23, 2017 Page 1 BACKGROUND The property owner has applied for a Conditional Use Permit (CUP) to sell beer and wine at an existing restaurant (Sushi & Galbi). Alcohol sales would be from 11:00 a.m. to 9:30 p.m. Monday to Thursday, and 11:00 a.m. to 10:00 p.m. Friday to Saturday. The restaurant is closed on Sundays. A Type 41 (On -Sale Beer and Wine) license is concurrently being processed with the California Department of Alcoholic Beverage Control (ABC). Site Characteristics The project location is a 1,992 square -foot suite located at 1519 Highland Avenue, in the Major Mixed -Use Corridor (MXC-2) zone. The area is adjacent to other commercial uses including De Passion Fruit, a juice and smoothie business, to the north. The existing Sushi & Galbi Restaurant shares an 18-space parking lot with De Passion Fruit. Single- family residential uses are located to the east in the Small Lot Residential (RS-2) zone. Proposed Use The applicant is proposing to sell beer and wine in an existing 1,992 square -foot sushi restaurant. The floor plan provided with this application shows six separate seating tables and provides 60 seats in total. The applicant wishes to sell beer and wine in the restaurant, which requires a CUP. Alcohol would be delivered to the table upon request. Proposed operations and alcohol sales hours are 11:00 a.m. to 9:30 p.m. Monday to Thursday, 11:00 a.m. to 10:00 p.m. Friday to Saturday. The restaurant is closed on Sundays. No live entertainment or construction is proposed. Analysis Section 18.30.050 of the National City Land Use Code allows for on -site alcohol sales with an approved CUP. Additional requirements for alcohol CUPs include expanded notification, a community meeting, and distance requirements. Mailing — Ail property owners and occupants within a distance of 660 feet are required to be notified of a public hearing for alcohol -related CUP applications. Notice of this public hearing was sent to 260 people, 108 occupants, and 152 owners. Community Meeting — Pursuant to Section 18.30.050 (C), a community meeting was held Sunday, October 2, 2016 at 6:00 pm at the subject restaurant. The meeting advertisement is attached. There were no community members in attendance. 376 of 521 Planning Commission Meeting of January 23, 2017 Page 2 Distance Requirements — Chapter 18.030.050 (C) requires a 660-foot distance from sensitive uses such as schools. However, restaurants with greater than 30% of their area devoted to seating (which applies in this case) are exempt from this distance requirement. There is one school within 660 feet, John A Otis Elementary School. Required findings The Municipal Code contains required findings for CUPs. There are six required findings: 1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code. The use is allowable within the Major Mixed -Use Corridor zone pursuant to a CUP, and the proposed use meets 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 CUP, by the Land Use Code, which is consistent with the General Plan. A restaurant use is consistent with the Major Mixed - Use land use designation contained in the Land Use and Community Character (LU) 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 restaurant in an existing commercial space, 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 food, no measurable increase in traffic is expected. 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. 377 of 521 1 Planning Commission Meeting of January 23, 2017 Page 3 The proposed alcohol sales would be accessory to a restaurant 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. 6. 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 the hours that it will be available; no alcohol will be sold after 10:00 p.m. and will only be available with the sale of food. In addition, a!I business staff is required to receive Responsible Beverage Service & Sales (RBSS) Training. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA). The project is not considered a project under CEQA, as no development is proposed. In addition, the proposed use is similar to other commercial uses in the area, which are permitted by right in the mixed -use zones. 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. In this case the alcohol sales will contribute to the viability of a restaurant, an allowed use in the Major Mixed -Use Corridor (MXC-2) zone. Department and Aoency comments Alcohol Sales Concentration/Location — Per ABC, there are currently 13 on -sale licenses authorized for Census Tract (0117). For reference, the alcohol outlets in the census tract are: Name Trophy Lounge Address License Type* 999 National City Blvd. 1 48 CUP Y 378 of 521 Planning Commission Meeting of January 23, 2017 Page 4 Chuck E Cheeses 1143 Highland Ave. 41 - Royal Mandarin 1132E Plaza Blvd. 41 Y Thomas H Cosby Jr Post 1401 Highland Ave. 52 Y Golden Chopsticks 1430 E Plaza Blvd. 41 Y Karina's Mexican 1705 Highland Ave. 41 Y Ginza Sushi 925 E Plaza Blvd. 41 Y Lai Thai Restaurant 1430 E Plaza Blvd. 41 Y Cafe La Maze 1441 Highland Ave. 47 - Panda Palace Chinese 1105 E Plaza Blvd. 41 Y Grill House at Big Ben 106 E 8i" St. 41 Y Yi Sushi #2 1430E Plaza Blvd. 41 Y Larry E Bennet Post 35 E 18tn St. 52 - Type 41 — On -Sale Beer and Wine for Bona Fide Public Eating Place Type 47 — On -Sale General for Bona Fide Public Eating Place Type 48 — On -Sale General for Public Premises Type 52 — Veterans' Club Of the 13 licenses, 10 are restaurants, one bar, and two American Legion veterans' clubs. The existing restaurant will be subject to the most recent Council Policy standards for on -sale alcohol CUPs. Census tract 0117 includes the area between National City Boulevard and "N” Avenue, and between East 8`" Street and East 18th Street. The attached census tract map shows the location of the subject tract. Per State ABC there are currently 13 on -safe licenses in this census tract (0117) where a maximum of eight are recommended. Therefore, this census tract is considered by ABC to be over -saturated with regard to alcohol sales outlets. Police Department As of the writing of this report, no comments have been received from the Police Department (PD). However, based on recent ABC Risk Assessments provided by the PD, this business could be expected to be allocated approximately 11 or 12 points, which would be considered a Low Risk. The Risk Assessment allocates points based on the type of establishment (restaurant, market, bar, etc.), hours of operation, whether or not live entertainment is proposed, 379 of 521 Planning Commission Meeting of January 23, 2017 Page 5 crime rate (generally), alcohol license concentration, calls for service, proximity to residential uses, and a background check of the business owner. There are three ranges that the business may fall into: 12 points or less (Low Risk), 13 to18 points (Medium Risk), and 19 to 14 points (High Risk). Institute for Public Strategies (IPS) IPS provided comments on the proposed CUP application. The convenience store is !ocated near a church, approximately 80 feet away from the First Congregational Church located at 825 East 16th Street. 1PS recommended that if the CUP is approved, owners, management, and staff be required to attend the Responsible Beverage Sales and Service training (covered under condition no_ 12). Comments are attached for your review. Conditions of Approval Standard Conditions of Approval have been included with this permit, as well as conditions specific to on -sale alcohol sales per Council policy 707 (alcohol incidental to food, hours of operation, RBSS training, etc.). Summary The proposed use is consistent with the General Plan because alcohol sales for on -site consumption are a conditionally -allowed use in the Major Mixed -Use Corridor Zone. The proposed use would be accessory to the existing restaurant use in a commercial area, Which is not expected to increase the demand for parking or other services on the property. The addition of alcohol sales is not expected to have any significant effects on the area. OPTIONS 1. Approve 2016-28 CUP subject to the attached conditions, and based on attached findings or other findings as determined by the Planning Commission; or 2. Deny 2016-28 CUP based on findings as determined by the Planning Commission; or, 3. Continue the item for additional information 380 of 521 Planning Commission Meeting of January 23, 2017 Page 6 ATTACHMENTS 1. Recommended Findings 2. Recommended Conditions 3. Overhead 4. Department and Agency Comments 5. Census Tract Map 6. Public Hearing Notice (Sent to 152 property owners & 108 Occupants) 7. Community meeting advertisement, sign -in sheet, and minutes 8. Applicant's Plans (Exhibits A, Case File No. 2016-28 CUP, dated 10/20/2016) ESS1CA MADAMBA Planning Technician Deputy City Manager 381 of 521 Planning Commission Meeting of January 23, 2017 Page 2 RECOMMENDED FINDINGS FOR APPROVAL 2016-28 CUP —1519 Highland Avenue 1. That the proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because alcohol sales for on -site consumption are a conditionally -allowed use in the Major Mixed Use Corridor. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, because alcohol sales are permitted, subject to a Conditional Use Permit, by the Land Use Code, which is consistent with the General Plan. In addition, a restaurant use is consistent with the Major Mixed -Use land use designation contained in the Land Use and Community Character (LU) element of the General Plan. Furthermore, the property is not within a Specific Plan area. 3. That the design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because no expansion is proposed, and the use would be accessory to the existing restaurant in the commercial area. 4. That the site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, since the restaurant is existing and the proposed alcohol sales would be accessory to the restaurant use, which is not expected to increase the demand for parking on the property. 5. That granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the proposed use will be subject to conditions that limit the sale of alcohol and the hours that it will be available; no alcohol will be sold after 10 p.m. and will only be available with the sale of food. In addition, all business staff is required to receive Responsible Beverage Service & Sales (RBSS) Training. Attachment 1 382 of 521 Planning Commission Meeting of January 23, 2017 Page 3 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, because it has been determined that the proposed use is not a project per the Act. There is no calculable increase in traffic and no other impacts are anticipated; therefore, 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 alcohol sales will contribute to the viability of a restaurant, an allowed use in the Major Mixed -Use Corridor (MXC-2) zone. 8. That based on findings 1 through 7 above, public convenience and necessity will be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. RECOMMENDED FINDINGS FOR DENIAL 2016-28 CUP —1519 Highland Avenue 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 on -sale alcohol outlets — thirteen on -sale outlets are permitted where eight are recommended by the California Department of Alcoholic Beverage Control. 2. That the proposed use is not deemed essential and desirable to the public convenience and necessity, because thirteen other on -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 will not be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. 383 of 521 Planning Commission Meeting of January 23, 2017 Page 4 RECOMMENDED CONDITIONS OF APPROVAL 2016-28 CUP --1519 Highland Avenue General 1. This Conditional Use Permit authorizes the sale of beer at an existing restaurant located at 1519 Highland Avenue. Plans submitted for permits associated with this project shall conform to Exhibit A, case file no. 2016-28 CUP, dated 1012012016. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Deputy City Manager prior to recordation. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 4. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in the Municipal Code. 5. 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. 6. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. Attachment 2 384 of 521 Planning Commission Meeting of January 23, 2017 Page 5 Building 7. Plans submitted for improvements must comply with the current edition of the California Building, Electrical, Plumbing, Mechanical, Energy and Codes. The City currently utilizes the 2016 editions. Fire 8. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA). 9. All required signage shall be designed and installed to the Fire Department's specifications. 10. The National City Fire Department shall be involved with all fire inspections for this site. Rough inspections are required for all phases of work. Planning 11. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 12. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgement to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 13.Alcohol shall be available only in conjunction with the purchase of food. 14. The sale of alcoholic beverages shall be permitted only between the hours of 11:00 a.m. to 9:30 p.m. Monday through Thursday, and 11:00 a.m. to 10:00 p.m. Friday to Saturday. 385 of 521 2016-28 CUP — 1519 Highland Avenue— Overhead .1 386 of 521 UTrtf5. YCOMMUNITY CHANGE_ OJ -CT AI p rjcct o1� -e 1Fnstituf£ for rublic 5tratcgg.ies Environmental. Scan for Alcohol License C.U.F. Sushi & Gallbi Restaurant 1519 Highland Avenue, National City, CA 91950 November 2, 2016 �J31i31 1 1, I NW Photo of Sushi & Galbi Restaurant in National City Earth View of 1519 Highland Avenue and Surrounding Area This environmental scan is for a Conditional Use Permit for the Sushi & Galbi Restaurant located at 1519 High1and Avenue in National City. The applicant is applying for a Conditional Use Permit for the restaurant. An environmental scan was conducted on Wednesday, November 2, 2016. The project site is an existing commercial building on Highland Avenue in the Major Mixed -Use Corridor (MXC-2) zone. The applicant is proposing to sell beer and wine at the project location. The business will continue to operate six days a week, Monday through Thursday from 11:00 a.m. to 9:30p.m. Friday to Saturday from 11:00 a.m. to 10:00 p.m. No construction is proposed. During a scan of the business and property the following was noted: There are currently 3 on -sale alcohol retail business within a block and 1/2 of the proposed site. This census track has a high density of on -sale and off -sale alcohol businesses.. Funded by the San Diego County Health and Human Services Agency 2615 Camino de; Rio Sly. #300 ° San D;s ,v, s �lifcs ' - >':;t Phone: 619.478 v : y _ ;: 619.476-9104 to ,.a.:. Attachment 4 387 of 521 I Youth Sensitive Areas The business is not located near any youth sensitive areas. Churches The business is located near the First Family Community Church on 835 E 16th St, National City, CA 91950. Outlet Density According to the ABC, eight (8) on -sale licenses are authorized for Census Tract 0117 the census track within the area of which 1519 Highland Avenue is located. Currently there are thirteen (13) on -sale licenses issued for the Census Tract is 0117. There are currently 3 on -sale business within a block and of the proposed site. Green Arrow and 1 Fin Depict Applicant's Location for the Sum & Galbi Restaurant at "1519 Highland Avenue" in National City. Yellow Circles Depict Existing Alcohol Outlets in Applicant's Census Tract and Other Nearby Census Tracts Map from ABC.CA.Gov Websrte Showing Alcohol Outlets in National City Tee :CoanhDay Caaeeu yCtaenge PrcleclFeint of iba Institute fix Pubic Strefogies and is funded bythe San Diego County Haatti and Hunsui Services oncy 2E15 Canino del Pio So_ K900 • San Mega, Cafrfortde. 92106 • Plan: 619.A76.9100 • Fax 619.476-S104 nnevciVbrithirategies.org 388 of 521 Census Tracts On -Sale Tract 0117 Establishment is within this tract Allowed: 8 Actual: 13 Number Above/Below Allowable: +5 Off -Sale Allowed: 4 Actual:8 Above/Below: +4 Neighboring Census Tracts Tract 0118.01 Allowed: 5 Actual: 3 Number Above/Below Allowable:: -2 Crone Rate Refer to National City Police Department for crime data. Considerations Allowed: 2 Actual: 2 Above/Below - Should a CUP be issued we would recommend that: Staff, management, and owner be required to attend the Responsible Beverage Sales and Service training. me South Hay Community Change C Camino del Rro So. #300 • San bie90. Cn . 92108 • Phoroe_ U 9AT6-010O • Fax: E1for Putic Strategies and Is huaded by Ole San Diego County76A LHearth and Human Services Ag�ry 389 of 521 August 25, 2014 CensusTrscts 2010 Attachment 5 0 0.375 t r fl 9.6 1:45,467 0,75 1,5 ml 't ► r �J 1 2km $w.mea'. Drf, HERE asLorme, 7omTam, harm*. Inremant P Cap., at, Earl Japan. MET!. Eal Chin Wong Km� r l Cpenetwad i apmrRltutak a i the GS serC mrria qr 390 of 521 PIALMETITP CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR ALCOHOL SALES AT AN EXISTING SUSHI RESTAURANT (SUSHI & GALBI) LOCATED AT 1519 HIGHLAND AVENUE. CASE FILE NO.: 2016-28 CUP APN: 561-040-03 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, January 23, 2017, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Jun Ki Kim) The applicant wishes to sell beer and wine in an existing 1,992 square -foot sushi restaurant. The business operating hours, as well as alcohol sales, will be from 11 a.m. to 9:30 p.m. Monday to Thursday, and 11 a.m. to 10 p.m. Friday and Saturday. 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., January 23, 2017 by the Planning Department, who can be contacted at 619-336-4310 or planningCtnationalcityca.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 Deputy City Manager Attachment 6 391 of 521 Hello! This is notice from your neighborhood restaurant Sushi & Galbi Inviting you to a community meeting about our current status on applying for a beer and wine licence Please come by to 151 ighland Ave, 91950, Na onal City at 6:00 PM on Sunday, the 2" of October to ask any questions you would like about the process and state that we are currently in. Thank you and see you there! Hello! This is notice from your neighborhood restaurant Sushi & Galbi Inviting you to a community meeting about our current status on applying for a beer and wine licence hland Ave, Please come by to ati 1519 91950, onal City at 6:00 PM on Sunday, the 2' of October to ask any questions you would like about the process and state that we are currently in. Thank you and see you there! Hello! This is notice from your neighborhood restaurant Sushi & Galbi Inviting you to a community meeting about our current status on applying for a beer and wine licence Please come by to 1519 Highland Ave, 91950, National City at 6:00 PM on Sunday, the 2°d of October to ask any questions you would like about the process and state that we are currently in. Thank you and see you there! Hello! This is notice from your neighborhood restaurant Sushi & Galbi Inviting you to a community meeting about our current status on applying for a beer and wine licence Please cone by to 1519 Highland Ave, 91950, National City at 6:00 PM on Sunday, the 2" of October to ask any questions you would like about the process and state that we are currently in. Thank you and see you there! Community Meeting (Seo & Lee Inc, DBA: Sushi & Galbi) Address: 1519 Highland Ave National City, CA. 91950 When : 10. 02. 2016 6:00 P.M No Name Address Phon Number Signature VOtoE 6) .46szo FPI 10/62. /gal b. Tg... f 393 of 521 RESOLUTION NO. 2017-2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR ALCOHOL SALES AT A SUSHI RESTAURANT (SUSHI & GALBI) LOCATED AT 1519 HIGHLAND AVENUE. CASE FILE NO. 2016-28 CUP APN: 561-040-03 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for alcohol sales at a sushi restaurant (Sushi & Galbi) located at 1519 Highland Avenue at a duly advertised public hearing held on January 23, 2017, 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. 2016-28 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 January 23, 2017, support the following findings: 1. That the proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with ail other applicable provisions of the Land Use Co =, because alcohol sales for on -site consumption are a conditionally -allowed use in the Major Mixed Use Corridor. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, because alcohol sales are permitted, subject to a Conditional Use Permit, by the Land Use Code, which is consistent with the General Plan. In addition, a restaurant use is consistent with the Major Mixed -Use land use designation contained in the Land Use and Community Character (LU) element of the General Plan. Furthermore, the property is not within a Specific Plan area. 3. That the design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, Attachment 3 394 of 521 Resolution No. 2017-02 Page 1 because no expansion is proposed, and the use would be accessory to the existing restaurant in the commercial area. 4. That the site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, since the restaurant is existing and the proposed alcohol sales would be accessory to the restaurant use, which is not expected to increase the demand for parking on the property. v. That granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the proposed use will be subject to conditions that limit the sale of alcohol and the hours that it will be available; no alcohol will be sold after 11 p.m. and will only be available with the sale of food. In addition, all business staff is required to receive Responsible Beverage Service & Sales (RBSS) Training. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, because it has been determined that the proposed use is not a project per the Act. There is no calculable increase in traffic and no other impacts are anticipated; therefore, 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 alcohol sales will contribute to the viability of a restaurant, an allowed use in the Major Mixed -Use Corridor (MXC-2) zone. 8. That based on findings 1 through 7 above, public convenience and necessity will be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes the sale of beer at an existing restaurant located at 1519 Highland Avenue. Plans submitted for permits associated with this project shall conform to Exhibit A, case file no. 2016-28 CUP, dated 10/20/2016. 395 of 521 Resolution No. 2017-02 Page 2 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of This permit. Failure to return the signed and notarized Acceptance Forrn within 30 days of its receipt shall automatically terminate the Conditional Use Permit The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Deputy City Manager prior to recordation. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 4. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in the Municipal Code. 5. 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. 6. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. Building 7. Plans submitted for improvements must comply with the current edition of the California Building, Electrical, Plumbing, Mechanical, Energy and Codes, The City currently utilizes the 2016 editions. Fire 8. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA). 9. All required signage shall be designed and installed to the Fire Department's specifications. 10. The National City Fire Department shall be involved with all fire inspections for this site. Rough inspections are required for all phases of work. 396 of 521 Resolution No. 2017-02 Page 3 Planning 11. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 12. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgement to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 13. Alcohol shall be available only in conjunction with the purchase of food. 14. The sale of alcoholic beverages shall be permitted only between the hours of 11:00 a.m. to 11:00 p.m. daily. 15. No alcohol shall beconsumed on the patio or anywhere outside of the building without modification of this Conditional Use Permit. The permittee shall post signs at all exits to outdoor seating areas, indicating that alcoholic beverages must be consumed inside the restaurant and may not be taken out to the patio area or off -premises. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. 397 of 521 Resolution No. 2017-02 Page 4 CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of January 28, 2017, by the following vote: AYES: Garcia, Yamane, Bush, Sendt, Dela Paz NAYS: None. ABSENT: Flores, Baca ABSTAIN: None. 398 of 521 2016. 10. 20. • Elotltled.prig • Highland Avenue East 15th Street TTIFF Parking Lot 1515 Highland Avenue Wall 1519 Highland Avenue (Sushi & Gaibi) 1539 Highland Avenue (7-11) Attachment 4 EXIIIBIT: CASE FILE NO.: Dt6r2fjC DATE: ioj2©tz.otk 399 of 521 FFloor PIan(s,&eInc,oEushI&GaIbI) 148" 154" 1 Office 597" 118" 1 Table Table Tame ----> I E--- C 204" Walk in Cooler Cooking Zores(14ft) +cooler Cooler Table Work Table 236" 1 Sink Drain LLS L) uapl $d 119" --- > Patio 119" -> 274" Table Table 192" Partition(200") Table - Table Table ---- 109" -- > Restr-oo an) Restroom (Women) 162" 1 225" I< 452" Patio 240" 400 of 521 CC/CDC-HA Agenda 2/7/2017 — Page 401 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit — Circus Vargas event sponsored by Circus Vargas from February 16, 2017 to February 27, 2017 at the Westfield Plaza Bonita Mall with no waiver of fees. (Neighborhood Services) 401 of 521 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 7, 2017 AGENDA ITEM NO. j ITEM TITLE: Temporary Use Permit — Circus Vargas event sponsored by Circus Vargas from February 16, 2017 to February 27, 2017 at the Westfield Plaza Bonita Mali with no waiver of fees. PREPARED BY: Dionisia Trejo DEPARTMENT: Nei PHONE: 019) 336-4255 I APPROVED BY: EXPLANATION: This is a request from Circus Vargas to conduct the Circus Vargas event at Wes eld Plaza Bonita Mail from February 16, 2017 to February 27, 2017. Set up for this event will commence at 1:00 a.m. February 14, 2017 on the west side parking lot of Plaza Bonita Mall. The show times will vary on dates from 1 p.m., 4:00 p.m., 7:00 p.m., and 7:30 p.m. Each show lasts approximately 1 1/2 hours. This is a completely self-contained event in a traditional big top circus with concessions. There are no performing animals, no rides, no games, no outside vendors and no alcohol. Vehicles are used for transportation of operations. There will be eight internal Security Guards and sufficient parking is available at the mall. Food will be prepared on -site in a trailer. Clean-up will be performed after each show. d Services Department This event will end with its last show on Sunday February 27th and will be dismantled by February 28, 2017. This event was approved by Council in 2015 & 2016 with no waiver of fees. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: City fee of $237.00 for processing the TUP, plus $400.00 for the Fire Permits. Total fees: $637.00 , NVIRONMENTAL REVIEW: NIA! ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD 1 COMMISSION RECOMMENDATION: INIAl Finance MIS ATTACHMENTS: !Application for a Temporary Use Permit with recommended approvals and conditions of approval. 402 of 521 - CALIFORNIA lactillpoaitaa City of National City * Neighborhood Services Department 1243 National City Boulevard a National`City, CA.91950 (619) 336-4364 a fax (61'9) 3384217 wnrw.naticnalcityca gcv Special Event Application Q .Fair/Festival 0 ParadelMarch L1 Walk or Run 0 con Performance TUP Q Sparta Event Q Other (specify) EICEEMEMEZEN Eve rtf Tide Circe Vargas Event Location a l sites bung r . ested) Westfield National City Plaza Bonit2 Set -Up Starts Date 2/14/2017 Time 8:00 em Day of Week Tiny Event Starts Data .2116/17. Time7:38 pm Doi of Weds Thursday Event Ends Date 24i 712017 Time 7 0 pm ._ Day ofWeekMonday Breakdown Ends Date 2/2812017 Time 4`C Day of ti1Veek Opm Tuesday E Appicant (Your name) `mina AA �cio Sponsoring Organization CircusVsrgss Event Coordinator (if dent from applicant) Maa7ing.Address 992 Blue Lantern Dr. Henderson. NV 89015 Day on 281 7�575$ After Howe Phone 281.570-5758 Cell 281-57# 7 Fax Public Information Phone 1 fit- n1 E-r aii rxt Applicant agrees to itwestiotte, defend, indemnify and tioki #twmless ttre City, its officers, emplonaes and agents from and ageinst any and alt loss, damage, liability. claims, demands, detriments, costs, charges, expense (including attorne tee) and nurses of action of ertyr character vrtuch tine.City, its tom; employees and agents May incur, sustain or be subjected to on account of loss or dafge to property or the loss of use thereof and for bodily innrry to or death of any persons (including but not limited to the employees, subcontractors, agents end ink of each party hereto) arising out of cr in any way connected to the occupancy, enjoyment and use of any City premises under this agreement to the merit permited by taW. Applicant understands this TIP/special event may implicate fees for City services, whIctn will have to be paid in the Cityt's Pittance Department 48 hours_prior to the event set-up. The undersigned also unds stends and accepts the City's rolatd policy for application proaissing and factlity USQ sod Chi t feas and chi areaorpotedennualyand .we subject to rnge. Signature of Applicant: Date 111812017 403 of 521 Special Event Application (Continued) Please complete the following seams with as much detail es possible ice fees and requirements are based on•.tle.inforrnation you provide us. MEMINEEMENEal Is your organization a "Tax tempt, nonprofit" organization? Yes 0 No 111 Are admission, entry, vendor or participant fees required? Yes No 0 If YES, please explain the purpose and provide amount (s): Tickets range from $22 thru $ '_` Estimated Gross Receipts including ticket, product and sponsorship sates from this event. $ -. Estimated Expenses for this event. What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? MENEMEGUI 0 First time event ® Returning Event ❑ include sitempp with application Note that this description may be published in our City Public Special Events Calendar. Please see attached lnformaVon packet provided IMEMEEMIIMMI Anticipated of Participants:500 per show Anticipated g of Spectators: 11,t1Q0 total Participants: 1 404 of 521 Traffic: Control, Securit F;rstAit and,Accessibriit Requesting to close a sets) to vehicular traffic? Yee 0 No 2 List any streets requiring closure as a rem of the event (per map): Date and time of street closure: Date and time of street reopening: 0 Other (explain) in) Requesting to post "no parking" notices? Yes 0 No ON Q Requemed "No Parking" on city streets andfar pstking lots (lam marking lots) (provide map): © Other (explain) Security and Crowd Control Depending on the number of participants, your event may require. Police services, Please describe your procedures for both Crowd Control -and internal Security: See attached Packet Have you hired ProfsProlessit31101- Security to Putnam security amengetraents for thin event? Yee 0 No If YES, name and address of Security Organization Security Director (Name): Phone: If using the services of a jai amity frm AND theevent wig occur on City property, please provide a copY of its insurance certificate,.evidencing liability with limits of at least $1 Million dollars per occurancef$2 Eton dollars aggregate, as well as and additional Wired endorsement naming the City of National City; Ns offoers, employees, and agents as additional Insureds. Evidence of insurance must be proved by the vendor or its purer to the City's Risk Manager for review and approval prior to the event Is this e night event? Yes (@ No_❑ VIES. please state how the event and surrounding erne will b.e Illuminated to ensure safety of the part o ents and ors; The liorits on the top of the Chcys Top win illuminate the surnding area out side the tent. 3 405 of 521 First Aid Depending on the number of participants, your event may' require specific First Aid services. First aid station to be staffed by event staff? Yes 0 NoN First aid/CPR certified? Yee NO No 0 D First did station to be stied by professional company. ► Company Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please see attached Information packet provided Setting up a stage? Yes D No Q Requesting Cfty's PA system 0 Requesting City Stage; if yes, vehich size? [] Dimensions (13x28) ID Dimensions (2048) 0 Applicant providing ► (Dimensions) Setting up canopies or tents? # of canopies size 2 of tents site 543,1$' No canopies/lents being set: up wing up babies and chairs? 0 Furnished by Applicant or Contractor # of tables 0 No babies being setup #*of chairs a No chairs being set up. a (Far City Use Only) Sponsored Events — Does not apply to co -sponsored events _�.._..__ * tables 0 No tables being set up # of chairs d No chairs being set up. Contractor Name. Contractor Contact information Address 4 City?Stete Phone Number 406 of 521 Setting up other equipment? O Sporting moment (explain) ❑ Other (explain) O Not setftng up any equipment listed above at event Having amplilled sound and/or made? Veal NoO ❑ PA diem tr announcements 0 CO player or DJ music p L% Music l► 0 Sall 4-6 piece live band ► p Laid 6i piece fire band 111 Other (e irin) MUSIC if using live MUSIC or a DJ. b Contractor Name Address - City/state Using lighting _equipment at your event? Vasa No 0 • Bringing in ova-hghting equipment O Using dal lighing company l~ Company Name Address Phone Number Using electrical power? Yes Ili No❑ O Using On -site elect iafty ❑ For sound and/or lighting [ For food and/or refrigeration Bringing in generator(s) 0 For sound andl+rr lighting 0 For food andlor won PLEASE NOTE: You may be required to apply for a temporary health permit if food or beverages are sold of given away during your -special event. Also see `Permits and Compliance' on page 8 in the Special Event Guide. For additional Information .on obtaining a temporary head pelt tease contact the County of San Diego Environmental Health at (818) 8384383. Having fOod and non -alcohol beverages at your event? Yes ® No 0 0 Vendors preparing food once l # ____ . Business License p . If yes, please describe how food will be served and/or prepared: cirs a min s� °vaned ..� and operated by Circus Vargas if you intend to cook food in the event area pleasespecify the method: p GASp ELECTRIC 0CHARCOAL OTHER ,(Specify): d Vendors bringing pre.pecitaged foods # O. Business License* 0 Vendors bringing bottled, non-alccholc bermes. (Le., bottled water, can soda, mac,) ❑ Vendors selling food # ► Business !Jeern*e #(s) © Vendors selling merchandise#l► Business .License #(s) 5 407 of 521 ® Food/beverages .to be handled by organization, no outside vendors Vendors selling services # s Business License #(s) S ► Explain services By Circus Vargas no outside vendors [] Vendors passing out information only (no business license needed) # ► Explain type(s) of information rJ No selling or informational vendors at event Having children activities? Yes 0 No® PLEASE NOTE, In the event inflatable jumps are provided at the event, The City of National City requires commercial liability insurance with limits of at least $7 Million dollars per occunence/92 Million dollars aggregate. In addition, the City of National City must be named as an Additional insured pursuant to a separate endorsement, which shall be provided by the vendor or Its insurer to the City's Risk Manager, along with the Certificate of Insurance, for approval prior to the event The application should be filed out at least one week prior to the event. There is a $25 fee to process the permit application. For questions or to obtain a copy of the `Facility Use Application'', please contact the Engineering/Pubilc Works Department at (619) 336-4680. O Inflatable bouncer house* ❑. Rock climbing wall Height ❑ inflatable bouncer slide # ❑ Arts & craiafts (i.e., craft making, face painting, etc.) ▪ Other Having fireworks or aerial display? Yes 0 No J • Vendor name and license # Dimensions Duration Number of shells Max. size PLEASE NOTE: In the event fireworks or another aerial display is planned for your event, The City of National City requires commercial liability insurance with limits of at least $2 Million dollars per occurrence/ Million doilara aggregate. In addition, the City of National City must be named as an Additional Insured pursuant to a separate endorsement, which shall be provided by the vendor or its insurer to the City's Risk Manager. ;Tong with the Certificate of Insurance, for approval prior to the event. Depending on the size and/or nature of the fireworks display, the City reserves the right to request higher liability limes. The vendor must alsoabtain a fireworks permit from the National City Fire Department and the cost is $602.00 Arranging for media coverage? Yes❑ No@ 0 Yes, but media will not require special set-up 0 Yes, media will require special setup. Describe 6 408 of 521 ErgECM PLEASE NM 'For City sponsored & cro-Sponsorecl events; banners publioizing- the event may be placed on the existing poles on the 1800 block and 3100 block of National City Boulevard. The banners must be made to -the CitVe specifications, Please refer to the Cky's Special Event Guidebook and fee Schedule for additional information Are you planning to have signage at your event? Yes No Yes, we will postsignage # 30 Dimensions 8.5in x 12in 0 Yes, having inflatable signage lib. (complete Inflatable Signage Request tern) 13 Yes, we svOl have banners # 4 a Mat:will signs/banners•say? No &roam_ Restrooms. Exit. Entrance, Emergency Exit Only. Circus Vargas Banners informational 11 signs for How will signs/banners be anchored or mounted? public refernoes Waste NI ail WH be zip tied to railing or hung on fencing PLEASE NOTE Prle toilet for every 250 people is required, unless tile appAicant can show that there are sufficient faCities in the immediate area available to the public during the event Are you planning /.o provide portable restroorns at the event? Yes 5, No El If Yes, please identify the following; P. 'Mfg+, menter of portable toilets: 6 e- Total nurhb. er of ADA accessible portable toilets: 2 contracting with portable too vendor. 0, Southwest Site Services Phone: 8136-S92-8451 Loact_in Day & Tirne V14/2017 gam ComIxiltlY Phone t. Load -out Day & Time 2/28/17 10am Pertabie toilets to be serviced II- Time "TY 3 sh Set-urekdown4iThp Settlftil OP the day befOre.the avant? • ljffi Yes, will setup the day before the event. # of sekipday(s) 2 0 No. 'set-UP:MI.0=r on the eirentday Requesting. vehicle *woes onto the turf? 0 Yes, requesting access onto turf foreet4tip and breakdovin locenplete attached Vehicle Request fonn) al No, vehicleswill load/unload from nearby street or parking tot 7 409 of 521 ?NID:a.E -Lover Fence Q City to • III litter fence• Q Applicant toinstal litter fence N/A Breaking down set-up the day alter the event? ® Yes,.breekdown will be the day after the event. o # of breakdown day(s) Q No, breakdown wiU occur on the event day. How are you handling clean-up? Q Ding City crews Using volunteer clean-up crew during and after event Using professional dewing company duringand after event. Please list anything Important about your event not already asked on thisapplication: Please make a copy of this application for your records. We do not provide copies. 8 410 of 521 NATIONAL f :i.•: +ssoHxsrq I. Soda.! Event infonnatton Name of Spedal Event: Clrcus Vargas Special Events Pre -Event Scorn Water Compliance Checklist Event Address: 3030 Pima Bonita Road Expected a of Ate: Event Hostteoordhuton Angelina M QueVedn Phone Hater. 281 51O 6758 f IL Storm Water Best Management Practices (BMPs} Review Will enouh trash MOS provided for the event? Provide number of trash fdns: 0 N/A Wiff enough recycling bins provided for the event? Provide number of recycle bps: 8 Will all portable toUets have secondary containment trays? • (exceptions forADA compliant portable tonna Bo all storm drains have screens to temporarily protect trash and debris from entering? a Art spill cleanup kits readily avallab a at designated its? * A Post Event Storm Water Compliance Checklist will be completed by City S 9 411 of 521 City of National City ,Pusuc PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which Includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit.. The insurance company issuing the insurance policy must have a.A.itL Best's Guide Rating of A:Vii and that the insurance company is a California .admitted company; if not, then the insurance policy to the issuance of the perrnit for the event. The Certificate Holder must reflect: City of National City Risk Management Department 1243 National City Boulevard National City, CA 91950 Organization: ation: Tabares Entertainment, de Circus Vargas Person in Charge of Activity: Angelina na Quevedo Address: 992 Blue Lantern Dr. Henderson, NV 89015 281-570-5758 Telephone: DateW of Use: tIOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to .conduct fts activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any end .all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both; or any litigation air! other liability; including attorneys fees and the costs of litigation, arising out of or related to.the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant: Date: Official Tale ., s . .44. ,tt ,',� �" (:. ' For Mice Use Only Certificate of insurance Approved Date 10 412 of 521 Westfield Plaza Bonita 3430 Plaza Bonita Road Suite 2075 San Diego, CA 91950 T (619) 267-2850 F (619) 472-5852 January 19, 2017 City of National City Building & Safety Department 1243 National City Boulevard National City, California 91950-4301 Re: Temporary Use Permit Tabares Entertainment (Circus Vargas) — Westfield Plaza Bonita To whom it may concern: I hereby authorize Angelina Quevedo, acting as representative of Tabares Entertainment, Inc., to operate a business known as Circus Vargas in parking lot #1 at Westfield Plaza Bonita during the dates of February 14, 2017 —February 28, 2017. Angelina Quevedo has permission to install temporary power to poles in parking lot #1 to provide power during the temporary use time If adequate power is not already in place. Angela Quevedo will obtain ail necessary permits from National Cityfor occupancy at Westfield Plaza Bonita. Please feel free to call me if you have any questions at 619.267.285D. Sincerely, Mic el Bosco General Manager Plaza Bonita Cc: retailers file NI= 413 of 521 Circus Vargas 2017 National City Dates: Showtirnes and Set up Location Requested Dates Westfield Plaza Bonita 3030 Plaza Bonita Rd, National City, CA 91950 T 619.267,2850 February 14th to February 27th 2017 2 Set Up Days. 11 Performing Days Day Date Schedule Notation Showtimes Tuesday Feb 14th Will enter property at 1:00 a.m. No Performance Wednesday Feb 15th Setup Day No Performance Thursday Feb 16th Opening Night 7:30 p.m. Friday Feb 17th 4:30 & 7:30 p.m. Saturday Feb 18th 1:00-4:00 & 7:30 p.m. Sunday_- - Feb 19th 1:00-4:00 & 7:00 p.m. Monday Feb 20th President Day 2:30 & 6:30 p.m. Tuesday Feb 21$t No Performance Wednesday Feb 22"d 7:00 p.m. Thursday Feb 23rd 7:00 p.m. Friday Feb 24th 4:30 & 7:30 p.m. ' Saturday Feb 25th 1:00-4:00 & 7:30 p.rn. ' Sunday Feb 26th 1:00--4:00 & 7:00 p.m. . Monday Feb 27th Teardown of the circus will begin after the show. 7:00 p.m. Tuesday Feb 28th - Circus will vacate property before 7:00 a.m. Cleanup crew will finish cleaning the lot around 10:00 a.m. All rented equipment, e.g., restrooms, fencing and dumpster, will be picked up before 10:00 a.m. ' • Contact info of managers on site during the event - Angela Quevedo: 281-570-5758 (General Manager) - Alberto Marinelli: 818-602-1271 (Production Manager) Jon Weiss: 941-320-4491 (Lot Manager) Andrea Bachliyski: 206-799-1459 (Office Manager) - Stovall Bachliyski: 206-799-7937 (Operation Manager) Angelina Quevedo -Tabares Entertainment, Inc. 992 Blue Lantern Dr. Henderson, NV 89015 Phone: 281-570-5758 E-Mail: Anuevedo@circusvargas.com 414 of 521 SWAM IRS Circus Vargas 2017 National City Show Info: LENGTH OF SHOW: Approximately one and one-half hours EXPEXTED ATTENDANCE: 300 — 500 per show SEATING CAPACITY OF TENT: 1,250 NO GAME OF CHANCE NO MECHANICAL RIDES NO PERFORMING ANIMALS NO PYRO OR OPEN FLAME ARE USED DURING THE SHOW NO ALCOHOL IS SOLD OR SERVED NO OUTSIDE CONTRACTED VENDORS Circus Management provides in-house security guards. Managements carries radios and cell phone in case of 911 Emergency. Circus Vargas is completely self-contained. The show has a two generator system with an emergency battery backup. if the main generator shuts down, the backup generator will be turn on but all emergency lighting will remain running with the battery backup sjrstem. A source of water is usually provided to the Circus by the venue on which the Circus conducts business, if not the Circus will rent a Water meter from the city. Circus Vargas rents porta-potties from a local sanitation companies. Circus Vargas is a family show and attracts primarily families, in-house security is normally sufficient to provide appropriate crowd control. The security use radios to communicate with each other and can use cell phones to contact local law enforcement if the need exists. Angelina Quevedo - Tabares Entertainment, Inc. 992 Blue Lantern Dr. Henderson, NV 89015 Phone: 281-570-5758 edo@circusvargas.com 415 of 521 Circus Vargas 2017 National City Circus Vargas Cleanup & Recycling Plan Circus Vargas does not hire or contact with outside vendors or temporary workers. All staffing will be with workers that travel with the show. The staff is currently trained on proper sanitary and clean-up procedures. There is a staff of 25 people and while some people are working throughout the day, all of them are present from one hour before the first show of the day until after the show is over and clean-up is completed. Since the nature of a circus limits the areas in which the public travels, the major portion of the clean up will be in a limited area. Plus, there are a very limited amount of food items sold. Staff continuously cleans up the entrance are throughout the time the show is open to the public so trash does not remain on the ground. Trash is cleaned up after each performance inside the tent. And, once each day, trash will be picked up in the parking area, which is expected to be minimal since most people consume items early in the show and are unlikely to bring trash back to their car. A trash dumpster will be contracted for placement on the grounds. Several trash cans are avail- able for public use in the circus entrance area. We will also have bins in which people can put recyclable items. However, due to the nature of our operation, most people buy their food products and take them immediately into the tent where they sit down. They normally let their trash fall through the bleachers, where we clean it up after each show. Since soda's and water are served in plastic bottles and cans, our staff will put those, along with appropriate paper products into the recycle bins and transport them to an appropriate recycling facility or make arrangements with the dumpster company for their removal. I hope that I have provided you with all the information needed to approve this plan. If you have any questions please call me at 702-513-9767 and I will be happy to assist you. Angelina Quevedo - Tabares Entertainment, Inc. 992 Blue Lantern Dr. Henderson, NV 89015 Phone: 281-570-5758 E-Mail: Aclueo@circusvargas.com 416 of 521 Circus Vargas 2017 National City Circus Vargas Security Plan Since Circus Vargas is a family show and attracts primarily families, in-house security has been sufficient to provide appropriate crowd control. Since there is nothing to see other than the show itself, there are no people just loitering in the area. Crowds come at show time, enter the enclosed midway area and take their seats. After the show there is nothing else to see so they exit to their cars. Many of the things that attract or encourage trouble or the necessity for police intervention will not be present at Circus Vargas. Alcohol will not be sold or served and there are no games of chance or mechanical rides. While a carnival attracts ages 12-22, a prime age for those who cause trouble, Circus Vargas primarily attracts children of elementary school ages or younger along with their parents and grandparents. Circus Vargas has its own security team consisting 8 uniformed (unarmed) security personnel (includes one head of security). The uniforms consist of matching Circus Vargas shirts and pants. This low key approach to security maintains the atmosphere of family fun. If requested, the security team can wear uniforms that identify them as security. All security will be scheduled one hour before each performance and stay Thirty minutes after the performance. Security personal will be stationed both inside and outside the tent as well as next to the ticket booth. Security Personnel will have access to walkie-talkies for communications between themselves in addition to cell phones that can be used to call additional personnel as well as local police or fire, if it becomes necessary. In addition to the security officers, a closed circuit video security system monitors the inside of the ticket booth, where money is handled, as well as the midway area and the area in front of the ticket booth. This video system is attached to a recording device that can be used to have a record of events. Further, the layout of the Circus Vargas tent has more exists than are required by California State Codes and the total number of feet on those exists also exceeds state requirements. Angelina Quevedo - Tabares Entertainment, Inc. 992 Blue Lantern Dr. Henderson, NV 89015 Phone:281-5?D-575 r "" Ledo@circusvargas.corn 417 of 521 Circus Vargas 2017 National City DETAIL LOT PLAN FAR VIEW Angelina Quevedo - Tabares Entertainment, Inc. 992 Blue Lantern Dr. Henderson, NV 89015 Phone: 281-570-5758 E-Mail: Anuevedo(aicircusvargas.com 16 Circus Vargas 2017 National City ACTUAL PHOTOS OF WENT IN 2015 Angelina Quevedo -Tabares Entertainment, Inc. 992 Blue Lantern Dr. Henderson, NV 89015 Phone: 281-570-575 M I ri[111Pvedo@circusvargas.com 419 of 521 Circus Vargas 2017 National City Circus VargaslPRaza Bonita Detail Lot Nan _7790Pkw-ILV-4Fed Natwal::i C4BIREC Angelina Quevedo - Tabares Entertainment, Inc. 992 Blue Lantern Dr. Henderson, NV 89015 Phone: 281-570-5758 E-Mail: ;Aauevedo@circusvargas.com 18 Circus Vargas 2017 National City ACCESSIBILITY LOCATIONS Angelina Quevedo -Tabares Entertainment, Inc. 992 Blue Lantern Dr, Henderson, NV 89015 Phone: 281-570-575 r ^..-.•'vedo@ circusvargas.com 421 of 521 • Circus Vargas 2017 National City ADA SEATING Circus Vargas Ringside Box Seating tar . a 150" 3 4 Performance Entrance ma 'sr 48" 4$1",,im rli Eg 0 c.‘11 4°' .441441 ti , M A 4 it) 1 J Performance Ring VIP Seating 4,f2 G E F - 410.E2 f,14 4:t• 1;2:4 '511.1 Al'•CC; Main Entrance "9} t Angelina Quevedo - Tabares Entertainment, Inc. 992 Blue Lantern Dr. Henderson, NV 89015 Phone: 281-570-5758 E-Mail: Aquevedo@circusvargas.com 422 of 521 Circus Vargas 2017 National City HEARING LISTNING DEVICES iternftleletalloilso eft Al mAi* Mi .T-- "" P4,"► ..ti =. - :. -:. Circus Vargas is equipped with 4 Hearing Listing Devices. These devices are trarnissiting through a wireless FM Receiver. Thease are avaiable at the box office upon request. Angelina Quevedo - i abares Entertainment, inc. 992 Blue Lantern Dr. Henderson, NV 89015 Phone: 281-570-575 F-nna;i• edo@ circusvargas.cur 423 of 521 Circus Vargas 2017 National City E03 Specifications Overall System Performance: Frequency response: 100 Hz - 10KHz ± 3 dB Signal-to-noise ratio: 60 dB Total Harmonic Distortion: <0.5% RF Carrier Frequencies: Eight factory preset channels between 72-76 MHz ,Channel AA: 72.1, BB: 72.3, CC: 72.5, DD: 72.7 ,EE: 72.9, FF: 75.5, GG: 75.7, HI -I: 75.9 Frequency stability: Better than .005% Modulation: FM ± 75 KHz Operating range Up to 300 feet line -of -sight E03-T Transmitter Line Input Connector: One 1/4" phone jack, Impedance: 100 K Ohms, unbalanced. Mic Input : Connector: One 1/4" phone jack • Impedance: low impedance, unbalanced, with 9 VDC at 1 mA for condenser mic. Power Output: 80,000 µV @ 3 meters Controls: Power On/Off, audio input gain adjust Indicators: Power On LED, Audio Modulation "TX" LED Antenna: Permanently mounted telescoping whip Power requirement: 9 VDC regulated, @ 200 mA, AC-E03 adapter provided Dimensions: 1.25" H, 8.25" W, 4.25" D (3.175 x 20.9 x 10.8 cm) Weight: 18.2 oz. (500 g.) E03-r Receiver Controls: Combination volume/on-off wheel Audio Output: 100 MW max into 16 Ohms Connectors: 3.5 mm mini jack for earbuds output Earphones: Binaural EB-3 earbuds with optional -use EMI soft rubber inserts Antenna: Integral with earbud cord Indicators: LED power on indicator Sensitivity: 2 µV for 12 dB Sinad with squelch defeated, Squelches at 10 µV for min. 50 dB S-N ratio Mute Threshold: 8-10 µV Power requirement: 9V carbon zinc or alkaline battery Battery life: 17-20 hours with alkaline battery; 10-12 hours with carbon zinc battery Dimensions: 3.35" H, 2.75" W, .75" D (8.5 x 6.5 x 2.25 cm) Weight: Angelina Quevedo -Tabares Entertainment, Inc. 992 Blue Lantern Dr. Henderson, NV 89015 Phone: 281-570-5758 E-Mail: Auuevedo@circusvargas.com 424 of 521 Circus Vargas 2017 National City 2.65 oz. without battery (73 g Fire Information Angelina Quevedo -Tabares Entertainment, inc. 992 Blue Lantern Dr. Henderson, NV 89015 Phone: 281-570-5758 E-Mail: nue edot circusvargas.com 425 of 521 Waft Circus Vargas 2017 National City Pry Trslens Fire Larne circus Vargas Tent 1474eet Round 4440 ITech Trete 1 0 ifterflenial • atr 4M.SW4/Vir Pablic entrance MD 77 an' ;, ti Tte:rett I Truck Mick CIRCE'S tiARGAS GFRERIC LOT LAYt]t4 Spotlit Ignrl wry be roadUied far Ike tondos sdtex &askew istaet sp. Telt IAA It provided to Amite man apetetiesr aadytprostwtie Wntiart afar t e le tie setup. Water is r bhi*ed One a Wart ikwdrerl tat sit wed water () is kilt W Meeks reel pumped bye taseteampagv Angelina Quevedo -Tabares Entertainment, Inc. 992 Blue Lantern Dr. Henderson, NV 89015 Phone: 281-570-5758 E-Marl: Aquevedo@kircusvargas.com 426 of 521 Circus Vargas 2017 National City J Erosoata q ' Ertl s rat hbvigeseat Pe:fa nner Trailer! Pre Lane Enteransr Erhi Circus Vargas Tent 147.Faet Round a I Usk 1 Iva 1 stY Mode Ee e»ee ®MICl .t 11 t blasts ISeim t oft Goo Gar IMMO Twck 1 ?MIA I COCCUS VARGAS GENFAZIC LOT LAvour Spot& ir;►or t ow be modified for ale kudos oboe Ike* a hod mi. ibis died is provided le *swat vibe operation sad approximate l«ailn abeam to be setup. Water is ciorihed keel a lees) Elydrarit as sleeted teeter 0iis kid isteaks mall soaped by a load mammy Angelina Quevedo -Tabares Entertainment, Inc. 992 Blue Lantern Dr. Henderson, NV 89015 Phone: 281-570-575 F-Mail- m edo@circusvargas.corn 427 of 521 1 Circus Vargas 2017 National City Si Exit X ; Q! k4' Exit • 17—id EXITS i ' X • Mre E.'CIi' uis era 1S 3A•102C Mated ' located near *snits ! ACCESSIBLITY SHEET PERFOR1,1ERS ENTRANCE ``�. ti MSO \ \ 1 1d iii t t "' CENTER. -;.3,�' '~ kr ' s • s i ...-,' E:12-s 1 `- XX�.—. SG' Exit f: r F ! ~ / aWwe snar S ss....Aees. l 3wa., i' eed.�jt, t , ur Exit I • Attu MM'Ards Ants reaan)tare bastes ptesdr Arra Masted u bleachers/re 11®6a Bozos around ship have 2 raw* of 4 lease chain *ach with are stele ketween gawps of two. a airs aro t mewd for flandiceppod &rating on ae noweedsd baste w Seating Capacity 1250 (W A �R Masan vs Public Entrance Ire i S • tto Serbia* Sign All Fond sad gat OMMAtwsur 10 • n 10' *taws clndr Armeniik re 32 trains • llipntiaated Erik 111gn with somas soas of WOW� terotale openings latila Moe cobtriading colors shove *vezy exit Signsa tacbotl to a gmeeretor, $ to the teat and are on at Erin aliuy metal *rapport. back stp gaoerater sad battery as third sore* of "serer. Corms � a ' oi>b3' pea shove }tear INvel aced do not abstract tb* as*. ®Fderaas of *press is itiwninotad brats light on tap of inch sign at eat t*ae than 1.feet naafi* at Meer tovei. o ha -Smoking Slone Posted maid eTent Exit Signe ant IUentine tad ogress *[sees aid to *post* fie ooakinb laaisde the font S9 Masten when *pirated at felt design demand. 33'xSE' E:+ Angelina Quevedo - Tabares Entertainment, Inc. 992 Blue Lantern Dr. Henderson, NV 89015 Phone: 281-570-5758 E-Mail: Apuevedo@circusvargas.com 428 of 521 SitAM CIRQUE cz Circus Vargas 2017 National City EGRESS PLAN ie,.eea e,ri o,4w,.a . urn Minim . -. -_-_:Imatr,j ®—. g iO Exit y • rbw� Belden I e/y 1 fMIMA.e.�lede� "' ▪ „%wed Bedintlia R4 ,.� 1✓C` ,`9 Ulm wsh%w• �jw la' fait 1- 30' c7CiC tT-1Q i (rrs Ix —Fri Extll itiai grz itk 22.1aic tinted • kneeled near write Aeon Marked as Steadiers are beeches Area Marked as Amin m Bxftet plaster chairs cErER F�HG s litrik,11 > Public Entrance 1? Boxes around ring have 2 rows 04 Ferran 33" x 511' Welly* eiele trial an elite between green* �— 4 of hes. (Metre era removed few %so ened See sing brt ae err eteerded Dade 147 ibmhnsied fxft 51ge oath 3 *burros of power above teary snit Wpm *teethed to a generator, basis ep;eeeenter and battery es *led towhee of greener. ®tZ►*rers Idioms is illwnineted kern fight ea tap of exit elan st est tete thou 1.1oet eaedt* at *oar tweet. Exit eigrae end fi emir tad tarspgene rift 3* ep+rtie If euaelres when Deemed et iris Iasige dome& Seating Capacity 4D MI Fagot nit Novvidet rnaMrs are Fff shed 4ilirAc mFe,*re32helm Se * 3*3rei snake Certain ■ at exits have eaetee*Nn# eaters to ibe tort and aro an i lees.sfllnp metal support. Certain height s reins ecsea of *Neches s skews Amer Soiled sad do not obatrent fife fife Smutting Sou Posted inside Tent Mr cooking trnid* the fen 4,1 Angelina Quevedo-Tabares Entertainment, Inc. 992 Blue Lantern Dr. Henderson, NV 89015 Phone: 281-570-5758 edo@circusvargas.com 429 of 521 Circus Vargas 2017 National City gasemplender out to KW when 0* gig Boor 04125 amp Main Weaken This hex has Zo plugs Seams midi with individual breakers 209asapw3 phase feeder Babies DIV 1 GENERATOR POWtitELECTRICAL PLAN ■eminstara1f r p I Barr fa: 120{20111/AO#aed fors:haws Lighsing and Sound Has 1- Mom a- 50 amp anal 15-30 amp plugs aid) Peirkemonae Area fireondRo BOX 3f2$3:each haw 5-50a!ng. 1.-23ampf II -name pouge will, ind`cidl,r breseimrt. Tha;,- supgy pow to the Mies and the Kx3 I• shear Sidi verb -Warm a.ld for i1V3 mire Management Train+ Ts hilanagratent'irailers IdenagereserstTr.s 1 Esdreesue Main likotEMIteue ManagernentTheSerr Manadaresent Trailers Management Trailers Power er utlon may he medead per Fit. Tits intended es s g011e and appronneate was, aline newer diatri6utime.. The generatone are indepondem of each biter and are not run dimeRaraotdy and arse mammary ordt hen owe! Each generator Le indepordentlygrowded by are Sit mewed rod in conjsn aktrr With a gratindali Fonp marten omits.. 3 phase Feeder rats uolth cam lock ends are used to supply p 'turn ties generators to the tistrRestion tenet Generators are a mblesaa<n of 3 ft Tram the tent. Please reefer tn the Elearrent3 Megrim %r Gtme ator Specirns Angelina Quevedo - Tabares Entertainment, Inc. 992 Blue Lantern Dr. Henderson, NV 89015 Phone: 281-570-5758 E-Mail: Aquevedo@circusvargas,com 430 of 521 Circus Vargas 201' National City Angelina Quevedo -Tabares Entertainment, Inc. 992 Blue Lantern Dr. Henderson, NV 89015 Phone: 281-570-5758 E-Mail: Aauevedo@circusvargas.com 431 of 521 A11(If QU ,-; /'. Circus Vargas 2017 National City STA Ott f-A$ CMICOPS41.94. DEPLIttrisiZITZ Or rafid PIM PRiiiPt<C7CS411i QFi = OF THE STA'.1 i FIRE-017),R2RAL REGISTERED FAME RESISTANT PRODUCT »xoduet Rezittratiet Ins,. PFE'1S 1CM1t111, Sin M'/s? AO= 15, 44401 PxGduot t1GY1NE'Z'4 A VtglitaltZ 131154 383:g2 ti YC7R «Ji3 eI5.tl 1.ie TOUR DO tar, . .k TM; isoli.flaw reftigmze tta`-Calatratt Fft Vat'. i. v.=2.?:,:t5.1.7.stificti it. Sztim 1=11#. dssrus i1takt and rrode. P a vu1+e ! a rnv.` n1. A FlikWal gross srAit swill i`AL;C#i)RMi•4'!?ROV TATTt?FFLAMERELARBAM CITEMKVS A'Q] 1ARM A.,Itt;";1,&4i AlR4 ,1'411k11i+!i'1'LICA13.t►4.Stt1 .T1CX'Spobkktex1 C.sitktik7 $eaar T ar Expirv: 09/04/2017 IPA Angelina Quevedo - Tabares Entertainment, Inc. 992 Blue Lantern Dr. Henderson, NV 89015 Phone: 281-570-5758 E-Mail: Agwevedo@circusvargas.com 432 of 521 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: Circus Vargas EVENT: Circus Vargas DATE OF EVENT: February 16, 2017 thru February 27, 2017 APPROVALS: DEVELOPMENT SERVICES RISK MANAGER PUBLIC WORKS FINANCE FIRE POLICE CITY ATTORNEY COMMUNITY SERVICES YES [ x ] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ l YES [ x ] NO [ ] YES [ x ] NO [ ] YES[x] NO[ ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ x SEE CONDITIONS [ x SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES No comments POLICE DEPARTMENT • Make sure Ticket Booth Lines are set up so overflow lines are safe and do not end up in the street or parking lot. • Mall Security and applicant's internal security is satisfactory. • Police Patrol will provide extra patrol. • Provide a point of contact for the police department. CITY ATTORNEY There are no conditions of approval from the City Attorney's office. COMMUNITY SERVICES No comments 433 of 521 RISK MANAGER (619) 336-4370 I have reviewed the above captioned request to for the issuance of a Temporary Use Permit. I would recommend that as a condition of the issuance of the permit that the following documents be provided: • A valid copy of the Certificate of Liability Insurance. • The applicant must provide a separate additional insured endorsement wherein it notes as the additional insured as "The City of National City, its officials, agents, employees and volunteers". • That the insurance policy must have a combined single limit of no Tess than $2,000,000.00 (TWO MILLION DOLLARS) and $4,000,000.00 (FOUR MILLION DOLLARS) in aggregate that would cover the date and location of the event That the insurance company issuing the insurance policy must have a A.M. Best's Guide Rating of A:VII and that the insurance company is a California admitted company; if not then insurance policy must be submitted to the Risk Management Department for review and approval prior to the issuance of the Temporary Use Permit. • The Certificate Holder must reflect: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA. 91950-4397 PUBLIC WORKS No comments FINANCE Circus Vargas will need to renew their business license. 434 of 521 FIRE INSPECTION REQUIRED Total fee amount for all Fire Department permits is four hundred ($400.00) dollars. Fees can only be waived by City Council Stipulations required by the Fire Department for this event are as follows: 1) Access to the Circus Vargas to be maintained at all times. 2) Fire Department access into and through the booth areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not Tess than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches 3) Exit signs shall be provided at all required exits. Exit signs shall be green in color (National City Municipal Code) and either self -illuminating or electrical with a 90 minute back-up power. 4) Fire Hydrants shall not be blocked or obstructed. 5) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 6) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 7) If tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant treated with an approved California State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. Fees can only be waived by the City Council. Canopies: 0 -- 400 sf - $0 401 — 500 sf - $250.00 501 600 sf - $300.00 601 — 700 sf - $400.00 435 of 521 Tents: 0-200 sf- 201 —(+) sf- $200.00 $400.00 8) Concession stands utilized for cooking shall have a minimum of 10 feet of clearance on two sides and shall not be located within 10 feet of amusement rides or devices 9) All cooking booths or areas to have one 2A:10BC. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. All fire extinguishers to have a current State Fire Marshal. Tag attached. 10) Fire extinguishers to be mounted in a visible location between 3'/W`to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. All fire extinguisher to have a current State Fire Marshal Tag attached. 11) Emergency generators and standby power systems shall be installed, tested, and maintained in accordance with NFPA 110 and NFPA 101, Standard for Emergency and Standby Power Systems. 12) A fire safety inspection is to be conducted by the Fire Department prior to operations of the carnival to include all rides, cooking areas, game booths, etc. Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of two hundred ($200.00) dollars. Fee is to be paid to the Fire Department Administration offices under separate permit. Fee is to be paid prior to event. 13) No smoking signs to be posted. 14) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as"Temporary Wiring" only. 15) Fees can only be waived by City Council. Note: Total fee amount for all Fire Department permits is four hundred ($400.00) dollars. 436 of 521 CC/CDC-HA Agenda 2/7/2017 — Page 437 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit — Festival of Life sponsored by Revival Today at Kimball Park from October 1, 2017 to October 6, 2017 with no waiver of fees. (Neighborhood Services) 437 of 521 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 7, 2017 AGENDA ITEM NO. ITEM TITLE: Temporary Use Permit — Festival of Life sponsored by Revival Today at Kimball Park from October 1, 2017 to October 6, 2017 with no waiver of fees. PREPARED BY: 1Dionisia Trejo PHONE: {619) 336-4255 EXPLANATION: DEPARTMENT Neighborhood Services Department APPROVED ICY( /'4ti This is a request from Revival Today to conduct the Festival of Life at Kimball Park from October 1, 2017 to October 6, 2017 from 5:30 p.m. to 10:30 p.m. Set up for the event will commence at 8.00 a.m. on the day of the event. Festival of Life is a six day community event seeking to positively impact the community. This event will include live music, a kid's play area with games, prizes & give -a -ways and presentations with a message of hope to the community. Revival Today will set up eight 10x10 canopies and one 20x40 tent. Security will be provided by twenty trained volunteers. The applicant will also provide their own stage and audio equipment. NOTE: This is the first year this organization has requested a Temporary Use Permit to conduct the Festival of Life in National City. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS City fee of $237.00 for processing the TUP, plus $600.00 for the Fire Inspection, $7, 792.62 for Police Department and $1, 986.64 for Public Works. Total fees: $10, 616.26 ENVIRONMENTAL REVIEW: NIA ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD t COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. 438 of 521 Sunday Day of Time Dayof WokFrida 1► 11:59pn Time Day a WeAnlhorek !' Apploant M' name) g►Arrlrtdetta Sponsoring CIO 1243 National Cily Boulevard is of rhood Serviette Department Wig394 ■ tier Q 19) 33O 7onal Cily, � 919so vaiw,nationaloftyan.gov • Serial Event Application Q Sperling Event ❑ Other (spedfy) EventTRW al Life EMBEEN FakiFesitsal EWA Location (fit al Ass belly recium a IQnl�ad Park 13iern Tirne Day of leek Se IW1 7 Pweni Dae 017BrcinetealtOr M*fling Address Day Phone Mir #t 71�� 717 758-2199 flours Phone Cen Public information Phone GrnaH nY shoda)coom APR b , de d Gadenwl<y and hold 14arnide* tl e ttom and a �9 daia, a demands lb ents, c a agents r a ) end camas of � of the tart °°'fie, loyeesMar, awes ay or d in elf pe ,uhissied to s (fee tut nscooted of loss a m tto I ep10perr)r orr Th. of'�' d as bodily afor nd haws of each p under a �tb be exte or or g by any way connected ta be occupancy. orgornent end um ot any 'a F6 aoe � 40 horns Cori t s event ' hav+a in bs paid la the aro subject to daCtrs cyfo, ' poesssing endtrdpy Elise and a� deo understands aro the adjusted ems* r id Signahna o'er Time 5 t0 30ptt NA s„�„ Revival Today Event fir d tem applicant) Pb mar 54 , PA 19.10 1 Date _441_ 439 of 521 Special Event Application (inu Please complete The following sections with as much detail as possible since fees and reqtdreelentS afe based en the intimation you prole us. Fees;Proc.eeus Re,�crting Is your organization a "Tax Exempt, nonprofit" organization? Yes El No a Am admission, entry, vendor or participant fees required? Yes CI No MI FIVES, please explain the purpose and provide amount (s): 0 $ Estimated Gross Receipts including ticket product and sponsorship sales from this event. 100,000 Estimated Expenses for this event. $ 0 What is the proud amount of revenue that the Nonprofit Organization will receive as a result of this event? LEIMEmnes First time event 0 Retuniktg Event Q include site map with application Note that this description ion may be published in our City Public Special Events Calendar: Festival of life is a family friendly community oug,. We bring music, games, fun and a positive message 01 hope to cities across the comity. Fstirn ted Attendance Anticipated *of Participants: 1per 00 night Anticipated # of Spectators: 2 1500--200t1 per night 440 of 521 (r'afi;,,('. ;,tr_ curity Requesting to close street(s) to vehicidar try? Yes 9 No El List any streets requiring closure as a result of the event (provide map): Date and time of street closure: Date and time of street reop ening: CI Other (explain) Requtesting to post "no part/rag" notices? Yes 0 No El 0 Requested No Parking' on cly streets and/or parting lots (list streetsfpadEbv lots) (pm4rie map): 0 Other (eacpfain) Seal]rll illry f t 'r i•a[ltY •. Depending on the nunher of tents, your event may require Police Please a your procedures for both Crowd Control and Internal Security:Festival of Lite uses trained volunteers to provide security and crowd oonhol for the event. Please see attached security plan Have you hired Professional Securly to handle security arrangements for iris event? Yes ® No If YES, name and address of Seoul* Organtzagon security Director (Name): Phone: It using the ser oes of a dal smut/ flan maths event t owaren Cfty preasii :provide a of , property,t�2 Men dams y Wr�r gat !Mai �doltans pts- v NationalIts � aggregate, as welt as and addinsured owning the City �, and ambits tt* of heprovr windererits Insurer to tip cats Risk Managerfor review and apprgvat prior to the nt la this a night event? Yes a No if YES, please state iwp. the :Am and surrounding area will be Ruminated to ensure safety of the participants and spectators: temporary lighting will be provided to light ail areas of the park needed for Festival of Life. 3 441 of 521 NEM Depending on the number of participants, your event may require specific First Aid services. First aid station to be staffed by event staff? Yes ® No ❑ First aid/CPR certified? Yes ® No ❑ ❑ First aid station to be staffed by professional company. i Company Please describe your Accessibility Plan for access at your event by individuals with disabilities: TBD Elements of your Event Setting up a stage? Yes ® No 0 ❑ Requesting City's PA system ❑ Requesting City Stage; If yes, which size? ❑ Dimensions (13x28) 0 Dimensions (20x28) Ea Applicant providing own stage s 24x30 Dimensions Setting up canopies or tents? 8 # of canopies size 1 20x40 of tents size ❑ No canopies/tents being set up Setting up tables and chairs? 21 Furnished by Applicant or Contractor 10x10 10 25-30 # of tables 0 Notables being set up # of chairs © No chairs being setup ❑ (For City Use Only) Sponsored Events -- Does not apply to co -sponsored events # of tables ❑ No tables being set up # of chairs ❑ No chairs being set up Contractor Name Contractor Contact information Address 4 Cittlstate Phone Number 442 of 521 wing up other merit? 0 Sporting Equipment (exploit) ❑ Other (explain) ❑ Not setting up any equipment listed above at event Having amplified sound andoor music? Yes No 0 21 PA System for announcements 0 CD player or DJ mrus Ili Live Music ► 21 Small 4.5 piece live band ► ❑ Large s+ piece time band Co Other (explain) if using live music or a DJ. ► Color Name Band wlN be provided by Revival Today Address - t]rtsoe Using lighting equipment at your event? Yes No❑ ® bringing in earn lighter equipment ❑ Using professional lighting company s. Company Name Address as Phone Number Phase Number Using electrical power? Yes ® No ❑ 0 Using on -site elecbicity ❑ For sound ancvor Nhting For food andlor refrOeration ® Bringing in generator(s) 121 For sound and/or light g ❑ For food a ndtor r+eli�igeration PLEASE NOTE You may be mired to apply for a tompomry health wit food er beverages are sold of gamaway dining your special event„ o see and in theiai IE Guide. For mom on o on. It i met ecompininceri file tot of two Emil Health at (619 t h 1 • Having food and non-alcoholic bevemgec at your event? Yee 0 No10 0 Vendor; preparing food once ► #► Business License* If yes, please describe how food wiO be served author prepared: if you a to Ivo. In a event area Away the method: ❑ GAS j_] ELECTRIC ❑CHARCOAL DOTHER fi): ❑ Vendors bringing pre -packaged food ► g ► Business License # ❑ Vendors bringing bottled. non-atcottolc beverages (i.e., bottled water, can soda, etc.) I. ft ❑ Vendors selling food # b Business License #(s) 0 Vendors seiing merchandise # ► Business License #(s) 5 443 of 521 ❑ Foodibeverages to be handled by organization; no outside vendors ❑ Vendors selling services # D Business License #(s) ► Explain services ® Vendors passing out information only (no business license needed) #f 5-1. ° IN -Explain type(s) of information informeron 's social services [� No selling or informational vendors at event Having children act/Ales? Yes Fa No ❑ PLEASE NOTE In the event inflatable *nips are provided at the event, The Cry of National City 'squires commercial $ability insurance with tints of at least $1 Mori doffs per cox rrencef$2 ME1on dollars smote, in addition, the City of National City must be named as an Addidonal Insured pursuant to a separate endorsement, Mich shaft be provided by the verrdorer insurarto the Cly's •Risk Manager, along with the Certificate of 1n/suraarnCe, for approve! prior to the evert The application should be glue out at least one week prior to the event. There is a $25 tee to process the permit application. For questions or to obtain a copy of the °Fatty Use Application'', ply contact the Engineering/Public Works Department at (819) 338-4580. Inflatable bouncer house # 1 la inflatable bouncer Ale # 1 [j Rock climbing waft Height Arts & crafts (i.e., craft making face painting, etc.) ❑ Other Having fi sworks or aerial display? Yes ❑ NoRI ❑ Vendor name and license # Dimensions Duration Number of shells Max. size PLEASE NO1E: In the event fireworks or another aerial display 1s planned kw your event, The Cly of National [may requires commercial liability illSiffailtle wth limits of at l $2 Ramon dollars per occurrence/ $4 Nikon dollars aggregate. in addition, the City of National City must be named as an Additional Insured pursuant to a separate endorsement, whiCh shall be provided by the vendor or its insurer to the City's Risk Manager, along with the Cie of insurance, for approval prior to the event. Depending on the size and/or nature of the fireworks display, the City msen s the right to request higher fifty liras. The vendor must also obtain a fireworks pew frtmt the National CAy Fire Department and the cost Is $502.00 Arranging for media coverage? Yes® No❑ ® Yes, but media will not require special set-up © Yes, media will require special set-up. Describe 6 444 of 521 SEITOMIEN PLEASE -NOTE: For City Wined or co -sponsored events, ors publickirtg the .wont may be placed on the egg poles on the 1800 biockand 3100 block of t City Boulevard. The 3anmers. must be made to the C +'s spealcations. Please ruts the CJttr's Special &eat Guidebook and Fee Schedule for addklonal Gaon. Are you planning to have signege at your event? Yes la No Q Yes. we wit post side # D meers o s D Yes, having inflatable slgnage # �.._ ► (complete Inflatable Signag a Request fore) Yes, we MI have banners # 2 What w i signs/banners say? Festival of Lim Oci 1st-�t 7pm nightly Krmbai Park How win signs/banners be anchored or mounded? Vfaste . Mana:3emcnt� stake mounted PLEASE NOTE: One tolet for every 250 people Is requhrd,AillieSs•t the applicant can show that there are galiclent fames In the immedate area affable to the pahlicdurft the evert. Are you planning to provide portable rooms at the event? Yes Q No 63 Wyss, tease identify the following: ► Total number of portable toilets: Total number of ADA accessible portable toilets: Q Contracting with portable toilet vendor. P Load-ln Day & Time Q Portable toots to be serviced. I' Time Company Phone ► Load -out Day & Time Setting up the day before the event? Yes, will set up the day mare the event. to, # of scup day(s) No, set-up wit occur on the event day Requesting vehicle access onto the turf? Yes, requesting amass onto he for set-up and breakdown (complete attached Vehicle Access Request faun) ❑ No, vehicles wffl Ioadlrmkt from nearby street or parking lot. 7 445 of 521 City to install litter fence ❑ Applicant to install litter fence ❑ N/A Breaking down set-up the day afterthe event? ❑ Yes, breakdown will be the day after the event. ► # of breakdown day(s) ❑► No, breakdown will occur on the event day. How are you handling clean-up? ❑ Using City crews Fa Using volunteer dean -up crew during and after event. ❑ Using professional cleaning company during and after event Miscellaneous Please list anything important about your event not already asked on this application: Please make a copy of this application for your records. We do not provide copies. 8 446 of 521 Special Events Pre -Event storm Water Compliance Checklist I. Special Event Information blame of Sperm Want:i of Life Event Addres.: Kimball Park Expected *of Attendees: 1500 Per right Event Feet/Cnordinetor: Anthony Archtgrata Nona Number: 717-75B-219S IL Storm Water Best Management Practices (BMPs) Review YES WIN enough trash cans provided for the event? Provide numlber of trade bins: t5 WHI enough recycling bins provided for the event? Provide number atrecyclebins: 1, 5 NO N/A Will as portable toilets have secondary containment trays? (moons for ADA compliant portable toilets) Do all sbxm chains have wens to terrsponwIly protect trash and debris from entering? 1 X v Are spiN cleanup kits readily available at designated spots? ' A Poat-Zvent Storm Water Compliance Cheddist will be cempleted by City Sir. 9 447 of 521 Person in Charge of Activity: 301 Mechant Lane Pittsburg, PA 15205 Address: Telephone: Date(s) of Use: HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contra ors. City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. The insurance company issuing the insurance policy must have a A.M. Best's Guide Rating of A:VII and that the insurance company is a California admitted company; if not, then the insurance policy to the issuance of the permit for the event. The Certificate Holder must reflect: City of National City Risk Management Department 1243 National City Boulevard National City, CA 91950 Revival Today Organization: Anthony Archuleta Signature of Applicant: Official Title: r fJ y " ,-(4, (- For Oftloe Use Or) Date: ko\n Certificate of Insurance Approved Date 10 448 of 521 National City FOL Security Plan / Detail Outline 1. How many on team a. 1 Leader, 1 Rover, 20 Men & Women (per night) 2. Breakdown a. 2- Security In Parking tot waiting for Jonathan to arrive (possible 1 to drive him there) Same 2 Security escorting guest Pastors & Wives to their seating area. b. 2- Back stage on each side of the stage c. 2- Front stage while music is getting set up, then this will be their posts when event begins. d. 10- Security inside gate approximately set up 10 feet apart. This Security will also deal with altar calls and monitor follow up tent. (keeping order) e. 2- Security monitoring prayer team tent. (keeping order) f. 2- Security undercover roaming the event. g. At the end of event 4-6 Security for truck food giveaway. (keeping order) 3. Schedule a. ALL Security to arrive at least 1 hour before event. b. 45 minutes before event hold Security briefing. c. 30 minutes before event ALL Security at their posts. 4. Team Expectations a. You are there for Security ONLY b. Stay alert at all times c. Don't get caught up in the show (no dancing, hanging with friends or family, etc.) d. Most of all = SMILE 449 of 521 ea cr 0:111- 450 of 521 V-r-t a,ti • CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: Revival Today EVENT: Festival of Life DATE OF EVENT: October 1, 2017 thru October 6, 2017 APPROVALS. DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL: PUBLIC WORKS Parks Division: 1. Four hours at $46.58 for set up of irrigation mark out ($ 186.32) 2. Four hours at $46.58 for BMP s4 up and breakdown litter fence ($168.32) 3. Five and half hours of lighting at the Memorial Field at $ 50.00 per hour for 6 days ($1,650 ) 4. No Jumpers are allowed at Kimball Park. Total $ 1,986.64 Staff Recommendation on Denial of Inflatable Air Jumps Inflatable air jumps are not specifically addressed in the municipal code. They are addressed by our departmental policies. Generally, inflatable jumps are allowed only at Las Palmas Park, with an approved application, and the appropriate insurance coverage. Thus, an inflatable air jump could be allowed by approval of the City Council. Any such approval, however, should still require the appropriate insurance coverage, hold harmless, and indemnity provisions. Staff recommendation for denial of the inflatables at this event is reflective of current department policy where inflatables are currently allowed only at Las Palmas Park. 451 of 521 DEVELOPMENT SERVICES Planning: Compliance with title 12 and 18 (noise and lighting). All lighting and sound equipment to face away from adjacent residential properties. Building: No comments Engineering: No comments RISK MANAGER (619) 336-4370 I have reviewed the above captioned request to for the issuance of a Temporary Use Permit. I would recommend that as a condition of the issuance of the permit that the following documents be provided: • Provide a valid copy of the Certificate of Liability Insurance wherein the City of National City, its officials, agents, employees and volunteers are named as an additional insured by way of a separate endorsement. ▪ The insurance policy must have a combined single limit of no less than $1,000,000.00 (ONE MILLION DOLLARS) for each occurrence and $2,000,000.00 (TWO MILLION DOLLARS) in aggregate that would cover the date and location of the event. • The insurance company issuing the insurance policy must have a A.M. Best's Guide Rating of A:VII and that the insurance company is a California admitted company; if not then insurance policy must be submitted to the Risk Management Department for review and approval prior to the issuance of the Temporary Use Permit. • The Certificate Holder must reflect: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA. 91950-4397 • Name, address and contact information for the broker providing this insurance policy must be on the face of the Certificate of insurance. 452 of 521 FINANCE Revival Today will need to complete a business license application and submit with proof of non-profit status. CITY ATTORNEY The Applicant shall execute an indemnification and hold harmless agreement in favor of the City, and provide liability insurance with amounts of coverage to be approved by the Risk Manager, and naming the City and its, officials, agents, and employees as additional insureds. COMMUNITY SERVICES No comments FIRE INSPECTION REQUIRED TOTAL FEES $600.00 $200.00 INSPECTION FEE FOR INSPECTIONS OCCURING AFTER HOURS OR ON WEEKENDS OR HOLIDAYS Stipulations required by the Fire Department for this event are as follows: 1) Access to the area to be maintained at all times, entrances and emergency roadways 2) Fire Department access into and through event areas are to be maintained at all times. Fire apparatus access rods shall have an unobstructed width of not Tess than 20 feet and an unobstructed vertical clearance of not Tess than 13 feet 6 inches 3) Fire Hydrants shall not be blocked or obstructed 4) Participants on foot are to move immediately out of the Fire Lane upon approach of emergency vehicle(s) 453 of 521 5) Vehicles within venue shall be isolated from contact with the tents, canopies or membrane structures. Vehicles shall be at least 20 feet away from tents, canopies and membrane structures 6) The Event will be required to provide a First Aid station. 7) Provide a minimum of 2A:10BC fire extinguishers throughout the area. Extinguisher to be mounted in a visible location between 3Wto 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. A sign describing location of extinguisher (Fire Extinguisher) shall be placed immediately above the fire extinguisher. Large canopies, tents and stages will require fire extinguishers. (Contact NCFD for more info if needed) 8) Every room or space (Fenced in location), shall have the occupant load of the space posted in a conspicuous place, near the main exit or exit access doorway from the room or space. Posted signs shall be of an approved legible permanent design and shall be maintained by the owner or authorized agent. The maximum occupant load of this space shall be based on room set-up and items placed inside tents or canopies. The maximum occupancy load shall be posted by the Building or Fire Official based on room configuration. At no time shall the owner or agent allow the posted occupant Toad to be exceeded. Contact the NC Building Dept. 9) Exits shall be clearly marked. Exit signs shall be installed at required exit doorways and where otherwise necessary to indicate clearly the direction of egress when the exit serves and occupant of 50 or more. Exits, aisles and passageways shall not be blocked or have their minimum clear width obstructed in any manner 10) The arrangement of aisles shall be subject to approval by the building and fire code official, and shall be maintained clear at all times during occupancy 11) The floor surface and grounds outside shall be kept clear of combustible waste. Such waste shall be stored in approved containers until removed from the premises 12) Internal combustion power sources that may be used for"Emergency Power" shall be of adequate capacity to permit uninterrupted operation during normal operating hours 13) Internal combustion power sources shall be isolated from contact with the public by either physical guards, fencing or an enclosure 14) A drip pan shall be used to capture oils and fuel lost during normal operation 454 of 521 15) Diesel fuel stored, shall be no more than 10 gallons of fuel. Diesel fuel shall be stored no closer than 20 feet from generator 16) Diesel fuel shall be protected from impact of surrounding vehicles and machinery (20 feet). Container holding fuel, shall meet all state and federal guidelines for holding vessel and storage 17) Approved holding vessel (container) shall be labeled (DOT) so as to describe its contents. Label shall be visible to all oncoming emergency personal 18) Diesel fuel container shall have secondary containment to meet code 19) Diesel fuel container shall be bonded and grounded to meet code 20) Dispensing of fuel shall meet code requirements for the correct dispensing of flammable and combustible liquids. Gravity style dispensing apparatus shall not be used 21) Provide a 2A:10BC fire extinguisher at entrance to generator. Extinguisher to be mounted in a visible location between 31r5'to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance 22) Any electrical power used, is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only, and shall be protected so as not to create a tripping hazard to the public. Consult building official for requirements and inspection of possible temporary power/electrical 23) A clear revised site map shall be required for this event to include requirements mentioned in this document 24) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event 25) Entire air supported structure systems shall be inspected at regular intervals throughout the permit use period, by the perrnittee, owner or agent to determine that the installation is maintained in accordance with California Fire Code 26) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of two hundred ($200.00) dollars. Please contact the National City Fire Department to arrange a time for inspection. Periodic inspections will be conducted by the National City Fire Department for this event 455 of 521 27) Fire Department fees can only be waived by City Council 28) If tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. Certificate of State Fire Marshal flame resistancy shall be provided to the National City Fire Department if applicable. A permit for the projected canopies/tents shall be four hundred ($400.00) dollars. Fees can only be waived by City Council. Canopies: Tents: 0-400sf- $0 401 — 500 sf - $250.00 501 — 600 sf - $300.00 601 — 700 sf - $400.00 0 —200 sf - $200.00 201 — (+) sf - $400.00 Approval Contingent Upon Final Field Inspection and Compliance With All Applicable Codes and Ordinances If you have any questions please feel free to contact me. POLICE DEPARTMENT This is a large gathering for a National City event. The event organizers list their plan for Security and Crowd Control as, a one page attached "Security Plan / Detail Outline." They plan to have their own in-house security detail for this event. They list (22) security in-house volunteers per night. There is no proof of them being licensed and bonded. I spoke with the applicant Mr. Anthony Archuleta. He stated that in some past events they have had to go out and hire a private security company to assist them with crowd control. I recommend they hire a local security company with a minimum of 8 unarmed security officers for each day of the event. In addition, it is reasonable and prudent for the City to require the use of NCPD officers for the event. Using the standard concept of 2 officers per 1000 people (1 contact, 1 cover), therefore, it is my recommendation that the organizer hire (2) NCPD officers, and (1) Sergeant for crowd control and security for each day of the event. 456 of 521 The cost for park security for 2 officers for 5.5 hours per officer (5 hours in the park and 1/2 hour total for donning and doffing) for a total of 66 hours of overtime at a pay rate of $75.17 per hour for a total of $4,961.22. The cost for park security for 1 sergeant for 5.5 hours (5 hours in the park and 1/2 hour total for donning and doffing) for a total of 33 hours of overtime at a pay rate of $85.80 per hour for a total of $2,831.40. The total cost of police services for this event will be $ 7,792.62 at the loaded overtime hourly rate. 457 of 521 CC/CDC-HA Agenda 2/7/2017 — Page 458 The following page(s) contain the backup material for Agenda Item: Discussion of establishing a policy for selection of the Vice -Mayor. (City Manager & City Attorney) 458 of 521 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 7, 2017 AGENDA ITEM NO. ITEM TITLE: Discussion of establishing a policy for selection of the Vice -Mayor. PREPARED BY: Leslie Deese, City Manager George H. Eiser, III, Interim City Attorney PHONE: EXPLANATION: Ext. 4242 Ext. 4222 Please see attached memorandum. DEPARTMENT: City Manager City Attorney APPROVED B•-oltL APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Provide direction to staff. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Memorandum Survey of other cities' practices Written policies from the Cities of Del Mar and Imperial Beach 459 of 521 TO: CALIFORNIA -- NATIONAL Cnir INCORPORATED MEMORANDUM Mayor and City Council DATE: January 30, 2017 FROM: City Manager Interim City Attorney SUBJECT: Discussion of Establishing a Policy for Selection of the Vice -Mayor At the December 20, 2016 City Council meeting, the Council acted to select a Vice -Mayor. At the meeting, Councilmember Rios requested that an item be placed on the February 7 City Council agenda for the Council to discuss enacting a policy for selection of the Vice -Mayor. Because National City is a general law city, selection of the Vice -Mayor is governed by Sections 36801 and 34905 of the California Government Code. Section 36801 provides: The city council shall meet at the meeting at which the declaration of the election results for a general municipal election is made pursuant to Sections 10262 and 10263 of the Elections Code and, following the declaration of the election results and the installation of elected officials, choose one of its number as mayor, and one of its number as mayor pro tempore. [Referred to as the "vice -mayor" in National City.] Because National City has a directly elected Mayor pursuant to Title 4, Division 2, Article 3 of the Government Code, the provisions of Section 36801 pertaining to the City Council selecting the Mayor do not apply; the Council selects only the Vice -Mayor. Section 34905, located in those sections of the Government Code pertaining to directly elected mayors, provides: A mayor pro tempore shall be chosen in the manner provided by Section 36801. Government Code Section 36802 provides that the mayor shall preside at the meetings of the council; that if the mayor is absent or unable to act, the mayor pro tempore shall serve until the mayor returns or is able to act; and that the mayor pro tempore has all of the powers and duties of the mayor. 1243 National City Boulevard; National City, California 91950-4397 Tel.: (619) 336-4220 Fax: (619) 336-4327 460 of 521 Section 36801 provides for the selection of a vice -mayor with the declaration of election results, i.e., at least every two years, but that section does not preclude a vice -mayor being selected more frequently. To assist the City Council in its discussion, staff conducted a countywide survey of other cities' practices for the selection of a vice -mayor, variously referred to as "vice -mayor, "mayor pro tem", or "deputy mayor"; the responses of 12 cities are attached to this report. Two cities — Del Mar and Imperial Beach — have written policies, which are also attached. Leslie Deese City Manager Attachments George H. Eiser, III Interim City Attorney February 7, 2017 Staff Report City Council Meeting Discussion: Policy for Selection of the Vice -Mayor 461 of 521 CALIFORNIA - NATIONAL CY?y :1;1;s7 !A CO II rOA AMR County -wide Survey Results: Selection of Vice Mayor December, 2016 City Policy Title Comments Carlsbad Mayor Pro Tem The City Council shall meet on the first Tuesday after the general municipal election and choose one of its members as Mayor Pro Tempore. Coronado Mayor Pro Tem The City Council shall consider the selection of one of its members as Mayor Pro Tempore. The Mayor Pro Tempore shall serve a term of one year, or until a successor for the position is chosen. Three affirmati‘ e votes shall be required to choose or change the Mayor Pro Tetnpore. The above indicates the term is one year or until a successor for the position is chosen. Typically, the Mayor Pro Tempore is appointed when a new city council is seated and, since there is an election every two years, their term is generally two years. Del Mar X Deputy Mayor The Mayor and Deputy Mayor are selected by the council. It is the tradition to place the top two vote getters in any one election into a queue to rotate into the position of Mayor and Deputy Mayor. El Cajon Mayor Pro Tem The Mayor Pro Tem is selected on the second Tuesday in December by a majority of the council. The Mayor Pro Tem shall serve at the will of the majority of the council or until the expiration of the normal term. Escondido Deputy Mayor 1. The city council shall meet on the first Wednesday following certification of the results of the general municipal election and select a Deputy Mayor by appointment from among the councilmembers; 2. Selection of the Deputy Mayor will be done on a rotating basis with priority given to the most senior councilmember who has never served as Deputy Mayor. If two (2) new councilmembers are elected at the same time, the one (1) with the highest votes shall have first preference in the selection. After all councilmembers serve one (1) term as deputy mayor, the selection shall revert to a normal rotation process; 3. The Deputy Mayor shall serve until a new appointment is made in accordance with this section. Imperial Beach X Mayor Pro Tem The Mayor Pro Tem shall serve on a rotating basis so that each Councilmember serves one year as as Mayor Pro Tem during his/her four year term. Order of rotation: current councilmember who has not served as Mayor Pro Tem; councilmember elect with the most votes from the election; councilmember elect; current councilmember who just served as Mayor Pro Tem. La Mesa Vice Mayor The office of the Vice Mayor will be rotated among all the members of the city council. The term of each member shall be one year beginning the second Tuesday of August one year and ending on the Monday before the second Tuesday the next August. The Vice Mayor will be the councilmember with the most seniority who has not been Vice Mayor in the last three consecutive years. In the event two or more councilmembers have equal seniority and have not been Vice Mayor in the last three consecutive years, the councilmember with the most votes in their last regular election shall serve as Vice Mayor. Lemon Grove Vice Mayor Rotated annually. Oceanside Deputy Mayor Appointed by the Mayor and confirmed by the Council at the first regular meeting in December of each year. San Marcos Mayor Pro Tem Per San Marcos Municipal Code (SMMC) 2.08.040 Designation of Mayor Pro Tem - In order to expedite the orderly procedure of the City Council meetings in the event the Mayor cannot be present, the City Council shall elect one member of the City Council who shall act as Mayor pro tem in the absence of the Mayor. The Council makes the appointment in January of each year. No term limits. Santee Vice Mayor The position of Vice Mayor is a one year term. Eligibility: councilmembers are not eligible until they have served at least one year of current term; not eligible if they have already served as Vice Mayor during their current term in office. The eligible councilmember who had the most votes in the last election in which he/she was a candidate shall be elected Vice Mayor. Vista Deputy Mayor One year term commencing on January 1 of each year. During year in which there is a General Election held to elect one or more councilmembers, the Council shall consider the appointment/reappointment of one of its members as Deputy Mayor. In ail other years the Council shall consider the appointment or re -appointment for the following year at the first regular full meeting of the Council held in the month of December of the immediately preceding year. 462 of 521 CITY OF DEL MAR CITY COUNCIL POLICY BOOK SELECTION OF MAYOR AND DEPUTY DATE REVISED: 12/15/14 100 BY RESOLUTION: 2014-92 MAYOR PAGES: 1 OF 1 POLICY: Del Mar Municipal Code, Section 2.20.020 A and B, addresses when the City Council shall meet to install newly elected Council members and states that its members shall choose one of its inernbers as Mayor and one of its members as Deputy Mayor by motion of the Council and three affirmative votes. It further states that the Mayor and the Deputy Mayor shall serve a term of one year, or until a successor for each position is chosen. 1. The Mayor and Deputy Mayor are members of the City Council and are annually elected by majority vote of the City Council at the first regular meeting in December or, in the case of an election year, upon certification of the election results. As a member, of the City Council, the Mayor and Deputy Mayor shall have all the powers of a member. 2. In choosing the Mayor and Deputy Mayor, it is the tradition of the Council to place the top two vote getters in any one election into a queue to rotate into the position of Mayor and Deputy Mayor. In each City Council election, the person with the most votes shall be placed first in the rotation of that group, the second highest vote getter will be placed second, and in the years when there is a third seat contest, the third highest vote getter will be placed third in that rotation. However, the Council member who received the third most votes in an election year filling three seats will not be in the queue for either Deputy Mayor or Mayor but would be in rotation should the Council member traditionally rotating into the Deputy Mayor or Mayor position be unavailable to serve in that role. 3. In case of appointment to the City Council to fill a vacancy, that person will occupy the last position in the current rotation. Each new election will determine the rotation only for the group in that election. Should any City Council member not be available to take their regular pace in the established rotation, the next person in the rotation will be elevated to the Deputy Mayor's position and the rotation will continue as previously set. 4. In the event there are members of the City Council appointed in lieu of an election, the appointed City Council members will go into a Mayoral rotation based on tenure (seniority) on the City Council. The City Council member with the most tenure on the City Council will be placed first in the rotation of that group. If no seniority exists (e.g. members have the same tenure), then the appointed City Council members will be rotated based an a coin toss conducted at a publicly noticed meeting. 463 of 521 CITY OF IMPERIAL BEACH COUNCIL POLICY SUBJECT: Rotation of Mayor Pro Tempore Duties POLICY NUMBER EFFECTIVE DATE PAGE 112 3/4/92 1 of 1 ADOPTED BY: Resolution 92-4085 DATED: March 4, 1992 On March 4, 1992, the City Council resolved to establish the following policy: 1. The mayor pro tempore will be selected, and have the powers and duties, as specified in Section 2.10 of the Imperial Beach Municipal Code. 2. The mayor pro tempore will be seated at the first council meeting in January. 3. The mayor pro tempore shall serve on a rotating basis so that each councilmember serves one (1) year as mayor pro tempore during his/her four (4) year term. 4. The councilmember chosen to be mayor pro tempore each year will be the councilmember on the top of the rotation list, which will be established and maintained as follows: a. After each election, the rotation list will be established as follows (in line to serve as mayor pro tempore from top to bottom): (1) Current councilmember (One who has not served as mayor pro tempore). (2) councilmember Elect (One with most votes from previous election). (3) councilmember Elect. (4) Current councilmember (One who just completed one (1) year as mayor pro tempore). b. After a councilmember serves one (1) year as mayor pro tempore, he/she will go to the bottom of the list and the others will move up one (1) spot. c. Newly elected/re-elected councilmembers will be placed on the list, after the current councilmember who has not served as mayor pro tempore, in order of votes received. 464 of 521 CC/CDC-HA Agenda 2/7/2017 — Page 465 The following page(s) contain the backup material for Agenda Item: Discussion and seeking direction from the City Council on the development of a Special Benefit Assessment District. (Housing and Economic Development) 465 of 521 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 7, 2017 AGENDA ITEM NO. ITEM TITLE: Discussion and seeking direction from the City Council on the development of a Special Benefit Assessment District. PREPARED BY: Megan Gamwell, Economic Development Specialist PHONE: 619-336-4216 EXPLANATION: DEPARTMENT: Housing & Economic vel . pment APPROVE During Public Comment at the regularly scheduled City Council meeting on January 17, 2017, Rosa Sanchez of Best Western Plus Marina Gateway Hotel requested City assistance in establishing a Business District in National City. Best Western Plus Marina Gateway is one of eleven hotels who make up the current National City Tourism Marketing District (NCTMD). Established in 2012, the NCTMD expired at the end of January 2017. Councilmember Alejandra Sotelo-Solis directed that City staff place the item on the next agenda for discussion. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: n/a ENVIRONMENTAL REVIEW: n/a ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Direct staff on whether it should research the development of a Special Benefit Assessment District. BOARD / COMMISSION RECOMMENDATION: n/a ATTACHMENTS: 1. Background on Special Benefit Assessment Districts 1 400 of 521 Attachment No.1 BACKGROUND REPORT Overview During Public Comment at the regularly scheduled City Council meeting on January 17, 2017, Rosa Sanchez of Best Western Plus Marina Gateway Hotel requested City assistance in establishing a Business District in National City. Best Western Plus Marina Gateway is one of eleven hotels who make up the current National City Tourism Marketing District (NCTMD). Established in 2012, the NCTMD expired at the end of January 2017. Councilmember Alejandra Sotelo-Solis directed that City staff place the item on the next agenda for discussion. A business district is technically considered a special benefit assessment district. Special benefit assessment districts allow for an assessment on a property or business within a defined geographic area. Revenues from these assessments are directed back to the defined area to finance a myriad of enhanced services, including security, maintenance, marketing, economic development, tourism promotion, parking, and special events. The two guiding documents for establishing a special benefit assessment district are the Property and Business Improvement Area Law of 1994 and the Parking and Business Improvement Area Law of 1989. The current NCTMD was functioning under the Property and Business Improvement Act of 1994 as a Tourism Marketing District. These districts may also be referred to as Tourism Improvement Districts (TID), Tourism Business Improvement Districts (TBID), Tourism Promotion Areas (TPA), Hotel Improvement Districts (HID) and a Tourism Improvement Areas (TIA). They vary in their structure, however they all share the same mission. The National City Chamber of Commerce (NCCC) served as the private non-profit corporation governing the NCTMD. For insight on how the NCTMD was organized we referred to The National City Tourism Marketing District Management District Plan which states the following in regards to the formation of the NCTMD: "The Proposed NCTMD includes all lodging business (hotels, motels, and inns) located within the boundaries of the city limits of the city of National City. (p. 2)" "The National City Chamber of Commerce will serve as the Owner's Association for the NCTMD. The Chamber will create a tourism improvement district committee, which shall include the executive committee and be composed primarily of representatives of assessed lodging business, to manage the TID funds and program. (p. 10)" The District imposed a two and one-half (2.5%) assessment on all hotels within the City. The initial anticipated budget for each year of its five-year operation was anticipated to be $175,000. The economic impact of dissolving the TMD may result in the loss of business sales, income, direct tourism -related jobs and local government tax revenues. 467 of 521 Attachment No.1 Last year the NCTMD brought in over $350,000 in assessments, $150,000 more than its first year and over $1,400,000 during its five-year tenure and has been used to fund major events such as the Mariachi Festival. Options 1. Direct staff on whether it should research the development of a Special Benefit Assessment District. 468 of 521 CC/CDC-HA Agenda 2/7/2017 — Page 469 The following page(s) contain the backup material for Agenda Item: Update on the Former Community Development Commission — Redevelopment Agency (CDC -RDA) Properties and Seeking Direction on Next Steps. (City Manager's Office) 469 of 521 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 7, 2017 AGENDA ITEM NO. ITEM TITLE: Update on the Former Community Development Commission - Redevelopment Agency (CDC -RDA) Properties and Seeking Direction on Next Steps. Brad Raulston, Deputy City Manager and PREPARED BY: Gregory Rose, Property Agent DEPARTMENi� : City Manager's Office PHONE: 619-336-4256 APPROVED BY:- EY 'LANAI)N: On December 30, 2015 the California Department of Finance (DOF) approved the Long Range Property Management Plan (LRPMP), which was prepared by the Successor Agency. The properties were placed into three categories: 1) Retain by the City for Government Use; 2) Retain by the City for Future Development; 3) To be sold for fair market value. Only -one property was in the third category and has been sold. The other properties fall into the other two categories and the ownership is being transferred to the City. City staff is seeking direction on next steps for these remaining properties and has prepared the attached report with recommendations for each property. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: Finance APPROVED: MIS STAFF RECOMMENDATION: City staff is seeking direction on next steps for these remaining properties and has prepared the attached report with recommendations for each property. BOARD / COMMISSION RECOMMENDATION. ATTACHMENTS: 470 of 521 - CALI @fNQA ,... NATIONAL Cm r1eaaPemas Update on Former Redevelopment Agency Properties and Seeking Direction on Next Steps February 7, 2017 Introduction Pursuant to Assembly Bill ("AB") 1484, which was signed into law on June 27, 2012, all successor agencies to former redevelopment agencies are required to formulate a Long Range Property Management Plan (LRPMP). The LRPMP addresses the disposition and use of the former redevelopment agency properties. This is the LRPMP for the Successor Agency to the Community Development Commission (CDC) as the National City Redevelopment Agency (Successor Agency). On December 30, 2015 the California Department of Finance (DOF) approved the LRPMP, which was prepared by the Successor Agency. The properties were placed into three categories: 1) Retain by the City for Government Use; 2) Retain by the City for Future Development; and, 3) To be sold for fair market value. Only one property was in the third category and has been sold. The other properties fall into the other two categories and the ownership is being transferred to the City. City staff is seeking direction on next steps for these remaining properties and has prepared this report with recommendations for each property. Successor Agency Properties Summary The Successor Agency owned in fee simple 34 individual County Assessor parcels that are now being transferred to the City. The City will be responsible for the care and maintenance of these properties and the buildings located on them when applicable. Several of these parcels will be combined as a whole site for sale or transfer. There are fifteen (15) County Assessor parcels to be transferred to the City of National City for government use, eighteen (18) County Assessor parcels to be retained for future development, and one (1) County Assessor parcel that has been sold. The following table is a list of all the parcels with an address, assessor parcel number, site name that be used to describe the property, and disposition strategy which lists which of the three categories the assets were placed. The recommended next steps will be provided on the Site Summary Sheets that follow the table. All properties sold by the City will be subject to regulations outlined in AB 1484 and other applicable laws. 471 of 521 List of Properties Address Street APN Site Name Disposition Strategy No Site Address Cleveland Ave 559-160-23 Marina Gateway Hotel Remnant Retained for Government Use No Site Address Cleveland Ave 559-160-25 Marina Gateway Hotel Remnant Retained for Government Use No Site Address Cleveland Ave 559-160-27 Marina Gateway Hotel Remnant Retained for Government Use No Site Address Cleveland Ave 559-160-29 Marina Gateway Hotel Remnant Retained for Government Use No Site Address Bay Marina Dr. 559-117-19 Marina Gateway Hotel. Remnant Retained for Government Use No Site Address Cleveland Ave 559-117-21 Marina Gateway Hotel Remnant Retained for Government Use No Site Address F Ave 560-232-02 Stein Farm Retained for Government Use No Site Address E Ave 560-232-04 Stein Farm Retained for Government Use 1808 F Ave 560-232-06 Stein Farm Retained for Government Use No Site Address Sheryl Ln 557-430-37 Sheryl Lane Remnant Retained for Government Use 921 A Ave 556-472-16 Kimball House Retained for Government Use 900 W. 23rd St 559-040-43-01 Santa Fe Depot Retained for Government Use No Site Address No Site Address 560-050-13 Kimball Way Retained for Government Use No Site Address No Site Address 560-410-02 Kimball Way Creek Retained for Government Use No Site Address No Site Address 560-410-08 Kimball Way Creek Retained for Government Use No Site Address No Site Address 559-117-04 Olson Property Retained for Future Development 2300 Cleveland Ave 559-117-05 Olson Property Retained for Future Development 830 23rd St 559-117-06 Olson Property Retained for Future Development 835 W. 24th St 559-117-07 Olson Property Retained for Future Development 801 Bay Marina Dr. 559-117-12 Olson Property Retained for Future Development 921 National City 556-471-03 Former Education Retained for Future 472 of 521 Blvd Center Development 929 National City Blvd 556-471-04 Steamed Bean Retained for Future Development Retained for Future Development 130 E. 8th St 556-472-26 H&M Goodies 500 Plaza Blvd 556-560-39 Lamb's Theatre Retained for Future Development 720 W. 23rd St 559-118-02 ACE Metals Retained for Future Development No Site Address ' National City Blvd 562-321-08 RCP Retained for Future Development 1640 E. Plaza Blvd 557-410-20 Day's Inn Retained for Future Development 38 W. l lth St 555-114-01 Roosevelt Lot Retained for Future Development No Site Address No Site Address 555-114-04 Roosevelt Parking Lot Retained for Future Development 1845 E Ave 560-232-05 Stein Farm Retained for Future Development 1231 McKinley Ave 559-022-05 1231 McKinley _ Retained for Future Development 1237 McKinley Ave 559-022-07 1237 McKinley Retained for Future Development 1239 McKinley Ave 559-022-08 1239 McKinley Retained for Future Development Sale of Property 45 E. 12th St #401 556-554-22-43 Centro Unit For purposes of this report the properties will be further categorized as a way to describe next steps. • Retain for Government Use o Historic Assets (Kimball House, Stein Farm, Depot) o Remnant Parcels • Future Development o Request For Qualifications/Proposals (RFQ/P) Sales: Downtown Properties, Marina Gateway Properties o Direct and Brokered Sales: Palm Plaza (Day's Inn), Playhouse on Plaza, RCP, Roosevelt Lots, McKinley Properties and Others • Sale of Property o Centro Condo (Sold and Transferred) Remnant parcels are left over and are unusable properties that were part of past developments. These parcels will likely be help by the City unless the adjacent property has some purpose for acquiring them which would be brought to the City Council for action in the future. There is negligible economic or other consideration. The remaining properties are described as follows with a staff recommendation. 473 of 521 Historic Properties Properties to be held and managed by the City of National City 474 of 521 Address APN # Acquisition Date Value at Time of Purchase Lot Size (SF) Zoning OS No Site Address 560-232-02 7/30/1992 $520,000 20,473 No Site Address 560-232-04 7/30/1992 28,750 OS 1808 F Ave 560-232-06 7/30/1992 15,681 OS Purpose for which property was acquired Purchased to protect the property as a locally significant open space. History/Background Charles Stein purchased the property from E. Thelen in 1900 and the Stein family occupied it until 1992. Although there is debate about the origins of the 1808 F Avenue house, it is known that Charles Stein did make many modifications to the property over time. The barn, built by Mr. Fuson ofNational City, was thriftily made with varying sizes of lumber, some of which were clearly recycled from earlier buildings. Ownership of the home passed from Stein's daughters, Frieda and Maria, to a niece, Madelyn, and finally their grandnephew Steven. The CDC acquired the Stein Farm properties in 1992 and it is now being operated as a Living History Museum. History of environmental contamination or remediation efforts There is no known environmental contamination at the site. 475 of 521 Estimate of Lease/Rental/Other There is no income generated from the historical preserve for the Successor Agency. The last fully executed Operating Agreement with the National City Living History Farm Preserve, Inc. for operation of the fann and museum was signed in 1992 and is currently on hold over. Contractual Requirements for Use of Income/Revenue Currently rent collected by the operator from the unit at 1835 E Avenue is used to support the operation of Stein Farm and the museum. Description of the property's potential for transit -oriented development and the advancement of the planning objectives of the Successor Agency These parcels have the Open Space (OS) and the Very High Density Multi -Unit Residential (RM-3) zoning designations. Despite being less than one mile from the 24th Street trolley station the zoning and historic designation of this site provide little indication for any transit - oriented development. Previous Development Proposals and Activity In 1992, descendants of the Steins were approached by a developer interested in building apartments on the site. After a public awareness campaign to "Save the Farm," the property was sold to the CDC to retain the property as a museum. Identify the use of disposition strategy for the property a. Retained for governmental use b. Retained for future development c. Retained to fulfill an enforceable obligation d. Sell the property Estimate of current value of parcel including any appraisal information The property will continue to be used as a public urban farm. It is difficult to ascertain commercial value because the property is designated OS. There has not been an appraisal conducted for the parcel since it was acquired by the CDC. Recommendation: Negotiate new Maintenance and Operating Agreement with non-profit operator, the National City Living History Farm Preserve, Inc. The agreement will need to take into consideration the sustainability of the programs and facilities. Staff will return to the City Council with a negotiated agreement for their consideration. 476 of 521 Kimball House Address APN # Acquisition Date Value at Time of Purchase Lot Size (SF) Zoning 5A 921 A Avenue 556-472-16 8/16/76 $252,264 8,712 Purpose for which property was acquired Purchased to protect the property as a locally designated historic building. History/Background Frank Kimball, a founder of National City, built the home in 1868. The house boasted of being the first modern house in San Diego with amenities such as a bath tub with running water. Originally located at 21 W. Plaza Boulevard, the building was moved to its current location on A Avenue near Brick Row in Heritage Square in 1980 to protect it from being demolished. The cost of moving the building and the cost for the land on A Avenue are unknown. History of environmental contamination or remediation efforts There is no known environmental contamination at the site. Estimate of Lease/Rental/Other The property does not generate income. The CDC has a 15 year lease with the National City Historical Society. The lease expires August 19, 2023 and provides the first floor of the Kimball House to the National City Historical Society for use as a museum. Contractual Requirements for Use of Inncome/Revenue Any funds received from the operation of the museum are used to pay for utilities and maintenance of the house. The Successor Agency pays $5,000 annually to the National City Historical Society for maintenance of the facility. 477 of 521 Description of the property's potential for transit -oriented development and the advancement of the planning objectives of the Successor Agency This property has the Downtown Specific Plan Development Zone 5A zoning designation which calls for A Avenue to be reinforced as a pedestrian -oriented residential street with new development complementing existing historic structures. Previous Development Proposals and Activity No development proposals have been made. Identify the use of disposition strategy for the property a. Retained for governmental use b. Retained for future development c. Retained to fulfill an enforceable obligation d. Sell the property Outline your disposition strategy for this property Asa property currently used as a historic museum, the property will be transferred to and retained by the City of National City for governmental use. Estimate of current value of parcel including any appraisal information The property will continue to be used as a public historic site. The property has not been recently appraised, but is valued at $500,000 for purposes of depreciation. Recommendation: Negotiate new Maintenance and Operating Agreement with non-profit operator, the National City Historical Society. The agreement will need to take into consideration the sustainability of the programs and facilities. Staff will return to the City Council with a negotiated agreement for their consideration. 478 of 521 Santa Fe Depot Address APN # Acquisition Date Value at Time of Purchase Lot Size iSF) Zoning 900 W. 23rd Street 559-040-43-01 8/15/1995 $678,000 49,223 CT-PD-CZ Purpose for which property was acquired Purchased to restore registered historic structure as a museum. History/Background The Santa Fe Rail Depot was built in 1882 and was the first rail station in the San Diego region to be integrated into the transcontinental rail system. The depot was designed with ati Italianate style of architecture and lies within its original location. The Santa Fe Rail Depot is the oldest railroad -related structure in San Diego County and is a nationally registered historic site. In 1995 the CDC acquired the depot so it could remain a historic site under public ownership. The CDC made numerous improvements to restore the depot to the original design. The rail depot is currently being maintained and operated by the San Diego Electric Railway Association, which is a non-profit corporation dedicated to preserving the historic streetcar systems in the County. The depot acts as both a museum, highlighting the historic role of the railroad system in developing San Diego, as well as a community gathering center. History of environmental contamination or remediation efforts There is no known environmental contamination at the site. 479 of 521 Estimate of Lease/Rental/Other Two office rental units on the second story generate $280 monthly. The lease with MRW Inc. is a separate lease from the lease agreement between the CDC and the San Diego Electric Railway Association (SDERA) that was entered into on September 2, 2008. In 2011 the lease with SDERA was renewed and allowed up to four additional three-year terms. Contractual Requirements for Use of Income/Revenue Rental income collected by SDERA is used to pay utilities and insurance for the museum. Description of the property's potential for transit -oriented development and the advancement of the planning objectives of the Successor Agency This parcel has the Tourist Commercial (CT), Planned Development Overlay (PD), and Coastal Zone Overlay (CZ) zoning designations. Despite bemg located one-half mile from the nearest trolley stop, the current use and designation of the property indicates the site is not suitable for transit -oriented development. Previous Development Proposals and Activity Various uses have been proposed for the Rail Depot including a restaurant, office space, industrial space, and a storage space. As a vacant property there was a proposal for the development of an owner occupied or build -to -suit industrial office with the possibility of a second building with a cafe/restaurant serving breakfast and lunch to the surrounding industrial area. As an improved property there was consideration of community uses such as a museum or community meeting rooms and adult education. Identify the use of disposition strategy for the property a. Retained for governmental use b. Retained for future development c. Retained to fulfill an enforceable obligation d. Sell the property Outline your disposition strategy for this property As a property currently used as a historic train depot and free public train museum, the property will be transferred to and retained by the City of National City for governmental use. Estimate of current value of parcel including any appraisal information The property will continue to be used as a historic site and a free public train museum. There are no records that indicate that the property has been appraised since it was purchased. Recommendation: Negotiate new Maintenance and Operating Agreement with non-profit operator, the SDERA. The agreement will need to take into consideration the sustainability of the programs and facilities. Staff will return to the City Council with a negotiated agreement for their consideration. 480 of 521 Future Development Properties to be sold through a Request for Qualifications/Proposal (RFQ/P) Process 481 of 521 t'w tcw . 7 Na�p-e t ec Recommendation: Issue RFQJP for developers to submit qualifications and a proposal for EITHER or BOTH downtown properties listed below. Former Education Center and Steamed Bean are considered one property and would be most effectively developed with the adjacent Trophy Lounge property that is not owned by the City. The H&M Goodies property is the other property and the entire half block is owned by the City. Staff recommends issuing the RFP/Q in spring 2017 with a recommendation to the City Council in summer 2017. All sales are subject to disposition regulations set for the in the LRPMP and will be subject to a fair market value sale approved by all affected taxing entities. Downtown National City Redevelopment Parcels RFQ/P Process Overall Objective: Select a developer team that will help the city develop the former redevelopment properties in a way that provides long term benefits for the City of National City. Some of the benefits include: 1) Provide housing options in which current residents can transition. 2) Provide housing options for new residents that may work in town or go to the community college that want to live in a convenient, affordable and vibrant area. 3) Provide an increase in the downtown population to support businesses and services. 4) Provide compact infill development that supports smart growth and transit use. 5) Provide a catalyst project that will encourage the development of businesses and additional housing, employment, and services. 6) Increase the livability of the downtown area by partnering with private interests that share common goals of value, sustainability, and quality of life. 7) Provide for economic growth in land value, investment security, sales tax, or property taxes that provide a return on investment made by the City of National City without causing economic challenges for local -residents and businesses. 8) Activate the street environment and improve public safety through proper design and vibrant businesses. 9) Encourage multiple landowners and developers to stay engaged in changing downtown National City not just for one project, but to partner with local landowners, small businesses and other developers, on a block -by -block basis to help reinvigorate downtown. 10) Provide job and business growth opportunity. The selection process will include three levels of review prior to the sale and permitting of the project sites. These levels include: Level 1 Qualification Process (RFQ) The applicant must show that they, along with their partners, have the experience and ability to develop the property by identifying key investors, financial capabilities as well as development experience of a similar infill nature of the intended project. This qualification process will need to include a general description of the intended land uses, development form, and zoning / development standards that are either consistent with the adopted plan or that can be shown to 482 of 521 support the new initiatives of the updated specific plan. This will result in the ranking of the applicants into categories of highly qualified, adequately qualified and not qualified based on the metrics provided in the Level 1 application process. The overall numeric ranking of the applications will be provided to all applicants to help them decide if they wish to move on to the next phase. The scoring of this Level 1 will be added to the scoring of Level 2 and will be used to determine the preferred applicant. Evaluation at this level will be done by a project team of staff and industry experts. Level 2 Proposal Process Level 2 will require the development of site plans, elevations and development statistics as well as the use of the parking management plan and parking bonus system. The metrics will include an overall mixture of uses, the ability to support a diverse downtown population, the creation of job or business opportunities, affordability of units, innovation, and design aspects of the project. Level 2 will require submittal of these items for the project team review and ranking. Level 3 Interview Process Questions will be raised on any of the applications for the Level 2 submittals and sent to the applicants prior to the interview. Questions back to the City will also be allowed in order to inform refinement of the plans. Adjustments to the plans will be allowed that relate to these questions. The applicant will be asked to bring the key members of the development and design team to the interview. A 30-minute presentation period will be allowed, followed by a 45-minute question and answer period. Final Selection Process The final selection will be made through the combination of scores from all three levels, with Level 3 receiving the highest weight. The project team will review these final scores and submit to the City Council for an approval of an Exclusive Negotiating Agreement and any special conditions or requirements associated with the project. 483 of 521 Former Education Center Acquisition Value at Time of Lot Size Address APN # Date Purchase (SF) Zoning 921 National City Blvd 556-471-03 8/16/2000 $350,000 8,712 5B Purpose for which property was acquired Purchased to redevelop blighted area in the central business district with new commercial and/or residential uses. History/Background Parcel 556-471-03: Acquired by the CDC from the Wenig Herbert Trust on July 26, 2000. The property, located on National City Blvd. between 9th St. and Plaza Blvd. was previously an education center that helped engage the community with opportunities in higher education. After 13 years as a vacant property, the Wenig family sold the property to the CDC. In 2001 the education center was demolished by Whillock Contract and the property has remained undeveloped since. The property lies within the National City Redevelopment Project Area of the National City Redevelopment Project adopted on July 18, 1995 and last amended on July 17, 2007. The future development of the site is consistent with the 1995 Redevelopment Plan strategy and goals as also presented in the 2010-2014 Five Year Implementation Plan for the National City Redevelopment Project Area. History of environmental contamination or remediation efforts There is no known environmental contamination at the site. Description of the property's potential for transit -oriented development and the advancement of the planning objectives of the Successor Agency This parcel has the Downtown Specific Plan Development Zone 5B (5B) zoning 484 of 521 designation, which envisions medium density multi. -family residential over street -level retail for properties such as this one fronting on National City Boulevard. Located a mere half' mile away from the 8th Street trolley station and within a one -block radius of three bus stops supporting five different routes, the site is a prime location to support transit -oriented development. The trolley offers transit access to popular San Diego attractions including Old Town, Mission Valley, Fashion Valley, Petco Park, and Qualcomm stadium. The close proximity to the trolley line makes it a convenient location to access other parts of San Diego. Furthermore, the site is situated in the cent -al business district and is within walking distance of retail, recreational and civic services. Any development at this site should enhance the creation of a walkable and transit -oriented neighborhood. Previous Development Proposals and Activity No development proposals have been made that meet zoning and municipal code requirements. Identify the use of disposition strategy for the property a. Retained for governmental use b. Retained for future development c. Retained to fulfill an enforceable obligation d. Sell the property Outline your disposition strategy for this property The property will be transferred to and retained by the City of National City for future development. Furthermore, the City will enter into a Compensation Agreement with the affected taxing entities. The Compensation Agreement will specify that any unrestricted proceeds from sales of the parcels will be distributed to all of the affected taxing entities on a pro rata basis in proportion to each entity's respective share of the property tax base. The calculation of net unrestricted proceeds shall take into account the transaction costs incurred by the City in marketing the property and processing the sale or lease, as well as the costs incurred by the City in carrying or maintaining the property and in preparing and improving the site for development. 485 of 521 Steamed Bean Acquisition Value at Time Address APN # Date of Purchase Lot Size (SF) Zoning 5B 929 National City Blvd 556-471-04 7/29/2003 $225,000 3,049 Purpose for which property was acquired The parcel was purchased to redevelop a blighted area in the central business district with new commercial and/or residential type of uses. History/Background On July 29, 2003, the CDC acquired this parcel from Patricia Sanders. This parcel is contiguous with the former education center property and the CDC was approached by a representative of the subject property while pursuing the purchase of the education center. Negotiations for the property purchase took place, but no agreements were finalized. In mid-2002, negotiations were renewed and a purchase price of $225,000 was negotiated without the use of an appraiser. The property lies within the National City Redevelopment Project Area of the National City Redevelopment Project adopted on July 18, 1995 and last amended on July 17, 2007. The future development of the site is consistent with the 1995 Redevelopment Plan strategy and goals as also presented in the 2010-2014 Five Year Implementation Plan for the National City Redevelopment Project Area. History of environmental contamination or remediation efforts There is no known environmental contamination at the site. 486 of 521 Description of the property's potential for transit -oriented development and the advancement of the planning objectives of the Successor Agency This parcel has the Downtown Specific Plan Development Zone 5B (5B) zoning designation, which envisions medium density multi -family residential over street -level retail for properties such as this one fronting on National City Boulevard. Located a mere half -mile away from the 8th Street trolley station and within a one block radius of three bus stops supporting five different routes, the site is a prime location to support transit -oriented development. The trolley offers transit access to popular San Diego attractions including Old Town, Mission Valley, Fashion Valley, Petco Park, and Qualcomm stadium. The close proximity to the trolley line makes it a convenient location to access other parts of San Diego. Furthermore, the site is situated in the central business districtand is within walking distance of retail, recreational and civic services. Any development at this site should enhance the creation of a walkable and transit -oriented neighborhood. Previous Development Proposals and Activity No development proposals have been made. Identify the use of disposition strategy for the property a. Retained for governmental use b. Retained for future development c. Retained to fulfill an enforceable obligation d. Sell the property Outline your disposition strategy for this property The property will be transferred to and retained by the City of National City for future development. Furthermore, the City will enter into a Compensation Agreement with the affected taxing entities. The Compensation Agreement will specify that any unrestricted proceeds from sales of the parcels will be distributed to all of the affected taxing entities on a pro rata basis in proportion to each entity's respective share of the property tax base. The calculation of net, unrestricted proceeds shall take into account the transaction costs incurred by the City in marketing the property and processing the sale or lease, as well as the costs incurred by the City in carrying or maintaining the property and in preparing and improving the site for development. 487 of 521 H&M Goodies Acquisition Value at Time Address APN # Date of Purchase Lot Size (SF) Zoning 130 E. 8th Street 556-472-26 4/25/2003 $1,085,000 28,750 9 & 10 Purpose for which property was acquired Purchased to redevelop blighted area in the central business district with new commercial and/or residential uses. History/Background A purchase price of $1,085,000 was agreed upon contingent on the CDC obtaining free and clear title and environmental clearances. The price was inclusive of all costs including relocation, Loss of goodwill, and the value of all fixtures and equipment. The property lies within the National City Redevelopment Project Area of the National City Redevelopment Project adopted on July 18, 1995 and last amended on July 17, 2007. The future development of the site is consistent with the 1995 Redevelopment Plan strategy and goals as also presented in the 2010-2014 Five Year Implementation Plan for the National City Redevelopment Project Area. History of environmental contamination or remediation efforts There is no known environmental contamination at the site. However, the site was subjected to a Fire Code inspection in 2011 and was cited with multiple code violations, including the possibility of lead paint. Estimate of Lease/Rental/Other The CDC entered into a six-month lease with the Schoenfeld Family Trust on May 1, 2003 to continue the operation of a retail location. The lease continued on a month -to -month basis until March 2015 when the lease was terminated by the lessee. No new tenants have been identified. 488 of 521 Contractual Requirements for Use of Income/Revenue $2,500 per month was received for the operating lease as revenue to the Successor Agency. Description of the property's potential for transit -oriented development and the advancement of the planning objectives of the Successor Agency This parcel has the Downtown Specific Plan Development Zones 9 and 10 (9 & 10) zoning designations (mixed use — multifamily residential overlaying ground level retail). Located less than a half -mile away from the 8th Street trolley station and within a four -block radius of four bus stops supporting five different routes, the site is a prime location to support transit - oriented development. The trolley offers transit access to popular San Diego attractions including Old Town, Mission Valley, Fashion Valley, Petco Park, and Qualcomm stadium. The close proximity to the trolley line makes it a convenient location for to access other parts of San Diego. Furthermore, the site is situated in the central business district and is within walking distance from retail, recreational and civic services. Any development at this site should enhance the creation of a walkable and transit -oriented neighborhood. Previous Development Proposals and Activity The Social Security Administration had expressed interest in the site for the construction of new office space in 2010, but no agreements were made. Identify the use of disposition strategy for the property a. Retained for governmental use b. Retained for future development c. Retained to fulfill an enforceable obligation d. Sell the property Outline your disposition strategy for this property The property will be transferred to and retained by the City of National City for future development. Furthermore, the City will enter into a Compensation Agreement with the affected taxing entities. The Compensation Agreement will specify that any unrestricted proceeds from sales of the parcels will be distributed to all of the affected taxing entities on a pro rata basis in proportion to each entity's respective share of the property tax base. The calculation of net unrestricted proceeds shall take into account the transaction costs incurred by the City in marketing the property and processing the sale or lease, as well as the costs incurred by the City in carrying or maintaining the property and in preparing and improving the site for development. 489 of 521 Earina,Gacway imperfles Recommendation: Issue RFQ/P for developers to submit qualifications and a proposal for BOTH Marina Gateway properties listed below. The RFQ/P would be issued once there is reasonable certainty that the "Balanced Plan" Environmental Impact Report will secure the entitlements for the properties to be developed commercially. Staff expects that timing to be end of 2017 or early 2018. All sales are subject to disposition regulations set for the in the LRPMP and will be subject to a fair market value sale approved by all affected taxing entities. Details and criteria for the RFQ/P will be created prior to the release. Olson (Parcel B) Address APN # Acquisition Date Value at Time of Purchase Lot Size (SF) Zoning No Site Address 559-117-04 1/27/1999 $260,000 3,049 MM - CZ 2300 Cleveland Ave. 559-117-05 1/27/1999 $260,000 14,374 MM - CZ 830 W. 23rd St. 559-117-06 1/27/1999 $430,000 8,394 MM - CZ 835 W. 24th St. 559-117-07 8/3/1994 $165,000 20,037 MM - CZ 801 Bay Marina Dr. 559-117-12 1/27/1999 $260,000 28,750 MM - CZ Purpose for which property was acquired Assemblage for large scale commercial and light industrial redevelopment. History/Background National City approved a General Plan in 1996 that included allowances for the Port District to develop a marina and expand recreational uses adjacent to Pepper Park. The CDC acquired the subject site, and others in the immediate area, to encourage tourist -oriented commercial development on the south side of Bay Marina Drive and light industrial uses to the north. In September of 2009 National City adopted a vacation of the alley -way south of West 23rd Street 490 of 521 and north of Bay Marina Drive to encourage development and implementation of the Harbor District Specific Plan. Parcels 559-117-04, 05, & 12 were acquired by the CDC from Tideland Properties on January 27, 1999 for $780,000. The three parcels are situated on 23rd Street, Bay Marina Drive and Cleveland Avenue. At the time of purchase the property was improved with one double -Quonset style industrial building, one metal Butler style industrial building and a two-story concrete office building. The 16,430 SF of improved area was demolished in 1999 to prepare the site for future redevelopment. Parcel 559-117-06 was acquired by the CDC from Robert D. Young on January 27, 1999 for $430,000. This parcel is situated at the southeast corner of Harrison and 23rd street. At the time of purchase the property was improved with an 8,506 SF industrial building until being demolished in 1999. Parcel 559-117-07 was acquired by the CDC from the Bankruptcy estate of Remo Tontini on August 2, 1994. The acquisition price is unknown. The site is situated on the northwest corner of Harrison Avenue and Bay Marina Drive. At the time of purchase there were four connected main buildings with additional outdoor storage spaces, which were demolished in 1999. The property lies within the National City Redevelopment Project Area of the National City Redevelopment Project adopted on July 18, 1995 and last amended on July 17, 2007. The future development of the site is consistent with the 1995 Redevelopment Plan strategy and goals as also presented in the 2010-2014 Five Year Implementation Plan for the National City Redevelopment Project Area. History of environmental contamination or remediation efforts According to the Environmental Business Solutions, Inc. report in September 2001. The subject site had three wells that were installed at the property. The wells were sampled and analyzed for volatile organic compounds (VOC's), semi -volatile organic compounds (SVOC's), methyl tertiary ether (MTBE), poly -nuclear aromatic hydrocarbons (PAHs), and metals listed in Title 22 of the California Code of Regulation (CCR). The sampling was documented in a February 8, 1999 groundwater monitoring report by Ninyo & Moore. Estimate of Lease/Rental/Other N/A Contractual Requirements for Use of Income/Revenue N/A Description of the property's potential for transit -oriented development and the advancement of the planning objectives of the Successor Agency These parcels have both the Medium Manufacturing (MM) and Coastal Zone Overlay (CZ) zoning designations. The 24th Street trolley station is approximately 0.4 miles from the subject property. It provides 156 free parking spaces with a north -south trolley line that runs seven days a week. The trolley offers transit access to popular San Diego attractions including Old Town, 491 of 521 Mission Valley, Fashion Valley, Petco Park, and Qualcomm stadium. The close proximity to the trolley line makes it a convenient location to access other parts of San Diego, indicating the site has potential for transit -oriented development. Additionally, transit -oriented development would support the agency's planning objective of developing commercial and recreational uses by focusing on increased tourism. Previous Development Proposals and Activity The CDC was in negotiations with Marina Gateway Development Company to develop a commercial project on the subject site. The goal and strategy of development was to provide retail and tourism uses that would complement and support the existing industrial development and other new commercial developments in the vicinity. The subject property was being actively marketed until the dissolution of the redevelopment agency. Identify the use of disposition strategy for the property a. Retained for governmental use b. Retained for future development c. Retained to fulfill an enforceable obligation d. Sell the property Outline your disposition strategy for this property The property will be transferred to and retained by the City of National City for future development. Furthermore, the City will enter into a Compensation Agreement with the affected taxing entities. The Compensation Agreement will specify that any unrestricted proceeds from sales of the parcels will be distributed to all of the affected taxing entities on a pro rata basis in proportion to each entity's respective share of the property tax base. The calculation of net unrestricted proceeds shall take into account the transaction costs incurred by the City in marketing the property and processing the sale or lease, as well as the costs incurred by the City in carrying or maintaining the property and in preparing and improving the site for development. 492 of 521 ACE Metes (Parcel A) Acquisition Value at Tinie Address APN # Date of Purchase Lot Size (SF) Zoning 720 W. 23rd Street 559-118-02 3/13/2001 $1,104,000 55,321 MM - CZ Purpose for which property was acquired Purchased to redevelop blighted area with new commercial and industrial uses. History/Background National City approved a General Plan in 1996 that included allowances for the Port District to develop a marina and expand recreational uses adjacent to Pepper Park. In October 1998 the CDC filed a complaint of eminent domain on the subject property. A judgment in favor of the CDC was made and after a payment in January 2001 the property was granted to the CDC. Shortly after the change in ownership, the buildings previously used by Ace Metals were demolished and the property was used for parking by automotive dealerships. The CDC acquired the subject site and .others in the immediate area to encourage tourist -oriented commercial development on the south side of Bay Marina Drive and light industrial uses to the north. In September 2009 the National City Council adopted a vacation of the alley -way south of West 23rd Street and north of Bay Marina Drive to encourage development and implementation of the Harbor District Specific Plan. Currently the subject site is vacant and awaiting redevelopment. The property lies within the National City Redevelopment Project Area of the National City Redevelopment Project adopted on July 18, 1995 and last amended on July 17, 2007. The future development of the site is consistent with the 1995 Redevelopment Plan strategy and goals as also presented in the 2010-2014 Five Year Implementation Plan for the National City Redevelopment Project Area. History of environmental contamination or remediation efforts The subject site has undergone six environmental studies according to a report published in 2001. These studies include: two Phase 1 ESAs ("Environmental Site Assessment") and four Phase II ESAs. There were approximately 66 soil borings drilled and sampled including 10 soil 493 of 521 vapor sample points. The areas/features of concern were a former above ground storage tank, a former underground storage tank, a former hydraulic baler, and elevated hydrocarbon concentration in surface soils. A Revised Property Mitigation Plan (RPMP), dated April 7, 2006, was prepared for the CDC. The RPMP described the excavation and disposal of soil at the property. Description of the property's potential for transit -oriented development and the advancement of the planning objectives of the Successor Agency This parcel has both the Medium Manufacturing (MM) and Coastal Zone Overlay (CZ) zoning designations. The 24th Street trolley station is approxunately 0.5 miles from the subject property. The 24th street trolley station offers 156 free parking spaces with a north -south trolley line that runs seven days a week. The trolley offers transit access to popular San Diego attractions includmg Old Town, Mission Valley, Fashion Valley, Petco Park, and Qualcomm stadium. The close proximity to the trolley line makes it a convenient location to access other parts of San indicating the site has potential for transit -oriented development. Additionally, transit -oriented development would support the agency's planning objective of developing commercial and recreational uses by focusing on increased tourism. Previous Development Proposals and Activity The CDC was in negotiations with Marina Gateway Development Company to develop 0 commercial project on the subject site. The goal and strategy of development was to provide retail and tourism uses that would complement and support the existing industrial development and other new commercial developments in the vicinity. The subject property was being actively marketed until the disbanding of the redevelopment agency. Identify the use of disposition strategy for the property a. Retained for governmental use b. Retained for future development c. Retained to fulfill an enforceable obligation d. Sell the property Outline your disposition strategy for this property The property will be transferred to and retained by the City of National City for future development. Furthermore, the City will enter into a Compensation Agreement with the affected taxing entities. The Compensation Agreement will specify that any unrestricted proceeds from sales of the parcels will be distributed to all of the affected taxing entities on a pro rata basis in proportion to each entity's respective share of the property tax base. The calculation of net unrestricted proceeds shall take into account the transaction costs incurred by the City in marketing the property and processing the sale or lease, as well as the costs incurred by the City in carrying or maintaining the property and in preparing and improving the site for development. 494 of 521 Future Development Properties to be sold through Direct or Brokered Sale 495 of 521 Lamb's Theatre Acquisition Value at Time Address APN # Date of Purchase Lot Size (SF) Zoning MXD- 500 Plaza Boulevard 556-560-39 5/26/2005 $903,000 16,990 2 Purpose for which property was acquired Purchased to redevelop blighted area in the central business district with a new or rehabilitated performing arts center. History/Background The property was originally built and used as a Christian Science Church building. A small non-profit theater production company, Lamb's Players Incorporated, purchased, renovated and used the facility as a venue for 119 productions from 1978-1994. The old arena - style theater accommodated a maximum occupancy of 172 people and its backstage rooms doubled as Lamb's Players administrative offices. On May 26, 2005, the National City CDC purchased the Playhouse from Lamb's Players Incorporated. A due diligence report in February of 2006 estimated it would cost the CDC an additional $640,000 to bring the building up to code. Due to the high cost of rehabilitation, the property has remained vacant since 2005. Furthermore, in May 2015, a fire heavily damaged the interior of the building. The property lies within the National City Redevelopment Project Area of the National City Redevelopment Project adopted on July 18, 1995 and last amended on July 17, 2007. The future development of the site is consistent with the 1995 Redevelopment Plan strategy and goals as also presented in the 2010-2014 Five Year Implementation Plan for the National City Redevelopment Project Area. History of environmental contamination or remediation efforts There is no known environmental contamination at the site. However, the building was subjected to a code inspection in 2006 and was cited with multiple code violations, including the possibility of lead paint and asbestos. 496 of 521 Estimate of Lease/Rental/Other N/A Contractual Requirements for Use of Income/Revenue N/A Description of the property's potential for transit -oriented development and the advancement of the planning objectives of the Successor Agency This parcel has the Major Mixed -Use District (MXD-2) zoning designation. Located less than one mile away from the 8th Street trolley station and within a four block radius of four bus stops supporting 6 different routes, the site is a good location to support transit -oriented development. The trolley offers transit access to popular San Diego attractions including Old Town, Mission Valley, Fashion Valley, Petco Park, and Qualcomm stadium. The close proximity to the trolley line makes it a convenient location to access other parts of San Diego. Furthermore, the site is situated near the central business district and is within walking distance of retail, recreational and civic services. Any development at this site should enhance the creation of a walkable and transit -oriented neighborhood. Previous Development Proposals and Activity Proposals to renovate by non -profits to keep the building operational have been made, yet improvements were deemed too cosily. Renovation estimates ranged from $1,000,000 to $3,000,000. Identify the use of disposition strategy for the property a. Retained for governmental use b. Retained for future development c. Retained to fulfill an enforceable obligation d. Sell the property Outline your disposition strategy for this property The property will be transferred to and retained by the City of National City for future development. Furthermore, the City will enter into a Compensation Agreement with the affected taxing entities. The Compensation Agreement will specify that any unrestricted proceeds from sales of the parcels will be distributed to all of the affected taxing entities on a pro rata basis in proportion to each entity's respective share of the property tax base. The calculation of net unrestricted proceeds shall take into account the transaction costs incurred by the City in marketing the property and processing the sale or lease, as well as the costs incurred by the City in carrying or maintaining the property and in preparing and improving the site for development. 497 of 521 RCP Acquisition Value at Time Address APN # Date of Purchase Lot Size (SF) Zoning No site address 562-321-08 10/3/1991 $738,000 58,370 CA - PD - CZ Purpose for which property was acquired Purchased to develop commercial automotive business. History/Background The CDC purchased the land from Allan and La Verne Olson in 1991. The land remains vacant with no prior history of development or improvement. The property lies within the National City Redevelopment Project Area of the National City Redevelopment Project adopted on July 18, 1995 and last amended on July 17, 2007. The future development of the site is consistent with the 1995 Redevelopment Plan strategy and goals as also presented in the 2010-2014 Five Year Implementation Plan for the National City Redevelopment Project Area. History of environmental contamination or remediation efforts There is no known environmental contamination at the site. Estimate of Lease/Rental/Other N/A Contractual Requirements for Use of Income/Revenue Contractual requirements for use of income/revenue unknown at this time. Description of the property's potential for transit -oriented development and the advancement of the planning objectives of the Successor Agency This parcel has the Commercial Automotive (CA), Planned Development Overlay (PD), and Coastal Zone Overlay (CZ) zoning designations. The 24th Street trolley station is a mile from the 498 of 521 subject property. The 24th street trolley station offers 156 free parking spaces with a north -south trolley line that runs seven days a week. The trolley offers transit access to popular San Diego attractions including Old. Town, Mission Valley, Fashion Valley, Petco Park, and Qualcomm stadium The close proximity to the trolley line makes it a convenient location for access to other parts of San Diego, indicating the site has potential for transit -oriented development. Further, this property has convenient access to Highway 54. Additionally, transit -oriented development would support the agency's planning objective of developing commercial and recreational uses by focusing on increased tourism. Previous Development Proposals and Activity Utilization of the property for commercial auto purposes has been discussed. An interested company had intended for the site to serve as access to a much larger parcel to the east. The recession interrupted plans for a retail center there. Identify the use of disposition strategy for the property a. Retained for governmental use b. Retained for future development c. Retained to fulfill an enforceable obligation d. Sell the property Outline your disposition strategy for this property This parcel has the Commercial Automotive (CA), Planned Development Overlay (PD), and Coastal Zone Overlay (CZ) zoning designations. The property will be transferred to and retained by the City of National City for future development. Furthermore, the City will enter into a Compensation Agreement with the affected taxing entities. The Compensation Agreement will specify that any unrestricted proceeds from sales of the parcels will be distributed to all of the affected taxing entities on a pro rata basis in proportion to each entity's respective share of the property tax base. The calculation of net unrestricted proceeds shall take into account the transaction costs incurred by the City in marketing the property and processing the sale or lease, as well as the costs incurred by the City in carrying or maintaining the property and in preparing and improving the site for development. Estimate of current value of parcel including any appraisal information Direct comparison with sales of similar land suggests a value of $1,050,000 as of May 1, 2014. The last professional appraisal was conducted in October of 2006 and recommended a value of $760,000. 499 of 521 Day's hm Address APN # Acquisition Date Value at Time of Purchase Lot Size (SF) Zoning 1640 E. Plaza Blvd 557-410-20 10/27/2005 $3,775,000 46,609 MXD-2 Purpose for which property was acquired Purchased to redevelop blighted area into a residential housing project. History/Background This property was a functioning hotel until it closed in the early 2000s, leaving a blighted and abandoned building. Under a put -option agreement with the CDC, National City Hotels acquired the property in 2004 from Rex Investments for $3,775,000 with the intent to develop mixed -use residential units with the assistance of government entitlements. When National City Hotels was unable to obtain the government entitlements and the adjacent vacant property, they exercised the Put -Option Agreement with the CDC. The prices of these sales were based on valuations that included the value of an operable hotel. Numerous development proposals and agreements were entered into but none materialized in redevelopment. The property lies within the National City Redevelopment Project Area otthe National City Redevelopment Project adopted on July 18, 1995 and last amended on July 17, 2007. The future development of the site is consistent with the 1995 Redevelopment Plan strategy and goals as also presented in the 2010-2014 Five Year Implementation Plan for the National City Redevelopment Project Area. History of environmental contamination or remediation efforts There is no known environmental contamination at the site. Estimate of Lease/Rental/Other N/A 500 of 521 Contractual Requirements for Use of Income/Revenue N/A Description of the property's potential for transit -oriented development and the advancement of the planning objectives of the Successor Agency This parcel has the Major Mixed -Use District (MXD-2) zoning designation. The property's zoning permits mixed -use and higher density suitable for transit -oriented development. The property is within walking distance of commercial and residential areas and approximately 1.5 miles from the nearest trolley station. Furthermore, this property is close to several key transportation components: major arterials that are to be widened in the near future, close proximity to a planned Bus Rapid Transit station, and a nearby bus line. Previous Development Proposals and Activity A Purchase and Sale Agreement between Palm Plaza Associates and the CDC was entered into in November of 2009 for a sale amount of $1,823,000 for the purpose of developing 72 for -sale residential units. The City Council of National City approved a Planned Development Permit for a 72-unit condominium development on December 15, 2009 and the CDC authorized the Chairman to execute the Purchase and Sale Agreement (PSA) on January 15, 2010. The sale was contested by the owner of a Thrifty Gas Station contiguous to the Palm Plaza Associates property. Palm Plaza Associates sold their frontage on Plaza Blvd. to the owners of the Thrifty gas station in order to secure the deal with the CDC. However, the recession had greatly affected the appraised value of the property, which led to an amendment of the PSA in June of 2011 reflecting a new value of $690,000. Prior to the completion of the sale and beginning of construction, redevelopment agencies were dissolved, which stopped the redevelopment of the site. Identify the use of disposition strategy for the property a. Retained for governmental use b. Retained for future development c. Retained to fulfill an enforceable obligation d. Sell the property Outline your disposition strategy for this property The property will be transferred to and retained by the City of National City for future development. Furthermore, the City will enter into a Compensation Agreement with the affected taxing entities. The Compensation Agreement will specify that any unrestricted proceeds from sales of the parcels will be distributed to all'.of the affected taxing entities on a pro rata basis in proportion to each entity's respective share of the property tax base. The calculation of net unrestricted proceeds shall take into account the transaction costs incurred by the City in marketing the property and processing the sale or lease, as well as the costs incurred by the City in carrying or maintaining the property and in preparing and improving the site for development. Estimate of current value of parcel including any appraisal information Direct comparison with sales of similar land suggests a value of $790,000 as of May 1, 2014. The last professional appraisal was conducted in 2011 and the site was valued at $690,000. 501 of 521 Long Range Property Management Plan (Revised 12/2015) Roosevelt Lot Acquisition Value at Time of Address APN # Date Purchase Lot Size (SF) Zoning 38 W. llth St 555-114-01 12/21/2012 $155,000 4,791 6 Purpose for which property was acquired Purchased to redevelop blighted areas near the central business district with new commercial and/or residential uses. History/Background The CDC, the National City Parking Authority (Parking Authority), and ARE Holdings, LLC (ARE) entered into a Disposition and Development Agreement (DDA). ARE then filed a lawsuit against the CDC and the Parking Authority regarding obligations and covenants under the DDA. In response, the CDC and the Parking Authority filed a cross -complaint against ARE, which named Parking Company and PCAM, LLC (PCAM) as additional related cross -defendants. Therefore, this property was acquired as part of a settlement agreement between the Successor Agency and ARE and PCAM. On the parcel is a housing structure that has been inhabitable by the City of National City. The estimated cost to demolish the condemned structure is under $10,000. The property lies within the National City Redevelopment Project Area of the National City Redevelopment Project adopted on July 18, 1995 and last amended on July 17, 2007. The future development of the site is consistent with the 1995 Redevelopment Plan strategy and goals as also presented in the 2010-2014 Five Year Implementation Plan for the National City Redevelopment Project Area. 502 of 521 Long Range Property Management Plan (Revised 12/2015) History of environmental contamination or remediation efforts A Phase 11 Environmental Site Assessment conducted in 2006 identified the site as having 300- 600 cubic yards contaminated by pesticides and petroleum hydrocarbons. It is unknown whether any remediation was completed on the subject site. Estimate of Lease/Rental/Other N/A Contractual Requirements for Use of Income/Revenue N/A Description of the property's potential for transit -oriented development and the advancement of the planning objectives of the Successor Agency This parcel has the Downtown Specific Plan Development Zone 6 (6) zoning designation (mid - rise multifamily residential, street -oriented retail, office or hospitality). The location and size of the site indicate there is an opportunity for transit related development. Previous Development Proposals and Activity No specific previous development proposals or activity exist for this site. Identify the use of disposition strategy for the property a. Retained for governmental use b. Retained for future development c. Retained to fulfill an enforceable obligation d_ Sell the property Outline your disposition strategy for this property The property will be transferred to and retained by the City of National City for future development. Furthermore, the City will enter into a Compensation Agreement with the affected taxing entities. The Compensation Agreement will specify that any unrestricted proceeds from sales of the parcels will be distributed to all of the affected taxing entities on a pro rata basis in proportion to each entity's respective share of the property tax base. The calculation of net unrestricted proceeds shall take into account the transaction costs incurred by the City in marketing the property and processing the sale or lease, as well as the costs incurred by the City in carrying or maintaining the property and in preparing and improving the site for development. Estimate of current value of parcel including any appraisal information Direct comparison with sales of similar land suggests a value of $55,000 as of May 1, 2014. 503 of 521 Long Range Property Management Plan (Revised 12/2015) Roosevelt Parking Lot Address APN # Acquisition Date Value at Time of Purchase Lot Size (Sly) Zoning No Site Address 555-114-04 12/21/2012 $83,616 2,613 6 Purpose for which property was acquired Purchased to redevelop blighted areas near the central business district with new commercial and/or residential uses. History/Background The CDC, the Parking Authority, and ARE entered into a DDA. ARE then filed a lawsuit against the CDC and the Parking Authority regarding obligations and covenants under the DDA. In response, the CDC and the Parking Authority filed a cross -complaint against ARE, which named Parking Company and PCAM as additional related cross -defendants. Therefore, this property was acquired as part of a settlement agreement between the Successor Agency, ARE, and PCAM. The property lies within the National City Redevelopment Project Area of the National City Redevelopment Project adopted on July 18, 1995 and last amended on July 17, 2007. The future development of the site is consistent with the 1995 Redevelopment Plan strategy and goals as also presented in the 2010-2014 Five Year Implementation Plan for the National City Redevelopment Project Area. History of environmental contamination or remediation efforts A Phase 11 ESA conducted in 2006 identified the site as having no environmental contamination. Estimate of Lease/Rental/Other N/A 504 of 521 Long Range Property Management Plan (Revised 12/201.5) Contractual Requirements for Use of Income/Revenue N/A Description of the property's potential for transit -oriented development and the advancement of the planning objectives of the Successor Agency This parcel has the Downtown Specific Plan Development Zone 6 (6) zoning designation (mid - rise multifamily residential, street -oriented retail, office or hospitality). The location and size of the site indicate there is very little opportunity for transit related development. Previous Development proposals and Activity No previous development proposals or activity exist for this site. Identify the use of disposition strategy for the property a. Retained for governmental use b. Retained for future development c. Retained to fulfill an enforceable obligation d. Sell the property Outline your disposition strategy for this property The property will be transferred to and retained by the City of National City for future development. Furthermore, the City will enter into a Compensation Agreement with the affected taxing entities. The Compensation Agreement will specify that any unrestricted proceeds from sales of the parcels will be distributed to all of the affected taxing entities on a pro rata basis in proportion to each entity's respective share of the property tax base. The calculation of net unrestricted proceeds shall take into account the transaction costs incurred by the City in marketing the property and processing the sale or lease, as well as the costs incurred by the City in carrying or maintaining the property and in preparing and improving the site for development. Estimate of current value of parcel including any appraisal information Direct comparison with sales of similar land suggests a value of $86,238 as of May 1, 2014. 505 of 521 Long Range Property Management Plan (Revised 12/2015) Stein Farm House Address APN # Acquisition Date Value at Time of Purchase Lot Size (SF) Zonin/ RM-3 1845E Ave 560-232-05 8/19/1997 $112,000 7,840 Purpose for which property was acquired The property was purchased on August 19, 1997 to settle a boundary dispute. History/Background The property is a single-family house that was provided to the National City Living History Preserve, Inc. to generate income for operations at the Stein Family Farm. The parcel lies within the National City Redevelopment Project Area of the Redevelopment Plan for the National City Redevelopment Project adopted on July 18, 1995 and last amended on July 17, 2007. The property lies within the National City Redevelopment Project Area of the National City Redevelopment Project adopted on July 18, 1995 and last amended on July 17, 2007. The future development of the site is consistent with the 1995 Redevelopment Plan strategy and goals as also presented in the 2010-2014 Five Year Implementation Plan for the National City Redevelopment Project Area. History of environmental contamination or remediation efforts There is no known environmental contamination at the site. 506 of 521 Long Range Property Management Plan (Revised 12/2015) Estimate of Lease/Rental/Other The tenants of the single-family home are currently paying $900 a month directly to the National City Living History Farm Preserve, Inc. (NCLHFP), the operators of the Stein Farm. The last fully executed Operating Agreement with the NCLHFP for operation of the farm and museum was signed in 1992 and is currently on hold over. The rental income offsets operational costs at the Stein Farm. Contractual Requirements for Use of Income/Revenue All rental monies collected by NCLHFP from the unit at 1835 E Avenue are currently used to support the operation of Stein Farm and the museum. Description of the property's potential for transit -oriented development and the advancement of the planning objectives of the Successor Agency This parcel has the Very High Density Multi -Unit Residential (RM-3) zoning designations. However, the limited size of the lot and the open space designation of adjoining lots make it difficult for any transit -oriented development. Previous Development Proposals and Activity None Identify the use of disposition strategy for the property a. Retained for governmental use b. Retained for future development c. Retained to fulfill an enforceable obligation d. Sell the property Outline your disposition strategy for this property The property will be transferred to and retained by the City of National City for future development. Furthermore, the City will enter into a Compensation Agreement with the affected taxing entities. The Compensation Agreement will specify that any unrestricted proceeds from sales of the parcels will be distributed to all of the affected taxing entities on a pro rata basis in proportion to each entity's respective share of the property tax base. The calculation of net unrestricted proceeds shall take into account the transaction costs incurred by the City in marketing the property and processing the sale or lease, as well as the costs incurred by the City in carrying or maintaining the property and in preparing and improving the site for development. Estimate of current value of parcel including any appraisal information There currently is no appraisal history for this parcel. 507 of 521 Long Range Property Management Plan (Revised 12/2015) 1231 McKinley Value at Time of Lot Size Address APN # Acquisition Date Purchase (SF) Zoning 1231 McKinley 559-022-05 10/22/1999 $50,060 2,613 MM - CZ Purpose for which property was acquired These parcels were acquired for future development within the blighted area. History/Background The former RDA acquired this parcel through eminent domain and was planned for future development. The property lies within the National City Redevelopment Project Area of the National City Redevelopment Project adopted on July 18, 1995 and was last amended on July 17, 2007. The future development of the site is consistent with the 1995 Redevelopment Plan strategy and goals as also presented in the 2010-2014 Five Year Implementation Plan for the National City Redevelopment Project Area. History of environmental contamination or remediation efforts There is no known environmental contamination at the site. Estimate of Lease/Rental/Other N/A Contractual Requirements for Use of Income/Revenue N/A 508 of 521 Long Range Property Management Plan (Revised 12/2015) Description of the property's potential for transit -oriented development and the advancement of the planning objectives of the Successor Agency This parcel has both the Medium Manufacturing (MM) and Coastal Zone Overlay (CZ) zoning designations. Despite being one mile from the 8th Street trolley station, the lot size and location of this site provide little indication that the site is suitable for transit -oriented development. Previous Development Proposals and Activity No development proposals have been made. Identify the use of disposition strategy for the property a. Retained for governmental use b. Retained for future development c. Retained to fulfill an enforceable obligation d. Sell the property Outline your disposition strategy for this property The property will be transferred to and retained by the City of National City for future development. Furthermore, the City will enter into a Compensation Agreement with the affected taxing entities. The Compensation Agreement will specify that any unrestricted proceeds from sales of the parcels will be distributed to all of the affected taxing entities on a pro rata basis in proportion to each entity's respective share of the property tax base.. The calculation of net unrestricted proceeds shall take into account the transaction costs incurred by the City in marketing the property and processing the sale or lease, as well as the costs incurred by the City in carrying or maintaining the property and in preparing and improving the site for development. Estimate of current value of parcel including any appraisal information Based upon comparable sales within the local San Diego County market, the current value of the properties is $44,400. 509 of 521 Long Range Property Management Plan (Revised 12/2015) 1237 and 1239 McKinley Address APN # Acquisition Date Value at Time of Purchase Lot Size (SF) Zoning 1237 McKinley Ave 559-022-07 7/23/1998 $81,710 3,049 MM - CZ 1239 McKinley Ave 559-022-08 _ 7/8/1998 $60,000 3,049 MM - CZ Purpose for which property was acquired Purchased to create an assemblage suitable for redevelopment of a blighted area. History/Background The CDC purchased these parcels in 1998. There was a house on the two contiguous parcels. Shortly after the site was purchased by the CDC, the residents left and the house was demolished. The property lies within the National City Redevelopment Project Area of the National City Redevelopment Project adopted on July 18, 1995 and last amended on July 17, 2007. The future development of the site is consistent with the 1995 Redevelopment Plan strategy and goals as also presented in the 2010-2014 Five Year Implementation Plan for the National City Redevelopment Project Area. History of environmental contamination or remediation efforts A Phase I ESA was conducted on the parcels in 2010 and identified proximal sources of potential soil and groundwater contamination that represent a recognized environmental condition. The Phase I recommendation was to perform a Phase II subsurface investigation to provide information for construction contingency planning if required for future development activities. No environmental remediation has taken place. However, the site is located in the CDC's former Brownfield Grant Redevelopment Area. 510 of 521 Long Range Property Management Plan (Revised 12/2015) Estimate of Lease/RentaUOther N/A Contractual Requirements for Use of Income/Revenue N/A Description of the property's potential for transit -oriented development and the advancement of the planning objectives of the Successor Agency These parcels have both the Medium Manufacturing (_VA/P) and Coastal Zone Overlay (CZ) zoning designations. Despite being less than one-half mile from the 8th Street trolley station, the lot sizes and zoning of this site provide little indication that the site is suitable for transit- onented development. Previous Development Proposals and Activity No development proposals have been made. Identify the use of disposition strategy for the property a. Retained for governmental use b. Retained for future development c. Retained to fulfill an enforceable obligation d. Sell the property Outline your disposition strategy for this property The property will be transferred to and retained by the City of National City for future development. Furthermore, the City will enter into a Compensation Agreement with the affected taxing entities. The Compensation Agreement will specify that any unrestricted proceeds from sales of the parcels will be distributed to all of the affected taxing entities on a pro rata basis in proportion to each entity's respective share of the property tax base. The calculation of net unrestricted proceeds shall take into account the transaction costs incurred by the City in marketing the property and processing the sale or lease, as well as the costs incurred by the City in carrying or maintaining the property and in preparing and improving the site for development. Estimate of current value of parcel including any appraisal information Direct comparison with sales of similar land suggests a value of $85,000 as of May 2014 for both parcels combined. The last professional appraisal to be conducted at the site is unknown. 511 of 521 Long Range Property Management Plan (Revised 12/2015) Centro, Unit #401 Address APN # Acquisition Date Value at Time of Purchase Lot Size (SE) Zoning 45 E. 12th St, #401 556-554-22-43 6/16/2011 $195,000 901 5B Purpose for which property was acquired Under the terms of a DDA, the developers, Constellation Property Group, was to provide the CDC a condominium unit and two parking spaces. In return, the CDC loaned about $2.5 million to Constellation in order to finance the Centro development. History/Background Under a DDA between the CDC and Constellation Property Group, the CDC transferred the property to an affiliate of Constellation. Further, the DDA dictated that in return for the property, the CDC would receive one condominium unit, a trolley transit center, and street improvements. History of environmental contamination or remediation efforts There is no known environmental contamination at the site. Estimate of Lease/Rental/Other N/A Contractual Requirements for Use of Income/Revenue N/A Description of the property's potential for transit -oriented development and the advancement of the planning objectives of the Successor Agency This parcel has the Downtown Specific Plan Development Zone 5B (5B) zoning designation (row homes on A Avenue). This site is at an adequate location for transit -oriented development. It is located less than a half -mile away from the 8t Street trolley station and within a four block radius of four bus stops. In addition, the site is situated near the downtown business area, which is close to local restaurants, hotels, and major freeway access. Situated near Kimball Park and the 512 of 521 Long Range Property Management Plan (Revised 12/2015) National City Civic Center, this development enhances the walkability and transit -oriented goals for the City. Previous Development Proposals and Activity No development proposals have been made. Identify the use of disposition strategy for the property a. Retained for governmental use b. Retained for future development c. Retained to fulfill an enforceable obligation d. Sell the property Outline your disposition strategy for this property The Successor Agency intends to sell the property pursuant to a solicitation process approved by the Oversight Board. The property will be sold for fair market value. All sales shall be approved or rejected by the Oversight Board. The net proceeds from the sale will be distributed as property tax to each taxing entity in an amount proportionate to its share of property tax revenues. Estimate of current value of parcel including any appraisal information Based upon an appraisal by the Arens Group, Inc. dated September 6, 2011, the estimated value for this property is $195,000. 513 of 521 CC/CDC-HA Agenda 2/7/2017 — Page 514 The following page(s) contain the backup material for Agenda Item: Staff presentation to the Community Development Commission -Housing Authority of the City of National City on a proposal from Keyser Marston Associates regarding the Morgan and Kimball Towers Rehabilitation and Recapitalization Project seeking further dire 514 of 521 CITY OF NATIONAL CITY. CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY COUNCIL AGENDA STATEMENT MEETING DATE: February 7, 2017 AGENDA ITEM NO. ITEM TITLE: Staff presentation to the Community Development Commission -Housing Authority of the City of National City on a proposal from Keyser Marston Associates regarding the Morgan and Kimball Towers Rehabilitation and Recapitalization Project seeking further direction from the Board of Commissioners in selecting an approach for the solicitation and evaluation of development teams and negotiation of development agreements necessary to initiate the Project. PREPARED BY: DEPARTMENT: Carlos Aguirre, Housing & Economic Dev. Mgr. PHONE: 619-336-4391 EXPLANATION: On December 6, 2016, the Community Development Commission -Housing Authority's Board of Commissioners directed staff to provide approaches to implement a Request for Proposal process that would incorporate a comparison of financial proposals for the Rehabilitation and Recapitalization of Morgan and Kimball Senior Towers ("Towers"). The Housing Authority has been working with Keyser Marston Associates (KMA) since May 2013 to model and evaluate financing structures for the Towers. Because of the extensive work KMA conducted on financial considerations for rehabilitating and recapitalizing Morgan and Kimball Towers, City staff requested a proposal from KMA that would compare approaches to further evaluate development teams. Upon the Board of Commissioners consideration of the approaches included in KMA's proposal, staff can return with a resolution requesting a new appropriation from the City's general fund for a consultant services contract with KMA that outlines the cost and scope of the approach selected. Housing & Economic FINANCIAL STATEMENT: ACCOUNT NO. nla ENVIRONMENTAL REVIEW: nla ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Provide direction on the approaches provided to solicit, evaluate, and select a development team. BOARD / COMMISSION RECOMMENDATION: nla ATTACHMENTS: 1. Keyser Marston Associates Proposal 515 of 521 ADVISORS IN: REAL ESTATE AFFORDABLE HOUSING ECONOMIC DEVELOPMENT SAN FRANCISCO A. JERRY KEYSER TIMOTHY C. KELLY KATE EARLE FUNK DI:BBIE M. KERN REED T. KAWAHARA DAVID DOI:ZEMA Attachment No. 1 KEYSER MARSTON ASSOCIATES, ADVISORS IN PUBLIC/PRIVATE REAL ESTATE DEVELOPMENT January 13, 2017 Mr. Alfredo Ybarra Director of Housing and Economic Development City of National City 140 East 12th Street, Suite B National City, CA 91950-4301 LOS ANOELES KATHLEEN H.FIEAD Re: Proposal for Consulting Services JAMES A. RABE GREGORY D. SOO-HDo Kimball and Morgan Towers — Request for Proposals KEVIN E. ENGSTROM JULIE L. RoSEY SAN DIEGO PAUL C. MARRA Dear Alfredo: This letter presents the Keyser Marston Associates, Inc. (KMA) proposal to assist the City of National City (City) in its efforts to select an affordable housing developer to refinance and renovate the Kimball and Morgan Towers. This letter outlines the KMA proposed approach, scope of services, and budget to assist the City with developer selection, financial analysis, and the negotiation process. I. BACKGROUND As we understand it, on March 24, 2016 the City issued a Request for Qualifications (RFQ) to affordable housing developers for the refinancing and renovation of two affordable senior developments, the 152-unit Kimball Tower and the 151-unit Morgan Tower (Project). The Project is located on D Avenue between Kimball Way and 15th Street. The City formed a Selection Committee made up of experienced professionals and community members to review, score, and interview the RFQ submissions. Based on cumulative scoring, the Selection Committee ranked the top five responses, and recommended the selection of Community HousingWorks and Mercy Housing as the developer for the Project. 555 WEST BEECH ST., SUITE 460 - SAN DIEGO, CALIFORNIA 92101 PHONE: 619 718 9500 - FAX: 619 718 9508 W W W.KEYSERMARSTON.COM 516 of 521 17004ndh 99900.000.003 Mr. Alfredo Ybarra, Director of Housing and Economic Development Attachment No. 1 January 13, 2017 City of National City Page 2 Developer Score 1) Community Housing Works and Mercy Housing California 83.4 2) Bridge Housing Corporation 3) Chelsea and Serving Seniors 4) National CORE and Reiner Communities 81.6 77.8 77.5 5) The RAHD, Affirmed Housing, Community Preservation 70.6 Partners, Thompson Consulting, and Casa Familiar Following the outcome of the RFQ process, the City received feedback from some of the respondents suggesting that the City issue a Request for Proposals (RFP) for a better understanding of each respondent's anticipated scope of work and financial proposal. To that end, the City has requested KMA's assistance in the potential issuance of an RFP, evaluating developer responses, preparing long term feasibility analyses, and providing guidance as to the structuring of the business arrangement between the City and the selected developer. II. KMA APPROACH As requested, this KMA proposal reflects three alternative developer solicitation approaches for consideration by the City: • Approach A: Proceed with recommended developer from RFQ process • Approach B: Issue an RFP to the five RFQ respondents based on an assumed range of renovation costs • Approach C: Commission a Capital Needs Assessment for the Project and issue an RFP to the five RFQ respondents Table 1, attached, outlines the key steps for each of the above approaches. III. SCOPE OF SERVICES Table 2 presents the KMA scope of services for the full range of services that may be required by the City depending on the selected approach. As shown, KMA's services have been categorized into three principal tasks as follows: 517 of 521 17004ndh 99900.000.003 Mr. Alfredo Ybarra, Director of Housing and Economic Development City of National City • Task #1 - Developer Solicitation • Task #2 - Developer Evaluation • Task #3 - Developer Negotiations IV. BUDGET Attachment No. 1 January 13, 2017 Page 3 The KMA budget for each approach is presented below. We proposed to provide these services on a time -and -materials basis subject to the attached hourly billing rates. Our budget estimate reflects the following allowances by task. Approach A Approach B Approach C Proceed with Recommended Developer from RFQ Issue Request For Proposals (RFP) Issue RFP with Capital Needs Assessment Task #1: Developer Solicitation $0 $15,000 $12,500 Task #2: Developer Evaluation $15,000 $25,000 $22,500 Task #3: Developer Negotiations $20,000 $20,000 $20,000 Total $35,000 $60,000 $55,000 * We look forward to the opportunity to work with you on this important effort. Please let us know if we can provide further clarification regarding our approach. Thank you. Sincerely, KEYSER MARSTON ASSOCIATES, INC. Paul C. Marra attachments 518 of 521 17004ndh 99900.000.003 Attachment No. 1 TABLE 1 KMA APPROACH KIMBALL AND MORGAN TOWERS RFP CITY OF NATIONAL CITY Approach A Approach B Approach C Proceed with Recommended Developer from RFQ Process Issue Request for Proposals (RFP) Issue Request for Proposals (RFP) w/Capital Needs Assessment Step 1: Enter into ENA with recommended Developer Formulate generalized low/high estimate for rehabilitation budgets for purposes of developer financial proposals Commission Capital Needs Assessment Step 2: Commission Capital Needs Assessment Prepare and issue RFP to five RFQ respondents Prepare and issue RFP to five RFQ respondents Step 3: Perform feasibility / pro forma analysis Review RFP responses / pro formas / finance plans Review RFP responses / pro formas / finance plans Step 4: Developer negotiations / identify business terms Interview developers Interview developers Step 5: Prepare documentation for Council consideration Select developer Select developer Step 6: ---- Commission Capital Needs Assessment Developer negotiations / identify business terms Step 7: ---- Developer negotiations / identify business terms Prepare documentation for Council consideration Step 8: ---- Prepare documentation for Council consideration ---- Approximate Duration: 6 - 8 months 10 - 12 months 10 - 12 months Prepared by Keyser Marston Associates, Inc. Filename is\National City_Kimball_Morgan_RFQ_P Approaches (002);1/13/2017;lag 519 of 521 Attachment No. 1 TABLE 2 KMA SCOPE OF WORK KIMBALL AND MORGAN TOWERS RFP CITY OF NATIONAL CITY • Task #1: Developer Solicitation A. Participate in teleconference with City to discuss primary goals and objectives for the Project. B. Review pertinent information related to Project including RFQ responses submitted by each developer C. Prepare draft RFP. RFP will specify project criteria, mininum financial terms, and timing of performnce. It will establish submittal requirements in terms of the affordable housing developer's financing approach, and financial proposal. D. Prepare a financial pro forma/cash flow template for inclusion within the RFP. • Task #2: Developer Evaluation A. Review RFP responses, including summary of deal structure and business terms proposed by each developer. B. Prepare written data requests itemizing missing data, inconsistencies in developer submittals, and/or need for clarification. C. Evaluate developers' financial pro formas and cash flow projections. D. Prepare independent financial models of each developer's proposal and identify any areas of difference in terms of developers' vs. KMA inputs and assumptions. E. Present KMA conclusions in a summary matrix comparing strengths and weakneses of each developer, accompanied by supporting technical exhibits. F. Participate in a meeting with City staff to present KMA conclusions. G. Recommend a list of finalist for further consideration and/or recommend City conduct interviewes with some or all proposers. F. Prepare interview questions and participate in developer interviews as needed. • Task #3: Developer Negotiations A. Prepare recommended business terms for the proposed partnership and/or agreement between the City and the selected developer. B. Participate in meetings and teleconferences with the City, the selected developer, and legal counsel to assist in negotiating the proposed partnership or agreeement. C. Correspond with selelcted developer to indentify any remaining areas of pro forma differences and obtain clarification or subtantiation from the developer. D. Review and analyze successive development concepts, financial pro formas, and potential deal terms under consideration by the City and the selected developer. Prepared by Keyser Marston Associates, Inc. Filename is\National City_Kimball_Morgan_RFQ_P App 520 of 521 '13/2017;Iag Attachment No. 1 KEYSER MARSTON ASSOCIATES, INC. HOURLY FEE SCHEDULE 2016/2017 A. JERRY KEYSER* $280.00 MANAGING PRINCIPALS* $280.00 SENIOR PRINCIPALS* $270.00 PRINCIPALS* $250.00 MANAGERS* $225.00 SENIOR ASSOCIATES $187.50 ASSOCIATES $167.50 SENIOR ANALYSTS $150.00 ANALYSTS $130.00 TECHNICAL STAFF $95.00 ADMINISTRATIVE STAFF $80.00 Directly related job expenses not included in the above rates are: auto mileage, parking, air fares, hotels and motels, meals, car rentals, taxies, telephone calls, delivery, electronic data processing, graphics and printing. Directly related job expenses will be billed at 110% of cost. Monthly billings for staff time and expenses incurred during the period will be payable within thirty (30) days of invoice date. * Rates for individuals in these categories will be increased by 50% for time spent in court testimony. 521 of 521 17004ndh 99900.000.003