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02-21-17 CC HA Agenda Packet - Corrected
AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY CALIFORNIA NATIONAL CI S INCORPORATED RON MORRISON Mayor 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 21, 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 437 CC/CDC-HA Agenda 2/21/2017 — 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 437 CC/CDC-HA Agenda 2/21/2017 — 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. Presentation and Update on Newly Deployed Heart Monitors/Defibrillators. (Fire) 2. City of National City Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2016. (Finance) City of National City's Single Audit Report on Federal Awards for the Fiscal Year Ended June 30, 2016. (Finance) INTERVIEWS / APPOINTMENTS 4. Interviews and Appointments: Community and Police Relations Commission. (City Clerk) CONSENT CALENDAR 5. 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) 6. Resolution of the City Council of the City of National City authorizing the Mayor to execute a First Amendment to the Agreement with Air Quality Compliance Solutions, Inc., DBA; Rely Environmental, for on -call environmental compliance management services, increasing the not -to - exceed amount of the Agreement by $50,000, for a total Agreement amount of $100,000, and extending the expiration date of the Agreement to June 30, 2018. (Engineering/Public Works) 3 of 437 CC/CDC-HA Agenda 2/21/2017 — Page 4 7 Resolution of the City Council of the City of National City authorizing the Mayor to execute a software maintenance agreement with Cohero in the total not -to -exceed amount of $107,120 to support the Northrop Grumman Law Enforcement Records Management System. (MIS) Resolution of the City Council of the City of National City, 1) authorizing the Mayor to execute Program Supplement Agreement No. P036 with the State of California Department of Transportation (Caltrans) for the Sweetwater River Bikeway Project to allow for reimbursement of up to $25,000 in eligible project expenditures through the Active Transportation Program (ATP), and 2) establishing appropriation of revenues and expenditures (no local match required). (Enqineering/Public Works) 9. Resolution of the City Council of the City of National City granting a Quitclaim Deed for an easement to Thrifty Oil Company on a parcel of land due to the previous abandonment of a sewer main (A.P.N. 570 020 46 00). (Engineering/Public Works) 10. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with EnSafe, Inc. (who recently acquired E2 ManageTech, Inc.) in the amount of $115,000 to assist staff with obtaining regulatory approvals and implementation of the Property Mitigation Plan for environmental remediation of the Westside Infill Transit Oriented Development (WI-TOD) Project site located at 2100 and 2020 Hoover Avenue, and future Park site development located on the west side of Paradise Creek, pursuant to the City's obligation to the former redevelopment agency to carry out the Disposition and Development Agreement by and between the Community Development Commission of the City of National City and Paradise Creek Housing Partners, LP (Engineering/Public Works) 11. 2016 Annual Progress Report on the implementation of the Housing Element of the General Plan pursuant to California Government Code Section 65400(a)(2). (Planning) 12. Investment Report for the quarter ended December 31, 2016. (Finance) 13. Warrant Register #25 for the period of 12/14/16 through 12/20/16 in the amount of $1,977,749.29. (Finance) 14. Warrant Register #26 for the period of 12/21/16 through 12/27/16 in the amount of $0.00. (Finance) 15. Warrant Register #27 for the period of 12/28/16 through 01/03/17 in the amount of $2,316,190.53. (Finance) PUBLIC HEARINGS 4 of 437 CC/CDC-HA Agenda 2/21/2017 — Page 5 ORDINANCES FOR INTRODUCTION ORDINANCES FOR ADOPTION 16. An Ordinance of the City Council of the City of National City establishing the Compensation of the Mayor and the City Council. (City Attorney) 17. An Ordinance of the City Council of the City of National City amendinq 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) NON CONSENT RESOLUTIONS 18. Resolution of the City Council of the City of National City approving a 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) (Planning) 19. Resolution of the City Council of the City of National City approving a 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) 20. Resolution of the City Council of the City of National City authorizing various Fiscal Year 2017 Mid -Year Budget Adjustments (Finance). NEW BUSINESS 21. Notice of Decision — Planning Commission approval of a Conditional Use Permit for a Wireless Communications Facility at 2735 East 7th Street. (Applicant: Verizon Wireless) (Case File 2016-13 CUP) (Planning) 22. Temporary Use Permit — Inflatable World hosted by Inflatable World Corporation at Westfield Plaza Bonita Mall from March 4, 2017 thru August 27, 2017 with no waiver of fees. (Neighborhood Services Department) 23. Temporary Use Permit — "Ragnar Relay SoCal 2017" running relay race sponsored by Ragnar Events LLC in partnership with the Orange County Child Abuse Prevention Center on April 8, 2017 from 8 a.m. to 6 p.m. with no waiver of fees. (Neighborhood Services Department) 24. Temporary Use Permit — National City International Mariachi Festival sponsored by the National City Chamber of Commerce at Pepper Park on March 12, 2017. Applicant is requesting a waiver of Fire Department and Police Department fees. (Neighborhood Services Department) 5 of 437 CC/CDC-HA Agenda 2/21/2017 — Page 6 25. Discussion of establishing City Council policies governing the following matters: (a) the order in which agenda items are placed on the City Council agenda; (b) the manner in which councilmember initiated items are agendized. (City Manager) 26. Discussion of San Diego Association of Governments' (SANDAG) Revenue Forecast associated with the November, 2016 Ballot Measure "A" - San Diego County Transportation and Environment Sales Tax. (City Manager) B. COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY PUBLIC HEARINGS- HOUSING AUTHORITY CONSENT RESOLUTIONS- HOUSING AUTHORITY NON CONSENT RESOLUTIONS- HOUSING AUTHORITY NEW BUSINESS- HOUSING AUTHORITY C. REPORTS STAFF REPORTS MAYOR AND CITY COUNCIL 27. Discussion of City Council Resolution No. 2017-16, a "Resolution of the City Council of the City of National City in Support of Continuing to be a Community that Supports all Residents and Visitors", adopted on February 7, 2016. (Councilmember Rios) CLOSED SESSION REPORT ADJOURNMENT Adjourned Regular Meeting of the City Council/Community Development - Housing Authority of the City of National City - Budget Workshop - Tuesday, February 28, 2017 - 4:00 p.m. - Council Chambers - National City, California Regular Meeting of the City Council/Community Development - Housing Authority of the City of National City - Tuesday, March 7, 2017 - 6:00 p.m. - Council Chambers - National City, California 6 of 437 CC/CDC-HA Agenda 2/21/2017 — Page 7 The following page(s) contain the backup material for Agenda Item: Presentation and Update on Newly Deployed Heart Monitors/Defibrillators. (Fire) 7 of 437 Item # 02/21/17 PRESENTATION AND UPDATE ON NEWLY DEPLOYED HEART MONITORS/DEFIBRILLATORS (FIRE) 8 of 437 ZOLLI X SERIES® MONITOR/DEFIBRILLATOR 9 of 437 MCN FP 1502 ZOLL X Series Xtremely Small, Light, and Powerful Because these days ■ Medics carry more than ever • CPR is a focus for cardiac arrest ■ Time -to -balloon is a key performance indicator ■ Medic charting should be simpler MCN EP 1502 0083 10 of 437 Because Medics Carry More The X Series is . . • Up to two times lighter than other popular monitors • The most compact, best -equipped monitor • Tested to meet the most demanding durability standards MCN EP 1=r:i"' CO3a 11 of 437 Most Compact, Best Equipped Best -in -Class Modalities • Masimoe rainbow( SET Sp02, Sp , SpMet, SpHb, SpOC • Oridion Microstream® Et C 2 • Welch ,Allyn NIBP with Smartcufe and ureBP' Capabilities ■ Up to 4 on -screen traces • Pediatric and Neonate auto - configure settings • 3 invasive pressures • 2 temperatures II IIIIIIIIIIIIIIIIIIIII!° At 11,7 lbs. (5.3 kg.), a fully equipped X Series with battery and AC power is 42% lighter and 66% smaller than a comparably featured LIFEPAK 15. Smartcuf and SureBP are registered trademarks of Welch Allyn. Masimo, Rainbow, SET, SpCO, SpMet, SpHb, and SpOC are trademarks or registered trademarks of Masimo Corporation. Microstream is; Idemark of Oridion Medical 1987 Ltd. 12 of 437 MCN EP 1502 0083 The Right View Simplifies Care IVIG12D11 O 4A I AOILT 'r I' tl, II 1 er,Ymv i1 12 Ei 15 80 121 (96) 79 �000323 HR tipn, MBP ino E CO2 •nn•in Sp02 `70 38 971 IlR BpCO 1 Basic View *44610 T. AMA 1.1 00:117:43 611 Q_ w V O vs 121 79 (96) •w w M y 12 MA ges STEMI View Monitoring View 1110 00:05:07 162 Resuscitation View 13 of 437 MON EP 1 i2 00E3 CPR Is a Major Focus 'Bobrow et al. Annals of Emergency Medicine. 2013:62:47-46 Cheskes et al. Circulation. 2011;124:58-66. High -quality CPR because . ■ It is proven to save more lives as part of a system of caret ■ Reducing pre -shock pauses improves outcomes2 ■ Not everyone who works a code is an experienced responder ■ Even the best rescuers get tired MCN EP 1502 0083 14 of 437 Real CPR Help CPR DASHBOARD - Rapid Visual Assessment CPR CPR Time 1 A8 Depth (in.) Rate (cpm) Release A dedicated dashboard on your monitor providing real-time feedback on CPR quality Integrates depth, rate, release, and pause time into a concise visual indication of CPR quality ZOLL. Advancing �Resuaclf Iron. Today.' Y Scripps 15 of 437 ZOLL Advancing Resuscitation. Today.' See-Thru CPR CPR artifact is filtered so clinicians can discern the presence of organized rhythms while performing chest compressions fj,1 Scripps 16 of 437 Continuous Quality Improvement Shock Summary Depth (in) • 1 2.0 0.0 Compression Quality .1•11MI II Eli Rate (cpm) 1 Advancing Restiacitadon. Today." 1 .06 Scripps Send 12-Leads Anywhere Open Architecture Maximizes STEMI Options • Open architecture means medics can transmit 12-lead EGGS into all leading STEMI or cardiology management systems. • Medics can transport STEMI patients to the closest cath lab. The choice is no longer limited by compatibility with a hospital's 12-lead system. 12- I =I Li feNet ZOLI Online • • 4 • Internet Encrypted Transmission 0 • • Wi Fi Blueioo h • s • • • • • • • • • • USB 18 of 437 MCN EP 1502 0083 CC/CDC-HA Agenda 2/21/2017 — Page 20 The following page(s) contain the backup material for Agenda Item: City of National City Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2016. (Finance) 20 of 437 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 21, 2017 AGENDA ITEM NO. ITEM TITLE: City of National City Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2016. PREPARED BY: Javier Carcamo, Financial Services Officer DEPARTMENT: Finance PHONE: (619) 336-4331 APPROVED BY: Li've,244 ,. EXPLANATION: Transmitted herewith is the City of National City's Comprehensive Annual Financial Report for the fiscal year ended June 30, 2016, prepared by the City's external auditors, The Pun Group, LLP. The report includes all agencies under the control of the City Council, as well as the Successor Agency to the Community Development Commission as the National City Redevelopment Agency. The auditors have conducted their examination of the financial statements in accordance with generally accepted auditing standards and expressed an unmodified ("clean") opinion of those statements. FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: `�/�/Q4 ,ea, Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Accept and file the City of National City Comprehensive Annual Financial Report for the Fiscal Year ended June 30, 2016. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: The Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2016 is available on the City's website. Hard copies are available in the City Clerk's Office and the City Library. 21 of 437 CC/CDC-HA Agenda 2/21/2017 — Page 22 The following page(s) contain the backup material for Agenda Item: City of National City's Single Audit Report on Federal Awards for the Fiscal Year Ended June 30, 2016. (Finance) 22 of 437 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 21, 2017 AGENDA ITEM NO. ITEM TITLE: City of National City Single Audit Report on Federal Awards for the Fiscal Year Ended June 30, 2016. PREPARED BY: Javier Carcamo, Financial Services Officer DEPARTMENT: Finance PHONE: (619) 336-4331 APPROVED BY: L //<t4 /eGZC EXPLANATION: Transmitted herewith is the City of National City's Single Audit Report on Federal Awards for the fiscal year ended June 30, 2016, prepared by the City's external auditors, The Pun Group, LLP The report includes all agencies under the control of the City Council. The auditors have conducted their examination of the financial statements in accordance with generally accepted auditing standards and expressed an unmodified ("clean") opinion of those statements. FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: W/,v1. Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Accept and file the City of National City Single Audit Report on Federal Awards for the Fiscal Year ended June 30, 2016. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: The Single Audit Report on Federal Awards for the Fiscal Year Ended June 30, 2016 is available on the City's website. Hard copies are available in the City Clerk's Office and the City Library. 23 of 437 CC/CDC-HA Agenda 2/21/2017 — Page 24 The following page(s) contain the backup material for Agenda Item: Interviews and Appointments: Community and Police Relations Commission. (City Clerk) 24 of 437 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 21, 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 CI rk APPROVED BY: 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 five applicants. All have been interviewed. Name Interviewed Gilbert Garcia Yes Victor Gonzalez Yes Lance Mirkin Yes Coyote Moon Yes Candy Morales Yes 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 25 of 437 CITY OF NATIONAL C1TY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Civil Service Commission Planning Commission v- Community & Police Relations Commission* (CPRC) _ Public Art Committee* _ Library Board of Trustees ` , Traffic Safety Committee y Parks, Recreation & Senior Citizens Advisory Board Port Commission Note: Applicants must be residents of the City of National City except for those marked by kin* Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment." Name: GI tke2ilo ckNc pl GY'ractel Home Address: ' D it k a 71 J A-'j G Tel. No.: (19 - 9 6 a -• 8 ') (&) �t ct - Lkl7- 1149 ( H) Business Affiliation: ta.rz Title: Business Address: \A o-rp Tel. No.: Length of Residence in National City: Cz>ci Lt as San Diego County: C,9 y s kCalifomia: (9 7 o S Educational Background: 13 D y S a ti�'i., ,u1 i t 4 rz1\1 6% L1 rz� Occupational Experience: Cent,c (AI It— ) ey Jv�9[n Js iH i- )`��-. USPS- �]-Aai i Professional or Technical Organization Memberships: ", e st4 brIAD, s Civic or Community Experience, Membership, or Previous Public Service Appointments: Q • ftr , t (k>Fe-ty - (Ids Experience or Special Knowledge Pertaining to Area of Interest \-:. ccce i ip er)..r eN c Have you ever been convicted of a felony crime? No:Yes: misdemeanor crime? No: Yes: !f any, convictions wa Q expunged disclosure la 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: \ n.O1 It Signature: I�. Lr(&.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, Wattonal City, CA 91950 Thank you for your interest in serving the City of National City. " Residency requirements may not apply Tiils documents is tiled as a public document RECEIVED NOV 17 2016 Office of the City Clerk City of National City Revised: March 2012 26 of 437 Supplemental Application: National Citv 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 resutt in disqualification. If a conviction has been expunged disclosure is not required. Have you ever been convicted of a felony crime: No: Yes: Have you been convicted of a misdemeanor: No: . Yes: If any convictions were expunged disclosure is not required. Please feel free to provide an explanation or Information regarding yes answers to the above two questions. There may be circumstances that could disqualify an applicant from the background process beyond the listed crimes below. Each incident is evaluated in terms of the circumstances and facts surrounding its occurrence and its degree of relevance to the position. Disqualifying criteria for Community and Police Relations Commissioner: " See attached table 27 of 437 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Community & Police Relations Commission* (CPRC) Library Board of Trustees Parks, Recreation & Senior Citizens Advisory Board Civil Service Commission Planning Commission Public Art Committee" Traffic Safety Committee Port Commission Note: Applicants must be residents of the City of National City except for those marked by an * Applicants for the Community and Police Relations Commission must pass a criminal �background check prior to appointment. Name: C-;.VZeiLEZ Home Address: /egg 7 / ST p,W4 1Zak Tel. No.: 4/9 346"7' T5.36 Business Affiliation: ram, ,.r,PR f7' Re- r 7 / ,5 444z / Title: crdNer1/4_ Business Address: /,' / f�TG/5'4d yy.v /J , C . / 95ii Tel. No.: 4,/9 '� ? -'/ Length of Residence in National City: San Diego County: California: Educational Background: Soc.frh l43e-S Cp[-Z--E61z' — )q - A-T=, aic- c. MZ-re/L f1 cAbe.0y Occupational Experience: Pb"-(.TENG.e- 2N a/A Lott) ENS R c ei1(wl i i I% Professional or Technical Organization Memberships: A/A17-z5A/4L C_Z7y CJblA1$ RR off' Camrrf FR- a re- — &Di Rb A4F 1N$ / ►Z Civic or Community Experience, Membership, or Previous Public Service Appointments: Sk- Experience or Special Knowledge rtaining to Area�of Interest: mow! KNOtJ1-17)‘5e ENT Ps e lEsi $)i ALIA ea NrrturvV.-Ty Pvy. Atesb yR Have you ever been convicted of a felony crime? No:,, Yes:_ misdemeanor crime? No:y Yes: If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes 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 28 of 437 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: v Have you been convicted of a misdemeanor: No: Yes: If any convictions were expunged disclosure is not required. Y 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 29 of 437 &Petal:Wilton, fit tts (3Ai tthrfeita-eardtirrVileR Noto mate oltctblrroddente of the cf ?tor.I Clirozept for these by slier 40110045 tor the carom* and pogr,4 Row* .irtomm1s iar i tfusat posea erltrtnei beakground -*tarok prior to Appointment pointment. HUMS AdditIV.114.,1 , L.s Tell, No.t -1-1W Bottles& kiti eet: Length Of Ratttdarc in National City:, Modtlr* tpad' y . 5 4 aoitaea nitl ' nee; i •. Professional or leohntc I Or a Tel, No.: Bon Diego County: , T California: 0.14,4_-- on llletberstdppa; Civ1C..Cr Co amuttity ExPedenCe, litiOroborship, orprevtays Public Service A ppo jj eg 4t=`s t t'ki'iOwti fgo Porttignsi t0 of Inforeet mere Hhiet you ever been c:oilvtoted of e-felony crime? No Yt :. rnIod d any cortvle a Were: expunged �4r of ho t atilt' : x�u dluolctit+a to not rectula Cocnrtotiot o: raaaega`Iiy li.be&O tie fr+oe to ptovIcit+ an oxplarlaun ee information ra ardl q� r •ploaae feel foaa to provide • • ,� ontrt Inforrnation or II'ttore of en ' rt .. Pleats tettlni completed form to: O of the City Clark 1?13 Nationel City-1.h►t , ilittlowt1 CityyOA. 8'1BSO •Thhgnkyou for youririterest in trarviriaibeelty of Notarial tfty. i'lketkisecyrOVairPelibs .0t 114* Our % Ead at a Natiodounent hoiket Deortoborotia 30 of 437 '.8poems. i - ttimmigOin The NatiOat City a... Unityand PUilsevRe eiio>l COrshIIssiori serves 415 set Iridepstrdett % aed onalinportiat offloe that Is rally °voluble to the.publi% It.is en organization for the Improvement of ponce andocuarnunity relations and the fauitatiOn•of dfsputas nev r O ble. tt,,provideo a'totem for chloral ID Woe their dery t ,runt entabout:p�oe++il .conduct p end. polioand. inVrcVaScarranunioeiSon tetetten Offitana and the *Lwow GI4+ Po1ke Dopt ismont .. N8tibntg qv, communtirmarbitoRey0orwOomptipstooempar enoti-to,rsee rowlew carnpiairt mgarcting.Notohal-CItyPolde•DAportolunt PatcantBItir elletle4 robtoonciuttiand'to somood a` ta.ditio c anr'Pokl pai#rnbntpaliootei; and ptQoedUras loom the gdale-:ef ending ttagh� Operate* Vat higher e18ndarci df compoloilpyv .eificiertY and • juke in the 'I V s1op.of-oomrnunIty:polic;irtp $eNtdes. -Applicants must bapornpielety forthrightlind t it fu1•during the eppllca#bn gooaaai AppUaants mad+ be disqualified In the hadFtirouottlitopoie sea diShonosty andtor pligposelY Otnitt$id triforrnatIon reithadirig ones crl n 3 toryk •Glvery thecomp i bftblsCbmrnfsston-andtts dutIes, Its Orri rr;ary to pale; a.t mtlnarbitdtgrbiUrid OX t3rtptt4 ap. • !Me**t Outleii Snifterting in es OolnleissioneG Upon t11one app*itment Vie Human J> eaot OIRI0piu ner.f cfontoot you o schedule the c mina! baQkground preoe; whert, end if..epprOpriate. • It.is important iu rate thatyou llituit-thleappilcatio tornpietafy anti Iyoneeth+ td the Wet of eblUties. Iiivre tc dlsbloeyour ofirntriai history may►'M t In-disquallfloalion. If a eorivlotion Fag .baeni expta 0ed dlsoiosure is ro;regutrad. Have y{u;eVet'pebn.cornrlcted.of a Telony a e: lo:, Yea; live you bosh coriNloted bf.a�misderneanort-Ho: Yes: it any oonvjctions wets expunpsd Iisplpatjro' I o ulred: Please fret:free to provide on explanation.ar-informaeon regading yes answers to the above two questions, There may be otrotiotatanSes:thr i;pciild dlsgr lft r:e 1 appliourditt l.the bac'kgund eroies°.bey tip II;tecl 'below: each incident is evacuated Irt Wm!, ot•ths cirvcu rnstancep en d fepta euhvaridlnq'1ts acglurrenO.tr►d tta:degr of-r vence to fie position. Dletlualifyinq criteria foi^•Commu ► and Palm Relations Comrritssiorten Sid table' 31 of 437 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT 7.0vii.service TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Commission !✓planning Commission _ Community & Police Relations Commission* (CPRC) v ubiic Art Committee* i/�,.ibrary Board of Trustees /Traffic Safety Committee Parks, Recreation•& Senior Citizens Advisory Board Note: ,Applicants must be residents of the City of National City except for those marked by an'` Applicants for the Community and Police Relations Commission must pass a criminal background check prior tp•appointment. Name: 7,6 0* Q(3n Home Address: 2 tl 9 //L7 % St" Business Affiliation: la Business Address: Length of Residence in National City: Educational Background: i- 4 Title: Tel. No.: ‘I9 5 T T /$ ff San Diego County: /4'/ Tel. No.: Y6aifomia: Occupational Experience: EPeri l / o imahQ C Professional or Technical Organization Memberships: /�q Civic or Community Experience, Membership, or Previous Public Service Appointments: / re(9'.- 2_6" r Experience or Special Knowledge Pertaining to Area of Interest: Have you ever been convicted of a felony crime? No JL Yes: misdemeanor crime? No' Yee: If any convictions were expunged disclosure is not required. Convictions are riot necessarily • disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions. Date: /6 Signature: Pi •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 91960 Thank you for your Interest in serving the City of National City. Residency requirements may not apply This documents is fiiedras a public document Revised: December 2015 32 of 437 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: Yes: If any convictions were expunged disclosure is not required. Please feel free to provide an explanation or information regarding yes answers to the above two q uestions. There may be circumstances that could disqualify an applicant from the background process beyond the listed crimes below. Each incident is evaluated in terms of the circumstances and facts surrounding Its occurrence and its degree of relevance to the position. Disqualifying criteria for Community and Police Relations Commissioner: ** See attached table 33 of 437 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES _ Civil Service Commission Planning Commission Azt ommunity & Police Relations Commission` (CPRC) Public Art Committee" Library Board of Trustees Traffic Safety Committee Parks, Recreation & Senior Citizens Advisory Board sort 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: @Ands r'1leS Home Address: 27 ¢ •lC�h)f' [� j(�(1(1l C1�Vj Citirq tq50Tel, No.: 01Q-322 3510 Business Affiliation: r OP ,Pan Die (J Titlelkkeelisife tervicES 411,er GYM 14-c rt 5Ci1eiecS Business Address:n i iin Ci21 COU>r+- Tel. No.: tolq-70 54e9 Length of Residence in National City: iyerxr San Diego County:fl) % SCalifornia: 0 GtY6 y Educational Background: Ma' a c-)060,1 j (1451A) U Occupational Experience: —23 `-n C Professional or Technical Organization Memberships: 5 1U Weal 221 tAernbe i Y1 Civic or Community Experience, Membership, or Previous Public Service Appointments: LIT enence or Special Knowledge ertaining to Area o'r lntere : Have you ever been convicted of a felony crime? No: / es:misdemeanor crime? No:4s:_ If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions. Date: \2.4\V iiQ Signatures Please feel free to provide additionaTinformation 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 10 2017 Office of the Ctty Clerk NationaiOty Revised: arch 2012 34 of 437 Supplemental Application: National Gity 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-ci to receive end 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 communliy 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. ft 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: or, No: Have you been convicted of a misdemeanNo: Yes: ( 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 circumstanoes 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 0U 35 of 437 Candy P, Morales, MSW, ACSW EDUCATION 827 C Avenue, National City, CA 91950 (619) 322-3510 candym orales91950@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 (HHSA) 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— MSW 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 1LS 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 Pol inky 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 ILS events). 44 36 of 437 Candy P. Morales, MSW, ACSW 827 C Avenue, National City, CA 91950 (619) 322-3510 candymorales91950@gmail.com Family Health Centers of San Diego (FHCSD) — 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 February 2005 — September 2010 May 2009 — August 2010 June 2008 — August 2010 February 2008 — March 2008 August 2006 — August 2009 July 2006 — July 2009 37 of 437 CC/CDC-HA Agenda 2/21/2017 — Page 38 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) 38 of 437 Item # 02/21/17 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) 39 of 437 CC/CDC-HA Agenda 2/21/2017 — Page 40 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Mayor to execute a First Amendment to the Agreement with Air Quality Compliance Solutions, Inc., DBA; Rely Environmental, for on -call environmental compliance management services, 40 of 437 CITY OF NATIONAL CITY, CALIFORNIA '' !jNCIL AGENDA STATEMENT MEETING DATE: February 21, 2017 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a First Amendment to the Agreement with Air Quality Compliance Solutions, Inc., DBA; Rely Environmental, for on -call environmental compliance management services, increasing the not -to -exceed amount of the Agreement by $50,000, for a total Agreement amount of $100,000, and extending the expiration date of the Agreement to June 30, 2018. PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION See attached. FINANCIAL STATEMENT: ACCOUNT NO. DEPARTMENT Engineering/Public Works APPROVED BY: APPROVED: APPROVED: Finance MIS Funds appropriated in account # 001-416-029-299-0000 (Engineering/Public Works Contract Services) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt resolution executing a First Amendment to the Agreement with Rely Environmental. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENT,, 1. Explanation 2. First Amendment to Agreement 3. Resolution 41 of 437 Explanation: On July 1, 2015, the City of National City entered into an Agreement with Air Quality Compliance Solutions, Inc., DBA; Rely Environmental, to provide on -call environmental compliance management services involving water quality, air quality, hazardous materials, and occupational health and safety. The Agreement, which was executed by the City Manager, is for a not -to -exceed amount of $50,000 and a term of two years, with the option to extend for an additional period of up to one year. Additional funds are needed to allow Rely Environmental to continue providing environmental compliance management services for the City. Based on Rely Environmental's performance and quality of work, staff recommends increasing the not - to -exceed amount by $50,000, for a total Agreement amount of $100,000, and extending the expiration date of the Agreement to June 30, 2018 Funds are appropriated in Engineering/Public Works Contract Services account. 42 of 437 FIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND AIR QUALITY COMPLIANCE SOLUTIONS, INC., DBA; RELY ENVIRONMENTAL This First Amendment to the Agreement is entered into this 21st day of February, 2017 by and between the City of National City, a municipal corporation ("CITY"), and Air Quality Compliance Solutions, Inc., DBA; Rely Environmental, a California corporation (the "CONSULTANT"). RECITALS WHEREAS, The CITY and the CONSULTANT entered into an Agreement on July 1, 2015, ("the Agreement"), wherein the CONSULTANT agreed to provide on -call environmental compliance management services involving water quality, air quality, hazardous materials, and occupational health and safety; WHEREAS, the Agreement, which was executed by the City Manager, has a not -to - exceed amount of $50,000; WHEREAS, the Agreement is set to expire on June 30, 2017, with the option to extend for an additional period of up to one year, through June 30, 2018; WHEREAS, based on the CONSULTANT'S performance and quality of work, the CITY desires to have the CONSULTANT continue providing environmental compliance management services for the CITY, and the CONSULTANT is willing to perform such services; therefore, the parties desire to increase the not -to -exceed amount by $50,000, for a total Agreement amount of $100,000, and to extend the expiration date of the Agreement to June 30, 2018. NOW, THEREFORE, THE PARTIES HERETO AGREE that the Agreement entered into on July 1, 2015, shall be amended as follows: 1. Increase the not -to -exceed amount by $50,000, for a total Agreement amount of $100,000. 2. Extend the expiration date of the Agreement to June 30, 2018. THE PARTIES FURTHER AGREE that with the foregoing exceptions, each and every term and provision of the Agreement dated July 1, 2015, shall remain in full force and effect. <signatures on next page> 43 of 437 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 AIR QUA ITY COMPLIANCE SOLUTIONS, INC., DB#;,REhY ENVIRONMENTAL By: By: Ron Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney By: Scott Storms President Edith Lederman Vice President 44 of 437 RESOLUTION NO. 2017 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH AIR QUALITY COMPLIANCE SOLUTIONS, INC., DBA RELY ENVIRONMENTAL, FOR ON -CALL ENVIRONMENTAL COMPLIANCE MANAGEMENT SERVICES, EXTENDING THE TERM OF THE AGREEMENT TO JUNE 30, 2018, AND INCREASING THE NOT -TO -EXCEED AMOUNT BY $50,000, FOR A TOTAL AGREEMENT AMOUNT OF $100,000 WHEREAS, on July 1, 2015, the City Manager executed a two-year Agreement in the amount of $50,000 with Air Quality Compliance Solutions, Inc., DBA Rely Environmental, to provide on -call environmental compliance management services involving water quality, air quality, hazardous materials, and occupational health and safety, with the option to extend for an additional period of up to one year. WHEREAS, to continue providing environmental compliance management services past the Agreement expiration date of June 30, 2017, the City desires to exercise the option to extend for one additional year by entering into a First Amendment to the Agreement to extend the term to June 30, 2018, and increase the not -to -exceed amount by $50,000, for a total Agreement amount of $100,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the First Amendment to the Agreement with Air Quality Compliance Solutions, Inc., DBA Rely Environmental Compliance Solutions, Inc., to extend the term for one year, expiring on June 30, 2018, and increasing the not to exceed amount by $50,000, for a total Agreement amount of $100,000 to provide on -call environmental compliance management services. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 21st day of February, 2017. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Ron Morrison, Mayor 45 of 437 CC/CDC-HA Agenda 2/21/2017 — Page 46 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Mayor to execute a software maintenance agreement with Cohero in the total not -to -exceed amount of $107,120 to support the Northrop Grumman Law Enforcement Records Management Syst 46 of 437 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 21, 2017 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a software maintenance agreement with Cohero in the total not -to -exceed amount of $107,120 to support the Northrop Grumman Law Enforcement Records Management System. PREPARED BY: Ron Williams DEPARTMENT: PHONE: 619-336-4373 APPROVED BY - EXPLANATION: The Law Enforcement Records Management System (RMS) provides National City Police Department with real-time electronic records related to crime and arrest reports. The RMS data is processed and uploaded to the San Diego Area Regional Justice Information System (ARJIS). Cohero has provided software maintenance and support for the system for the past year. With the agreement set to expire on February 28, 2017, staff seeks to enter into a new one year agreement with the option to extend in one year increments, up to a total of four years. FINANCIAL STATEMENT: ACCOUNT NO. 629-417-082-281-0000 APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project, and therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Staff recommends Council award the contract to Cohero. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Attachment 1: Contract 47 of 437 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND COHERO THIS AGREEMENT is entered into on this 21 st day of February, 2017, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and COHERO, a California corporation (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide support for existing Northrop Grumman RMS, AFR, Revision Manager, Think and ARJIS interfaces, applications and modules. WHEREAS, the CITY has determined that the CONTRACTOR is a public safety technology provider and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, TIIE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY agrees to engage the CONTRACTOR, and the CONTRACTOR agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services shall be performed directly by the CONTRACTOR or ceder direct supervision of the CONTRACTOR. 2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on March 1, 2017. The duration of this Agreement is for one year, the period of March 1, 2017 through February 28, 2018. Completion dates or time durations for specific portions of the project are set forth in Exhibit "A". This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one (1) year term. The Parties may exercise up to three one-year extensions. Any extension of this Agreement must be approved in writing by the City Manager. 3. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit "A". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings specified in Exhibit "A" to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 2017 Service Agreement City of National City and Cohero 48 of 437 4. PROJECT COORDINATION AND SUPERVISION. Ron Williams hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Brad Laabs thereby is designated as the Project Director for the CONTRACTOR. 5. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on quarterly billings. Where any pre -authorized time and material efforts are completed, billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed $107,120.00. Quarterly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 6. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONTRACTOR and the CITY cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR in this Agreement, the CITY or the CON TRACTOR shall give to the other written notice. Within ten (10) business days, the CONTRACTOR and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONTRACTOR exclusively for the City and this project, whether paper or electronic, shall become the property of the CITY for use with respect to this project, and shall be turned over to the CITY upon completion of the project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY, and CONTRACTOR thereby expressly waives and disclaims any copyright in, and the right to reproduce, al] written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONTRACTOR'S written work product for the CITY'S purposes, and the CONTRACTOR expressly waives and disclaims any 2017 Service Agreement Page 2 of 10 City of National City and Cohen) 49 of 437 residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of Services of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or SUBCONTRACTORS, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement_ All agreements by CONTRACTOR with its SUBCONTRACTOR(S) shall require the SUBCONTRACTOR(S) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR'S employees, except as herein set forth, and the CONTRACTOR or the CONTRACTOR'S agents, servants, or employees arc not in any manner agents, servants, or employees of the CITY, it being understood that the CONTRACTOR its agents, servants, and employees are as to the CITY wholly independent CONTRACTOR, and that the CONTRACTOR'S obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR and each of its SUBCONTRACTOR(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. Standard Agreement Page 3 of 10 City of National City Revised December 2016 and Cohere. 50 of 437 12. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of"the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR'S professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the Standard Agreement Page 4 of 10 City of National City Revised December 2016 and Cohero 51 of 437 CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. LNDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR'S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers, employees or volunteers. CITY will cooperate reasonably in the defense of any action, and CONTRACTOR shall employ competent counsel, reasonably acceptable to the City Attorney. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 16. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, employees, and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 17. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONTRACTOR(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following checked insurance policies: A. ❑ If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. Standard Agrcemcnt Page 5 of 10 City of National City Revisal December 2016 and Cohero 52 of 437 C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CJTY 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". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CJTY. Said endorsement shall be provided prior to commencement of work under this Agreement. IfCOPTI'IUCTOR has ::o employees subject to the California Workers' Compensation and Labor laws, CONTRACTOR shall execute a Declaration to that effect. Said Declaration shall be provided to CONTRACTOR by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. Insurance shall be written with only California admitted companies that hold a current policy holder's alphabetic and financial size category rating of not less than A:VII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. H. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. I. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not Standard Agreement Page 6 of 10 City of National City Revised December 2016 and Cohan 53 of 437 be considered iri determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: Standard Agreement Page 7 of 10 City of National City Revised December 2016 and Cohero 54 of 437 To CITY: Ron Williams IT Manager MIS City of National City 1243 National City Boulevard National City, CA 91950-4397 To CONTRACTOR: Bard Laabs President/Chief Architect Cohero 3912 Georgia Street San Diego, CA 92103 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any fmancial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. [] If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the CONTRACTOR. 22. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. Contractor is solely responsible to determine if State prevailing wage rates Standard Agreement Page 8 of 10 City of National City - Revised December 2016 and Cohcro 55 of 437 apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits,schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Subcontractors or Subcontractors. The CITY is engaging the services of the CONTRACTOR identified in this Agreement. The CONTRACTOR shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the CITY in writing. In the event any portion of the work under this Agreement is subcontracted, the subcontractor(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 17 and the indemnification and hold harmless provision of Section 15 of this Agreement. Standard Agreement Page 9 of 10 City of National City Revised December 2016 and Cohero 56 of 437 M. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such parry's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. N. Force Majeure. Neither party is liable for delays or lack of performance resulting from any causes beyond the reasonable control of a party including acts of God or the public enemy, war, riot, civil commotion, insurrection, government or de facto governmental action (unless caused by the intentionally wrongful acts or omissions of the party), fires, explosions or floods, strikes, slowdowns or work stoppages any of which event(s) directly impact the CONTRACTOR'S operations in the CITY. O. Severability. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held to be contrary to the law or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of the Agreement. However, upon the occurrence of such event, either party may terminate this Agreement by giving the other party sixty (60) days written notice. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor COIIERO (Cwppuralion —signatures of rwo corporate officers regained) 4.11 ame) Bard Laabs (Print) President APPROVED AS TO FORM: (Title) George H. Eiser, III Interim City Attorney By: Standard Agreement Page 10 of 10 Revised December 2016 and Cohere (Name) David Greenberg (Print) Vice President (Title) City of National City 57 of 437 EXHIBIT A cohero Cohero is pleased to present the following proposal to the National City Police Department for ongoing support of your existing RMS and AFR systems. We will continue to provide outstanding support and personalized service while keeping the systems running smoothly. Cohero is uniquely qualified to provide you with continuity of operations. Cohero staff has years of experience working with these systems and your agency. We are passionate about supporting our law enforcement clients. While we understand you are in the process of moving to another system, we are eager to ensure the continued longevity of your RMS & AFR systems as long as you need them. Direct contact with engineers will ensure agile response to your needs, bypassing unwanted layers of help desk and project management. !f you are able to supply us with source code, we can modify the applications directly to resolve issues or implement minor enhancements; otherwise, even without access to the source code, we have demonstrated the ability to support the applications through workarounds, shims and alternatives. Cohero will provide 1 year of support for your existing RMS and AFR systems include the following: • RMS • AFR • Revision Manager • iLink and AR1I5 interfaces Our proposal is intended to include the same applications and modules supported by the previous provider. However, we will not support any product or module that was delivered as a beta, prototype, or in a similar non production -ready state. Thank you for the opportunity to make this proposal. Please let us know if you have any questions or concerns we can address about this proposal or the services we offer. OPERATIONAL SUPPORT Cohero will provide operational support for non -routine server issues, or problems affecting multiple client workstations or end users. The expectation is that City IT staff will continue to respond to routine operational issues, as well as issues affecting an individual workstation or end -user. Cohero will provide backup support if City IT staff is unable to resolve the issues on their own. We'll keep the current systems and functionality working. The support will include: • Continuity of operations o 8x5 telephone and remote access support through customer -provided VPN 58 of 437 EXHIBIT A cohero o After hours, on -call support for critical issues • Direct access to engineers o City to identify primary IT contacts responsible for triaging all issues and contacting Cohero for support • Response to system operational issues, including: o Data and database issues, including stored procedures and triggers o Stuck/missing AFR reports that cannot be resolved by local IT staff o Systemic iLink issues affecting upload of AFR or other data to RMS o System errors and exceptions o Interface problems o Assistance with system (hardware) failure recovery and restoration • Customer will continue to support hardware and operating systems and perform backups • Address application issues o Best efforts to address application problems • Without modification to source code, when feasible and/or when source code is not available • If source code changes are required to address application problems and source code is available, Cohero may modify and deploy updated applications o Identify and implement workarounds o Replace stored procedures and triggers o Minimize the impact of exceptions TIME & MATERIALS SERVICES Unexpected requirements come up frequently in a public safety setting, whether for reasons of emergency response, new initiatives or in support of the community. Should the City have requirements 59 of 437 EXHIBIT A ,'Coh@CO extending beyond those provided under our support agreement, Cohero will make our services available on a time and materials (T&M) basis. T&M services can be used to help find alternatives to issues with your current systems, create new reports or enhance functionality through new development. Some of our clients have found it convenient to add an optional `not -to -exceed' allowance to their support agreement to cover an allocation of T&M hours, using and paying for these hours only as required. This approach means no additional contracts or change orders when you need something special or on the quick. These are not "pre -paid" hours —they are simply available in reserve, used only with the approval of designated City staff, artd billed only if used. The rate for these services is: • $150 per hour, in the first year of the agreement o Annual escalation thereafter o Only when pre -authorized by the City • Travel, labor and materials at actual cost o Only when pre -authorized by the City T&M services at the quoted rate are available only in combination with an active support agreement. Please understand that T&M services are provided on a time -available basis. 60 of 437 EXHIBIT A SUMMARY OF PROPOSED SERVICES cohero Continuity of operations 8x5 telephone support ✓ After-hours support for critical issues ✓ Access to engineers Direct access for primary IT contacts ✓ System operational issues Server issues ✓ Issues affecting multiple workstations ✓ Individual workstation issues (after City best effort) ✓ Issues affecting multiple users 1 Individual user/report issues (after City best effort) ✓ Systemic iLink issues ✓ Individual iLink issues (after City best effort) ✓ UCR issues ✓ Application issues Best effort resolution 1 Workarounds, DB procedures/triggers ✓ Minimize impact of exceptions ✓ Time and materials / Extra services New reports & capabilities On -demand services Hours can be included in agreement & used only when/if needed Note: Elements in this table ore summarized for brevity. Refer to complete details of offering elsewhere in this proposal. 61 of 437 EXHIBIT A REFERENCES 'cohero Our focus at Cohero is to delight our customers with responsive and personal service. Our founders have a longstanding attachment to law enforcement, and our long-term goal is to maintain those small company personal connections, as opposed to seeking rapid growth. Although we have an established relationship with the City through a previous project, we encourage you to contact the other RMS/AFR sites we currently support to gain insight into the outstanding quality of service we seek to provide. Agency Contact Alternate Contact Coronado CA Police Department Cmdr. Jesus Ochoa lochoa@coronado.ca.us (619) 522-7372 Loveland CO Police Department Kim Pals, Records Manager kim.pals@cityofloveland.org (970) 962-2242 Sacramento County CA Sheriff's Department Vacaville CA Police Department Kevin Bell, Project Manager kbell@sacsheriff.com (916) 874-4267 John Britto, IT Analyst ibritto@sacsheriff.com (916) 874-8641 Sgt. Adam 5enf, IT Coordinator asenf@cityofvacaville.com (707) 449-5245 Chief John Carli icarli@cityofvacaville.com (707) 449-5220 62 of 437 EXHIBIT A cohero 3912 Georgia St., San Diego, CA 92103 QUOTE FOR: Ron Williams City of National City 1200 National City Blvd National City, CA 91950 (866) 270-1983 info@cohero.com www.cohero.com QUOTE QUOTE: 2017-006 DATE: 1/26/17 Vafid for 90 Days TERMS: Net 30 Description Qty Total AFR/RMS Support Services (4 quarters: 03/01/17 - 02/28/18) Includes support for the following applications/modules: - RMS - AFR - Revision Manager - iLink and ARJIS Interfaces PAYMENT OPTIONS - 3 Months: $ 26,780 (billed quarterly in advance) Please refer to the original proposal for a complete description of the services proposed. 4 107,120.00 TOTAL: $107,120.00 If you have any questions, please contact the Cohero team at info@cohero.com or (866) 270-1983 THANK YOU FOR YOUR BUSINESS! 63 of 437 EXHIBIT A Cohen) Support Agreement Supplemental Terms & Conditions COHERO ("CONTRACTOR") is providing software support services to the CITY OF NATIONAL CITY ("CITY") under the scope of the associated agreement. This document identifies supplemental terms and conditions specific to these services. 1. SUPPORT SERVICES. During the term of this agreement, CONTRACTOR shall provide the services necessary to remedy any software error attributed to CONTRACTOR and which significantly affects use of the Software Products described in Exhibit "A" and is reproducible and verified by CONTRACTOR ("Software Error"). Such services shall be accomplished in accordance with the priority system outlined below after CITY has identified and notified CONTRACTOR of any such error in accordance with CONTRACTOR's reporting procedures. Support of non -CONTRACTOR developed software appiications and systems, without access to source code, will be done on a best effort basis, making reasonable efforts to identify and implement workarounds, minimize the impact of exceptions, and if no other options exists and where feasible, identify or develop alternative solutions. 2. TIME AND PLACE OF SERVICE. Service will be provided remotely unless otherwise stated in the Agreement Documents. Unless otherwise stated, the hours of service will be 9:00 AM until 5:00 PM, Pacific Time, Monday through Friday, holidays excepted. After hours, on -call support is available for Priority One issues. The priorities are defined as: PRIORITY ONE Crltical Software Errors: Software Errors that prevent or substantially interfere with operation of the Software Products for their primary intended purpose on a system wide basis, such as those errors that can cause unrecoverable loss of data or prevent the Software Products from running. Response: Upon receipt of notification from CITY, CONTRACTOR shall respond within the next four (4) hours of the business day followed by action to resolve the problem as soon as reasonably possible, Including, where feasible, providing a workaround for the problem pending such resolution. PRIORITY TWO Major Software Errors: Software Errors that do not prevent or substantially interfere with operation of the Software Products for their primary Intended purpose or are not system wide, but that do prevent or materially interfere with end user performance of common functions. Response: CONTRACTOR shall respond within the next eight (8) hours of the business day(s), followed by action to provide a workaround and/or resolve the problem within a reasonable time, taking into consideration the effect of the Software Error on CITY's operation of the Software Products. 64 of 437 EXHIBIT A PRIORITY THREE Minor Software Errors: All other Software Errors not described above. Response: CONTRACTORS shall respond within five (5) business days, and provide a resolution within a reasonable time, taking into consideration the nature of the software error, the effect upon operation of the Software Products, and the reasonable requests of the CITY with respect to such correction. 3. NOTIFICATION BY CITY. CONTRACTOR shall provide either a form and a -mall address or a web form on the CONTRACTOR website that CITY will use to provide Issue notification. Receipt of the notification will trigger the response times required under the previous paragraph. CONTRACTOR shall also provide CITY a telephone number that will be used to address service issues. CONTRACTOR may, from time -to -time, make changes to its notification procedures, forms or numbers. CONTRACTOR shall immediately notify CITY, in writing, of any such changes. 4. SUPPORT BY CITY. CITY agrees to provide CONTRACTOR with data, as requested, and with sufficient support and test time on CITY's computer systems to duplicate the problem, verify that the problem is with support Software Products, and verify that the problem has been resolved. CITY shall provide such system administration services on CITY's system and network as may be required to keep the system and network upgraded and in acceptable operating condition. CONTRACTOR does not provide system administration services under this Agreement. Corrections and support efforts for system/network upgrades and new equipment or defects and difficulties due to system administration issues shall be billed at CONTRACTOR's standard charges for labor, material and per diem. 5. REMOTE ACCESS. CITY shall install and maintain for the duration of this Agreement, an Internet accessible remote access system or Virtual Private Network (VPN) providing remote access to CITY's systems. CITY shall pay for installation, maintenance and use of such equipment and any associated use charges. CONTRACTOR, at its option, shall use this VPN line in connection with support and error correction. CITY is entitled to require that access by CONTRACTOR shall be subject to prior approval by CITY In each Instance. In addition to access to the servers, CITY shall provide a dedicated physical or virtual workstation accessible via remote access 24/7, which will be used to validate issue resolution and client operations. The workstation operating system and configuration will be similar to the typically deployed workstation. 6. BACKGROUND CHECKS. If required by the CITY, employees of CONTRACTOR will submit to background checks to verify their eligibility to access secure systems. All background investigations will be done at CITY's expense. 65 of 437 EXHIBIT A Cohere Software License Agreement This Software License Agreement is a legal agreement between COHERO ("CONTRACTOR") and the CITY OF NATIONAL CITY ("CITY") for use of the software product(s) as defined in the Agreement, which includes computer software and associated media, printed and electronic materials, and may include "on-line" or electronic documentation ("Software Products" or "Software"), by CITY. The Software Products are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. 1. SOFTWARE DEVELOPMENT. CONTRACTOR shall perform software development as necessary to deliver products or services described in the Agreement Documents and Exhibit "A" attached hereto. These services shall be provided in accordance with this Agreement. CONTRACTOR agrees to provide CITY a copy of any source code developed under the scope of this agreement. 2. COPYRIGHT. The Software Products are protected by copyright laws and international treaty provisions. Therefore, CRY must treat the Software Products like any other copyrighted material except that CITY may make additional copies of the Software Products solely for backup or archival purposes. CITY may not copy or distribute the electronic or printed documentation accompanying the Software Products except as may be required for maintenance or training purposes. 3. LICENSES. CONTRACTOR may provide Software Products under this Agreement and may provide other software that has been licensed from third parties. CONTRACTOR shall grant licenses or sub -licenses to CiTY for the Software Products. CITY will execute each and every license agreement as required and monitor compliance on a reasonable basis. The Software Products provided under this Agreement are licensed with an unlimited use site license. 4. RIGHTS AND TITLE. CONTRACTOR retains all rights, title and Interest, including derivatives, in all source code and processes, documents, drawings, specifications, and similar information related to the Software Products. The Software Products and any improvements, modifications and changes to the Software Products provided hereunder and all copies thereof are proprietary to CONTRACTOR and title thereto remains with CONTRACTOR. All applicable rights to patents, copyrights, trademarks, and trade secrets in the Software Products and the improvements, modifications and changes thereto are and shall remain with CONTRACTOR. CITY shall not sell, transfer, publish, disclose, display or otherwise make available the Software Products or improvements, modifications or changes thereto or copies thereof to others. CITY agrees to secure and protect each program, Software Product and copies thereof in a manner consistent with the maintenance of 66 of 437 EXHIBIT A CONTRACTOR's rights therein and to take appropriate action by instruction or agreement with its employees who are permitted access to each program or Software Product to satisfy its obligations hereunder. All copies of the Software Products, or improvements, modifications or changes thereto made by CITY Including translations, compilations, partial copies with modifications and updated works are the property of CONTRACTOR. Violation of any provisions herein shall be the basis for immediate termination of this Agreement. Termination of this Agreement shall be in addition to and not in lieu of any equitable remedies available to CONTRACTOR. 5. GRANT OF UCENSE. The Software Products are only licensed, not sold. CONTRACTOR hereby grants the CITY the following rights: a. USE OF LICENSE. CITY is hereby granted a perpetual, non -transferable, non- exclusive right to use the Software Products for the CITY's own internal use. b. STORAGE/NETWORK USE. The CITY may install, store and use the Software Products as required according to the licensing quantity and type as specified in the Agreement Documents. c. ADDITIONAL COPIES. The CITY may make additional copies of the Software Products as reasonably required for development and backup purposes provided that such copies contain all of the copyright notices and other proprietary markings contained on the original. d. SOURCE CODE. The source code provided under this agreement and derivatives may be used internally by the CITY for any purpose, but may not be sold, disclosed, or shared with any third party including other government entities. 6. TERMINATION. Without prejudice to any other rights, including the rights provided under section 5 above, CONTRACTOR may terminate this Software License Agreement if CITY fails to comply with the terms and conditions of this Software License Agreement. In such event, CITY must immediately destroy all copies of the Software Products and all component parts. 7. CITY MODIFICATIONS. CITY shall inform CONTRACTOR in writing of any modifications made by CITY to the Software Products or interfaces to the Software Products. Refer to the Software License Agreement for limitations as to CITY rights and use. Until CONTRACTOR accepts CITY modifications into the base code library, CONTRACTOR shall not be responsible for maintaining CITY modifications or software affected by CITY modifications. Corrections for difficulties or defects traceable to CITY's modifications shall be billed at CONTRACTOR's standard time and material charges. 8. LIMITED WARRANTY. CITY shall receive a limited warranty on Software Products that warrants that the Software Products will perform in accordance with the CITY approved design specification document for a period of one (1) year from the date of delivery. 67 of 437 RESOLUTION NO. 2017 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE BID PROCESS PURSUANT TO SECTION 2.60.110(6)(2) AND (3) OF THE NATIONAL CITY MUNICIPAL CODE, AND AUTHORIZING THE MAYOR TO EXECUTE A ONE-YEAR SOFTWARE MAINTENANCE AGREEMENT WITH COHERO IN THE TOTAL NOT -TO -EXCEED AMOUNT OF $107,120 TO SUPPORT THE NORTHROP GRUMMAN LAW ENFORCEMENT RECORDS MANAGEMENT SYSTEM WHEREAS, the Law Enforcement Records Management System ("RMS") provides the National City Police Department with real-time electronic records related to crime and arrest reports that are processed and uploaded to the San Diego Area Regional Justice Information System ("ARJIS"); and WHEREAS, in March, 2016, Northrop Grumman Systems Corporation discontinued providing on -going software maintenance and support for their law enforcement records management system; and WHEREAS, Cohero is a public safety software technology company with expertise in supporting Computer Aided Dispatch ("CAD"), Law Enforcement Records Management Systems, and Mobile and 911 Systems, and is capable of providing RMS software maintenance and support; and WHEREAS, on February 16, 2016, the City Council adopted Resolution No. 2016-19 waiving the bid process pursuant to National City Municipal Code Section 2.60.110(2) and (3), and authorizing the Mayor to execute a one-year software maintenance Agreement with Cohero for the total not to exceed amount of $104,000 RMS software maintenance and support; and WHEREAS, to provide for the on -going RMS software maintenance and support, the City desires to enter into a one year Agreement with Cohero for the not to exceed amount of $107,120 that provides for an option to extend for a period of one year, for up to a total of for years; and WHEREAS, it is requested that the City Council waive the formal bidding requirements as allowed in Chapter 2.60.110(6)(2) and (3) of the Municipal Code, and award a contract to Cohero to provide software maintenance and support for the law enforcement Records Management System because a delay would unduly jepordize the system, and it has been determined that Cohero is competitive within the industry, and no further purpose would be served by issuing a formal bid at this point in the process. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes waiving the bid process pursuant to Section 2.60.110(b)(2) and (3) of the National City Municipal Code. BE IT FURTHER RESOLVED that the City Council hereby authorizes the Mayor to execute a one-year Agreement with Cohero that includes an option to extend for a period of one year, up to a total of for years, to provide software maintenance and support for the Northrop Grumman Law Enforcement Records Management System for the not to exceed amount of $107,120. Said Agreement is on file in the office of the City Clerk. [Signature Page to Follow] 68 of 437 Resolution No. 2017 — Page Two PASSED and ADOPTED this 21$t day of February, 2017. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Ron Morrison, Mayor 69 of 437 CC/CDC-HA Agenda 2/21/2017 — Page 70 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, 1) authorizing the Mayor to execute Program Supplement Agreement No. P036 with the State of California Department of Transportation (Caltrans) for the Sweetwater River Bikeway Project to allow f 70 of 437 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 21, 2017 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) authorizing the Mayor to execute Program Supplement Agreement No. P036 with the State of California Department of Transportation (Caftans) for the Sweetwater River Bikeway Project to allow for reimbursement of up to $25,000 in eligible project expenditures through the Active Transportation Program (ATP), and 2) establishing appropriation of revenues and expenditures (no local match required). PREPARED BY: Jose Lopez PHONE: 61 9-336-431 2 EXPLANATION: See attached. DEPARTMENT: Engineering & Public Works APPROVED BY: -40 FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Revenue Account No. 296-06574-3463 Expenditure Account No. 296-409-500-598-6574 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Program Supplemental Agreement 3. Resolution /1Oi43/ Explanation On October 22, 2015, the California Department of Transportation (Caltrans) awarded the City of National City a $1,129,000 Active Transportation Program (ATP) grant for the Sweetwater River Bikeway Project. The State has allocated $25,000 for the Project Approvai/Environmental Document phase (PAED). There is no local match requirement. The project will fill a system gap in National City's focal bicycle network by tying bicycle facilities along 30th Street, east of "D° Avenue, to one of the Sweetwater River Bikeways access points at 2nd Avenue. The project will provide nearly one mile of ne+&f Gass 11 and Class 111 bicycle facilities per the City's Bicycle Master Plan and the SANDAL Regional Bike Plan. Improvements include bicycle detector loops, and bicycle boxes at three intersections: 30th Street and "D" Avenue, 30th Street and Highland Avenue, and 30th Street and N. 2nd Avenue. Additionally, the proposed project will provide gateway enhancements at both entrances to the Sweetwater River Bikeway located at Hoover Avenue and W. 33rd St. and N. 2nd Avenue. Enhancements at the two entryways will consist of signage, trash receptacles, landscaping, new fencing, and asphalt -concrete overlay along the existing segments that connect the roadway to the bikeway. City Council Resolution authorizing the Mayor to execute Program Supplement Agreement No. P036 to Administering Agency -State Master Agreement No. 00013S is required to allow for reimbursement of eligible project expenditures through the State ATP. 72 of 437 STATE OF CALIFORNIA- CALIFORNIA STATE TRANSPORTATION AGENCY rn X - EDMUND G. BROWN Jr., Governor DEPARTMENT OF TRANSPORTATION ' Division of Local Assistance 1120 N STREET P.O. BOX 942874, MS# 1 Sacramento, CA 94274-0001 TTY 711 (9 16) 654 3833 Fax (916) 654-2408 January 13, 2017 Mr. Stephen Manganiello Director of Public Works City of National City 1243 National City Boulevard National City, CA 91950-4301 Attn: Kuna Muthusamy Dear Mr. Manganiello: r- 0 n Fiie ii-SD-O-NATC ATPL-5066(033) On 30th St. between D Ave. and 2nd Ave and on 2nd Ave between 30th and Sweetwater River Bikeway Enclosed are two originals of the Program Supplement Agreement No. OP36 Rev. 000 to Administering Agency -State Master Agreement No. 00013E and an approved Finance Letter for the subject project. Please retain the signed Finance Letter for your records. Please sign both Program Supplement Agreements and return them to this office, Office of Local Programs - MSlwithin 90 days from receipt of this letter. If the signed Agreements are not received back in this office within 90 days, funds will be disencumbered and/or deobligated. Alterations should not be made to the agreement language or funding. ATTACH YOUR LOCAL AGENCY'S CERTIFIED AUTHORIZING RESOLUTION THAT CLEARLY IDENTIFIES THE PROJECT AND THE OFFICIAL AUTHORIZED TO EXECUTE THE AGREEMENT. A fully executed copy of the agreement will be returned to you upon ratification by Caltrans. No invoices for reimbursement can be processed until the agreement is fully executed. The State budget authority supporting the encumbered funds is only available for liquidation up to specific deadlines. These deadlines are shown on the attached Finance Letter as the "Reversion Date". Please ensure that your invoices are submitted at least 60 days prior to the reversion date to avoid any lapse of funds. If your agency is unable to seek reimbursement by this date you may request an extension through a Cooperative Work Agreement (CWA). A CWA is subject to the final approval of the State Department of Finance. If approved, the CWA may extend the deadline for up to two years. Your prompt action is requested. If you have questions, please contact your District Local Assistance Engineer. Sincerely, JOHN HOOLE, Chief Office of Project Implementation - South Division of Local Assistance Enclosures c: OLP AE Project Files (11) DLAE -Hanh-Dung Khuu 73 of 437 DEPARTMENT OF TRANSPORTATION DIVISION OF ACCOUNTING LOCAL PROGRAM ACCOUNTING BRANCH Attention: City of National City \garso, Preliminary Engineering ORA A LUMP SUM irFo Su!l Totals: Participation Ratio: 100.00% Signature: Title: HQ Sr. Engineer FINANCE LETTER 525 nr. n Date: .01/1112017 O_CO_RT: 11-SD-0-NATC Project No: ATPL-5066(033) Adv Project Id: 1116000122 Period of Performance End Date: Agreement End Date: Fa6,666.1 3 a,aou,uu 41z5,uuU i4u.uy $6.001 PEA No; This Finance Letter was created based on speelflc financial rnformatlon provided by the responsible local agency. The following encumbrance histgry is, pare .by Local AS3l Lance Accounting Office and Is provided here for local agents information and action. Remarks: Allocation Request for PA/ED. Cycle 2, ATP02-11-1083 - cng 12/20/2015 ADV. PROJECT IDUM�F, STATE PROG. FED/STATE For questions regarding finance letter, contact Printed Name : Nahed A. Abdin Telephone No: (916) 651-7928 ACCOUNTING INFORMATION ENCUMBRANCE APPROP AMOUNT YEAR EXPENDITURE AMOUNT ATPL 5066(033) ENCUMBRANCE REVERSION BALANCE DATE Cooperative Work Agreement APPROVED AMOUNT EXPIRATION DATE 1116006122 I 161D8 I 2030720100 *25,007.D0.1 1516 $0.00 $25,D00.OD j 06/30r21 Page ' of 1 74 of 437 'PROGRAM SUPPLEMENT NO. P36 to ADMINISTERING AGENCY -STATE AGREEMENT FOR STATE FUNDED PROJECTS NO 000135 Adv Project ID Date: 1116000122 Location: Project Number: E.A. Number: Locode: December 29, 2016 i 'i-SD-O-NA T Cj ATPL-5066(033) 5066 This Program Supplement, effective 12/07/2016, hereby adopts and incorporates into the Administering Agency -State Agreement No. 00013S for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an effective date of 05/02/07 and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the ADMINISTERING AGENCY on (See copy attached). The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived from sources noted below encumbered to this project, Administering Agency accepts and will comply with the Special Covenants and remarks set forth on the following pages. PROJECT LOCATION: On 30th St. between D Ave. and 2nd Ave and on 2nd Ave between 30th and Sweetwater River Bikeway. Sweetwater River Bikeway entrances at 2nd St. and Hoover Ave TYPE OF WORK: Construct Class II and III bicycle facilities, include bicycle detector loop and boxes. Estimated Cost State Funds Matching Funds STATE $25,000.00 $25,000.00 LOCAL $0.0 OTHER $0,00 CITY OF NATIONAL CITY RI/ Title Date Attest STATE OF CALIFORNIA Department of Transportation ya• Chief, Office of Project Implementation Division of Local Assistance Date 1 hereby certify upon my person knowledge that budgeted funds are available for this encumbrance: Accounting Officer /� Date 1/444/ $25.000.00 Program Supplement 00-0135-P36- SERIAL Page 1 of 4 75 of 437 STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLMENT AND CERTIFICATION FORM PSOF (REV. 0112010) Page 1 of t TO: STATE CONTROLLER'S OFFICE Claims Audits 3301 "C" Street, Rm 404 Sacramento, CA 95816 DATE PREPARED: 1213012016 PROJECT NUMBER: 1116000122 REQUISITION NUMBER 1 CONTRACT NUMBER: 1116000122 ATPL-5066(033) RGS - 111700000247 FROM: Department of Transportation SUBJECT: Encumbrance Document VENDOR 1 LOCAL AGENCY: CITY OF NATIONAL CITY $ 25,000.00 PROCUREMENT TYPE: Lacai Assistance CHAPTER 10 STATUTES 2015 ITEM 2660-108-0042 YEAR 2015-2016 PEC I PELT 2030720100 TASK 1 SUSTASK 2620/0000 $ AMOUNT 25,000.00 Total $ 25, 000.00 ADA Nom For individuals with sensory disabilities, this document Is available in alternate formats. For information, call (915) 5554-8410 of TDD (916) -3850 �r �.Lri!s Records and Forms Management, 1 120 N. Street, MS-89, Sacramento, CA 95814. 76 of 437 11 SD-O-NATC ATPL-5066(033) 12/2912016 SPECIAL COVENANTS OR REMARKS Chapter Statutes Item Year Program BC Category Fund Source AMOUNT Program Supplement 0O-013S-P36- SERIAL 77 of 437 Page 2of4 11 SD-0-NATC ATPL-5066(033) SPECIAL COVENANTS OR REMARKS 12t29/2016 "I. A. This PROJECT will be administered in accordance with the applicable CTC STIP guidelines and the Active Transportation Program guidelines as adopted or amended, the Local Assistance Procedures Manual (LAPM), the Local Assistance Program Guidelines (LAPG), and this PROGRAM SUPPLEMENT. B. This PROJECT is programmed to receive State funds from the Active Transportation Program (ATP). Funding may be provided under one or more components. A component(s) specific fund ailocation is required, in addition to other requirements, before reimbursable work can occur for the component(s) identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per component(s). This PROGRAM SUPPLEMENT has been prepared to allow reimbursement of eligible PROJECT expenditures for the component(s) allocated. Unless otherwise determined, the effective date of the component specific allocation will constitute the start of reimbursable expenditures. C. STATE and ADMINISTERING AGENCY agree that any additional funds made available by future allocations will be encumbered on this PROJECT by use of a STATE - approved Allocation Letter and STATE Finance Letter. ADMINISTERING AGENCY agrees that STATE funds available for reimbursement will be limited to the amount allocated by the Califomia Transportation Commission (CTC) and/or the STATE. D, Upon ADMINISTERING AGENCY request, the CTC and/or STATE may approve supplementary allocations, time extensions, and fund transfers between components. Funds transferred between allocated project components retain their original timely use of funds deadlines, but an approved time extension will revise the timely use of funds criteria for the component(s) and allocation(s) requested. Approved supplementary allocations, time extensions, and fund transfers between components made after the execution of this PROGRAM SUPPLEMENT will be documented and considered subject to the terms and conditions thereof. Documentation will consist of a STATE approved Allocation Letter, Fund Transfer Letter, Time Extension Letter, and Finance Letter, as appropriate. E. This PROJECT is subject to the timely use of funds provisions enacted by the Active Transportation Program Guidelines, as adopted or amended, and by approved CTC and State procedures as outlined below. Funds allocated for the environmental & permits (E&P), plan specifications & estimate (PS&E), and right-of-way components are available for expenditure until the end of the second fiscal year following the year in which the funds were allocated. Funds allocated for the construction component are subject to an award deadline and contract completion deadline. ADMINISTERING AGENCY agrees to award the contract within 6 months of the construction fund allocation and to complete and accept the construction within 36 months of award. F. Award information shall be submitted by the ADMINISTERING AGENCY to the District Program Supplement O0-013S-P36- SERIAL 78 of 437 Page 3 of 4 11-SD-0-NATC ATPL-3D66(0331 12/29/2016 SPECIAL COVENANTS OR REMARKS Local Assistance Engineer immediately after project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing of invoices for the construction phase. G. The ADMINISTERING AGENCY shall invoice STATE for environmental & permits (E&P), plans specifications & estimate (PS&E), and right-of-way costs no later than 180 days alter the end of last eligible fiscal year of expenditure. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion or contract acceptance to make the final payment to the contractor prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and payment. H. ADMINISTERING AGENCY agrees to submit the finai report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LAPM and the Active Transportation Program (ATP) Guidelines. I. ADMINISTERING AGENCY agrees to comply with Office of Management and Budget (OMB) Circular A-87, Cost Principles for State and Local Governments, and 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, Notwithstanding the foregoing, ADMINISTERING AGENCY will not be required to comply with 49 CFR, Part 18.36 (i), subsections (3), (4), (5), (6), (8), (9), (12), and (13). J. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to comply with all reporting requirements in accordance with the Active Transportation Program guidelines, as adopted or amended. Program Supplement 00-013S-P36- SERIAL Page 4 of 4 79 of 437 RESOLUTION NO. 2017 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE PROGRAM SUPPLEMENT AGREEMENT NO. P036 WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE SWEETWATER RIVER BIKEWAY PROJECT ALLOWING FOR REIMBURSEMENT OF UP TO $25,000 IN ELIGIBLE PROJECT EXPENDITURES FOR THE PROJECT APPROVAL/ENVIRONMENTAL DOCUMENT PHASE THROUGH THE ACTIVE TRANSPORTATION PROGRAM, AND ESTABLISHING FUND APPROPRIATIONS AND A CORRESPONDING REVENUE BUDGET IN THE AMOUNT OF $25,000 WHEREAS, on October 22, 2015, the California Department of Transportation ("Caltrans) awarded the City of National City a $1,129,000 Active Transportation Program ("ATP") grant for the Sweetwater River Bikeway Project (the `Project"); and WHEREAS, the State has allocated $25,000 for the Project Approval/Environmental Document phase ("PAED") with no local match requirement; and WHEREAS, the Project will fill a system gap in National City's local bicycle network by tying bicycle facilities along 30th Street, east of "D" Avenue, to one of the Sweetwater River Bikeway's access points at 2h'd Avenue, and provide nearly one mile of new Class II and Class III bicycle facilities per the City's Bicycle Master Plan and the SANDAG Regional Bike Plan; and WHEREAS, a City Council Resolution authorizing the Mayor to execute Program Supplement Agreement No. P036 to Administering Agency -State Master Agreement No. 00013S is required to allow for reimbursement of eligible project expenditures through the State ATP. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute Program Supplement Agreement No. P036 to Administering Agency -State Master Agreement No. 00013S to allow for reimbursement of eligible project expenditures for the PAED phase of work through the State ATP. BE IT FURTHER RESOLVED that the City Council hereby authorizes the establishment of fund appropriations and a corresponding revenue budget in the amount of $25,000. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 21st day of February, 2017. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, Ill Interim City Attorney 80 of 437 CC/CDC-HA Agenda 2/21/2017 — Page 81 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City granting a Quitclaim Deed for an easement to Thrifty Oil Company on a parcel of land due to the previous abandonment of a sewer main (A.P.N. 570 020 46 00). (Engineering/Public Works) 81 of 437 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 21, 2017 AGENDA ITEM NO. ITEM TITLE: A Resolution of the City Council of the City of National City granting a Quitclaim Deed for an easement to Thrifty Oil Company on a parcel of land due to the previous abandonment of a sewer main (A.P.N. 570 020 46 00). PREPARED BY: Charles Nissley PHONE: 619-336-4396 EXPLANATION: DEPARTMENT: Engineering/Public Works APPROVED BY: Thrifty Oil Company is the owner a parcel of land located east of and adjacent to 1606 E. Plaza Boulevard on the southeast corner of the intersection of Palm Avenue and E. Plaza Boulevard. There is an existing sewer easement on this property. On March 29, 1968 plans were approved and a new sewer main was constructed realigning the sewer into Plaza Boulevard and plugging and abandoning the existing sewer main in the easement. The sewer main is no longer used and the easement is an unnecessary burden on the property. Thrifty Oil Company is requesting that the City of National City quit claim the abandoned sewer main easement for future development of the property. The easement area is more particularly described in Exhibit A (attached) and shown in Exhibit B (attached). FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Easement Documents 2. Legal Description 3. Quitclaim 4. Resolution 82 of 437 EASEMENT NOTES n AN EASEMENT FOR INGRESS AND EGRESS OVER THAT PORTION OF PARCEL 3 OF PARCEL MAP NO. 13257, DESIGNATED 'INGRESS AND EGRESS EASEMENT RESERVED FOR THE BENEFIT OF PARCEL 2' ON SAID MAP. n AN EASEMENT FOR SEWER SERVICE PURPOSES OVER, UNDER, ALONG AND ACROSS THOSE PORTIONS OF PARCELS 1 AND 3 OF PARCEL MAP N0. 13257 DESIGNATED AS `SEWER SERVICE EASEMENT RESERVED HEREON 'ON SAID, MAP. AN EASEMENT TO THE CITY OF NATIONAL CITY FOR SEWER PURPOSES RECORDED AUGUST 22, 1946, IN BOOK 2222, PAGE 96 OF O.R. 3 l 41 AN EASEMENT TO THE CITY OF NATIONAL CITY FOR SEWER AND/OR DRAINAGE AND/OR EMBANKMENT PURPOSES RECORDED OCTOBER 4, 1968, AS DOC. NO. 173322 OF O.R. C AN EASEMENT FOR DRAINAGE, SEWER, INGRESS AND EGRESS AS SHOWN ON PARCEL MAP N0. 13257. ® AN EASEMENT TO PARADISE VALLEY DEVELOPMENT, INC. FOR SEWER SERVICE PURPOSES RECORDED JAN. 14, 1985, AS DOC. NO. 85-011421 OF O.R. SEE ITEM NUMBERnABOVE. 7 AN EASEMENT TO J & L PARTNERSHIP FOR A TEMPORARY EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS RECORDED JULY 9, 1985 AS DOC. N0. 85-244960 OF O.R. U AN EASEMENT TO REX DEVELOPMENT CO., LTD. FOR DRIVEWAY, ROOF COLUMNS, ROOF OVERHANG AND ASSOCIATED APPURTENANCES RECORDED SEPTEMBER 29, 2000, AS DOC. N0. 2000-0523854 OF O.R. uIu 111 II11IH WII RNV -J 30' d N71'12'10%E 150.00' 1 H CIVIL ENGINEERING &. LAND SURVEYING COORY ENGINEERING WITEL: (714) . 202-8700 FAX: (714) 202-8701 1716 N. Neville Street. Orange, C.' 9286S -03 co ti o c0 THE MOST N'LY. COR. OF PARCEL 3 OF PARCEL MAP N0. 13257 N18'47'01 "W 9.55' A N71'00'40'E 312.79' 0 25' 50' SEWER EASEMENT TO BE QUIT -CLAIMED PER iC THIS DOCUMENT • = 50' N18'41'59"W 9.54' )CVO CO CD COr, 1 -- P.O.B. EXHIBIT "S" SEWER EASEMENT QUIT -CLAIM 8 83 of 437 SEINER EASEMENT QUITCLAIM LEGAL DESCRIPTION A STRIP OF LAND, 10 FEET IN WIDTH LOCATED IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL "A" OF THE AMENDED AND RESTATED CERTIFICATE OF COMPLIANCE RECORDED JUNE 11, 2007 AS DOCUMENT NO. 2007-0392909, OFFICIAL RECORDS OF SAID COUNTY, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL "A"; THENCE NORTH 18° 41' 59" WEST 44.36 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG THE CENTERLINE OF SAID STRIP NORTH 84° 47' 01" WEST 178.25 FEET TO THE TERMINAL POINT OF THIS DESCRIPTION. THE SIDELINES OF SAID STRIP TO BE SHORTENED OR LENGTHENED TO TERMINATE AT EASTERLY AND WESTERLY LINES OF SAID PARCEL "A". CONTAINING AN AREA OF 1,783 SQUARE FEET, MORE OR LESS. Description prepared by: Samir M. Khoury Date R.C.E. No. 30567 EXHIBIT "A" 84 of 437 RECORDING REQUESTED BY City of National City 1243 National City Blvd. National City, Ca. 91950 WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENT TO: SAME AS ABOVE SPACE ABOVE THIS LINE FOR RECORDER'S USE Quitclaim Deed APN 557 410 27 00 The undersigned grantor(s) declare(s): Document transfer tax is $ City of National City, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged The City of National City, a Municipal Corporation in the County of San Diego, State of California hereby REMISE(S), RELEASE(S) AND FOREVER QUITCLAIM(S) to THRIFTY OIL COMPANY that property in the City of National City, County of San Diego, State of California, described in Exhibit A and shown in Exhibit B. Dated Signature of Grantor A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not to the truthfulness, accuracy, or validity of that document. State of California ) County of SAN DIEGO ) S.S. On before me personally appeared personally known to me (or proved to me on the basis of satisfactory evi- dence) to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he / she / they executed the same in his / her / their authorized capacity(ies), and that by his / her / their sig- nature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. MAIL TAX STATEMENT TO, (This area for official notarial seal) 85 of 437 RESOLUTION NO. 2017 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY GRANTING A QUITCLAIM DEED FOR AN EASEMENT TO THRIFTY OIL COMPANY ON A PARCEL OF LAND DUE TO THE PREVIOUS ABANDONMENT OF A SEWER MAIN WHEREAS, Thrifty Oil Company is the owner of a parcel of land located east of, and adjacent to, 1606 East Plaza Boulevard on the southeast corner of the intersection of Palm Avenue and East Plaza Boulevard with an existing sewer easement on the property; and WHEREAS, on March 29, 1968, plans were approved, and a new sewer main was constructed realigning the sewer into Plaza Boulevard and plugging and abandoning of the existing sewer main in the easement; and WHEREAS, the sewer main is no longer used and the easement is an unnecessary burden on the property; and WHEREAS, Thrifty Oil Company is requesting that the City of National City quit claim the abandoned sewer main easement for future development of the property. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby grants a Quitclaim Deed for a sewer easement vacation to Thrifty Oil Company, for a parcel of land located east of, and adjacent to, 1606 East Plaza Boulevard on the southeast corner of the intersection of Palm Avenue and East Plaza with an existing sewer main that was abandoned. PASSED and ADOPTED this 21 st day of February, 2017. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Ron Morrison, Mayor 86 of 437 CC/CDC-HA Agenda 2/21/2017 — Page 87 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with EnSafe, Inc. (who recently acquired E2 ManageTech, Inc.) in the amount of $115,000 to assist staff with obtaining regulatory approvals and imple 87 of 437 CITY OF NATIONAL CITY, CALIFORNIA ('(11JNCIL AGENDA STATEMENT MEETING DATE: February 21, 2017 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with EnSafe, Inc. (who recently acquired E2 ManageTech, Inc.) in the amount of $115,000 to assist staff with obtaining regulatory approvals and implementation of the Property Mitigation Plan for environmental remediation of the Westside Infill Transit Oriented Development (WI-TOD) Project site located at 2100 and 2020 Hoover Avenue, and future Park site development located on the west side of Paradise Creek, pursuant to the City's obligation to the former redevelopment agency to carry out the Disposition and Development Agreement by and between the Community Development Commission of the City of National City and Paradise Creek Housing Partners, LP PREPARED In _ Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. DEPARTMENT: Engineering/Public Works APPROVED BY: APPROVED: APPROVED: Funds available in account #001-409-500-598-1596 (WI-TOD Improvements) ENVIRONMENTAL REVIEW: N/A Finance MIS ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt resolution authorizing the Mayor to execute an Agreement with EnSafe, Inc. for environmental remediation of the Westside Infill Transit Oriented Development (WI-TOD) Project site. E� 1 COMMISSION REi.unirirvdi= li&A N/A ATTACHMENTS: 1. Explanation 2. Agreement 3. Resolution 88 of 437 Explanation; EnSafe, Inc. is a global provider of environmental, engineering, health and safety, and technology solutions services. EnSafe provides environmental management and planning solutions in the areas of compliance auditing; cost estimating; due diligence / merger and acquisition support; emergency response and preparedness; environmental compliance and management systems; environmental training; air quality and permitting; hazardous and solid waste permitting and compliance; water permitting; environmental site assessments; and regulatory interpretation f negotiations. EnSafe also provides design engineering solutions, including land development / site planning; landfill design / solid waste; water / wastewater and watershed / storm water management; environmental restoration solutions, such as site investigations, risk assessments, remediation, and decontamination /` decommissioning; and natural and water resources protection and management solutions. Effective February 3, 2017, EnSafe entered into an agreement to purchase a portion of E2 ManageTech's assets. Those assets are associated with E2's Environmental Services practice, which is the division of E2 that will continue to provide environmental site investigation and remediation support services for the Westside Infill Transit Oriented Development (WI-TOD) / Paradise Creek Park redevelopment area in National City. To ensure that National City is not impacted by this acquisition, EnSafe will assign E2's Principal Project Manager, Daryl Hernandez, and his support staff to execute the scope of work. Mr. Hernandez has been intimately involved with providing environmental services for the project over the past 10 years. The Community Development Commission (CDC) of the City of National City selected E2 ManageTech through a competitive process to provide environmental site investigation and remediation support services for the WI-TOD site located at 2100 and 2020 Hoover Avenue. Through their agreement with the CDC, which was executed on September 6, 2011, E2 ManageTech prepared a comprehensive Property Mitigation Plan (PMP) for environmental remediation of the project site. The WI-TOD, also known as Paradise Creek Housing Project, will deliver 201 affordable housing units on the east side of Paradise Creek and develop an approximately 4-acre Community Park on the west side of Paradise Creek. Phase 1 of the housing project, which constructed 108 units, was completed in December 2016. On December 3, 2013, per City Council Resolution No. 2013-185, City Council authorized the Mayor to execute an agreement with E2 ManageTech in the amount of $120,000 to assist staff with obtaining regulatory approvals and implementation of the PMP for the WI-TOD Project in order to meet the City's obligation to the former redevelopment agency to carry out the Disposition and Development Agreement by and between the Community Development Commission of the City of National City and Paradise Creek Housing Partners, LP. On November 18, 2014, per City Council Resolution No. 2014-161, City Council authorized the Mayor to execute a First Amendment to the Agreement with E2 ManageTech to increase the not -to -exceed amount of the Agreement by $300,000 and extend the expiration date of the Agreement. 89 of 437 Based on the qualifications of EnSafe 1 E2 ManageTech; competitive billing rates; intimate knowledge of the project; past performance, including preparation of the PMP and other required environmental documents; and relationship with State and Regional regulatory agencies / staff overseeing the project, staff recommends executing an Agreement with EnSafe in the amount of $115,000 to assist .staff with obtaining final regulatory approvals and implementation of the Property Mitigation Plan for environmental rernediation of thew !-TOD Project site located at 2100 and 2020 Hoover Avenue, and future Park site development located on the west side of Paradise Creek. 90 of 437 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND ENSAFE INC. THIS AGREEMENT is entered into on this 21st day of February, 2017, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and ENSAFE INC., a corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide environmental engineering, site investigations and remediation support services to assist staff with obtaining final regulatory approvals and implementation of the Property Mitigation Plan for environmental remediation of the Westside Infill Transit Oriented Development (WI-TOD) / Paradise Creek Park redevelopment area in National City, pursuant to the Disposition and Development Agreement by and between the Community Development Commission of the City of National City and Paradise Creek Housing Partners, LP. WHEREAS, the CITY has determined that the CONSULTANT is an environmental services firm and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT to provide environmental engineering, site investigations and remediation support services for the (WI-TOD) / Paradise Creek Park redevelopment area in National City, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on February 21, 2017. The duration of this Agreement is for the period of February 21, 2017 through June 30, 2018. This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one (1) year term. The Parties may exercise up to three one-year extensions. Any extension of this Agreement must be approved in writing by the City Council. 3. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in 91 of 437 advance by the CITY. The CONSULTANT shall keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PROJECT COORDINATION AND SUPERVISION. Stephen Manganiello, Director of Public Works / City Engineer, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Daryl Hernandez, Principal, thereby is designated as the Project Director for the CONSULTANT. 5. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed $115,000. The compensation for the CONSULTANT'S work shall not exceed the rates set forth in Exhibit "A". Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 6. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for this project, whether paper or electronic, shall become the property of the CITY for use with respect to this project, and shall be turned over to the CITY upon completion of the project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work Standard Agreement Page 2 of 11 City of National City and Revised December 2016 EnSafe Inc. 92 of 437 prepared under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S written work product for the CITY'S purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of Services of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY' S employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees, except as herein set forth, and the CONSULTANT or the CONSULTANT'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, it being understood that the CONSULTANT its agents, servants, and employees are as to the CITY wholly independent CONSULTANT, and that the CONSULTANT'S obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each Standard Agreement Page 3 of 11 City of National City and Revised December 2016 EnSafe Inc. 93 of 437 of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT'S professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. Standard Agreement Page 4 of 11 City of National City and Revised December 2016 EnSafe Inc. 94 of 437 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT'S negligent performance of this Agreement. CITY will cooperate reasonably in the defense of any action, and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney. The indemnity, defense and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, employees, and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. Standard Agreement Page 5 of 11 City of National City and Revised December 2016 EnSafe Inc. 95 of 437 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following checked insurance policies: A. ® If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance 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". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. Insurance shall be written with only California admitted companies that hold a current policy holder's alphabetic and financial size category rating of not less than A:VII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. H. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat Standard Agreement Page 6 of 11 City of National City and Revised December 2016 EnSafe Inc. 96 of 437 the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. T. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. . relating to, this dent, or breaeh thereef, which is not resolved by mediation shall bo sottlod ,anda 20 lc TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the Standard Agreement Page 7 of 11 City of National City and Revised December 2016 EnSafe Inc. 97 of 437 CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 2- 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Stephen Manganiello Director of Public Works / City Engineer Engineering & Public Works Department City of National City 1243 National City Boulevard National City, CA 91950-4397 To CONSULTANT: Don Bradford President and CEO EnSafe Inc. 5724 Summer Trees Drive Memphis, TN 38134 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. Standard Agreement Page 8 of 11 City of National City and Revised December 2016 EnSafe Inc. 98 of 437 22 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the CONSULTANT. 23 22. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any Standard Agreement Page 9 of 11 City of National City and Revised December 2016 EnSafe Inc. 99 of 437 exhibits,schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Subcontractors or Subconsultants. The CITY is engaging the services of the CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the CITY in writing. In the event any portion of the work under this Agreement is subcontracted, the subconsultant(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 17 and the indemnification and hold harmless provision of Section 15 of this Agreement. M. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. Standard Agreement Page 10of11 City of National City and Revised December 2016 EnSafe Inc. 100 of 437 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY ENSAFE INC. By: By: Ron Morrison, Mayor �' na d E.: radfor President and CE Sharon E. Hooper Vice President APPROVED AS TO FORM: George H. Eiser, 111 Interim City Attorney Standard Agreement Page 11 of 11 Revised December 2616 EnSafe Inc. City of National City and 101 of 437 ENSAFE a global professional services company creative thinking. custom solutions.® 5724 Summer Trees Drive I Memphis, Tennessee 381341 Telephone 901-372-7962 I Facsimile 901-372-2454 I www.ensafe.com February 8, 2017 Stephen Manganiello Director of Public Works/City Engineer City of National City 1243 National City Boulevard National City, CA 91950 Re: Proposal for Environmental Site Investigation and Remediation Support Services; WI-TOD/Paradise Creek Redevelopment Area — National City, California Dear Mr. Manganiello: EnSafe Inc. is pleased to submit this proposal to provide environmental site investigation and remediation support services for the WI-TOD/Paradise Creek Park Redevelopment Area in National City, California. Effective February 3, 2017, EnSafe entered into an agreement to purchase a portion of E2 ManageTech, Inc. (E2) assets. Those assets are associated with E2's Environmental Services (ES) practice, which is the division of E2 that will continue to service the scope of work described herein. To ensure that National City is not impacted by this acquisition, EnSafe will subcontract directly with E2 to execute the scope of work during this transition period. EnSafe and E2's ES division are committed to a seamless transition, as we integrate our operations and service models in the coming weeks. Accordingly, EnSafe and E2 propose to complete the following scope of work: Task 1- Phase I Development Area: • Remedial Action Completion Report (RACR) — Completed pending LUC. • Land Use Covenant (LUC) — Currently in review by DTSC's legal department. • Minor expenses remaining that would include any additional revisions to the LUC and/or closure documents. Task 2 - Phase II Development Area: • RACR document has been initiated and it approximately 60% completed. Final completion of the RACR document pending approval of Phase I RACR. • Phase II LUC— Will be prepared based on the final Phase I LUC. Minimal effort because the final language of Phase I will have been reviewed by City, Developer, and DTSC attorneys. engineering 1 environment 1 health & safety 1 technology 102 of 437 Mr. Stephen Manganiello - City of National City February 8, 2017 Page 2 Parkside Development Scope of Work: Task 3 — Parkside Lead Supplemental Investigation • Collect additional soil samples from locations where elevated lead concentrations were detected and test for the solubility of lead in the fill soils at the site. • 20 soil samples will be collected from 10 pre -selected boring locations. • All soil samples will be analyzed for total lead and soluble lead using test methods for STLC and TCLP methods. • Results of this Supplemental Investigation will support the recommended remediation alternative analyzed in the Removal Action Work Plan that is described under Task 4. • Costs include preparation of a Supplemental Site Investigation Report with the findings and conclusions. Task 4 — Draft and Final Removal Action Work plan (RAW) • Based on the findings of the Supplemental Site Investigation, a RAW document will be prepared in accordance with protocol established by the Department of Toxic Substances Control (DTSC). • The RAW document will screen up to 4 lead mitigation alternatives and recommend one alternative for implementation. The alternatives will be evaluated based on Implementability, Effectiveness, and Cost. • The alternatives will take into consideration the potential to install a cap above the lead impacted soils and relocate lead impacted soil beneath the street renovation areas associated with Harding Avenue and 21st Street. • One electronic draft version of the RAW will be submitted to the City and DTSC for its review. • Based on one round of review for the Draft RAW, the Final RAW will be prepared that will incorporate comments received from the City and DTSC. • One hard copy of the Final RAW will be prepared and delivered to each the City and DTSC. An extra hard copy will be prepared for placement in a public repository (i.e., National City Public Library). Task 5 — Parkside Land Use Covenant (LUC) • It is anticipated that lead impacted soils will remain beneath the park and possibly the street renovation areas described above. Accordingly, a LUC will be prepared to describe the location of lead impacted soil and any land restrictions that would result. • The LUC will be prepared in accordance with DTSC's standard format and in consideration of the LUCs that are associated with Phases I and II of the Paradise Creek Development area. • It is anticipated that the lead -impacted areas will be represented using CAD drawings. Task 6 — Parkside California Environmental Quality Act Compliance (CEQA) • The RAW documents are subject CEQA compliance. • Because environmental cleanup is the CEQA action, DTSC will serve as the lead agency. • To assist with meeting the City's schedule for building the park, EnSafe/E2 will assist DTSC with preparing CEQA documents. EIIIISAFE 103 of 437 Mr. Stephen Manganiello - City of National City February 8, 2017 Page 3 • Because the final remediation alternatives have not been determined and/or approved, the CEQA actions are not known that this time. • For the purpose of this proposal, it is anticipated that a Mitigative Negative Declaration (MND) will be warranted. • On behalf of DTSC, EnSafe/E2 will prepare a draft MND for DTSC to review and finalize. It is anticipated that DTSC will provide comments to the Draft document and EnSafe/E2 will finalize the document. • An electronic copy of the Draft MND will be submitted to DTSC for its review. Also, 3 hard copies of the final MND will be prepared and submitted to the City, DTSC, and a central repository. • The level of effort includes preparing project factsheets in English and Spanish and participation in one community meeting. • Postage costs for mailing any factsheets and/or meeting notifications are not included in the costs. These expenses will be charged at cost with no markup. EnSafe and the E2 Project Team are prepared to complete the above -described scope of work on a time - and -material basis for $114,269.25. Detailed cost breakdown of our proposed cost is provided as an attachment. EnSafe and the E2 Project Team appreciate the opportunity to continue to support National City with the WI-TOD/Paradise Creek Redevelopment Project. If you have any questions regarding this proposal or the transition of E2 into EnSafe, please do not hesitate to call the undersigned. Sincerely, EnSafe Inc. Donald E. Bradford President & CEO cc: Daryl Hernandez, PE 104 of 437 ENSAFE ENSAFE a global professional services company EXHIBIT "A" WI-TOD/PARADISE CREEK REDEVELOPMENT AREA COST PROPOSAL & FEE SCHEDULE RATE Task 1 Phase I Develop Area Completion Task 2 Phase II RACR Report and LUC Task 3 Parkside Lead Supplemental Investigation Task 4 Darft and Final RAW Task 5 Parkside LUC Task 6 Parkside CEOA TASKS TOTAL TOTAL STAFF CATEGORY Schedule:185 Units/Hrs Cost Units/Hrs Cost Units/Hrs Cost Units/Hrs Cost Units/Hrs Cost Units/Hrs Cost Units/Hrs Cost Principal/Sr. Principal $185.00 24.0 $4,440 $0 50 $0 $0 $0 $0 $0 8.0 $600 48.0 $8,880 $0 $0 24.0 $3,360 $0 $0 $0 $0 8.0 $600 40.0 $7,400 16.0 $2,560 $0 $0 $0 $0 36.0 $3,780 $0 4.0 $300 80.0 $14,800 8.0 $1,280 $0 40.0 $5,600 $0 $0 120.0 $12,600 $0 24.0 $1,800 24.0 $4,440 $0 $0 $0 $0 $0 $0 $0 4.0 $300 40.0 57,400 8.0 $1,280 $0 40.0 $5,600 $0 $0 8.0 $840 $0 8.0 $600 256.0 32.0 0.0 104.0 0.0 0.0 164.0 0.0 56.0 $47,360.00 $5,120.00 $0.00 $14,560.00 $0.00 $0.00 $12,220.00 $0.00 $4,200.00 S88,460.00 Consulting Professional $160.00 Sr. Project Professional $150.00 Project Professional $140.00 Assistant Project Professional $125.00 Sr. Staff Professional $110.00 Staff Professional $105.00 Technical Editor $85.00 Technical Assistant/Word Processor $75.00 Labor Cost Subtotals 32.0 55,040.00 80.0 512,840.00 96.0 514,040.00 272.0 $36,080.00 28.0 $4,740.00 104.0 915,720.00 612.0 ITEM RATE Units/Hrs Cost Units/Hrs Cost Units/Hrs Cost Units/Hrs Cost Units/Hrs Cost Units/Hrs Cost Units/Hrs Cost Transportation $0.540 $110.00 $55.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 50.0 $27.00 $0.00 $0.00 $0.00 2.0 $110.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0.0 0.0 50.0 0.0 0.0 0.0 2.0 $0.00 $0.00 $27.00 $0.00 $0.00 $0.00 $110.00 Vehicles Vehicle Mileage ($/Mile) Daily Truck Rental ($/Day) E2 Supplied Equipment Hazardous Waste Kit ($/Day) Reimbursable Expenses Cost Subtotal 0.0 $0.00 0.0 $0.00 52.0 $137.00 0.0 $0.00 0.0 $0.00 0.0 $0.00 $137.00 SUBCONTRACTOR COSTS IIIIIIIIIIIIIIIIIIIC SUBCONTRACTOR RATE Units/Hrs I Cost Units/Hrs I Cost Units/Hrs I Cost Units/Hrs I Cost Units/Hrs I Cost Units/Hrs I Cost Units/Hrs Cost Phase II $2,700.00 $325.00 $195.00 $75.00 $10.00 $37.00 $37.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1.0 $325.00 2.0 $390.00 2.0 $150.00 $0.00 $0.00 20.0 $200.00 20.0 $740.00 20.0 $740.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0.0 0.0 0.0 0.0 1.0 2.0 2.0 0.0 0.0 20.0 20.0 20.0 $0.00 $0.00 $0.00 $0.00 $325.00 $390.00 $150.00 $0.00 $0.00 $200.00 $240.00 $740.00 Pre -field Activities All samples will be hand augered. No geo costs Field Equipment Rental Mini Rae PID ($/week) Hand Auger Kit PPE ($/day) Analytical Testing Soil Analysis Total lead (TTLC) by EPA 6010E (with Digestion) Soluble lead (STLC) by WET (with STLC Extraction) TCLP Lead (with TCLP Bottle Extraction) SUBCONTRACTOR COST SUBTOTALS (WITHOUT MARK-UP) $0.00 $0.00 $2,545.00 $0.00 $0.00 $0.00 $2,545.00 SUBCONTRACTOR MARK-UP 5% $0.00 $0.00 $127.25 $0.00 50.00 $0.00 $127.25 SUBCONTRACTOR COST SUBTOTALS $0.00 $0.00 $2,672.25 $0.00 $0.00 $0.00 $2,672.25 TASK SUBTOTALS 55,040.00 $12,840.00 916,849.25 936,080.00 94,740.00 915,720.00 $91,269.25 25% CONTINGENCY FOR UNFORSEEN CONDITIONS $23,000.00 TOTAL COST $114,269.25 105 of 437 Client#: 25298 ENSAINCO ACORD-, CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 2/10/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Greyling Ins. Brokerage/EPIC 3780 Mansell Road, Suite 370 Alpharetta, GA 30022 CONTACT Carly Underwood 770..4225 Fax PHONE 552 (a/c, No, Ext): (A/C, No): 866.550.4082 E-MAIL DRESS: carly.underwood greyling.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Greenwich Insurance Company 22322 INSURED EnSafe Inc. 5724 Summer Trees Dr. Memphis, TN 38134 INSURER B: Firemans Fund Insurance Co. 21873 INSURER C: Indian Harbor Insurance Co 36940 XL Specialty Insurance Co. INSURER D: P ty 37885 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 16-17 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRINSR TYPE OF INSURANCE ADDL SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY GEC300059002 12/01/2016 12/01/2017 EACH OCCURRENCE $1,000,000 CLAIMS -MADE X OCCUR PREMISES TO RENTED $500,000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE X LIMIT APPLIES JERCOT PER: LOC PRODUCTS - COMP/OP AGG $2,000,000 $ D AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS X SCHEDULED AUTOS AUTNONOS-OWNED AEC004489102 12/01/2016 12/01/2017 (Eaaocden INGLE LIMIT $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ B x UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE SU000024568958 12/01/2016 12/01/2017 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 DED X RETENTION $O $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N N / A WEC004489202 12/01/2016 12/01/2017 X STATUTE OTH- ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 C Professional Liab incl. Contractors Pollution Liab PEC004489302 12/01/2016 12/01/2017 Per Claim $5,000,000 Aggregate S5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Environmental Site Investigation and Remediation Support Services; WI-TOD/Paradise Creek Redevelopment Area National City, California. The City of National City, its elected officials, officers, agents, employees and volunteers are named as Additional Insureds on the above referenced liability policies with the exception of workers compensation & professional liability where required by written contract. (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2014/01) 1 of 2 The ACORD name and logo a #S656202/M608884 106 of 437 © 1988-2014 ACORD CORPORATION. All rights reserved. -ks of ACORD CUND1 DESCRIPTIONS (Continued from Page 1) Waiver of Subrogation is applicable where required by written contract & allowed by law. SAGITTA 25.3 (2014/01) 2 of 2 #S656202/M608884 107 of 437 POLICY NUMBER: GEC300059002 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT TO INCLUDE AS AN ADDITIONAL INSURED PROVIDED THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT_ VARIOUS Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insureds) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 04 13 O Insurance Services Office, lnc., 2012 108 of 437 Page 1 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CO 20 10 04 13 O Insurance Services Office, lnc., 2012 109 of 437 Page 2 POLICY NUMBER: GEC300059002 COMMERCIAL GENERAL LIABILITY CG20370413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT TO INCLUDE AS AN ADDITIONAL INSURED PROVIDED THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR UVRITTEN AGREEMENT. VARIOUS Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or 'property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is Tess. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 04 13 O Insurance Services Office, lnc., 2012 110 of 437 Page 1 This page has been left blank intentionally. 111 of 437 POLICY NUMBER: AEC004489102 XIC 411 1013 ENDORSEMENT #004 This endorsement, effective 12:01 a.m., December 1, 2016 forms a part of Policy No. AEC004489102 issued to ENSAFE, INC. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM A. COVERED AUTOS LIABILITY COVERAGE, Who Is An Insured, is amended to include as an "insured" any person or organization you are required in a written contract to name as an additional insured, but only for "bodily injury" or "property damage" otherwise covered under this policy caused, in whole or in part, by the negligent acts or omissions of: 1. You, while using a covered "auto"; or 2. Any other person, except the additional insured or any employee or agent of the additional insured, operating a covered "auto" with your permission; Provided that: a. The written contract is in effect during the policy period of this policy; b. The written contract was signed by you and executed prior to the "accident" causing "bodily injury" or "property damage" for which liability coverage is sought; and c. Such person or organization is an "insured" solely to the extent required by the contract, but in no event if such person or organization is solely negligent. B. The Limits of Insurance provided for the Additional Insured shall not be greater than those required by contract and, in no event shall the Limits of Insurance set forth in this policy be increased by the contract. C. General Conditions, Other Insurance is amended as follows: Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether such insurance is primary, excess, contingent or on any other basis unless the contract specifically requires that this policy be primary. All terms, conditions, exclusions and limitations of this policy shall apply to the liability coverage provided to any additional insured, and in no event shall such coverage be enlarged or expanded by reason of the contract. All other terms and conditions of this policy remain unchanged. XIC 411 1013 © 2013 X.L. America, Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission. BVIE 01/04/2017 Page 1 of 1 112 of 437 POLICY NUMBER: GEC3000590-02 COMMERCIAL GENERAL LIABILITY CG25030509 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): Each of your projects away from premises owned by or rented to you as require by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by 'occur- rences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each des- ignated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, ex- cept damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard", and for medi- cal expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Con- struction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Ag- gregate Limit shown in the Declarations nor shall they reduce any other Designated Con- struction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Decla- rations, such limits will be subject to the appli- cable Designated Construction Project Gen- eral Aggregate Limit. CG 25 03 05 09 © Insurance 113 of 437 e, Inc., 2008 Page 1 of 2 0 B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which cannot be attrib- uted only to ongoing operations at a single des- ignated construction project shown in the Sched- ule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Construction Project General Aggre- gate Limit. C. When coverage for liability arising out of the "products -completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard" will reduce the Products -completed Operations Ag- gregate Limit, and not reduce the General Ag- gregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contract- ing parties deviate from plans, blueprints, de- signs, specifications or timetables, the project will still be deemed to be the same construction pro- ject. E. The provisions of Section III — Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 © Insurance 114 of 437 e, Inc., 2008 CG 25 03 05 09 CI RESOLUTION NO. 2017 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH ENSAFE, INC., IN THE AMOUNT OF $115,000 TO ASSIST STAFF WITH OBTAINING REGULATORY APPROVALS AND IMPLEMENTATION OF THE PROPERTY MITIGATION PLAN FOR ENVIRONMENTAL REMEDIATION OF THE WESTSIDE INFILL TRANSIT ORIENTED DEVELOPMENT (WI-TOD) PROJECT SITE LOCATED AT 2100 AND 2020 HOOVER AVENUE, AND FUTURE PARK SITE DEVELOPMENT LOCATED ON THE WEST SIDE OF PARADISE CREEK, PURSUANT TO THE CITY'S OBLIGATION TO THE FORMER REDEVELOPMENT AGENCY TO CARRY OUT THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND PARADISE CREEK HOUSING PARTNERS, LP WHEREAS, on September 6, 2011, the Community Development Commission of the City of National City ("CDC") adopted Resolution No. 2011-201, selecting E2 ManageTech through a competitive process to provide environmental site investigation and remediation support services for the Westside Infill Transit Oriented Development (WI-TOD) site located at 2100 and 2020 Hoover Avenue; and WHEREAS, pursuant to the Agreement with the CDC, which was executed on September 6, 2011, E2 ManageTech prepared a comprehensive Property Mitigation Plan ("PMP") for environmental remediation of the project site; and WHEREAS, EnSafe, Inc. ("Ensafe") is a global provider of environmental, engineering, health and safety, and technology solutions services that provides environmental management and planning solutions in the areas of compliance auditing, cost estimating, due diligence/merger and acquisition support; emergency response and preparedness, environmental compliance and management systems, environmental training, air quality and permitting, hazardous and solid waste permitting and compliance, water permitting, environmental site assessments, and regulatory interpretation/negotiations; and WHEREAS, effective February 3, 2017, EnSafe entered into an Agreement with E2 ManageTech to purchase a portion of the assets that are associated with E2's Environmental Services practice, which is the division of E2 that will continue to provide environmental site investigation and remediation support services for WI-TOD/Paradise Creek Park redevelopment area in National City; and WHEREAS, based on competitive billing rates, intimate knowledge of the project, past performance, including preparation of the PMP and other required environmental documents, and relationship with State and Regional regulatory agencies/staff overseeing the project, staff recommends entering into an Agreement with EnSafe in the amount of $115,000 to assist staff with obtaining final regulatory approvals and implementation of the Property Mitigation Plan for environmental remediation of the WI-TOD Project site located at 2100 and 2020 Hoover Avenue, and future Park site development located on the west side of Paradise Creek. 115 of 437 Resolution No. 2017 — February 21, 2017 Page Two NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement with EnSafe in the amount of $115,000 to assist staff with obtaining final regulatory approvals and implementation of the Property Mitigation Plan for environmental remediation of the WI-TOD Project site located at 2100 and 2020 Hoover Avenue, and future Park site development located on the west side of Paradise Creek. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 21st day of February, 2017. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Ron Morrison, Mayor 116 of 437 CC/CDC-HA Agenda 2/21/2017 — Page 117 The following page(s) contain the backup material for Agenda Item: 2016 Annual Progress Report on the implementation of the Housing Element of the General Plan pursuant to California Government Code Section 65400(a)(2). (Planning) 117 of 437 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 21, 2017 AGENDA ITEM NO. ITEM TITLE: 2016 Annual Progress Report on the implementation of the Housing Element of the General Plan pursuant to California Government Code Section 65400(a)(2). (Planning) PREPARED BY: 'Raymond Pe, Principal Planner PHONE: 1336-4421 EXPLANATION: DEPARTMENT: PIwininvisi APPROVED BY: The California Government Code, Section 65400(a)(2), requires that the City submit an annual progress report on the implementation of the General Plan Housing Element by April 1 of each year to the Governor's Office of Planning and Research and the Department of Housing and Community Development. The annual report provides information on the progress of the City in meeting the City's share of the Regional Housing Needs Assessment for San Diego County as adopted by the San Diego Association of Governments. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. Not Applicable APPROVED: Finance MIS 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: Accept and file the report. BOARD / COMMISSION RECOMMENDATION: Not Applicable ATTACHMENTS: 1. Annual Progress Report. 1118 of 437 I City of National City Housing Element Annual Progress Report January 1 — December 31 2016 The Annual Progress Report consists of the following tables in accordance with California Housing and Community Development reporting requirements. Table A — Table A2 — Table A3 — Annual Building Activity Report Summary Very Low-, Low-, and Mixed -Income Multifamily Projects New Construction Permits Issued Annual Building Activity Report Summary Units Rehabilitated, Preserved, and Acquired Pursuant to Government Code Section 65583.1(c)(1) Annual Building Activity Report Summary Moderate and Above Moderate -Income Units Not included in Table A New Construction Permits Issued Table B — Regional Housing Needs Allocation Progress Permits Issued Table C — Housing Element Program Implementation Status 119 of 437 Table A Annual Building Activity Report Summary Very Low-, Low-, and Mixed -Income Multifamily Projects New Construction Permits Issued in 2016 Project APN, name, or address Unit Category R=Renter O=Owner Affordabi ity by Household Incomes (Units) Total Units Infill Units Assistance Programs Deed Restrictions Affordable without assistance or restrictions Attach ex (planation) ( p ) Very Low- Income Low- Income Moderate Income Above Moderate -Income Paradise Creek WITOD II 5+ R 45 46 1 92 92 TCAC, RDA DDA, Covenant N/A N/A N/A N/A N/A N/A N/A Total Moderate and Above Moderate from Table A3 11 11 11 Total by income Table A/A3 45 46 12 103 103 Total Extremely Low -Income (optional) Table A2 Annual Building Activity Report Summary Units Rehabilitated, Preserved, and Acquired in 2016 Pursuant to Government Code Section 65583.1(c)(1) Activity Type Affordability by Household Incomes Document compliance with Government Code Section 65583.1(c )(1) ExtremelyVeryLow Low -Income Income Low -Income TOTAL UNITS Rehabilitation Preservation of Units At -Risk 163 17 180 Tax -Exempt Bonds on Granger Apartments Acquisition Total Units 180 City of National City 120 of 437 Housing Element Annual Progress Report Table A3 Annual Building Activity Report Summary Moderate and Above Moderate -Income Units Not included in Table A New Construction Permits Issued in 2016 Household Income Single Family 2 - 4 Units 5+ Units Second Unit Mobile Homes Total Infill Units Moderate -Income Above Moderate -Income 11 11 11 Table B Regional Housing Needs Allocation Progress Permits Issued by Year Calendar Year 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Total to Date Remaining RHNA Income Level RHNA Allocation Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Year 11 Extremely Low and Very Low Deed Restricted 465 53 45 98 367 Non -Restricted Low Deed Restricted 353 8 8 245 Non -Restricted Moderate Deed Restricted 327 55 46 101 226 Non -Restricted Above Moderate 718 23 3 9 32 17 143 12 239 479 Total RHNA Allocation 1,863 Total Permitted 31 3 9 32 125 143 103 446 Total Remaining RHNA Need 1,417 City of National City 121 of 437 Housing Element Annual Progress Report Table C Housing Element Program Implementation Status Program Objective Schedule Status 1. Rental Rehabilitation Program. Rehabilitate an average of 10 units per year. Rehabilitate an average of ten units per year for a total of 80 units during the eight- year planning cycle. No rental units rehabilitated during the calendar year. 2. Ownership Housing Rehabilitation Program. Rehabilitate an average of five units per year. Rehabilitate an average of five units per year for a total of 40 units during the eight- year planning cycle. One single-family unit rehabilitated during the calendar year. 3. Code Enforcement Program. Abate an average of 250 cases per year. Abate an average of 250 cases per year for a total of 2,000 cases during the eight- year planning cycle. Over 250 housing -related code violations abated during the calendar year. 4. Housing Inspection Program Inspect an average of 128 units per year. Inspect an average of 128 units per year for a total of 1,024 units during the eight- year planning cycle. 101 housing units were inspected during the calendar year. 5. At -Risk Housing Program. Conserve the affordability of 795 housing units at risk of converting to market rate. Monitor status of at -risk units annually during the eight -year planning cycle. No at -risk units converted to market rate during the calendar year. 6. Housing Choice Voucher (Section 8) Rental Assistance Program. Maintain 911 units of project -based housing and 1,123 tenant -based vouchers. Monitor annually during the eight -year planning cycle. Continued to maintain 137 project -based and 1,022 tenant -based vouchers. 7. Tenant Relocation Program. Relocate any tenants displaced due to code enforcement. Continue to offer the program during the eight -year planning cycle. No tenants were permanently displaced during the calendar year. No families were relocated during the calendar year. 8. Housing Stock Conditions Program. Estimate of the number of dwelling units in need of repair or replacement. Conduct survey annually during the eight- year planning cycle. The last survey was conducted in 2010. 9. Clean-up Events Program. Conduct an average of four events per year. Conduct an average of four events annually for a total of 32 events during the eight -year planning cycle. One large community clean-up on Community Service Day in April 2016 and two in partnership with waste hauler EDCO. 10. Developer Information Program. Update and maintain informational materials as policies, standards, guidelines, and ordinances are amended or adopted. Update as policies, standards, guidelines, and ordinances are amended or adopted during the eight -year planning cycle. Ongoing updates as polices are amended or adopted. 11. GIS Database Program. Update database as new information becomes available in a compatible format. Monitor data sources and update upon availability during the eight -year planning cycle. Ongoing updates to database as needed and as available. City of National City 122 of 437 Housing Element Annual Progress Report Program Objective Schedule Status 12. Community Housing Development Organizations Program. Identify and fund CHDOs to pursue affordable housing projects and programs. Conduct outreach annually as part of the budget process and as funding sources become available during the eight -year planning cycle. Continued to work with San Diego Habitat for Humanity, a certified CHDO, on an Acquisition, Rehabilitation, and Homeownership Program. 13. New Construction Program. Production of housing units to meet the RHNA allocation. Conduct outreach annually as part of the budget and CIP process and as funding sources become available during the eight - year planning cycle. Permits for 103 units were issued during the calendar year. 14. Construction Assistance Program. Development community awareness of available housing programs. Conduct outreach annually as part of the budget and CIP process and as funding sources become available during the eight- year planning cycle. Ongoing through the annual budget and CIP adoption process at public workshops and hearings. 15. Production Priorities Program. Communicate housing policy objectives to prospective developers and encourage and facilitate projects that implement Housing Element policies. Ongoing as part of the pre -application and consultation process during the eight -year planning cycle. Ongoing outreach to communicate policy objectives to prospective developers. 16. Housing Element Annual Report. Submit report to Department of Housing and Community Development prior to the statutory deadline. Prepare and submit annually pursuant to statute during the eight -year planning cycle. The annual progress report was prepared and submitted for the prior calendar year. 17. Design Guidelines Program. Improvement in the quality of design in construction through the implementation of design guidelines. Ongoing as part of the pre -application and consultation process during the eight -year planning cycle. Ongoing implementation during the project consultation and entitlement process. 18. Fair Housing Requirements Program. Implement actions to address fair housing issues through CDBG and HOME activities. Update Al in conjunction with Consolidated Plan updates and implement on ongoing basis during the eight -year planning cycle. Addressed Impediments to Fair Housing through the implementation of the Fair Housing Action Plan as reported in the Consolidated Annual Performance and Evaluation Report to the U.S. Department of Housing and Urban Development. 19. Fair Housing Organizations. Fair housing practices and informed housing consumers and suppliers. Conduct outreach annually as part of the budget and CIP process and as funding sources become available during the eight - year planning cycle. Ongoing fair housing services are provided by CSA San Diego County. 20. Fair Housing Training Program. In new projects of 10 or more units, training of staff in fair housing administration. Refer to contracted providers prior to occupancy of new projects during the eight -year planning cycle. Ongoing fair housing services are provided by CSA San Diego County. City of National City 123 of 437 Housing Element Annual Progress Report Program Objective Schedule Status 21. State Energy Conservation Program. Achieve State energy conservation standards for housing. Conduct on an ongoing basis as part of the development review, permitting, and enforcement processes during the eight - year planning cycle. Ongoing implementation during the project consultation and entitlement process. 22. Community Land Trust (CLT) Program. Allow the establishment of community land trusts as needed. Conduct outreach annually as part of the budget and CIP process and as funding sources become available during the eight- year planning cycle. In 2013, the Housing Element was updated to allow community land trusts. No CLTs were established during the calendar year. 23. Extremely -Low Income Housing Program. Production of 233 units of housing affordable to extremely -low income households. Conduct outreach annually as part of the budget and CIP process and as funding sources become available during the eight- year planning cycle. 12 extremely -low income units were produced during the calendar year at Paradise Creek Apartments Phase I. 24. Land Use Code Monitoring Program. Implementation of the General Plan, including Housing Element policies. Monitor and report annually as part of the General Plan Annual Progress Report during the eight -year planning cycle. The annual progress report was prepared and submitted for the prior calendar year. -- END OF REPORT — City of National City 124 of 437 Housing Element Annual Progress Report CC/CDC-HA Agenda 2/21/2017 — Page 125 The following page(s) contain the backup material for Agenda Item: Investment Report for the quarter ended December 31, 2016. (Finance) 125 of 437 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 21, 2017 AGENDA ITEM NO. ITEM TITLE: Investment Report for the quarter ended December 31, 2016. PREPARED BY: Ronald Gutlay PHONE: 619-336-4346 EXPLANATION: See attached staff report. DEPARTMENT: Finance APPROVED BY: lG (46, FINANCIAL STATEMENT: APPROVED: v f ACCOUNT NO. APPROVED: MIS See attached staff report. ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance STAFF RECOMMENDATION: Accept and File the Investment Report for the Quarter ended December 31, 2016. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Staff Report 2. Investment Listings 1 126 of 437 - CALIFORNIA +-s+ ATI:u. zscoRPoRmop City Council Staff Report February 21, 2017 ITEM Staff Report: Investment Report for the quarter ended December 31, 2016. BACKGROUND The California Government Code (§ 53646())) requires that, when the treasurer or the chief fiscal officer of a local agency renders to the legislative body of the agency a quarterly report on the agency's investment portfolio, such report shall include the following information regarding all securities, investments, and moneys held by the local agency: • type of investment; • issuer (bank or institution); • date of maturity; • dollar amount invested; and >• current market valuation as of the date of the report. In addition, the Government Code (§ 53646(b)(2)) requires that the report state the City's compliance with its investment policy and include a statement regarding the ability of the local agency to meet its pool's ability to meet its expenditure requirements Code (§ 53646(b)(3)). OVERVIEW OF CITY INVESTMENTS The City's pooled investment portfolio balance as of December 31, 2016 is summarized below and compared to the balance as of December 31, 2015. While the balance has decreased, the portfolio's returns have been positive over the period. The reduction in value is the result of cumulative withdrawals over the period exceeding deposits by $550,000. 12/31/2016 12/31/2015 Book Value 1 $ 54,898,130 $ 55,191,905 Market Value 2 $ 54,909,603 3 $ 55,021,553 (1) actual cost of investments (2) amount at which the investments could be sold (3) total includes withdrawals of $3,900,000 plus investment gains since 9/30/2016 The California Treasurer's Local Agency Investment Fund ("LAIF") and The County of San Diego Pooled Money Fund comprise 58,81 % of the City of National City's total investment portfolio (49.61% and 9.20%, respectively). These are liquid investment pools that allow participants to earn market rate returns, while retaining access to funds within 24 to 48 hours of a 127 of 437 Page 2 Staff Report: Investment Report for the quarter ended December 31, 2016. February 21, 2017 withdrawal request with no penalty. The remainder of the City's portfolio is composed of investments that may be liquidated at any time. However, these investments likely do not provide the short liquidity (i.e., quick access to funds) of the pooled money funds, and liquidation/withdrawal of these investments is at the risk of loss and/or penalty to the City. Summaries of the City's investment portfolio are illustrated below. INVESTMENT PORTFOLIO SUMMARY BY ISSUER/MANAGER As of December 31, 2016 Issuer/Manager Local Agency Investment Fund Chandler Asset Management County of San Diego Totals for December 2015 1 includes accrued interest 2 calculated on 30/360 basis Chandler Asset Management $22,614,831 Total Market %of Bock Value Market Vaiue1 YTM Portfolio 27,207,273 $ 27,240,772 2 0.72% 49.61% 22,578,752 $ 22,614,831 1.18% 41.19% 5,112,105 $ 5,054,000 1.12% 9.20% 54,898,130 54,909,803 100.00% TOTAL MARKET VALUE $54,909,603 County of San Diego $5,054,000 Local Agency Investment Fund $27, 240, 772 128 of 437 Page 3 Staff Report: Investment Report for the quarter ended December 31, 2016. February 21, 2017 INVESTMENT PERFORMANCE BY ISSUER/MANAGER For the Quarter Ended December 31, 2016 Total Market Value' Issuer/Manager 9/30/16 12/31/16 Change Yield (Net)3 `Local Agency Investment Fund $ 31,116 776 z $ 27 240,772 i $ (3 876,004). 0.68% 'Chandler Asset Management 22,714 004 22,614,831 i $ (95,173)• NA County of San Diego 5,084,000 ; 5,054,000 $ (30,000), 0.86%: Totals for December 31, 2016 $ 58,910 780 " $ 54,909,603 ' $ (4,001,177).. 1 includes accrued interest 2 Withdrawals 11/29/16 $1,500,000, 11/14/2016 $1,400,000, & 10/4/2016 1,000,000 ' Annualized COMPLIANCE STATEMENT All of the City's investments are in compliance with the City's investment policy (City Council Policy No. 203) and the California Government Code (§ 53601 et seq). FINANCIAL STATEMENT Realized and unrealized gains/(losses) for the period, reflected below, were $81,631. These changes include changes in security market values, gain/(loss) from the sale of assets, accrued interest, and reinvested interest/earnings. Issuer/Manager ' Gain/(Loss) Chandler Asset Management 21,499 County of San Diego 10,957 LAIF 49,176 'Totals for December 31, 2016 ; $ 81,631 The difference between the changes reflected in the previous two tables is attributable to the purchase and sale of securities for which the first of the tables accounts but the second table typically does not (unless an investment is sold before maturity). STAFF CERTIFICATION Staff certifies that there are sufficient funds to meet the pool's expenditure requirements. RECOMMENDATIONS Accept and file the Investment Report for the quarter ended December 31, 2016. 129 of 437 LAIF Regular Monthly Statement Page 1 of 1 Local Agency investment Fund P.O. Box 942809 Sacramento, CA 94209-0001 (916) 653-3001 CITY OF NATIONAL CPtY FINANCE DIRECTOR 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4397 PMIA Average Monthly Yields Account Number: 98-37-576 Tran Tyne Definitions wvrw.treasurer.ca.gov/pmia-lai£/laiLasp January 25, 2017 December 2016 Statement Account Summary Total Deposit: 0.00 Beginning Balance: 27,207,272.57 Total Withdrawal: 0.00 Ending Balance: 27,207,272.57 https://laifms.treasurer.ea.gov/RegularStaten- 130 of 437 1/25/2017 LAIF Regular Monthly Statement Page 1 of 1 Local Agency Investment Fund P.O. Box 942809 Sacramento, CA 94209-0001 (916) 653-3001 CITY OF NATIONAL CITY FINANCE DIRECTOR 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4397 PMIA Averaee Monthly Yields Account Number: 98-37-576 Tran Type Definitions www.treasurer.ca.tov/pmia-laif/laifasn December 15, 2016 November 2016 Statement Effective Transaction Tran Confirm Date Date Type Number Authorized Caller Amount 11/14/2016 11/14/2016 RW 1520515 JAVIERCARCAMO -1,400,000.00 11/29/2016 11/29/2016 RW 1521403 JAVIER CARCAMO -1,500,000.00 Account Summary Total Deposit: 0.00 Beginning Balance: 30,107,272.57 Total Withdrawal: -2,900,000.00 Ending Balance: 27,207,272.57 https://laifms.treasurer.ca.gov/RegularStater 131 of 437 12/15/2016 LAIF Regular Monthly Statement Page 1 of 1 Local Agency Investment Fund P.O. Box 942809 , Sacramento, CA 94209-0001 (916) 653-3001 CITY OF NATIONAL CITY FINANCE DIRECTOR 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 919504397 PMIA Average Monthly Yields Account Number: 98-37-576 Tran Type Definitions Effective Transaction Tran Confirm Date Date Type Number Authorized Caller Amount 10/4/2016 10/4/2016 RW 1515515 JAVIER CARCAMO-I,000,000.00 10/14/2016 10/13/2016 QRD 1516322 SYSTEM 52,641.42 Account Summary Total Deposit: 52,641.42 Beginning Balance: Total Withdrawal: -1,000,000.00 Ending Balance: www.treasurer.ca.t ov/pmia-laifliaillasn November 16, 2016 October 2016 Statement 31,054,631.15 30,107,272.57 https://laifms.treasurer.ca.gov/RegularStater 132 of 437 11 /16/20 16 Untitled Page Page 1 of 1 BETTY T. YEE California State Controller LOCAL AGENCY INVESTMENT FUND REMITTANCE ADVICE Agency Name Account Number NATIONAL CITY 98-37-576 As of 01/13/2017, your Local Agency Investment Fund account has been directly credited with the interest earned on your deposits for the quarter ending 12/31/2016. Earnings Ratio Interest Rate Dollar Day Total Quarter End Principal Balance Quarterly Interest Earned $ .00001851848158529 0.68% 2,655,484,737.98 27,207,272.57 49,175.55 http://laif.sco.ca.gov/Result.aspx 133 of 437 1/25/2017 CI„ I CHANDLER A.SSL I N1ANAGLr1LNT Monthly Account Statement City of National City December 1, 2016 through December 31, 20 0 6 Chandler Team For questions about your account, please can (800) 317-4747 or Email operations@chandlerasset.com Custodian Bank of New York Mellon L.auren Dehner (904)645-1918 Information contained herein is confidential. We urge you to compare this statement to the one you receive from yccur qualified custodian. Prices are provided by I0C, an independent pricing source. 6225 Lusk Boulevard I A 92121 - .317.4747 Fax 858. wiwwc and erasset.co 134 of 437 City of National City :11 Account #10162 Portfolio Summary As of 12/31 /2016 PORTFOLIO CHARACTERISTICS ACCOUNT SUMMARY TOP ISSUERS Average Duration Average Coupon Average Purchase YTM Average Market YTM Average S&P/Moody Rating Average Final Maturity Average Life 1.70 1.13 1.16 1.18 % AA+/Aaa 1.74 yrs 1.74 yrs Market Value Accrued Interest Total Market Value Income Earned Cont/WD Par Book Value Cost Value Beg. Values as of 11/30/16 22,544,955 59,423 22,604,378 21,002 22,590,547 22,577,337 22,577,337 End Values as of 12/31116 22,551,840 62,991 22,614,831 21,499 -1,847 22,607, 319 22,578,752 22, 578,752 Issuer Government of United States Federal National Mortgage Assoc Federal Home Loan Bank Federal Home Loan Mortgage Corp Federal Farm Credit Bank Intl Bank Recon and Development Berkshire Hathaway Apple Inc % Portfolio 31.2 % 18.6 % 15.1 % 14.6 % 8.6 % 2.0 % 1.3 % 1.2 % 92.6 % SECTOR ALLOCATION MATURITY DISTRIBUTION CREDIT QUALITY (S&P) us Corporate (9.8 %) Money Market Fund FI (0.1 %) Agency (56.9 %) US Treasury (31.2 %) Supranatlonal (2.0 %) 50% 40% 30% 20% 10% 40.5% 3.4 4.5 5+ Maturity (Yrs) AA (92.9 %) PERFORMANCE REVIEW Total Rate of Return As of 12/31/2016 Current Month Latest Year 3 Months To Date 1 Yr Annualized 3 Yrs Since 5 Yrs 10 Yrs 2/29/2012 2/29/2012 City of National City 0.05 °A, -0.39 °A) 1.13 % 1.13 % •0.78 % NIA N/A 0.67 3.27 % BAML 1-3 Yr US Treasury/Agency Index 0.03 % -0.43 % 0.89 0.89% 0.69% N/A N/A 0.60 % 2.95 % Chandler Asset Management. CONFIDENTIAL 135 of 437 Execution Time: 1/3/2017 7:33:16 PM CA City of National City December 31, 2016 COMPLIANCE WITH INVESTMENT POLICY Assets managed by Chandler Asset Management are in full compliance with State law and with the City's investment policy. Category Standard Comment Municipal Securities BBB rated equivalent by a NRSRO or 4th highest generar classification by a NRSRO; 30% maximum Complies Treasury Issues No Limitation Complies Agency Issues No Limitation Complies Supranationals "AA" rated or higher by a NRSRO; 30% maximum; U.S. dollar denominated; Issued by: IBRD, IFC, IADB Complies Banker's Acceptances "A-1" rated or higher by at least two NRSROs; and "A" rated long term debt by two NRSROs; 40% maximum; 180 days max maturity; Complies Commercial Paper* "A-1" rated or higher by at least two NRSROs; and "A" rated long term debt by two NRSROs; 25% maximum; 270 days max maturity; Complies FDIC insured Time Deposits/ Certificates of Deposit Amount per institution limited to the max covered under FDIC; 30% maximum combined certificates of deposit including CDARS Complies Negotiable Certificates of Deposit* "A" rated or higher by at least two NRSROs; and/or have short term debt rated "Al" or higher by at least two NRSROs: 30% maximum Complies Medium Term Notes* "A" rated or better by at least two NRSROs; 30% maximum; Issued by corporations organized and operating within the U.S. Complies *Combined exposure 10% combined total exposure to Commercial Paper, Negotiable Certificates of Deposit, and Medium Term Notes Complies Money Market Mutual Funds AAA rated or equivalent by at least two NRSROs; 20% maximum; SEC registered with assets under management in excess of $500 milion Complies Mortgage Pass-throughs, CMOs and Asset Backed Securities "AA" rated or better by two NRSROS; "A" rated or higher for the issuer's debt by two NRSROs; 20% maximum Complies Local Agency Investment Fund - L.A.I.F. maximum LA1F program; Currently not used by investment adviser Complies Prohibited Securities Inverse floaters; Ranges notes; Interest -only strips from mortgaged backed securities; Zero interest accrual securities; Reverse Repurchase Agreements; Foreign currency denominated sec Complies Callable Securities 20% maximum (does not include "make whole call" securities) Complies Maximum Issuer 5% max (except US Government, its agencies and enterprises) Complies Maximum maturity 5 years Complies 136 of 437 City of National City Account #10162 Income Earned 11/30/16 Thru 12/31/16 CUSIP Security Description Trade Date Book Value: Begin Prior Accrued Accr. Of Discount Settle Date Book Value: Acq Inc. Received Amort. Of Premium Units Book Value: Disp Ending Accrued Net Accret/Amort Book Value: End Total Interest Income Earned Unreal G/L Total Income Fixed Income 037833AQ3 Apple Inc Note 2.1% Due 05/06/2019 05/04/2016 05/09/2016 270,000.00 276,928.20 0.00 0.00 276,928.20 393.75 0.00 866.25 472.50 0.00 0.00 0.00 472.50 0.00 472.50 084670BD9 Berkshire Hathaway Note 1.9% Due 01/31/2017 291,429.60 1,820.04 0.00 06/17/2014 0.00 0.00 0.00 06/20/2014 0.00 2,271.29 0.00 285,000.00 291,429.60 451.25 451.25 0.00 451.25 166764AA8 Chevron Corp Callable Note Cont 11/5/17 1.104% Due 12/05/2017 259,703.60 1,403.31 0.00 05/19/2014 0.00 1,435.20 0.00 05/22/2014 0.00 207.31 0.00 260,000.00 259,703.60 239.20 239.20 0.00 239.20 3130A4GJ5 FHLB Note 1.125% Due 04/25/2018 451,689.00 506.25 0.00 Various 0.00 0.00 0.00 Various 0.00 928.13 0.00 450,000.00 451,689.00 421.88 421.88 0.00 421.88 3130A7CV5 FHLB Note 1.375% Due 02/18/2021 490,960.40 1,927.67 0.00 10/13/2016 0.00 0.00 0.00 10/14/2016 0.00 2,489.13 0.00 490,000.00 490,960.40 561.46 561.46 0.00 561.46 3130A8PK3 FHLB Note 0.625% Due 08/07/2018 08/30/2016 08/31/2016 455,000.00 452,684.05 0.00 0.00 452,684.05 900.52 0.00 1,137.50 236.98 0.00 0.00 0.00 236.98 0.00 236.98 313371PV2 FHLB Note Due 12/09/2016 494,668.80 3,726.67 0.00 02/29/2012 0.00 3,900.00 0.00 03/01/2012 494,668.80 0.00 0.00 0.00 0.00 173.33 173.33 0.00 173.33 3133782M2 FHLB Note 1.5% Due 03/08/2019 05/28/2015 05/29/2015 440,000.00 443,207.60 0.00 0.00 443,207.60 1,521.67 0.00 2,071.67 550.00 0.00 0.00 0.00 550.00 0.00 550.00 313378A43 FHLB Note 1.375% Due 03/09/2018 09/17/2013 09/18/2013 470,000.00 464,472.80 0.00 0.00 464,472.80 1,472.01 0.00 2,010.56 538.55 0.00 0.00 0.00 538.55 0.00 538.55 313379DD8 FHLB Note 1% Due 06/21/2017 566,553.75 2,511.11 0.00 03/14/2014 0.00 2,825.00 0.00 03/17/2014 0.00 156.94 0.00 565,000.00 566,553.75 470.83 470.83 0.00 470.83 Chandler Asset Management - CONFIDENTIAL 137 of 437 Execution Time: 113/2017 7:33:16 PM fAlk City of National City j Account #10162 Income Earned 11/30/16 Thru 12/31/16 CUSIP Security Description Trade Date Book Value: Begin Prior Accrued Accr. Of Discount Settle Date Book Value: Acq Inc. Received Amort. Of Premium Units Book Value: Disp Ending Accrued Net Accret/Amort Book Value: End Total Interest Income Earned Unreal G/L Total Income 313380FB8 FHLB Note 1.375% Due 09/13/2019 Various Various 540,000.00 536,816.60 0.00 0.00 536,816.60 1,608.75 0.00 2,227.50 618.75 0.00 0.00 0.00 618.75 0.00 618.75 3133EEJ50 FFCB Note 1.03% Due 05/11/2018 449,145.00 05/05/2015 0.00 05/11 /2015 0.00 450,000.00 449,145.00 257.50 0.00 643.75 386.25 0.00 0.00 0.00 386.25 0.00 386.25 3133EFAN7 FFCB Note 0.75% Due 04/24/2617 551,045.00 09/23/2015 0.00 09/24/2015 0.00 550,000.00 551,045.00 423.96 0.00 767.71 343.75 0.00 0.00 0.00 343.75 0.00 343.75 3133EFSJ7 FFCB Note 1.3% Due 12/14/2018 549,279.50 3,316.81 0.00 12/10/2015 0.00 3,575.00 0.00 12/14/2015 0.00 337.64 0.00 550,000.00 549,279.50 595.83 595.83 0.00 595.83 3133EFW52 FFCB Note 1.15% Due 07/01/2019 401,956.00 1,916.67 0.00 04/08/2016 0.00 0.00 0.00 04/11/2016 0.00 2,300.00 0.00 400,000.00 401,956.00 383.33 383.33 0.00 383.33 3135G0D75 FNMA Note 1.5% Due 06/22/2020 12/17/2015 12/21/2015 575,000.00 568,778.50 0.00 0.00 568,778.50 3,809.38 4,312.50 215.63 718.75 0.00 0.00 0.00 718.75 0.00 718.75 3135G0E33 FNMA Note 1.125% Due 07/20/2018 449,689.56 1,842.19 0.00 Various 0.00 0.00 0.00 Various 0.00 2,264.06 0.00 450,000.00 449,689.56 421.87 421.87 0.00 421.87 3135G0E58 FNMA Note 1.125% Due 10/19/2018 397,010.55 518.44 0.00 09/14/2016 0.00 0.00 0.00 09/15/2016 0.00 888.75 0.00 395,000.00 397,010.55 370.31 370.31 0.00 370.31 3135G0GY3 FNMA Note 1.25% Due 01/30/2017 409,328.00 1,680.56 0.00 09/17/2012 0.00 0.00 0.00 09/18/2012 0.00 2,097.22 0.00 400,000.00 409,328.00 416.66 416.66 0.00 416.66 3135G0MZ3 FNMA Note 0.875% Due 08/28/2017 535,429.80 1,231.93 0.00 08/15/2013 0.00 0.00 0.00 08/20/2013 0.00 1,629.32 0.00 545,000.00 535,429.80 397 39 397.39 0.00 397.39 3135G0RT2 FNMA Note 0.875% Due 12/20/2017 07/31/2015 07/31/2015 350,000.00 350,044.80 0.00 0.00 350,044.80 1,369 62 1,531.25 93.58 255.21 0.00 0.00 0.00 255.21 0.00 255.21 Chandler Asset Management - CONFIDENTIAL 138 of 437 Execution Time: 1/3/2017 7:33:16 PM CA% City of National City Account #10162 Income Earned 11/30/16 Thru 12/31/16 CUSIP Security Description Trade Date Book Value: Begin Prior Accrued Accr. Of Discount Settle Date Book Value: Acq Inc. Received Amort. Of Premium Units Book Value: Disp Ending Accrued Net Accret/Amort Book Value: End Total Interest Income Earned Unreal G/L Total Income 3135G0TG8 FNMA Note 0.875% Due 02/08/2018 12/11/2013 12/12/2013 590,000.00 579,757.60 0.00 0.00 579,757.60 1,620.45 0.00 2,050.66 430.21 0.00 0.00 0.00 430.21 0.00 430.21 3135G0WJ8 FNMA Note 0.875% Due 05/21/2018 05/05/2015 05/06/2015 450,000.00 447,472.80 0.00 0.00 447,472.80 109.38 0.00 437.50 328.12 0.00 0.00 0.00 328.12 0.00 328.12 3135G0YT4 FNMA Note 1.625% Due 11/27/2018 446,141.96 79.44 0.00 08/31/2015 0.00 0.00 0.00 08/31/2015 0.00 675.28 0.00 440,000.00 446,141.96 595.84 595.84 0.00 595.84 3137EADCO FHLMC Note 1 % Due 03/08/2017 538,386.55 1,233.47 0.00 08/20/2012 0.00 0.00 0.00 08/21/2012 0.00 1,679.31 0.00 535,000.00 538,386.55 445.84 445.84 0.00 445.84 3137EADK2 FHLMC Note 1.25% Due 08/01/2019 446,149.35 1,875.00 0.00 05/05/2015 0.00 0.00 0.00 05/06/2015 0.00 2,343.75 0.00 450,000.00 446,149.35 468.75 468.75 0.00 468.75 3137EADLO FHLMC Note 1% Due 09/29/2017 527,709.00 904.17 0.00 09/23/2015 0.00 0.00 0.00 09/24/2015 0.00 1,341.67 0.00 525,000.00 527,709.00 437.50 437.50 0.00 437.50 3137EADM8 FHLMC Note 1.25% Due 10/02/2019 444,822.75 921.88 0.00 05/05/2015 0.00 0.00 0.00 05/06/2015 0.00 1,390.63 0.00 450,000.00 444,822.75 468.75 468.75 0.00 468.75 3137EADN6 FHLMC Note 0.75% Due 01/12/2018 480,954.59 1,418.96 0.00 07/28/2014 0.00 0.00 0.00 07/29/2014 0.00 1,725.21 0.00 490,000.00 480,954.59 306.25 306.25 0.00 306.25 3137EADP1 FHLMC Note 0.875% Due 03/07/2018 397,552.00 816.67 0.00 02/26/2015 0.00 0.00 0.00 02/27/2015 0.00 1,108.33 0.00 400,000.00 397,552.00 291.66 291.66 0.00 291.66 3137EADR7 FHLMC Note 1.375% Due 05/01/2020 460,332.60 521.35 0.00 08/24/2016 0.00 0.00 0.00 08/25/2016 0.00 1,042.71 0.00 455,000.00 460,332.60 521.36 521.36 0.00 521.36 36962G6K5 General Electric Capital Corp Note 1.6% Due 11/20/2017 11/24/2014 11/28/2014 270,000.00 272,208.60 0.00 0.00 272,208.60 132.00 0.00 492.00 360.00 0.00 0.00 0.00 360.00 0.00 360.00 Chandler Asset Management - CONFIDENTIAL 139 of 437 Execution Time: 1/3/2017 7:33:16 PM ICity of National City Account #10162 Income Earned 11/30/16 Thru 12/31/16 CUSIP Security Description Trade Date Book Value: Begin Prior Accrued Accr. Of Discount Settle Date Book Value: Acq Inc. Received Amort. Of Premium Units Book Value: Disp Ending Accrued Net Accret/Amort Book Value: End Total Interest Income Earned Unreal G/L Total Income 459058ER0 Intl. Bank Recon & Development Note 1% Due 10/05/2018 03/30/2016 03/31/2016 450,000.00 449,667.00 0.00 0.00 449,667.00 700.00 0.00 1,075.00 375.00 0.00 0.00 0.00 375.00 0.00 375.00 594918BF0 Microsoft Note 1.3% Due 11/03/2018 10/29/2015 11/03/2015 130,000.00 129,870.00 0.00 0.00 129, 870.00 131.44 0.00 272.28 140.84 0.00 0.00 0.00 140.84 0.00 140.84 747525AG8 Qualcomm Inc Note 1.4% Due 05/18/2018 219,205.80 94.11 0.00 06/16/2015 0.00 0.00 0.00 06/19/2015 0.00 350.78 0.00 220,000.00 219,205.80 256.67 256.67 0.00 256.67 808513AK1 Charles Schwab Corp Callable Note Cont 2/10/2018 1.5% Due 03/10/2018 251, 547.50 843.75 0.00 04/07/2015 0.00 0.00 0.00 04/10/2015 0.00 1,156.25 0.00 250,000.00 251,547.50 312.50 312.50 0.00 312.50 91159HHD5 US Bancorp Callable Note Cont 4/15/2017 1.65% Due 05/15/2017 254,227.50 183.33 0.00 05/19/2014 0.00 0.00 0.00 05/22/2014 0.00 527.08 0.00 0.00 250,000.00 254,227.50 343.75 343.15 343.75 912828L32 US Treasury Note 1.375% Due 08/31/2020 242,475.80 838.67 0.00 08/30/2016 0.00 0.00 0.00 08/31/2016 0.00 1,121.27 0.00 240,000.00 242,475.80 282.60 282.60 0.00 282.60 912828L40 US Treasury Note 1% Due 09/15/2018 10/29/2015 11/02/2015 450,000.00 449,667.52 0.00 0.00 449,667.52 957.18 0.00 1,342.54 385.36 0.00 0.00 0.00 385.36 0.00 385.36 912828M98 US Treasury Note 1.625% Due 11/30/2020 11/29/2016 11/30/2016 570,000.00 568,331.99 0.00 0.00 568,331.99 25.45 0.00 814.29 788.84 0.00 0.00 0.00 788.84 0.00 788.84 912828S43 US Treasury Note 0.75% Due 07/15/2019 434,780.56 1,232.30 08/01/2016 0.00 0.00 08/02/2016 0.00 1,507.13 435,000.00 434,780.56 274.83 0.00 0.00 0.00 274.83 0,00 274.83 912828SD3 US Treasury Note 1.25% Due 01/31/2019 401,095.09 1,671.20 0.00 04/29/2015 0.00 0.00 0.00 04/30/2015 0.00 2,092.39 0.00 400,000.00 401,095.09 421.19 421.19 0.00 421.19 912828ST8 US Treasury Note 1.25% Due 04/30/2019 449,676.31 481.70 0.00 Various 0.00 0.00 0.00 Various 0.00 963.40 0.00 450,000.00 449,676.31 481.70 481.70 0.00 481.70 Chandler Asset Management - CONFIDENTIAL 140 of 437 Execution Time: 1/3/2017 7:33:16 PM 41kikCity of National City 1 Account #10162 Income Earned 11/30/16 Thru 12/31/16 CUSIP Security Description Trade Date Book Value: Begin Prior Accrued Accr. Of Discount Settle Date Book Value: Acq Inc. Received Amort. Of Premium Units Book Value: Disp Ending Accrued Net Accret/Amort Book Value: End Total Interest Income Earned Unreal G/L Total Income 912828SY7 US Treasury Note 0.625% Due 05/31/2017 03/14/2014 03/17/2014 500,000.00 496,290.74 0.00 0.00 496,290.74 8.59 0.00 274.73 266.'14 0.00 0.00 0.00 266.14 0.00 266.14 912828TH3 US Treasury Note 0.875% Due 07/31/2019 398,204.46 03/30/2016 0.00 03/31/2016 0.00 400,000.00 398,204.46 '1,169.84 0.00 1,464.67 294.83 0.00 0.00 0.00 294.83 0.00 294.83 912828TW0 US Treasury Note 0.75% Due 10/31/2017 02/16/2016 02/17/2016 500,000.00 500,138.39 0.00 0.00 500,138.39 321.13 0.00 642.27 321.14 0.00 0.00 0.00 321.14 0.00 321.14 912828UB4 US Treasury Note 1% Due 11/30/2019 443,181.20 12.36 0.00 10129/2015 0.00 0.00 0.00 11/02/2015 0.00 395.60 0.00 450,000.00 443,181.20 383.24 383.24 0.00 383.24 912828UL2 US Treasury Note 1.375% Due 01/31/2020 0.00 0.00 0.00 12/08/2016 489,312.58 (2,398.40) 0.00 12/09/2016 0.00 2,819.50 0.00 490,000.00 489,312.58 421.10 421.10 0.00 421.10 912828UU2 US Treasury Note 0.75% Due 03/31/2018 510,637.68 664.29 0.00 09/03/2014 0.00 0.00 0.00 09/04/2014 0.00 996.43 0.00 0.00 520,000.00 510,637.68 332.14 332.14 332.14 912828UV0 US Treasury Note 1.125% Due 03/31/2020 05/25/2016 05/27/2016 400,000.00 398,423.22 0.00 0.00 398,423.22 766.48 0.00 1,149.73 383.25 0.00 0.00 0.00 383.25 0.00 383.25 912828UZ1 US Treasury Note 0.625% Due 04/30/2018 411,180.30 222.12 0.00 Various 0.00 0.00 0.00 Various 0.00 444,24 0.00 415,000.00 411,180.30 222.12 222.12 0.00 222.12 912828VK3 US Treasury Note 1.375% Due 06/30/2018 02/26/2015 02/27/2015 400,000.00 402,954.47 0.00 0.00 402.954.47 2,301.63 2,750.00 15.19 463.56 0.00 0.00 0.00 463.56 0.00 463.56 912828XK1 US Treasury Note 0.875% Due 07/15/2018 448.560.10 '1,487.26 0.00 07/31/2015 0.00 0.00 0.00 07/31/2015 0.00 1,818.95 0.00 450,000.00 448,560.10 331.69 331.69 0.00 331.69 94974BFG0 Wells Fargo Corp Note 1.5% Due 01/16/2018 11/24/2014 11/28/2014 270,000.00 269,365.50 0.00 0.00 269,365.50 1,518.75 0.00 1,856.25 337.50 0.00 0.00 0.00 337.50 0.00 337.50 Chandler Asset Management - CONFIDENTIAL 141 of 437 Execution Time: 1/3/2017 7:33:16 PM '0i City of National City Account #10162 Income Earned 11/30/16 Thru 12/31/16 CUSIP Security Description Trade Date Book Value: Begin Prior Accrued Accr. Of Discount Settle Date Book Value: Acq Inc. Received Amort. Of Premium Units Book Value: Disp Ending Accrued Net Accret/Amort Book Value: End Total Interest Income Earned Unreal G/L Total Income TOTAL Fixed Income 22,585,000.00 22,561,790.04 489,312.58 494,668.80 22,556,433.82 59,423.16 17,930.55 62,990.96 21,498.35 0.00 0.00 0.00 21,498.35 0.00 21,498.35 Cash & Equivalent 60934N807 Federated Prime Value Oblig Govt Oblig Fund Inst. 15,546.77 0.00 Various 8,618.73 0.76 Various 1,846.89 0.00 22,318.61 22,318.61 0.76 0.00 0.00 0.00 0.76 0.00 0.76 TOTAL Cash & Equivalent 22,318.61 15,546.77 8,618.73 1,846.89 22,318.61 0.00 0.76 0.00 0.76 0.00 0.00 0.00 0.76 0.00 0.76 TOTAL PORTFOLIO 22,607,318.61 22,577,336.81 497,931,31 496,515,69 22,578,752.43 59,423.16 17,931.31 62,990.96 21,499.11 0.00 0.00 0.00 21,499.11 0.00 21,499.11 Chandler Asset Management - CONFIDENTIAL 142 of 437 Execution Time: 1/3/2017 7:33:16 PM 1. r COUNTY QF'SAN DIIE40 iNVESTWIENT POOL TREASURY IN , ESTIVIENT RESULTS \A6i.v County of San Diego Treasurer -Tax Collector 1600 Pacific Hwy, San Diego, CA 92101 www.sdtreastax.com 143 of 437 SUMMARY PORTFOLIO STATISTICS Asset Backed Securities CDARS Collateralized CDs Commercial Paper Disc FDIC CDs Federal Agency - Step Up Federal Agency Amer Callable Federal Agency Berm Callable Federal Agency Coupon Securities Federal Agency Euro Callable Money Market Accounts Negotiable CDs Repurchase Agreements Supranational Callable Supranalionats Treasury Coupon Securities Totals for December 2016 Totals for November 2016 Change From Prior Month Portfolio Effective Duration Book Value Market Value County of A Par Value Book Value 137,285,000 137,169,262 10 nnr 0a) 10,000,000 45,000,000 45,000,000 2,325,000,000 2,316,460,903 849,500 849,500 335,945,000 335,945,000 50,000,000 50,000,000 369,535,000 369,477,090 1,035,000,000 1,038,416,712 525,000,000 524,999,773 507,800,000 507,800,000 2,828,500,000 2,828,500,000 7,914,929 7,914,929 181, 350, 000 181, 340, 963 244,500,000 243,751,507 839,000,000 843,273,060 9,442,679,429 9,440,898,699 San Diego Pooled Money Fund s of December 31, 206 Market Value 137,035,375 10,000,000 45,000,000 2,311,425,545 849,500 330,770,795 49,800,500 367,379,441 1,031,953,180 520,219,950 507,905,000 2,828,500,000 7,914,929 180,433,750 241,716,595 840,179,600 9,411,084,180 % of Portfolio 1.45 0.11 0.48 24.54 0.01 3.56 0.53 3.91 11.00 5.56 5.38 29.96 0.08 1.92 2.58 8.93 100.00 Market Price 99.818 100.000 100.000 99.416 100.000 98.460 99.601 99.417 99.721 99.090 100.021 100.000 100.000 99.495 98.865 100.144 99.628 WAM WAC 943 - 141 - 94 110 139 1,718 806 714 745 943 1 112 1 1,006 757 676 401 88 76 65 91 176 148 53 103 YTM 1,222 0.644 0.609 1.141 0.562 1.885 1.290 1.163 1.131 1.264 0.322 1.125 0.010 1.225 1.157 1.024 1.115 Accrued Unrealized YTW Interest GairLoss 60,024 (133,886) 3,547 - 2,980 - (5,035,358) 1.222 0.644 0.609 1.141 0.562 1.422 1.290 1.163 1.131 1.264 0.322 1.125 0.010 1.225 1.100 1.024 1.097 430 1,151,157 184,583 580,883 2,968,330 1,295,659 102,941 7,530,623 6 387,777 414,996 3,236,893 17,920,829 (5,174,205) (199,500) (2,097,649) (6,463,533) (4,779,823) 105,000 (907,213) (2,034,912) (3,093,460) (29,814,539) 7,941,885,673 7,944,5441,909 7,919,180,592 100.00 99.674 423 124 1.050 1.030 16,453,617 (25,368,317) 1,500,793,757 1,496,349,790 1,491,903,568 (0.046) (22) (21) 0.065 0.067 1,467,212 (4,446,222) 0.93 years Monthly Return 0.088% 0.088% Annualized 1.038% 1.041% Fiscal Year To Dale Retum 0.496% 0.496% Annualized 0.983% 0.984% Calendar Year To Date Retum 0.853% 0.853% Annualized 0.850% 0.850% Note Yield to mature,/ (Y116 is the estimated rate of return on a bwrd given its purchase price, assuming el coupon payments are made an a timely basis and reinvested at this same rate of return to the maturely date. Yield to cal (WC) is the estimated rate o1 return on a bond given is purchase price, assuming al coupon payments are made on a timely basis and renvested at this same rate of return to the cal date. Yield to worst (Yrw) is the lesser of yield to maturity or yield to cal, reflecting the optionally of the bond issuer. Yields for the podia° are aggregated based on the book value of each security. ' Al kwesbtrerds hell during the month of December 2016 were in compliance with the kaestment Poky dated January 1, 2016. 3 144 of 437 Page 1 of 2 ORGLOO46 COSD General Ledger Activity Report Run Date:01/10/17 12:11:11 Page: 1 of 2 Report Parameters Currency : U5D Fund Low : 44077 Fund High : 44077 Org Low Org High • Dept • Account Low • Account High • Period : DEC-16 Balance Type : Actual 0RGL0046 COSD General Ledger Activity Report Run Date 01/10/17 12:11:11 Period DEC-16 Page: 2 of 2 Org SOURCE CATEGORY NAME DESCRIPTION LINE ITEM SOURCE ITEM GL DATE DEBITS CREDITS FUND 44077 NATIONAL CITY INVESTMENT FUND ACCOUNT : 10100 CASH IN TREASURY ACCOUNT : 34100 FUND BALANCE AVAILABLE - ACTUAL BASIS ACCOUNT : 80468 INTEREST RECEIPTS Beginning Balance : 5,101,147.95 Total : Ending Balance : Beginning Balance : Total : Ending Balance : Beginning Balance : Total : Ending Balance : Grand Total 0.00 5,101,147.95 0.00 5,090,049.69 0.00 0.00 5,090,049.69 11,098.26 0.00 0.00 11,098.26 0.00 0.00 file:///C:/Users/rgutlay/AppData/Local/M icrosoft/Windows/Te 145 of 437 Aernet%20Files./Content.Outlook/N6UKP3Z6/Fun... 1/25/2017 Page 1 of 2 ORGL0046 COSD General Ledger Activity Report Run Date:02/07/17 14:43:09 Page: 1 of 3 Report Parameters Currency : USD Fund Low : 44077 Fund High : 44077 Org Low Org High Dept Account Low • Account High Period : JAN-17 Balance Type : Actual ORGL0046 COSD General Ledger Activity Report Run Date 02/07/17 14:43:09 Period JAN-17 Page: 2 of 3 Org SOURCE CATEGORY NAME DESCRIPTION LINE ITEM SOURCE ITEM GL DATE DEBITS CREDITS FUND 44077 NATIONAL CITY INVESTMENT FUND ACCOUNT : 10100 CASH IN TRFARURY Beginning Balance : 5,101,147.95 00000 DEFAULT MassAllocation Cash Allocation INTEREST CASH DISTRIHUT INTEREST APPORTIONMENT 20-JAN-17 10,956.98 0.00 Total 10,956.98 0.00 Ending Balance : 5,112,104.93 ACCOUNT : 10750 DUE FROM / DUE TO - INTEREST Beginning Balance : 0.00 APPORTIONMENT 00000 DEFAULT MassAllocation Cash Allocation INTEREST CASH DISTRIBUT Intracompany balancing 20-JAN-17 0.00 10,956.96 00000 DEFAULT MassAllocation Interest Allocatio INTEREST EARNINGS DISTR Intracompany balancing 20-JAN-17 10,956.98 0.00 ACCOUNT : 34100 FUND BALANCE AVAILABLE - ACTUAL BASIS ACCOUNT 44105 INTEREST ON DEPOSITS&INV file:// /C:/U sers/rgutlay/AppDatalLocal/MicrosoftlW indows/Te 146 of 437 Total : Ending Balance : Beginning Balance : Total : Ending Balance : 10,956.98 10,956.98 0.00 5,090,049.69 0.00 0.00 5,090, 049.69 Beginning Balance : 0.00 nternet%20Fi1es/Content.Outlook/N6UKP3Z6/Fund... 2/8/2017 Page 2 of 2 00000 DEFAULT MassAllocation Interest Allocatio INTEREST TRANSFER FOR T TRANSFER INTEREST FROM 00000 DEFAULT MassAllocation Interest Allocatio INTEREST EARNINGS DISTR DISTRIBUTE INTEREST EA 20-JAN-17 20-JAN-17 Total : 10,956.98 0.00 0.00 10,956.98 10,956.98 10,956.98 Ending Balance : 0.00 0RGL0046 COSD General Ledger Activity Report Run Date 02/07/17 14:43:09 Period JAN-17 Page: 3 of 3 Org SOURCE CATEGORY NAME DESCRIPTION LINE ITEM SOURCE ITEM GL DATE DEBITS CREDITS FUND 44077 NATIONAL CITY INVESTMENT FUND ACCOUNT : 80468 INTEREST RECEIPTS Beginning Balance : 11,098.26 00000 DEFAULT MassAllocation Interest Allocatio INTEREST TRANSFER FOR T TRANSFER INTEREST FROM 20-JAN-17 0.00 10,956.98 Total : 0.00 10,956.98 Ending Balance : 22,055.24 ***End Of Report*** Grand Total 32,870.94 32,870.94 file : ///C:/Users/rgutlay/AppData/Local/Micro soft/Windows/Te 147 of 437 nternet%20Files/Content.Outlook/N6UKP3 Z6/Fund... 2/8/2017 CC/CDC-HA Agenda 2/21/2017 — Page 148 The following page(s) contain the backup material for Agenda Item: Warrant Register #25 for the period of 12/14/16 through 12/20/16 in the amount of $1,977,749.29. (Finance) 148 of 437 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 21, 2017 AGENDA ITEM NO. ITEM TITLE: Warrant Register #25 for the period of 12/14/16 through 12/20/16 in the amount of $1,977,749.29. (Finance) PREPARED BY: K. Apalategui DEPARTMENT: Finance . PHONE: F>19-336-4572 ,� APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 12/14/16 through 12/20/16. Consistent with Department of Finance, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Tyler Technologies Inc 326800 57,457.15 Eden Support FY 2017 Public Emp Retirement System 12142016 408,131.22 Service Period 11/22/16 — 12/05/16 US Bank 259380 61,926.50 PARS Defined Benefits / C. Silva FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $1,977,749.29. APPROVED: 1 APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Ratify warrants totaling $1,977,749.29. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #25 149 of 437 PAYEE WILLIAMS, C AFLAC ALERT ALL CORPORATION ALOCA SIGNAGE ALPHA PROJECT FOR THE HOMELESS ARILLO, J ARJIS AT&T AT&T AT&T MOBILITY AT&T MOBILITY ATKINS NORTH AMERICA INC BARAJAS, V BAVENCOFFJR,O BICKMORE BJ'S RENTALS BOOT WORLD CAL UNIFORMS INC CALIFA GROUP CALIFORNIA COMMERCIAL SECURITY CARAVANTES,S CITY OF NATIONAL CITY CITY OF SAN DIEGO CLEAN HARBORS CLF WAREHOUSE COHERO CORDERO, E COUNTY OF SAN DIEGO COX COMMUNICATIONS CSAC EXCESS INS AUTHORITY DANIELS TIRE SERVICE DAY WIRELESS SYSTEMS DELL MARKETING L P DEPARTMENT OF JUSTICE E2 MANAGE TECH INC EXPERIAN FLEET SERVICES INC GONZALEZ. A GOVCONNECTION INC GOVERNMENT FINANCE OFFICERS ASSOC GOVERNMENT FINANCE OFFICERS ASSOC GRAINGER GREEN PRO SOLUTIONS GROSSMAN PSYCHOLOGICAL GTC SYSTEMS INC HDL COREN & CONE HINDERLITER DE LLAMAS & ASSOC JERAULDS CAR CARE CENTER JOHN STUCKEY �►�b»dl$Ax� WARRANT REGISTER #25 12/20/2016 DESCRIPTION EVOC TRAINING EXP/PD AFLAC ACCT BDM36 / JANUARY 2017 IMP. ECONOMY PENCIL - / FIRE REFUND OF FEES / BUILDING ALPHA PROJECT OUTREACH SERVICES / DECEMBER RE -ISSUED RETURNED PAYCHECK - ACC CLOSED ARJ!S ESUN OPERATION COSTS THROUGH 6/30/17 ATT INVOICE NOVEMBER 2016 ATT INVOICE NOVEMBER 2016 AT&T INVOICE NOVEMBER 2016 AT&T INVOICE NOVEMBER 2016 ALLEY DESIGN SERVICES PROJECT TRAVEL REIMBURSEMENT /CPRC TRAINING REIMBURSEMENT/BAVENCOFF PD ACTUARIAL REVIEW 1 GEN LIABILITY & WC PROJECT BOOM 34' TOWABLE GENIE / PW MOP#76986 WEARING APPAREL 1 PW MIDNIGHT NAVY PANTS 1 FIRE GENIC BROADBAND MOP#72654 SUPPLIES / PW REFUND / OVERPAYMENT ON INS PREMIUMS PETTY CASH REPLENISHMENT f OCT 2016 WASTE MONITORING HOUSEHOLD HAZARDOUS WASTE PICKUP MOP#80331 AUTO SUPPLIES / PW SUPPORT - AFR/RMS FY17 f MIS TRAINING REHAB / CORDER() PD SHARE OF PARKING CITATION REVENUE / NOV COX INVOICE DECEMBER 2016 EWC PREMIUM - EXCESS WORKERS COMP MOP#76966 TIRES / PW RADIO PROGRAMMING/ FIRE LAPTOPS LATITUDE / MIS NEW EMPLOYEE FINGERPRINT TEST RESULT f HR 2020 HOOVER UST PROJECT CREDIT CHECK REVIEW / POLICE DEPARTMENT AUTO SUPPLIES / PW ADVANCED DISABILITY PENSION SAMSUNG 74.5" J6300 FULL HD LED-LCD / MIS FY2016 COMPREHENSIVE FINANCIAL REPORT FY2016 POPULAR ANNUAL FINANCIAL REPORT MOP#65179 SUPPLIES 1 PW HIGH HEAT GRANULAR NEEDLES SEWER SOLVENT PRE EMPLOYMENT PSYCHOLOGICAL EVALS/PD GTC NETWORK ENGINEERING SUPPORT CONTRACT SVCS PROPERTY TAX/JUL-SEPT CONTRACT SVCS - SALES TAX 4TH QTR MOP#72449 AUTO SUPPLIES / PW TACTICS CLASS 150 of 437 1/3 CHK NO DATE AMOUNT 326685 12/19/16 287,24 326686 12120/16 642.08 326687 12/20/16 2,046.47 326688 12/20/16 532.80 326689 12/20/16 10,000.00 326690 12120/16 133.48 326691 12/20/16 11,663.00 326692 12120/16 8,698.49 326693 12/20/16 148.44 326694 12/20/10 2,267.10 326695 12/20/16 69.91 326696 12/20/16 14,245.50 326697 12/20/16 195.38 326698 12/20/16 123.88 326699 12/20/16 6,500,00 326700 12/20/16 487.00 326701 12/20/16 475.00 326702 12/20/16 805.59 326703 12120/16 4,677.00 326704 12/20/16 447.36 326705 12/20/16 1,137.20 326706 12/20/16 410.20 326707 12/20/16 1,343.00 326708 12/20/16 234,60 326709 12/20/16 177.89 326710 12/20/16 26,000.00 326711 12/20/16 212.63 326712 12/20/16 7,090,00 326713 12/20/16 3,948.37 326714 12/20/16 4,789.00 326715 12/20/16 367.78 326716 12/20/10 189.86 326717 12/20/16 6,286.00 326718 12/20)16 546.00 326719 12/20116 5,860.00 326720 12/20/16 30,40 326721 12/20/16 1,269.60 326722 12/20/16 3,816.10 326723 12/20/16 4,881.25 326724 12/20/16 580.00 326725 12/20/16 225.00 326726 12/20/16 274.33 326727 12/20/16 390.50 326728 12/20/16 300.00 326729 12/20/16 15,892.50 326730 12/20/16 2,640.00 326731 12/20/16 39,413.64 326732 12/20/16 275.00 326733 12/20/16 1,870.27 PAYEE JOHNSON, S KONICA MINOLTA KTU&A LACAL EQUIPMENT INC LASER SAVER INC LEFORTS SMALL ENGINE REPAIR LOPEZ, T CASTAGNA, M MASON'S SAW METRO AUTO PARTS DISTRIBUTOR MUNISERVICES LLC NATIONAL CITY AUTO TRIM NATIONAL CITY CHAMBER NATIONAL CITY CHAMBER NATIONAL CITY CHAMBER NATIONAL CITY TROPHY NC HISTORICAL SOCIETY NC HISTORICAL SOCIETY NCPOA OCANA, A OFFICER SURVIVAL SOLUTIONS OPPER & VARCO LLP O'REILLY AUTO PARTS PACIFIC HIGHWAY RENTALS LLC PAUL C MALONE PENSKE FORD PERRY FORD POLICE EXECUTIVE RESEARCH POWERSTRIDE BATTERY CO INC PRO BUILD PRUDENTIAL OVERALL SUPPLY RIVERSIDE COMMUNITY SAFE RESTRAINTS INC SAM'S ALIGNMENT SERVICE SAN DIEGO FRICTION PRODUCTS SAN DIEGO PET SUPPLY SAN DIEGO PR SAN DIEGO REGIONAL COMPUTER SAN DIEGO UNION TRIBUNE SCST INC SDG&E SHERWIN WILLIAMS SHINN, D SITEONE LANDSCAPE SUPPLY LLC SMART & FINAL SMART SOURCE OF CALIFORNIA LLC SMART SOURCE OF CALIFORNIA LLC SOUTH COAST EMERGENCY SOUTHERN CALIF TRUCK STOP 213 WARRANT REGISTER #25 12/2012016 DESCRIPTION CHK NO DATE AMOUNT REIMBURSEMENT / SUPPLIES FOR TINY TOTS 326734 12/20/16 78.94 COPIER EQUIPMENT LEASE / NOV 2016 326735 12/20/16 4,338.41 DOWNTOWN SPECIFIC PLAN PROJECT 326736 12/20/16 19,513.32 HOSE CUFFS / PW 326737 12/20/16 412.79 MOP 45725. PRINTER INK / CASA DE SALUD 326738 12/20/16 1,452.05 MOP#80702 AUTO SUPPLIES / PW 326739 12/20/16 171.87 INTERPRETATION SERVICES - 12-06-16 COUNCIL 326740 12/20/16 140.00 REFUND OF FEES / BUILDING 326741 12/20/16 611.50 MOP 45729. SAW SUPPLIES / FIRE 326742 12/20/16 55.53 MOP#75943 AUTO SUPPLIES / PW 326743 12/20/16 807.31 CAFR REPORT / FINANCE 326744 12/20/16 475.00 MOP#72441 AUTO SUPPLIES / PW 326745 12/20/16 245.25 NC TOURISM MARKETING DISTRICT FEE/OCT 20 326746 12/20/16 28,564.64 NC COMMUNITY ENHANCEMENT JAN 2017 - JUNE 326747 12/20/16 25,000.00 NC CHAMBER MEETING / M MORRISON 326748 12/20/16 15.00 MOP 66556 POLICE DEPARTMENT PLAQUE 326749 12/20/16 239.99 ANNUAL HOLIDAY DINNER / M MORRISON 326750 12/20/16 50.00 ANNUAL HOLIDAY DINNER 1 CM RIOS 326751 12/20/16 25.00 NCPOA / COUNCIL OFFICE - MENDIVIL / DEC 2016 326752 12/20/16 50.00 TRAINING REIMB / PD 326753 12/20/16 80.24 TRAUMA PATROL PACKS 326754 12/20/16 530.12 LEGAL SERVICES AGMT/SUCCESSOR AGENCY 326755 12/20/16 650.00 MOP#75877 AUTO SUPPLIES f PW 326756 12/20/16 656.83 LIGHT TOWER RENTAL PROJECT 326757 12/20/10 3,906.00 ECONOMIC DEVELOPMENT SVCS!. JUN-OCT 326758 12/20/16 12,761.00 MOP#49076 AUTO SUPPLIES / PW 326759 12/20/16 1,099.82 MOP#45703 AUTO SUPPLIES 1 PW 326760 12/20/16 184.81 MEMBERSHIP POLICE EXECUTIVE RESEARCH 326761 12/20/16 200.00 MOP#67839 AUTO SUPPLIES / PW 326762 12/20/16 275.35 MOP#45707 SUPPLIES / PW 326763 12/20/16 2,782.89 MOP#45742 LAUNDRY SUPPLIES / PW 326764 12/20116 609.57 TRAINING TUITION/HONOR GUARD / PD 326765 12/20/16 276.00 7 STANDARD WRAP / PD 326766 12/20/16 9,272.40 MOP#72442 AUTO SUPPLIES / PW 326767 12/20/16 352.99 MOP#80333 AUTO SUPPLIES / PW 326768 12/20/16 2,208.58 MOP 45753 POLICE K9 SUPPLIES 326769 12120/16 238.38 NATIONAL CITY NEWS / SD PR / CMO 326770 12/20/16 600.00 FY 2016 INVESTIGATIVE SERVICE FEE 326771 12/20/16 12,000.00 LEGAL NOTICES ADVERTISING 326772 12/20/16 2,429.20 PARADISE CREEK REST. PROJECT 326773 12/20/16 2,822.00 GAS AND ELECTRIC UTILITIES SERVICES 326774 12/20/16 71.11 MOP#77816 PAINT SUPPLIES / PW 326775 12/20/16 1,733.27 REIMBURSEMENT / SUPPLIES FOR TINY TOTS 326776 12/20/16 52.49 MOP#69277 PARKS SUPPLIES / PW 326777 12/20/16 658.96 MOP 45756. SUPPLIES / COMM SVCS DEPT 326778 12/20/16 264.31 DOOR HANGERS & FOLDERS / PLANNING 326779 12/20/16 1,561.10 VEHICLE IMPOUND WARNING DECALS 326780 12/20/16 502.50 LABOR PERFORMED ON EMERGENCY VEHICLE 326781 12/20/16 724.67 MOP#45758 OIL 326782 12/20/16 238.07 151 of 437 PAYEE POWERS, S STAPLES BUSINESS ADVANTAGE STAPLES BUSINESS ADVANTAGE STARTECH COMPUTERS TERRA BELLA NURSERY INC THE BANK OF NEW YORK MELLON THE CENTRE FOR ORGANIZATION THE COUNSELING TEAM THE ENGRAVING STORE THE HOME DEPOT CREDIT SERVICES THE LIGHTHOUSE INC THE PUN GROUP LLP THE STAR NEWS PUBLISHING COMP TIERRA WEST ADVISORS INC TOPECO PRODUCTS TOYOTA SAN DIEGO TURF STAR TYLER TECHNOLOGIES INC U S BANK UNITED ROTARY BRUSH CORP VALLEY INDUSTRIAL SPECIALTIES VERIZON WIRELESS VISION SERVICE PLAN VISTA PAINT WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY ZAMUDIO, M OLIVERIA, H WIRED PAYMENTS PUBLIC EMP RETIREMENT SYSTEM US BANK ARCO BUSINESS SOLUTIONS PAYCHEX BENEFIT TECHNOLOGIES SECTION 8 HAPS PAYROLL Pay period Start Date 26 12/6/2016 WARRANT REGISTER #25 12/20/2016 DESCRIPTION FITNESS CLASS / WELLNESS PROGRAM / NOV 2016 MOP 45704 / CITYWIDE OFFICE SUPPLIES MOP 45704 / 1099 6X9 ENVELOPES MOP 10471 / COMPUTER SUPPLIES / MIS HORTICULTURAL ITEMS / PARKS CUSTODIAN FEES / APRIL -JUNE 2016 SUPERVISOR'S ACADEMY TRAINING MONTHLY SERVICE FEE FOR EMPLOYEE SUPPORT FLAG BOX / PD CHRISTMAS LIGHTS / PW MOP#45726 AUTO SUPPLIES / PW INDEPENDENT AUDITING SERVICES / FINANCE ADVERTISING OF BID / FINANCE AMORTIZATION SERVICES/PLANNING MOP#63849 AUTO SUPPLIES / PW TOYOTA HIGHLANDER POLICE VEHICLE TIRES / PW EDEN SUPPORT FY 2017 POLICE TRAINING CREDIT CARD MOP#62863 AUTO SUPPLIES / PW IM4OP#46453 ELECTRIC SUPPLIES / PW VERIZON NOVEMBER 2016 VISION SERVICE PLAN (CA) / DECEMBER 2016 MOP#68834 PAINT SUPPLIES / PW SCREEN STRAINER / PW MOP 00351 ELECTRICAL SUPPLIES / MIS BANNER PERMIT APPLICATION REFUND REIMB / NAN MCKAY FAIR HOUSING TRAINING / SEC 8 SERVICE PERIOD 11/22/16 -12/05/16 PARS DEFINED BENEFITS / C. SILVA FUEL FOR CITY FLEET NOVEMBER 2016 BENETRAC ESR SVCS BASE FEE DEC 2016 Start Date End Date 12/14/2016 12/20/2016 End Date Check Date 12/19/2016 12/28/2016 GRAND TOTAL 3/3 CHK NO DATE AMOUNT 326783 12/20/16 100.00 326784 12/20/16 2,144.60 326785 12/20/16 86,26 326786 12/20/16 35.00 326787 12/20/16 776.96 326788 12/20/16 600.00 326789 12/20/16 775.00 326790 12120/16 800.00 326791 12120/16 176.18 326792 12/20/16 3,002.22 326793 12120/16 541.57 326794 12/20/16 23,300.00 326795 12/20/16 74.31 326796 12/20/16 1,040.00 326797 12/20/16 590.09 326798 12/20/16 38,563.45 326799 12/20/16 1,572.0 326800 12/20/16 67,457.15 326801 12/20/16 1,968.65 326802 12/20/16 930.23 326803 12/20/16 881.23 326804 12/20/16 1,053.07 326805 12/20/16 568.56 326806 12/20/16 1.083. 78 326807 12/20/16 1,489.44 326808 12/20/16 339.79 326809 12/20/16 1,975.00 326810 12/20/16 977.32 A!P Tata! 479,790.88 12142016 12/14/18 408,131.22 259380 12/19/16 61,926.60 296499 12/14/16 23,560.71 829735 12/16/16 606.00 2,919.14 1,000,914.86 $1,977,749.29 152 of 437 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 IIAVE BEEN AUDITED AS RE.QUJ.RED BY LAW ( 4 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, MEMBER I HEREBY CERTIFY 'fI-IAT 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 TIIE 2114 OF FEIBRUARY, 2017. AYES NAYS ABSENT 153 of 437 CC/CDC-HA Agenda 2/21/2017 — Page 154 The following page(s) contain the backup material for Agenda Item: Warrant Register #26 for the period of 12/21/16 through 12/27/16 in the amount of $0.00. (Finance) 154 of 437 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 21, 2017 AGENDA ITEM NO. ITEM TITLE: Warrant Register #26 for the period of 12/21/16 through 12/27/16 in the amount of $0.00. (Finance) PREPARED BY: 1K. Apalategui DEPARTMENT: Finance PHONE: 619-336-4572 APPROVED BY: 7! .14 EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 12/21/16 through 12/27/16. Consistent with Department of Finance practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation No Warrants issued for the period of 12/21/16 — 12/27/16. FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $0.00 APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE; INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: 1Ratification of warrants in the amount of $0.00 BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #26 1 155 of 437 WANT REGISTER *26 12/27/2016 PAYEE DESCRIPTION CHK NO PATE AMOUNT NO WARRANTS ISSUED FOR THE WEEK OF 12/21/2016 - 12/27/2016. HOLIDAY / CITY CLOSURE 1/1 156 of 437 Certification IN ACCORDANCE WITH SEUIION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MARK ROBERTS; FINANCL LESLIE DF.RSE, 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 AUTHOR1T.FD TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 210 OF FEBRUARY, 2017. AYES NAYS ABSENT 157 of 437 CC/CDC-HA Agenda 2/21/2017 — Page 158 The following page(s) contain the backup material for Agenda Item: Warrant Register #27 for the period of 12/28/16 through 01/03/17 in the amount of $2,316,190.53. (Finance) 158 of 437 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 21, 2017 AGENDA ITEM NO. ITEM TITLE: Warrant Register #27 for the period of 12/28/16 through 01/03/17 in the amount of $2,316,190.53. (Finance) PREPARED BY: K. Apalategui; DEPARTMENT: Finance PHONE: PHONE: 619-336-4572 �% APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 12/14/16 through 12/20/16. Consistent with Department of Finance, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation SDG&E 326885 61,262.20 Streets Division Gas & Electric Utilities Public Emp Ret System 12282016 406,563.41 Service Period 12/06/16 —12/19/16 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $2,316,190.53. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Ratify warrants totaling $2,316,190.53. BOARD t COMMISSION RECOMMENDATION: N/A ATTACHMENTS: ;Warrant Register #27 Finance MIS 1159 of 437 I 113 WARRANT REGISTER #27 1/3/2017 PAYEE DESCRIPTION CHK NO DATE AMOUNT ACEDO, I RETIREE HEALTH BENEFITS! JAN 2017 326611 1/3/17 160.00 ALDEMCO FOOD / NUTRITION CENTER 326812 1/3/17 2,639.23 ALL FRESH PRODUCTS FOOD / NUTRITION CENTER 326813 1/3/17 636.82 ANDERSON, E RETIREE HEALTH BENEFITS / JAN 2017 326814 1/3/17 110.00 BEARD, P RETIREE HEALTH BENEFITS/JAN 2017 326815 1/3/17 70.00 BECK, L RETIREE HEALTH BENEFITS / JAN 2017 326816 113/17 140.00 BISHOP. R RETIREE HEALTH BENEFITS / JAN 2017 328817 1/3/17 110.00 BOEGLER, C RETIREE HEALTH BENEFITS / JAN 2017 326818 1/3/17 260.00 BOYD JR, P RETIREE HEALTH BENEFITS / JAN 2017 326819 1/3/17 145.00 BULL, P RETIREE HEALTH BENEFITS / JAN 2017 326820 1/3/17 580.00 CALIFORNIA COMMERCIAL SECURITY MOP#45754 SUPPLIES / PW 326821 1/3/17 233.94 CALIFORNIA ELECTRIC SUPPLY MOP#45698 ELECTRIC MATERIAL / PW 326822 1/3/17 829.32 CARRILLO, R RETIREE HEALTH BENEFITS / JAN 2017 326823 1/3/17 290.00 COLE, L RETIREE HEALTH BENEFITS /JAN 2017 326824 1/3/17 165.00 COMMERCIAL AQUATIC SERVICE INC PURCHASE OF CHEMICAL POOL SUPPLIES / PW 326825 1/3/17 762.08 CONDON, D RETIREE HEALTH BENEFITS / JAN 2017 326826 1/3/17 280.00 CORPUZ, T RETIREE HEALTH BENEFITS / JAN 2017 326827 1/3/17 140.00 COUNTY OF SAN DIEGO PERMIT RENEWAL / ENG 326828 1/3/17 250.00 DANESHFAR, Z RETIREE HEALTH BENEFITS / JAN 2017 326830 1/3/17 250.00 DANIELS TIRE SERVICE TIRES FOR CITY FLEET FOR FY 2017 326831 1/3/17 829.19 DEPARTMENT OF JUSTICE NEW EMPLOYEE FINGERPRINT TEST SVCS 326832 1/3/17 806.00 DESROCHERS, P RETIREE HEALTH BENEFITS / JAN 2017 326833 1/3/17 110.00 DI CERCHIO, A RETIREE HEALTH BENEFITS /JAN 2017 326834 1/3/17 70.00 DILLARD, S RETIREE HEALTH BENEFITS / JAN 2017 326835 1/3/17 480.00 DREDGE, J RETIREE HEALTH BENEFITS/JAN 2017 326836 1/3/17 250.00 DUNBAR ARMORED INC ARMORED SERVICES / FINANCE 326837 1/3/17 655.16 EISER III, G RETIREE HEALTH BENEFITS/JAN 2017 326838 1/3/17 250.00 FAB1NSKI, D RETIREE HEALTH BENEFITS/JAN 2017 326839 1/3/17 220.00 FIFIELD, K RETIREE HEALTH BENEFITS /JAN 2017 326840 1/3/17 540.00 GELSKEY, K RETIREE HEALTH BENEFITS/JAN 2017 326841 1/3/17 115.00 GIBBS JR, R RETIREE HEALTH BENEFITS/JAN 2017 326842 1/3/17 120.00 GONZALES, M RETIREE HEALTH BENEFITS/JAN 2017 326843 1/3/17 480.00 GOODYEAR TIRE & RUBBER COMPANY TIRES FOR CITY FLEET FY 2017 326844 1/3/17 1,396.35 HANSON, E RETIREE HEALTH BENEFITS / JAN 2017 326845 1/3/17 135.00 HARLAN, M RETIREE HEALTH BENEFITS / JAN 2017 326848 1/3117 500.00 HAUG, S RETIREE HEALTH BENEFITS /JAN 2017 326847 1/3/17 120.00 HERNANDEZ, R RETIREE HEALTH BENEFITS / JAN 2017 326848 1/3/17 400.00 HODGES, B RETIREE HEALTH BENEFITS f JAN 2017 326849 1/3/17 200.00 HONDO, E RETIREE HEALTH BENEFITS / JAN 2017 326850 1/3/17 110.00 IBARRA, J RETIREE HEALTH BENEFITS / JAN 2017 326851 1/3/17 780.00 JAMES, R RETIREE HEALTH BENEFITS / JAN 2017 326852 1/3/17 140.00 JUNIEL, R RETIREE HEALTH BENEFITS / JAN 2017 326853 1/3/17 50.00 KIMBLE, R RETIREE HEALTH BENEFITS / JAN 2017 326854 1/3/17 300.00 LANDA, A RETIREE HEALTH BENEFITS / JAN 2017 326855 1/3/17 155.00 LEON, L RETIREE HEALTH BENEFITS / JAN 2017 326856 1/3/17 500.00 LIMFUECO, M RETIREE HEALTH BENEFITS / JAN 2017 326857 1/3/17 160.00 MAINTEX INC CITY WIDE JANITORIAL SUPPLIES / PW 326858 1/3/17 971.41 MATIENZO, M RETIREE HEALTH BENEFITS / JAN 2017 326859 1/3/17 100.00 MC CABE, T RETIREE HEAL1 hN 2017 326860 1/3/17 280.00 160 of 437 PAYEE MEDINA, R MINER, D MYERS, B NATIONAL CITY ELECTRIC NATIONAL TRAINING CONCEPTS NOTEWARE, D O??FIL LYAUTO PARTS PACIFIC AUTO REPAIR PAUU JR, P PEASE JR, D PENSKE FORD PETERS, S POST, R PRO BUILD PRO -EDGE KNIFE PRUDENTIAL OVERALL SUPPLY RAY, S ROARK, L RUIZ, J SAFRAN MORPHOTRUST SAN DIEGO COUNTY SAN DIEGO FRICTION PRODUCTS SAN DIEGO GAS & ELECTRIC SAN DIEGO MIRAMAR COLLEGE SDG&E SEAPORT MEAT COMPANY SERVATIUS, J SHORT, C SITEONE LANDSCAPE SUPPLY LLC SMITH, J SOUTHERN CALIF TRUCK STOP STEWART, W STRASEN, W SWEETWATER AUTHORITY SYSCO SAN DIEGO INC TIPTON, B UNDERGROUND SERVICE ALERT UNITED PARCEL SERVICE VALLEY INDUSTRIAL SPECIALTIES VERRY, L VILLAGOMEZ, J WAXIE SANITARY SUPPLY WHITE, J ZENGOTA, V WARRANT REGISTER #27 1/3/2017 DESCRIPTION RETIREE HEALTH BENEFITS / JAN 2017 RETIREE HEALTH BENEFITS / JAN 2017 RETIREE HEALTH BENEFITS / JAN 2017 CITY WIDE ONSITE ELECTRICAL SVCS / PW TUITION TRAINING FIREARMS/BARAWED / PD RETIREE HEALTH BENEFITS / JAN 2017 MOP#75677 AUTO SUPPLIES / PW SMOG CERTIFICATION / REPAIRS FOR CITY RETIREE HEALTH BENEFITS / JAN 2017 RETIREE HEALTH BENEFITS / JAN 2017 R&M CITY VEHICLES FOR FY 2017 RETIREE HEALTH BENEFITS / JAN 2017 RETIREE HEALTH BENEFITS / JAN 2017 MOP#45707 SUPPLIES/PW KNIFE SHARPENING SERVICE / NUTRITION MOP#445742 LAUNDRY / PW RETIREE HEALTH BENEFITS / JAN 2017 RETIREE HEALTH BENEFITS / JAN 2017 RETIREE HEALTH BENEFITS/JAN 2017 NEW EMPLOYEE FINGERPRINT TEST SVCS TUITION OPTIONS BASED / GIL/SULLIVAN PD MOP#80333 AUTO SUPPLIES / PW GAS & ELECTRIC UTILITIES / NUTRITION TUITION BASIC TRAFFIC/DURAN PD STREETS DIVISION GAS & ELECTRIC UTILITIES MEAT FOR NUTRITION CENTER RETIREE HEALTH BENEFITS/JAN 2017 RETIREE HEALTH BENEFITS! JAN 2017 MOP#69277 HORTICULTURAL ITEMS / PW RETIREE HEALTH BENEFITS /JAN 2017 MOP#45758 OIL / PW RETIREE HEALTH BENEFITS !JAN 2017 RETIREE HEALTH BENEFITS / JAN 2017 FACILITIES DIVISION WATER UTILITIES FOOD / NUTRITION CENTER RETIREE HEALTH BENEFITS / JAN 2017 UNDERGROUND SERVICE ALERT FY 2017 UPS SHIPMENT / FINANCE MOP#46453 PLUMBING / PW RETIREE HEALTH BENEFITS / JAN 2017 RETIREE HEALTH BENEFITS / JAN 2017 MISCELLANEOUS JANITORIAL SUPPLIES / PVV RETIREE HEALTH BENEFITS / JAN 2017 RETIREE HEALTH BENEFITS / JAN 2017 213 CHK NO DA E AMOUNT 326861 113/17 105.00 326862 1/3/17 580.00 326863 1/3/17 140.00 326864 1/3/17 1,515.00 326865 1 /3/17 557.00 326866 1/3117 120.00 326867 1/3/17 47.94 326868 1/3/17 110.00 326869 1/3/17 340.00 326870 1 /3/17 140.00 326871 1/3/17 759.63 326872 113/17 290,00 326873 1/3/17 280.00 326874 113/17 1,389.30 326875 1/3/17 46.00 326876 1/3/17 591.42 326877 1/3/17 190.00 326878 1/3/17 135.00 326879 1/3/17 310.00 326880 1/3/17 46.00 326881 1/3/17 20.00 326882 1/3/17 282.63 326883 1/3/17 2,002.85 326884 1/3/17 92.00 326885 1/3/17 61,262.20 326886 1 /3117 984.29 326887 1/3/17 340.00 326888 1/3/17 300.00 326889 1/3/17 484.79 326890 1/3/17 320.00 326891 113/17 140.21 326892 1/3/17 200.00 326893 1/3/17 135.00 326894 1/3/17 538.70 326895 1/3/17 4,975.95 326896 1/3/17 250.00 326897 1 /3117 156.00 326898 1/3/17 6.02 326899 1/3/17 768.61 326900 1/3/17 280.00 326901 1/3/17 480.00 326902 113/17 1,760.98 326903 1/3/17 230.00 326904 1/3/17 300.00 PIP Total 103,277.02 WIRED PAYMENTS PUBLIC EMP RETIREMENT SYSTEM SERVICE PERIOD 12/06/16 - 12/19/16 161 of 437 12282016 12/28/16 406,563.41 a i -e4,-13 FP,41,04- 3/3 PAYEE SECTION 8 HAPS PAYROLL Pay period 27 orgintroptAl WARRANT REGISTER #27 1/3/2017 DESCRIPTION Start Da• 12/28/2016 End Date 1/3/2017 OK NO DATE AMOUNT 830,901.20 Start Date End Date Check Date 12120/2016 11212017 1/11/2017 975,448.90 GRAND TOTAL $2,316,190.53 162 of 437 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. k. VC t ice-. 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, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY 'TREASURER IS AUTIIORITED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 21° OF FEBRUARY, 2017. AYES NAYS ABSENT 163 of 437 CC/CDC-HA Agenda 2/21/2017 — Page 164 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) 164 of 437 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 21, 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: /3 g,L.t.. . EXPLANATION: Please see attached memorandum. FINANCIAL STATEMENT: ACCOUNT NO. 001-401-000-1 ** (salaries & benefits) ENVIRONMENTAL REVIEW: NIA ORDINANCE: INTRODUCTION: APPROVED: APPROVED: FY 17 (4'Y2 mos) FY 18 FY 19 Total Finance MIS $4;750 $12,900 $13,100 $30,750 FINAL ADOPTION: X STAFF RECOMMENDATION: Adopt proposed ordinance. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Memorandum Proposed ordinance 165 of 437 Mayor Ron Morrison Council Members Jerry Cano Aiejandra Sotelo-Solis Mona Rios Albert Mendivil TO: +�.e4,41FoRNit A N TION .ITy cINC68pp$ATBp Office of the City Attorney MEMORANDUM Interim City Attorney George II. Eisen, 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. George H. Eiser, III Interim City Attorney 166 of 437 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 $4,532.13 per month, pursuant to the provisions of Sections 36516.1 of the California Government Code. PASSED and ADOPTED this 21s' day of February, 2017. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill Interim City Attorney Ron Morrison, Mayor 167 of 437 CC/CDC-HA Agenda 2/21/2017 — Page 168 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 168 of 437 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 21, 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: 1Lauren Maxilom, Management Analyst II DEPARTMENT: City Manager's Office APPROVED BY: EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. lnIa} ENVIRONMENTAL REVIEW: fnfa� ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: 4, Finance MIS STAFF RECOMMENDATION: Adopt the Ordinance BOARD i COMMISSION RECOMMENDATION: ATTACHMENTS: 1) Staff report 2) Proposed ordinance 3) Staff report from February 7, 2017 City Council meeting 169 of 437 2121117 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 foram 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. The first reading of the ordinance was during the February 7, 2017 City Council meeting. Before you this evening is the second reading of the ordinance for adoption to incorporate 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 • Appointments by the Mayor with confirmation by City Council • Committee members may be residents or non-residents • Meetings to be held quarterly (at a minimum) • City staff to provide administrative support to the Committee The ordinance is effective 30 days after adoption. After 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 a press release. Applicants will then be scheduled for interviews at upcoming City Council meetings. Staff Recommendation: Adopt the ordinance. 170 of 437 217117 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 e 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. 171 of 437 1 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 172 of 437 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 Advisory Committee 173 of 437 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 Advisory Committee 174 of 437 PASSED and ADOPTED this 21st day of February, 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 175 of 437 CC/CDC-HA Agenda 2/21/2017 — Page 176 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving a Conditional Use Permit for the expansion of a gas station convenience store located at 1803 Highland Avenue. (Applicant: Michael Rafo) (Case File 2016-17 CUP) (Planning) 176 of 437 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: 1February 21, 2017 AGENDA ITEM NO. ITEM TITLE: ;Resolution of the City Councii of the City of National City approving a Conditional Use Permit for the expansion of a gas station convenience store located at 1803 Highland Avenue. (Applicant: Michaei Rafo) (Case File 2016-17 CUP) PREPARED BY: ;Jessica Madamba 67V1 PHONE: 1619-336-43811 APPROVED BY• EXPLANATION: ,The City Council conducted a public hearing on this item at the February 7, 2017 City Council meeting. Council asked staff to return with a resolution of approval based on the revised recommended Conditions of Approval presented at the public hearing, with operating hours changed to 6:00 a.m. to 10:00 p.m. daily and the limitation of no more than three coolers dedicated to alcohol display. DEPARTMENT: ;Plan The attached resolution is needed to take action on the item_ FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities) ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: n/a Finance MIS ATTACHMENTS: Resolution 177 of 437 RESOLUTION NO. 2017 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR THE EXPANSION OF A GAS STATION CONVENIENCE STORE LOCATED AT 1803 HIGHLAND AVENUE (APN: 561-171-18) WHEREAS, the City Council of the City of National City considered a Conditional Use Permit for the expansion of a gas station convenience store located at 1803 Highland Avenue at duly advertised public hearings held on January 17 and February 7, 2017, at which time the City Council considered evidence; and WHEREAS, at said public hearings, the City Council considered the staff report provided for Case File No. 2016-17 CUP, which is maintained by the City and incorporated herein by reference; along with any other evidence presented at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the evidence presented to the City Council at the public hearings held on January 17 and February 7, 2017, support the following findings: FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1. That the proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit, and complies with all other applicable provisions of the Land Use Code, because the use is allowable within the Major Mixed Use 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 because 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. 178 of 437 Resolution NO. 2017 — February 21, 2017 Page Two 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 ("CEQA") and 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, National City. 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 "B", Case File No. 2016-17 CUP, dated February 8, 2017. 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 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. 179 of 437 Resolution No. 2017 — February 21, 2017 Page Three 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. 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 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 6:00 a.m. and 10:00 a.m. 14. No more than three coolers shall display alcoholic beverages. BE IT FURTHER RESOLVED that this Resolution shall become effective, final, and conclusive on the day following the City Council meeting where this Resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. [Signature Page to Follow] 180 of 437 Resolution No. 2017 — February 21, 2017 Page Four PASSED and ADOPTED this 21st day of February, 2017. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Ron Morrison, Mayor 181 of 437 CC/CDC-HA Agenda 2/21/2017 — Page 182 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving a Conditional Use Permit for 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) 182 of 437 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 21, 2017 AGENDA ITEM NO. ITEM TITLE: ,Resolution of the City Council of the City of National City approving a 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: pessica Madamba: 6rVk PHONE: i619-336-4381 EXPLANATION: trim City Council conducted a public hearing on this item at the February 7, 2017 City Council meeting. Council asked staff to return with a resolution of approval based on the recommended Conditions of Approval presented at the public hearing. DEPARTMENT: APPROVED BY The attached resolution is needed to take action on the item. FINANCIAL STATEMENT: ACCOUNT NO. 1 ENVIRONMENTAL REVIEW: Not a project per CEQA ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: nla ATTACHMENTS: Resolution 183 of 437 RESOLUTION NO. 2017 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR BEER AND WINE SALES AT SUSHI LOCO RESTAURANT TO BE LOCATED AT 2220 EAST PLAZA BOULEVARD, SUITES C AND D APN: 557-380-66 WHEREAS, the City Council of the City of National City considered a Conditional Use Permit for beer and wine sales at Sushi Loco Restaurant to be located at 2220 East Plaza Boulevard at a duly advertised public hearing held on February 7, 2017, at which time the City Council considered evidence; and WHEREAS, at said public hearings the City Council considered the staff report provided for Case File No. 2016-26 CUP, which is maintained by the City and incorporated herein by reference; along with any other evidence presented at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the evidence presented to the City Council at the public hearing held on February 7, 2017, support the following findings: FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1. That the proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code because 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 because 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. 184 of 437 Resolution No. 2017 — February 21, 2017 Page Two 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: General 1. This Conditional Use Permit authorizes the sale of beer at a restaurant to be located at 2220 East Plaza Boulevard, Suites C and D. Plans submitted for permits associated with this project shall conform to Exhibit "A", Case File No. 2016-26 CUP, dated September 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 retum 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 fining fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 185 of 437 Resolution No. 2017 — February 21, 2017 Page Three 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. 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. 186 of 437 Resolution No. 2017 — February 21, 2017 Page Four 14. Alcohol shall be available only in conjunction with the purchase of food. BE IT FURTHER RESOLVED that this Resolution shall become effective, final, and conclusive on the day following the City Council meeting where this Resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. PASSED and ADOPTED this 21st day of February, 2017. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Ron Morrison, Mayor 187 of 437 CC/CDC-HA Agenda 2/21/2017 — Page 188 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing various Fiscal Year 2017 Mid -Year Budget Adjustments (Finance). 188 of 437 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 21, 2017 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing various Fiscal Year 2017 Mid - Year Budget Adjustments. PREPARED BY: Ed Prendell, Budget Analyst PHONE: 619-336-4332 EXPLANATION: Please refer to the attached staff report. DEPARTMENT: Finance APPROVED BY: L /6t4 FINANCIAL STATEMENT: ACCOUNT NO. See attached staff report. APPROVED: ` a Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Accept the staff report as presented, and adopt the Resolution, authorizing fiscal year 2017 mid -year budget adjustments, BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Staff Report 2. Resolution 189 of 437 I + CALIFORNIA NATIONAL CITY ALAV INCORPORATED City Council Staff Report February 21, 2017 ITEM Staff Report: Fiscal Year 2017 Mid -Year Budget Review BACKGROUND Consistent with historic practice, staff brings forward a mid -year review of the City's operating budget. The intent of this report is to review the activities of the first half of the current fiscal year and provide revised projections of revenues and expenditures through the end of the fiscal year. In addition, the report recommends various budget adjustments. This report represents the second budget report of the fiscal year. A first quarter status report was presented on December 20, 2016, consistent with staff's commitment to provide quarterly reports on the status of the budget in keeping with the Strategic Plan objective of fiscal transparency. DISCUSSION First Half of Fiscal Year 2017 The adopted fiscal year 2017 budget includes the City Council -authorized use of $5.4 million of unassigned fund balance for capital projects and operations. Based on actual revenues and expenditures through December 31, 2016 and expected activities through fiscal year-end, the anticipated use of unassigned fund balance is projected to be approximately $2.6 million less than originally budgeted. The following sections of this report will discuss the significant factors leading to the variance. Revenues The General Fund's primary sources of revenue are sales and property taxes. The table below compares revenues from July 1 St through December 31 St of the current fiscal year to those of the same period of the prior fiscal year. 190 of 437 Page 2 Staff Report — Fiscal Year 2017 Mid -Year Budget Review February 21, 2017 Mid -Year Revenue Comparison Revenue Category Sales & Use Tax District Transactions & Use Tax Property Tax Property Tax in Lieu of VLF 2 Property Tax in Lieu of Sales Tax 3 Other Revenue Total GENERAL FUND REVENUES AS OF DECEMBER 31 ST FY 17 $6,307,170 3,879,072 784,521 3,860,023 FY 16 $4,439,467 3,582,746 755,647 24,139 3,718,770 Difference $1,867,703 296,326 28,874 (24,139) 141,253 $14,830,786 $12,520,769 $2,310,017 reflects reduction for property tax allocation to the Library and Parks Maintenance funds 2 VLF — vehicle license fee Eliminated during fiscal year 2016. Revenue returned to sales & use tax. During the first six months of the current fiscal year, General Fund revenues totalled $14.8 million, approximately $2.3 million more than the same period last year. Significant factors in the year to year difference include the following: • Sales & use tax receipts outpaced those for the same period of the prior fiscal year by nearly $1.9 million. This increase primarily is due to the restoration of the full one percent local sales tax, following the elimination of property tax in lieu of sales tax, which is further explained below. Stronger activity in the categories of business & industry and building & construction also contributed to the increase. • The City's district transactions & use tax revenues are $296,000 ahead of last year's total at the same point, as the result of slight increases in several spending categories. (For sales other than walk -in -stores, district transactions & use tax revenue are allocated based upon where the goods are delivered or first placed into use and, as such, do not always "track" sales & use taxes.) Having received information from the County, staff can report that the City's fiscal year 2017 distribution of property tax in lieu of vehicle license fee ("VLF") revenue will be $5,909,395, a positive change of $219,303, compared to the previous fiscal year. No totals for this revenue are reflected in the table above, because its first distribution is received in January. Property tax in lieu of sales tax, which was created in conjunction with the State's sales -tax - shifting mechanism whereby one -quarter of the one -percent local sales & use tax was taken by the State to repay its economic recovery bonds and replaced with county property tax revenue (the "triple flip"), was eliminated during fiscal year 2016. As a result, the local sales & use tax distribution has been restored to the full one percent collected from retailers, and 191 of 437 Page 3 Staff Report — Fiscal Year 2017 Mid -Year Budget Review February 21, 2017 no property tax in lieu of sales tax distribution will be received. However, since property tax in lieu of sales tax was eliminated in October 2015, revenue was received during the prior fiscal year and will be reflected in the next budget review, since the first distribution occurred in January. Fiscal Year -End Revenue Projections GENERAL FUND REVENUES FISCAL YEAR 2017 Adjusted Projected % Revenue Category Projected Budget 1 Variance Variance Sales & Use Tax $18,000,000 $17,851,000 $ 149,000 0.8% District Transactions & Use Tax 11,029,250 10,877,000 152,250 1.4% Property Tax 2 2,129,648 2,130,570 (922) 0.0% Property Tax in Lieu of VLF 5,909,395 5,902,223 7,172 0.1% Other Revenue 17,456,900 15,814,205 1,642,696 10.4% Total $54,525,193 $52,574,998 $1,950,195 3.7% adopted budget total, plus budget amendments 2 reflects reduction for property tax allocation to the Library and Parks Maintenance funds The above table provides a comparison of the adopted, adjusted budget to the current year end projection. Staff projects overall year-end General Fund revenues to exceed the adjusted budget by approximately $2.0 million. This estimate is based upon year-to-date and historical data, input from the City's sales tax consultant, and information obtained from the State of California and County of San Diego. Significant elements of the expected positive variance include: • the positive effect on sales -related tax revenues from the aforementioned growth in various spending categories; and • the projection that other revenues will exceed their combined budgets by $1.6 million, which is attributable to projected positive variances in the following categories: o Successor Agency residual RPTTF (Redevelopment Property Tax Trust Fund) balance distributions - $1,037,814; o overtime reimbursements from the State for the Fire Department's participation in wildfire strike teams - $393,445; o public safety sales tax - $161,789; and o transient lodging tax revenue - $100,000. Expenditures As of December 31, 2016, General Fund expenses totaled $23.6 million, exceeding those at the same point last fiscal year. 192 of 437 Page 4 Staff Report — Fiscal Year 2017 Mid -Year Budget Review February 21, 2017 Mid -Year Expenditure Comparison Expenditure Category Personnel Services Maintenance & Operations Capital Outlay Capital Improvement Program Internal Service Charges Other Expenditures GENERAL FUND EXPENDITURES AS OF DECEMBER 31 ST FY 17 $16,239,963 1,810,687 151,140 1,577,782 3,668,872 134,761 FY 16 $14,437,557 1,914,294 60,220 1,664,119 3,359,826 107,776 Difference $1,802,406 (103,607) 90,921 86,336 309,046 26,984 Total $23,583,205 $21,543,792 $2,039,413 • The increase in personnel services expenses is due to the City's now being nearly fully staffed, negotiated increases to bring employees' compensation more in line with the market, a modest addition to authorized staffing levels, and pension contribution increases. • The increase in internal service charges results from the budgeted increase to the internal service rates charged to General Fund departments. Staff will continue to monitor all expenses and provide greater detail in the third quarter budget report. Fiscal Year -End Expenditure Projections Expenditure Category Personnel Services Maintenance & Operations Capital Outlay Capital Improvement Internal Service Charges Other Expenditures GENERAL FUND EXPENDITURES FISCAL YEAR 2017 Projected $34,993,226 5,981,646 300,822 11,398,2212 7,392,744 554,039 Adjusted Budget 1 Variance Variance $35,063,608 ($130,382) (0.4%) 6,374,559 (392,913) (6.2%) 303,425 (2,603) (0.9%) 11,398,221 0.0% 7,392,744 - 0.0% 693,145 (139,106) (20.1%) Projected Total $60,560,699 $61,225,701 ($665,003) (1.1%) adopted budget total, plus budget amendments, and encumbrances and capital projects appropriations carried forward from previous fiscal year(s) 2 actual spending anticipated - $4.5M; unspent appropriations at fiscal year-end will be designated as assigned fund balance 193 of 437 Page 5 Staff Report — Fiscal Year 2017 Mid -Year Budget Review February 21, 2017 • Staff currently is projecting actual expenditures to end the fiscal year at approximately $0.6 below budget, most significantly as the result of savings in maintenance & operations -related costs. • While personnel costs for the first half of the year are greater than for the same period of the previous year, a savings of approximately $131,000 is expected to result from vacant authorized positions. • The projected maintenance & operations variance of $393,000 is associated primarily with costs not expected to be incurred this fiscal year related to the disposition of properties acquired from the Successor Agency. Transfers In/Out While technically not revenues and expenditures (and, hence, not shown above), transfers in and out of the General Fund contribute to fund balance increases and decreases, respectively. Neither transfers in nor transfers out currently is expected to deviate from its budgeted total. Net Impact on Unassigned Fund Balance The adopted budget reflects a use of $5.4 million in unassigned fund balance. Combining the above revenue and expenditure projections with expected transfers in and out results in an anticipated decrease of $2.6 million in the use of unassigned fund balance. As a result, the use of unassigned fund balance for the fiscal is projected to total $2.8 million. GENERAL FUND IMPACT ON UNASSIGNED FUND BALANCE FISCAL YEAR 2017 Adjusted Projected Budget Variance Revenue $ 54,525,193 $ 52,574,998 $ 1,950,195 Transfers In 519,672 519,672 Total Revenue & Transfers In $ 55,044,865 $ 53,094,670 $ 1,950,195 Expenditures ($60,560,699) ($61,225,701) ($ 665,002) Transfers Out (1,950,195) (1,950,195) Total Expenditures & Transfers Out ($ 62,510,894) ($63,175,896) ($ 665,002) Unassigned Fund Balance $2,615,198 BUDGET ADJUSTMENTS During the mid -year budget review process, the Department of Finance identified budget adjustments necessary due to expenses unanticipated during the annual budgeting process. In addition, departments have been afforded the opportunity to submit supplemental appropriation 194 of 437 Page 6 Staff Report — Fiscal Year 2017 Mid -Year Budget Review February 21, 2017 requests based upon actual or projected budgetary requirements not anticipated during the annual budgeting process and to request other budget adjustments. The attached schedules reflect the recommended and requested adjustments. ADDITIONAL FISCAL YEAR 2017 IMPACTS Looking ahead, the City appears to be on pace to outperform its budgeted projections for Fiscal Year 2017, with the currently projected use of fund balance significantly lower than the amount budgeted. Budgeting is a fluid process. As of the time of this report, staff is aware of and monitoring additional matters that are likely to impact the year end budget projections. These items include the following: • Fire Department Squad: On September 20, 2016, the City Council authorized staff to develop and execute a one year Squad Pilot Program designed to enhance public safety and the efficiency of the Fire Department by implementing and evaluating the effectiveness of an alternative service delivery model. The $184,882 cost for the acquisition of the squad vehicle has been budgeted. Costs related to site improvements and metal structure acquisition have not yet been determined and, therefore, have not been included in projections. Operational costs have not been included, as operations are expected to commence in the next fiscal year. Staff will bring forward a request for appropriations to a future City Council meeting. • Energy and Water Savings Measure: On December 15, 2015, the City Council authorized staff to execute an agreement with AMERESCO, Inc. to conduct an Energy audit of City Facilities (Phase I), develop a project scope of energy and water saving measures to fund capital costs, forecast savings, and present a financing solution. Estimates of these costs are not available at this time. Upon determination of the expected costs, staff will bring forward a request for appropriations to a future City Council meeting. RECOMMENDATIONS Staff estimates sufficient resources are available to fund the following recommended and requested appropriation adjustments. Authorize the City Manager to approve budget adjustments up to the following amounts: • General Fund — Expenditures o $438,500 Personnel o $ 83,500 Maintenance & Operations o $ 23,993 Internal Service Charges o $ 12,300 Transfers Revenues o $40,000 Other Revenues 195 of 437 Page 7 Staff Report — Fiscal Year 2017 Mid -Year Budget Review February 21, 2017 • Parks Maintenance Fund — Expenditures o $ 2,880 Maintenance & Operations • Sewer Service Fund — Expenditures o $ 30,000 Transfers • Trash Rate Stabilization Fund — Expenditures o $ 42,000 Transfers • Personnel Compensation Fund — Expenditures o $ 12,300 Personnel Transfers In o $ 12,300 Transfers • Vehicle Replacement Fund — Expenditures o $ 226,000 Capital Outlay Revenues & Transfers In o $ 72,000 Transfers o $ 26,873 Other Revenues FISCAL IMPACT If all recommendations are approved, the use of unassigned General Fund fund balance for the fiscal year is projected to increase from $2.8 million to $3.3 million, the maximum impact of adjustments on appropriations would be as follows: • General Fund — Expenditures o general ledger clean-up $357,300 o supplemental appropriation requests $200,993 Revenues o general ledger clean-up $40,000 • Parks Maintenance Fund — Expenditures o supplemental appropriation requests $2,880 196 of 437 Page 8 Staff Report — Fiscal Year 2017 Mid -Year Budget Review February 21, 2017 • Sewer Service Fund — Expenditures o supplemental appropriation requests $30,000 • Trash Rate Stabilization Fund — Expenditures o supplemental appropriation requests $42,000 • Personnel Compensation Fund — Expenditures o general ledger clean-up $12,300 Transfers In o general ledger clean-up $12,300 • Vehicle Replacement Fund — Expenditures o supplemental appropriation requests $226,000 Revenues o supplemental appropriation requests $98,873 ATTACHMENTS Attachment 1 — Mid -Year Budget Adjustments Attachment 2 — Supplemental Appropriation Requests 197 of 437 Attachment 1 City of National City Mid -Year Appropriation Adjustments Fiscal Year 2017 General Fund — $345,000 1. Police Department: Budget increase for Salaries and related expenses (Personnel) — $305,000 Increase the Salaries appropriation by $305,000 to account for personnel related expenses as required per the Police Officers Association Memorandum of Understanding (MOU) salary increases. 2. Community Services Department: Budget increase for Contract Services (Maintenance & Operations) — $40,000 Increase the Contract Services appropriation to account for the National School District — Learn to Swim Program at Las Palmas Pool. An agreement with National School District was approved by the City Council on August 2, 2016 (Resolution 2016-108). This expense request is offset by revenues of $40,000 from the National School District. Department of Finance recommendation: Authorize the City Manager to approve budget adjustments totalling up to $345,000 (total impact) for item #s 1-2 above to be funded by transfers within the General Fund budget or use of fund balance, as necessary. Personnel Compensation Fund — $12,300 1. Non -Departmental: Budget increase for recent retirements resulting in increased retiree healthcare costs (Personnel) - $12,300 Department of Finance recommendation: Authorize the City Manager to approve budget adjustments totalling up to $12,300 for item # 1 above. City of National City Revenue Budget Adjustment Request Fiscal Year 2017 General Fund: $40,000 1. Revenue budget increase related to National School District Learn to Swim Program at Las Palmas (Community Services) - $40,000 Increase the Swimming Pool revenue account for the National School District — Learn to Swim Program at Las Palmas Pool. Agreement with National School District was approved by the City Council on August 2, 2016 (Resolution 2016-108). Corresponding increase of the expenditure budget by $40,000. Department of Finance recommendation: Authorize the City Manager to approve budget adjustments totalling $40,000 for item # 1 above. Page 1 of 2 198 of 437 Attachment 1 City of National City Transfers Budget Adjustment Request Fiscal Year 2017 Personnel Compensation Fund: $12,300 1. Transfer -In appropriation increase from the General Fund due to recent retirements resulting in increased retiree healthcare costs - $12,300 Department of Finance recommendation: Authorize the City Manager to approve the budget adjustment and transfer -in totalling $12,300 for item # 1 above. General Fund: $12,300 1. Transfer -Out appropriation increase to the Personnel Compensation Fund due to recent retirements resulting in increased retiree healthcare costs - $12,300 Department of Finance recommendation: Authorize the City Manager to approve the budget adjustment and transfer -out totalling $12,300 for item # 1 above. Page 2 of 2 199 of 437 Attachment 2 City of National City Supplemental Appropriation Requests Fiscal Year 2017 General Fund: $200,993 1. Police: Budget increase for Overtime and related expenses (Personnel) — $133,500 Increase the Overtime, Medicare, and Workers Compensation appropriations to account for higher costs related to providing law enforcement support to the City of El Cajon under the regional mutual aid agreement, conducted homicide investigations, and account for Police Officers Association MOU salary increases. 2. Police: Budget increase for Training, Travel & Subsistence (Maintenance & Operations) — $17,500 Increase the POST Training appropriation due to the Police department achieving full staffing levels, and ensure staff are meeting the POST certification training requirements. 3. Fire: Budget increase for Materials & Supplies (Maintenance & Operations) — $26,000 Increase the Materials & Supplies appropriation for Strike Team that were used during various deployments. This expense request is offset by reimbursement revenues of $390,000 from the State of California. 4. Police: Budget increase for Vehicle Lease Charge of three (3) investigations vehicles (Internal Service Fund) — $17,553 Increase the Vehicle Lease Charge appropriation for the annual lease payments of the purchase of three (3) unmarked investigation vehicles. 5. Public Works: Budget increase for Vehicle Lease Charge of one (1) new Boom Lift (Internal Service Fund) — $6,440 Increase the Vehicle Lease Charge appropriation for the annual lease payment of the purchase of one (1) Boom Lift to be used for a variety of purposes, such as: tree trimming, traffic signal maintenance, and use at City facilities. Authorize the City Manager to approve budget adjustments totalling up to $200,993 for item #s 1-5 above to be funded by transfers within the General Fund budget or use of fund balance, as necessary. Parks Maintenance Fund: $2,880 1. Public Works: Budget increase for Vehicle Lease Charge of two (2) new E-Z Go Utility Carts (Internal Service Fund) — $2,880 Increase the Vehicle Lease Charge appropriation for the annual lease payment of the purchase of two (2) E-Z Go Utility Carts for parks maintenance. Page 1 of 3 200 of 437 Attachment 2 Authorize the City Manager to approve budget adjustments totalling up to $2,880 for item # 1 above to be funded by transfers within the Parks Maintenance Fund budget or use of fund balance, as necessary. Vehicle Replacement Fund: $226,000 1. Public Works: Budget increase for Automotive Equipment to purchase one (1) Gormann Rupp Trash Pump vehicle — $30,000 Increase the Automotive Equipment appropriation to purchase one (1) Gormann Rupp Trash Pump vehicle to maintain the sewer system. Transfer of funds from the Sewer Service Fund for this purchase in the amount of $30,000. 2. Public Works: Budget increase for Automotive Equipment to purchase one (1) Tennant Sweeper vehicle — $42,000 Increase the Automotive Equipment appropriation to purchase one (1) Tennant Sweeper vehicle to maintain bike paths. Transfer of funds from the Trash Rate Stabilization Fund for this purchase in the amount of $42,000. 3. Parks: Budget increase for Automotive Equipment to purchase two (2) E-Z Go Utility Carts — $12,000 Increase the Automotive Equipment appropriation to purchase two (2) E-Z Go Utility Carts for parks maintenance. The internal service fund annual lease expense to the Parks Maintenance Fund will be $2,880 for five years. 4. Police: Budget increase for Automotive Equipment to purchase three (3) investigation vehicles — $96,000 Increase the Automotive Equipment appropriation to purchase three (3) unmarked investigation vehicles. Including the replacement of a wrecked Ford Fusion, addition of a new Task Force officer vehicle, and the addition of a new detective vehicle. The internal service fund annual lease expense to the General Fund will be $17,553 for seven years. 5. Public Works: Budget increase for Automotive Equipment to purchase one (1) new Boom Lift — $46,000 Increase the Automotive Equipment appropriation to purchase one (1) Boom Lift to be used for a variety of purposes, such as: tree trimming, traffic signal maintenance, and use at City facilities. The internal service fund annual lease expense to the General Fund will be $6,440 for ten years. Authorize the City Manager to approve budget adjustments totalling up to $226,000 for item #s 1-5 above to be funded by transfers into the Vehicle Replacement Fund budget or use of fund balance, as necessary. Page 2of3 201 of 437 Attachment 2 City of National City Transfers Budget Supplemental Request Fiscal Year 2017 Trash Rate Stabilization Fund: $42,000 1. Transfer -Out appropriation increase to the Vehicle Replacement Fund to purchase one (1) Tennant Sweeper - $42,000 Department of Finance recommendation: Authorize the City Manager to approve the budget adjustment and transfer -out totalling $42,000 for item # 1 above. Sewer Service Fund: $30,000 1. Transfer -Out appropriation increase to the Vehicle Replacement Fund to purchase one (1) Gormann Rupp Trash Pump vehicle - $30,000 Department of Finance recommendation: Authorize the City Manager to approve the budget adjustment and transfer -out totalling $30,000 for item # 1 above. Vehicle Replacement Fund: $72,000 1. Transfer -In appropriation increase from the Trash Rate Stabilization Fund to purchase one (1) Tennant Sweeper - $42,000 2. Transfer -In appropriation increase from the Sewer Service Fund to purchase one (1) Gormann Rupp Trash Pump vehicle - $30,000 Department of Finance recommendation: Authorize the City Manager to approve the budget adjustment and transfer -in totalling $72,000 for item #s 1-2 above. Page 3 of 3 202 of 437 RESOLUTION NO. 2017 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING VARIOUS FISCAL YEAR 2017 MID -YEAR BUDGET ADJUSTMENTS WHEREAS, on June 7, 2016, the City Council of the City of National City adopted Resolution No. 2016-82, adopting the budget for Fiscal Year 2017; and WHEREAS, as part of the mid -year review process, the Finance Department reviewed the first six months for actual revenues and expenditures, and projected the last six months of the fiscal year; and WHEREAS, the mid -year budget review was presented to the City Council and members of the public on February 21, 2017; and WHEREAS, the City Manager has recommended approval of the Mid -Year Appropriation Adjustments (Attachment 1) and Supplemental Appropriation Requests (Attachment 2). NOW; THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves and adopts the Fiscal Year 2017 Mid -Year Appropriation Adjustments (Attachment 1) and Supplemental Appropriation Requests (Attachment 2). PASSED and ADOPTED this 21st day of February, 2017. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III interim City Attorney Ron Morrison, Mayor 203 of 437 City of National City Mid -Year Appropriation Adjustments Fiscal Year 2017 General Fund — $345,000 Attachment 1 1. Police Department: Budget increase for Salaries and related expenses (Personnel) — $305,000 Increase the Salaries appropriation by $305,000 to account for personnel related expenses as required per the Police Officers Association Memorandum of Understanding (MOU) salary increases. 2. Community Services Department: Budget increase for Contract Services (Maintenance & Operations) — $40,000 Increase the Contract Services appropriation to account for the National School District — Learn to Swirn Program at Las Palmas Pool. An agreement with National School District was approved by the City Council on August 2, 2016 (Resolution 2016-108). This expense request is offset by revenues of $40,000 from the National School District. Department of Finance recommendation: Authorize the City Manager to approve budget adjustments totalling up to $345,000 (total impact) for item #s 1-2 above to be funded by transfers within the General Fund budget or use of fund balance, as necessary. Personnel Compensation Fund — $12,300 1. Non -Departmental: Budget increase for recent retirements resulting in increased retiree healthcare costs (Personnel) - $12,300 Department of Finance recommendation: Authorize the City Manager to approve budget adjustments totalling up to $12,300 for item # 1 above. City of National City Revenue Budget Adjustment Request Fiscal Year 2017 General Fund: $40,000 1. Revenue budget increase related to National School District Learn to Swim Program at Las Palmas (Community Services) - $40,000 Increase the Swimming Pool revenue account for the National School District — Learn to Swim Program at Las Palmas Pool. Agreement with National School District was approved by the City Council on August 2, 2016 (Resolution 2016-108). Corresponding increase of the expenditure budget by $40,000. Department of Finance recommendation: Authorize the City Manager to approve budget adjustments totalling $40,000 for item # 1 above. Page 1 of 2 204 of 437 Attachment 1 City of National City Transfers Budget Adjustment Request Fiscal Year 2017 Personnel Compensation Fund: S12,300 1. Transfer -In appropriation increase from the General Fund due to recent retirements resulting in increased retiree healthcare costs - $12,300 Department of Finance recommendation: Authorize the City Manager to approve the budget adjustment and transfer -in totalling $12,300 for item # 1 above. General Fund: $12,300 1. Transfer -Out appropriation increase to the Personnel Compensation Fund due to recent retirements resulting in increased retiree healthcare costs - $12,300 Department of Finance recommendation: Authorize the City Manager to approve the budget adjustment and transfer -out totalling $12,300 for item # 1 above. Page 2 of 2 205 of 437 City of National City Supplemental Appropriation Requests Fiscal Year 2017 General Fund: $200,993 Attachment 2 1. Police: Budget increase for Overtime and related expenses (Personnel) — $133,500 Increase the Overtime, Medicare, and Workers Compensation appropriations to account for higher costs related to providing law enforcement support to the City of El Cajon under the regional mutual aid agreement, conducted homicide investigations, and account for Police Officers Association MOU salary increases. 2. Police: Budget increase for Training, Travel & Subsistence (Maintenance & Operations) — $17,500 Increase the POST Training appropriation due to the Police department achieving full staffing levels, and ensure staff are meeting the POST certification training requirements. 3. Fire: Budget increase for Materials & Supplies (Maintenance & Operations) — $26,000 Increase the Materials & Supplies appropriation for Strike Team that were used during various deployments. This expense request is offset by reimbursement revenues of $390,000 from the State of California. 4. Police: Budget increase for Vehicle Lease Charge of three (3) investigations vehicles (Internal Service Fund) — $17,553 Increase the Vehicle Lease Charge appropriation for the annual lease payments of the purchase of three (3) unmarked investigation vehicles. 5. Public Works: Budget increase for Vehicle Lease Charge of one (1) new Boom Lift (Internal Service Fund) — $6,440 Increase the Vehicle Lease Charge appropriation for the annual lease payment of the purchase of one (1) Boom Lift to be used for a variety of purposes, such as: tree trimming, traffic signal maintenance, and use at City facilities. Authorize the City Manager to approve budget adjustments totalling up to $200,993 for item ##s 1-5 above to be funded by transfers within the General Fund budget or use of fund balance, as necessary. Parks Maintenance Fund: $2,880 1. Public Works: Budget increase for Vehicle Lease Charge of two (2) new E-Z Go Utility Carts (Internal Service Fund) — $2,880 Increase the Vehicle Lease Charge appropriation for the annual lease payment of the purchase of two (2) E-Z Go Utility Carts for parks maintenance. Page 1 of 3 206 of 437 Attachment 2 Authorize the City Manager to approve budget adjustments totalling up to $2,880 for item # 1 above to be funded by transfers within the Parks Maintenance Fund budget or use of fund balance, as necessary. Vehicle Replacement Fund: $226,000 1. Public Works: Budget increase for Automotive Equipment to purchase one (1) Gormann Rupp Trash Pump vehicle — $30,000 Increase the Automotive Equipment appropriation to purchase one (1) Gormann Rupp Trash Pump vehicle to maintain the sewer system. Transfer of funds from the Sewer Service Fund for this purchase in the amount of $30,000. 2. Public Works: Budget increase for Automotive Equipment to purchase one (1) Tennant Sweeper vehicle — $42,000 Increase the Automotive Equipment appropriation to purchase one (1) Tennant Sweeper vehicle to maintain bike paths. Transfer of funds from the Trash Rate Stabilization Fund for this purchase in the amount of $42,000. 3. Parks: Budget increase for Automotive Equipment to purchase two (2) E-Z Go Utility Carts — $12,000 Increase the Automotive Equipment appropriation to purchase two (2) E-Z Go Utility Carts for parks maintenance. The internal service fund annual lease expense to the Parks Maintenance Fund will be $2,880 for five years. 4. Police: Budget increase for Automotive Equipment to purchase three (3) investigation vehicles — $96,000 Increase the Automotive Equipment appropriation to purchase three (3) unmarked investigation vehicles. Including the replacement of a wrecked Ford Fusion, addition of a new Task Force officer vehicle, and the addition of a new detective vehicle. The internal service fund annual lease expense to the General Fund will be $17,553 for seven years. 5. Public Works: Budget increase for Automotive Equipment to purchase one (1) new Boom Lift — $46,000 Increase the Automotive Equipment appropriation to purchase one (1) Boom Lift to be used for a variety of purposes, such as: tree trimming, traffic signal maintenance, and use at City facilities. The internal service fund annual lease expense to the General Fund will be $6,440 for ten years. Authorize the City Manager to approve budget adjustments totalling up to $226,000 for item #s 1-5 above to be funded by transfers into the Vehicle Replacement Fund budget or use of fund balance, as necessary. Page 2 of 3 207 of 437 Attachment 2 City of National City Transfers Budget Supplemental Request Fiscal Year 2017 Trash Rate Stabilization Fund: S42,000 1. Transfer -Out appropriation increase to the Vehicle Replacement Fund to purchase one (1) Tennant Sweeper - $42,000 Department of Finance recommendation: Authorize the City Manager to approve the budget adjustment and transfer -out totalling $42,000 for item # 1 above. Sewer Service Fund: $30,000 1. Transfer -Out appropriation increase to the Vehicle Replacement Fund to purchase one (1) Gormann Rupp Trash Pump vehicle - $30,000 Department of Finance recommendation: Authorize the City Manager to approve the budget adjustment and transfer -out totalling $30,000 for item # 1 above. Vehicle Replacement Fund: $72,000 1. Transfer -In appropriation increase from the Trash Rate Stabilization Fund to purchase one (1) Tennant Sweeper - $42,000 2. Transfer -In appropriation increase from the Sewer Service Fund to purchase one (1) Gormann Rupp Trash Pump vehicle - $30,000 Department of Finance recommendation: Authorize the City Manager to approve the budget adjustment and transfer -in totalling $72,000 for item #s 1-2 above. Page 3 of 3 208 of 437 CC/CDC-HA Agenda 2/21/2017 — Page 209 The following page(s) contain the backup material for Agenda Item: Notice of Decision — Planning Commission approval of a Conditional Use Permit for a Wireless Communications Facility at 2735 East 7th Street. (Applicant: Verizon Wireless) (Case File 2016-13 CUP) (Planning) 209 of 437 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: ;February 21, 2017 ITEM TITLE: ;Notice of Decision — Planning Commission approval of a Conditional Use Permit for a Wireless Communications Facility at 2735 East 7th Street. (Applicant: Verizon Wireless) (Case File 2016-13 CUP) AGENDA ITEM NO. 1 PREPARED BY' 'Michael Fellows PHONE: '336-4315 EXPLANATION: DEPARTMENT: Ina`f'� APPROVED BY: Verizon Wireless has applied for a Conditional Use Permit (CUP) to construct a wireless telecommunications facility comprised of a 60-foot tall artificial eucalyptus tree and accessory equipment. The project location is developed with the administrative offices for the Paradise Valley Seventh Day Adventist Church and is located 100 feet south of the Paradise Village Retirement Community. The proposed facility would be adjacent to the west property line adjacent to a parking lot and storage building for Paradise Valley Hospital. The property is located in the Institutional (I) zone. Planning Commission conducted a public hearing on February 6, 2017. Commissioners asked questions regarding the project, graffiti, findings, and conditions of approval. The Commission voted to approve the Conditional Use Permit based on attached findings and subject to Conditions of Approval with an added Condition to address graffiti removal. The attached Planning Commission staff report describes the proposal in detail. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: Categorically Exempt pursuant to Class 3 Section 15303 (New Construction or Conversion of small structures) ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff 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: Baca, Bush, DeLaPaz, Flores, Garcia, Sendt, Yamane ATTACHMENTS: 11. Overhead 2. Planning Commission Staff Report 3. Resolution No. 2017-04 4. Reduced Plans 210 of 437 aMMIInM Title: Item no. 3 February 6, 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 A WIRELESS COMMUNICATIONS FACILITY AT 2735 EAST 7TH STREET Case File No.: 2016-13 CUP Location: North of East 7th Street and Burden Drive Intersection Assessor's Parcel No.: 554-120-18 Staff report by: Michael Fellows — Assistant Planner Applicant: PlanCom Inc. for Verizon Wireless Zoning designation: I — Institutional Adjacent land use/zoning: North: Paradise Village Retirement Community / MXD-2 (Major Mixed Use District) East: Park View Memory Care / MXD-2 South: Paradise Valley Seventh-Day Adventist Church / I West: Paradise Valley Hospital Parking Lot / I Environmental review: Categorically Exempt pursuant to Class 3 Section 15303 (New Construction or Conversion of small structures) Staff recommendation: Approve 212 of 437 Planning Commission Meeting of February 6, 2017 Page 1 BACKGROUND Verizon Wireless (via PlanCom Inc.) has applied for a Conditional Use Permit (CUP) to construct a wireless telecommunications facility and install associated equipment. The design for the facility features an artificial eucalyptus tree. Project location The subject property is located on the north side of East 7th Street at the Burden Drive intersection. The 36,590 square -foot property is located in the Institutional (I) zone. The property is developed with a church administrative office building and fellowship hall. The property slopes steeply downward towards the northwest. Adjacent uses include: the Paradise Village Retirement Community to the north, Paradise Valley Hospital parking lot and storage area to the west, Park View Memory Care and a vacant lot to the east, and a Paradise Valley Seventh-Day Adventist Church to the south across East 7th Street. Proposed Use The applicant is proposing to construct a 60-foot tali artificial eucalyptus tree with 12 panel antennas, one microwave antenna, and one GPS antenna. The artificial tree and associated equipment would be located on the west side of the property, between the office building and the western property line. The equipment would occupy 159 square - feet and be located in a walled and chain -link enclosed area directly adjacent to the office building. The proposed telecommunication facility is designed to address an area of weak service in the Verizon Wireless network. Analysis The proposal is consistent with General Plan policy E-3.3 (Education and Public Participation) that aims to increase access to wireless Internet connections, computers, and other forms of communication technology. The proposal is also generally consistent with the Land Use Code, because wireless communications facilities are a conditionally - allowed use in the I zone and for the reasons detailed below. The Land Use Code requires that telecommunication facilities be sensitively designed to be compatible with, and minimize visual impacts to, surrounding areas. It also requires that telecommunication facilities and appurtenances be screened by existing or proposed landscaping, to the extent possible, without compromising reception and/or transmission. 213 of 437 Planning Commission Meeting of February 6, 2017 Page 2 In this case, the applicant proposes an artificial eucalyptus tree to minimize visual impacts on the surrounding area. The eucalyptus tree is consistent with existing landscaping, as eucalyptus trees are planted both on and around the project site. In addition, all equipment mounted on the artificial tree will be painted to match the tree. The proposed facility is inconsistent with sections of the Land Use Code that encourage telecommunication facilities to be integrated into a building's design, rather than provide service via bare telecommunication towers. In this case, building integration was not feasible because of the antenna height required to provide the desired cellular coverage. The Land Use Code requires co -location of telecommunication towers where feasible. In this case, there are no existing wireless facilities located near the subject property so co - location is not feasible. The Land Use Code also requires telecommunication facilities to be located at least 75 feet from any habitable structure on a separate property. The proposed facility meets this requirement, as the closest habitable buildings are located approximately 100 feet away in the Paradise Village Retirement Community. The facility would likely impact existing development, as views from the southerly units of the aforementioned community could be obscured. The facility could also potentially affect future development on neighboring properties, because any habitable space must be 75 feet from the facility. However, there are no future projects being discussed or processed by the Planning Department that would be impacted by the project. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA). Staff has determined that the proposed use is categorically exempt from environmental review pursuant to Class 3 Section 15303 (New Construction or Conversion of Small Structures), for which a Notice of the Exemption will be filed subsequent to approval of this CUP. Class 3 consists of construction. and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and, the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The proposed use would be consistent with this description as a new, small facility. 214 of 437 Planning Commission Meeting of February 6, 2017 Page 3 Department comments Comments were provided by the Fire Department, which require compliance with the California Fire Code and National Fire Protection Association codes. Additional comments provide specifications for signage, and that the Fire Department is included in all rough stages of inspections. Comments were provided by the Engineering Department that require: 1) Construction of a pedestrian ramp; 2) Pavement repair, 3) Property comers marked by a licensed Surveyor; 4) Adjustment of the sewer cleanout; and, 5) The "no parking" (red curb) in front of the fire hydrant must be repainted. Engineering also provided standard comments for entitlements that approve future construction. Conditions of Approval Standard Conditions of Approval have been included in the staff report. Additionally Conditions have been added reflecting comments and requirements from Fire, Building, Engineering Departments, and San Diego Gas and Electric (SDG&E). 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 I zone pursuant to a CUP, and the proposed facility meets the required telecommunication facility design guidelines that include the applicant making a good faith effort in achieving colocation, the facility provides the minimum distance requirements from habitable space, and the facility is sensitively designed to minimize visual impacts. 2. The proposed use is consistent with the General Plan and any applicable specific plan. General Plan .Policy E-3.3 encourages access to wireless intemet connections, computers, and other forms of communication technology: the proposed telecommunications facility provides Internet/cellular data as well as standard cellphone service capability. In addition, the proposed facility is a conditionally -permitted use in the I zone. 215 of 437 Planning Commission Meeting of February 6, 2017 Page 4 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 60-foot artificial eucalyptus tree will adequately screen the 12 panel antennas, one microwave antenna, and one GPS antenna. Furthermore, the office building will mostly screen the equipment from adjacent properties. Future development is unlikely to be impacted because the only neighboring property likely to be developable is currently a parking lot for Paradise Valley Hospital. 4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints. The site is suitable for the proposed telecommunication facility because the facility meets all development standards and distance requirements, and the facility would only utilize 159 square feet of the 36,590 square -foot lot. Furthermore the lot has access from E. 7th Street and access to all necessary utilities. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located. The proposed facility will not be highly visible because the 60-foot artificial eucalyptus tree and associated equipment will be adequately screened from adjacent properties. 6. That the proposed project has been reviewed in compliance with the Califomia Environmental Quality Act. 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 3 Section 15303 (New Construction or Conversion of Small Structures), for which a Notice of Exemption will be filed subsequent to approval of this CUP. The 1996 Telecommunications Act states that, "no State or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio 216 of 437 Planning Commission Meeting of February 6, 2017 Page 5 frequency emissions to the extent that such facilities comply with the Commission's regulations concerning such emissions." It should also be pointed out that if approved by a local jurisdiction, all wireless communications facilities must obtain all required state and federal permits in order to operate. A Condition of Approval is included requiring these permits. Summary The proposed project is consistent with the General Plan and Land Use Code in that it meets all applicable design requirements for wireless communication facilities. The project is considered `stealth' in that it would blend with existing landscaping. The antennas would not be highly visible and the operating equipment would be completely screened from view. The new facility will help to provide coverage in an area with limited service and provide additional reception for Verizon Wireless customers. OPTIONS 1. Approve 2016-13 CUP subject to the attached conditions, and based on attached findings or other findings as determined by the Planning Commission; or 2. Deny 2016-13 CUP based on findings as determined by the Planning Commission; or, 3. Continue the item for additional information 217 of 437 Planning Commission Meeting of February 6, 2017 Page 6 ATTACHMENTS 1. Recommended Findings 2, Recommended Conditions 3. Overhead 4. Existing Wireless Facilities Map & List 5. Coverage Map 6. Public Hearing Notice (Sent to 327 property owners & 67 Occupants) 7. Notice of Exemption 8. Applicant's Plans (Exhibits A and B, Case File No. 2016-13 CUP, dated 12/8/16) MICHAEL FELLOWS Assistant Planner BRAD RAULSTON Deputy City Manager 218 of 437 RECOMMENDED FINDINGS FOR APPROVAL 2016-13 CUP — 2735 E. 7t' Street 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 Institutional zone pursuant to a Conditional Use Permit, and the proposed facility meets the required telecommunication facility design guidelines that include the applicant making a good faith effort in achieving colocation, the facility provides the minimum distance requirements from habitable space, and the facility is sensitively designed to minimize visual impacts. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, because General Plan Policy E-3.3 encourages access to wireless Internet connections, computers, and other forms of communication technology: the proposed telecommunications facility provides interneticellular data as well as standard cellphone service capability. In addition, the proposed facility is a conditionally -permitted use in the Institutional 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 60-foot artificial eucalyptus tree will adequately screen the 12 panel antennas, one microwave antenna, and one GPS antenna. Furthermore, the office building will mostly screen the equipment from adjacent properties. Future development is unlikely to be impacted because the only neighboring property likely to be developable is currently a parking lot for Paradise Valley Hospital. 4. That the site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, because the proposed telecommunications facility meets all development standards and distance requirements, and the facility would only utilize 159 square -feet of the 36,590 square -foot lot. Furthermore the lot has access from East 7th Street and access to all necessary utilities. 5. That granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone 219 of 437 in which the property is located, because the proposed facility will be adequately screened from adjacent properties. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, and staff has determined the proposed use to be categorically exempt from environmental review pursuant to Class 3 Section 15303 (New Construction or Conversion of Small Structures), for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. 220 of 437 RECOMMENDED CONDITIONS OF APPROVAL 2016-13 CUP — 2735 E. 7th Street General 1. This Conditional Use Permit authorizes a wireless communications facility on a lot developed with church administrative offices and a fellowship hall on the property identified by Assessor Parcel Number 560-410-03. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A and B, Case File No. 2016-13 CUP, dated 12/8/16. Any additional antennas or facilities must be in substantial conformance with the design for installation shown on these plans. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on . all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attomey 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 Section 18.12.040 of the Municipal Code. Fire 5. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA). 6. All required signage shall be designed and installed, as specified in Fire Department comments dated January 23r', 2017. 221 of 437 7. The National City Fire Department shall be involved with all fire inspections for this site. Rough inspections are required for all phases of work. SDG&E 8. The developer must call DigAlert before doing any work for the artificial tree. Engineering 9. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. If required, an approved SWPPP will be required prior to issuing of a construction permit. 10.AII 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 wits be permitted to flow over the sidewalk. Adjacent properties shall be protected from surface run-off resulting from this development. 11.A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any trading construction on private property. 12.A new pedestrian ramp shall be installed along the northerly line of Burden Drive across from the existing pedestrian ramp on the south east corner of the intersection to provide required ADA travel. The Ramp shall conform to the San Diego Regional Standard Drawings (SDRSD) and applicable ADA standards. 13. Street pavement repair will be required. The work shall be as follows: All deteriorated asphalt sections in Burden Drive along the proposed trench to be marked out in the field by the City. 14. Property comers shall be staked by a licensed land surveyor prior to the start of any work. The encroachment or overhang of any facility into street right of way is strictly prohibited without first entering into an encroachment agreement with the City. 15.Street improvements shall be in accordance with the City Standards. All missing street improvements shall be constructed. Abandoned driveway aprons shall be replaced with curb, gutter, and sidewalks. 16.Adjust sewer cleanout next to the Cox Communications box to below grade and provide a traffic rated lid. 17.The "no parking" zone (red curbing) provided for the fire hydrant shall be repainted. 222 of 437 Planning 18. All appropriate and required local, state and/or federal permits must be obtained prior to operation of the wireless communications facility. 19. All equipment mounted on the artificial tree will be painted to match the tree. Other equipment must be screened from view. Any apparatus visible to the exterior of the facility, including cable chases/trays, shall be painted to match the surface on which it is mounted. 20. The permittee shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant and the complaining user. This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 21. The applicant or operator shall be responsible for the removal and disposal of any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete within six (6) months of discontinuance. 223 of 437 2016-13 CUP — 2735 E. 7th — Overhead 224 of 437 Feet 1,375 2,750 5,500 rOA Wireless facilities In National City Wireless facilities in unincorporated area Wireless Communication Facilities National City Planning Department 2012 225 of 437 FACILITY APN LOCATION PROVIDER FILE_NO_ 1 562-340-44 2434 Southport Urban Comm Rad CUP-1992-11 Radio communication facility (microwave transmitter)- 80-foot tall tower and 8-foot in diameter dish antenna 2 562 340 26 300 W 28th AirTouch CDC Reso 94-28 75-foot monopole with three sector antennas and 450-sa foot eauipment buildina. 562-340-26 300 W 28th Nextel CUP-2003-30 12 antennae on existing communications tower and a 270 square foot equipment enclosure adiacent to existing equipment 4 559-032-02 1215 Wilson Pac Bell CUP-1995-11 Located on roof of existina building. PCS facility- six roof -mounted antennas and two ground -mounted equipment boxes. 5 557-410-03 1645 E Plaza Pac Bell CUP-1995-13 Located on roof of Quality Inn. PCSfacility- six panel antennas and equipment cabinet. 6 555-086-11 910 Hoover AirTouch CUP-1995-18 Located on existing building. Cellular facility- three support structures with five panel antennas each, two dish antennas and equipment cabinet 7 556-471-24 801 National City Blvd AT&T CUP-1996-2 Located on roof of Red Lion Hotel. Paging facility- four whip antennas, one global positioning satellite antenna and equipment cabinet. 556-471-24 801 National City Blvd Nextel CUP-1994-8 Located on roof of Red Lion Hotel. ESMR facility- three whip antennas and eauipment cabinet. 556-471-24 801 National City Blvd Pagenet CUP-1996-12 Located on roof of hotel. Paging facility- four antennas and eauipment cabinet one floor down from roof. 556-471-24 801 National City Blvd AT&T CUP-1999-5 Located atop Red Lion Hotel. Wireless communication facility- four antennas and radio base system. 8 554-120-30 2400 E 4th AT&T CUP-1996-4 Located on roof of Paradise Valley Hospital. Paaina facility- four whip antennas, one alobal POsitioninasatellite antenna and equipment cabinet. 9 559-160-13 1022 W Bay Marin GTE CUP-1996-5 Located on a 360-sa foot building. Cellular facility- 60-foot monopole with twelve panel antennas. 10 563-370-36 3007 Highland Pac Bell CUP-1996-6 Located on existing Super Saver buildina. PCSfacility- six panel antennas and two equipment cabinets. 12 554-050-12 303 Palm AirTouch CUP-1996-8 60-foot hiah monopole with six whip antennas, thirty directional cellular antennas, and three dishes with an eauiDmentcabinet at base. 554-050-12 303 Palm Sprint PCS CUP-2001-10 Located on National Guard Armory property. PCSfacility six antennas in three 40-foot flag poles, one GPS antenna and a new equipment building. 226 of 437 14 564-471-01 3030 Plaza Bonita Rd Nextel CUP-1997-8 Located atop Plaza Bonita sign. ESMRfacility- nine antennas and equipment cabinet. 564-471-01 3030 Plaza Bonita Rd Pac Bell CUP-1996-7 Located atop the existing Plaza Bonita sign. PCSfacility- three antennas and two eauiDmentcabinets at base of sign. 16 557-420-36 1840 E 12th Nextel CUP-1999-4 60-foot monopalm on vacant commercial lot. 20 555-082-11 111 W 9th Sprint CUP-2000-9 Located atop 2-story Sid's Carnet. Barn warehouse. Wireless communication facility- twelve wireless panel antennas and 4-inch GPS antenna. 21 555-030-21 330 National City Blvd GTE CUP-2000-11 Located atop BayTheatre. Wireless communication facility- twelve panel antennas and four equipment cabinets. 22 564-250-50 2435 Sweetwater Sprint CUP-2000-14 Located at Sweetwater Inn. Global Positioning System with nine panel antennas. 30 557-420-36 1905 E Plaza Sprint PCS CUP-2001-3 53 foot tall monopalm with nine panel antennas. PCS Facility with one equipment enclosure and a GPS antenna. 32 556-473-18 242 E 8th AT&T CUP-2001-6 Located atop an existing church. 34 563-370-35 3007 Highland Nextel CUP-2001-12 Located atop Sweetwater Square. New equipment building over trash enclosure, nine panel antennas and one GPS antenna. 36 563-231-38 1914 Sweetwater Cingular CUP-2002-3 Located on an existing 75 foot tall pole sign for the SweetwaterTown and Country Shopping Center. 37 564-310-37 3737 Sweetwater Cingular CUP-2002-4 72 foot tall monopine with standard equipment enclosure 39 556-101-15 241 National City Blvd Cingular CUP-2002-6 12 panel antennas behind four new partial parapet walls atop an existina furniture store; four equipment cabinets outside 40 558-200-24 2415 E 18th Cingular CUP-2002-13 Panel antennas located inside new liaht standards; equipment located inside existing commercial buildina 41 556-354-13 716 Highland AT&T CUP-2002-14 Six facade mounted panel antennas with equipment on roof of PacBell switching station. Equipment screened to match existing. 44 556-590-61 1019 Highland Sprint PCS CUP-2002-24 6 panel antennas in a new monument sign in the South Bay Plaza shopping center 556-590-61 1019 Highland Cingular CUP-2002-2 Located atop South Bay Plaza on an existing mechanical equipment screen. 51 552-283-11 2323 E Division Sprint CUP-2004-6 3 panelantennasina 9x10x16 roof-mountedcupola 227 of 437 52 560-191-30 1701 D Ave Nextel CUP-2004-12 12 panel antennas on a 57' faux broadleaf tree with 230 square foot equipment enclosure 53 551-570-20 51 N Highland Sprint CUP-2004-15 2 panel antennas in a 45' flagpole with 4 wall -mounted equipment cabinets 55 563-231-39 1914 Sweetwater Nextel PC Reso 20-2002 2 panel antennas in a 45' flagpole with 4 wall -mounted equipment cabinets 57 554-120-24 2701 E 8th Cingular PC Reso 02-2001 Co-Iocationin churchspire-3 antennas within existing architectural feature 554-120-24 2701 E 8th T-Mobile CUP-2000-19 Located at existing church. Antennas located in a GO-footmonument. 554-120-24 2701 E 8th Sprint CUP-2000-27 12 panel antennas mounted on exterior of self -storage building and painted to match; all equipment located inside of the buildings 554-120-24 2701 E 8th AT&T CUP-2000-19 Located at existing church. Antennas located in a 60-foot monument 58 558-030-30 1035 Harbison Nextel CUP-2005-3 12 panel antennas on a monopalm with 299 SQ.ft. equipment enclosure. 60 556-510-12 914 E 8th Cingular CUP-2005-10 12 panel antennas on 39-ft monopine with 280 sq. ft. equipment shelter 61 559-040-53 1439 Tidelands Cingular CUP-2005-9 12 panel antennas on monopalm with associated equipment shelter 559-040-53 1445 Tidelands Nextel CUP-2000-31 40-footmonopalmwith three sectors of four antennas each and equipment shelter 63 562-200-02 2900 Highland Cingular CUP-2005-12 3 antennas on replacement light standard with associated equipment shelter 64 563-010-47 2605 Highland Cricket CUP-2006-11 3 antennas in new architectural feature of church with associated equipment 563-010-47 2605 Highland Sprint CUP-2002-18 Sixpanel antennas and equipment inside a new 54 foot tall monument/cross/sign. 65 557-420-31 1900 E Plaza Cricket CUP-2006-6 3 antennas on new faux palm tree with associated equipment 557-420-31 1900 E Plaza Cingular CUP-2004-4 5 panel antennas in a new pole sign at Jimmy's Restaurant 67 561-222-23 1526-40 E 18th T-Mobile CUP-2006-10 12 panel antennas on a new 45-foot tall faux pine tree with associated equipment shelter 68 564-471-07 3030 Plaza Bonita Rd Cingular CUP-2005-24 12 antennas facade mounted to new rooftop enclosure that will house equipment 228 of 437 68 564-471-07 3030 Plaza Bonita Rd Venzon CUP-2003-13 12 panel antennas on the roof of the Plaza Bonita Mall behind a screen wall 69 559-106-17 525 W 20th Cricket CUP-2005-25 3 antennas on existing self storage building painted to match with associated equipment 559-106-17 525 W 20th Sprint CUP-2001-4 Located on existina storage building. Wireless communication facility 9 antennas and equipment building. 70 554-050-15 2005 E 4th Cricket PC Reso 09-2003 3 antennas on existing tight standard with associated equipment shelter 554-050-15 2005 E 4th Cingular CUP-2003-5 12 panel antennas on a replacement 100 foot light standard in ElTovon park and a 160 square foot equipment enclosure. 554-050-15 2005 E 4th GTE CUP-1998-4 Located in ElTovon Park. Cellular facility- 97'8" monopole with twelve panel antennas, three omni antennas, and 192-sqfoot equipment building. 554-050-15 2005 E 4th Nextel CUP-2005-15 12panel antennas on a 47-foot tall faux -broadleaf awith 230 sq. ft.equiprnent shelter 71 564-290-06 3820 Cagle St Cricket PC RESO 10-2004 3 antennas on existing faux pine tree with vaulted equpment shelter 564-290-06 3820 Cagle St Sprint CUP-2001-2 Located at Sweetwater Heights Centennial Park. Wireless communication facility- 35-foot pole with six antennas, equipment building and adiacent iiahting for the park. 564-290•-06 3820 Cagle St T-Moblle CUP-2004-3 Located at Sweetwater Heights Centennial Park. Wireless communication facility- 55-foot monopine with twelve panel antennas and equipment building 564-290.-06 3820 Cagle St Cingular PC Reso 11-2002 Co -location on 55-foot monopine - additional 12 panel antennas and new 275 SQ.ft. equipment vault 72 669-060-26 5800 Boxer Rd Cricket PC RESO 32-2003 3 antennas on existing water tower with associated equipment shelter 669-060-26 5800 Boxer Rd T-Mobile CUP-2003-16 12 panel antennas on the outside of the 0.0. Arnold water tank and a 150 square foot equipment enclosure adiacent to the tank 669-060-26 5800 Boxer Rd Sprint PC Reso 32-2003 6 panel antennas cn the outside of the 0.0. Arnold water tank and a 360 square foot equipment enclosure adjacent 669-060-26 5800 Boxer Rd Cingular CUP-2005-21 12 panel antennas on the outside of the 0.0. Arnold water tank and a 520 square foot equipment enclosure adjacent 73 562-330-43 152 W 33rd Cricket PC Reso 21-2002 3 antennas on existing self storage within matching architectural projection with associated equipment 562-330-43 152 W 33rd Sprint CUP-2002-8 12 panel antenas mounted on exterior of self -storage building and painted to match; all equipment located inside of the 229 of 437 74 555-053-17 700 NCB Cricket PC Reso 05-2000 3 antennas facade mounted to existina hotel with associated equipmen 555-053-17 700 NCB Metricom CUP-2000-4 Located atop Holiday Inn. Wireless communication facility with equipment cabinet. 555-053-17 700 NCB Skytel CUP-2000-30 Located atop Holiday Inn Hotel. - 8-foot whip antenna, two 4x2-foot panel antennas, and one GPS antenna with two indoor equipment cabinets. 75 560-203-03 1800 National City Blvd Nextef CUP-2006-15 15 panel antennas behindscreen wall atop existing car dealership with associated equipment 76 561-360-35 1810 E 22nd Cricket 2007-14 CUP 3 antennas on recration building at Las Palmas Park 561-360-35 1820 E 22nd Sprint-Nextel CUP-2000-8 Located in Las Palmas Park. Monopalm and eauipment along with live palms. 78 560-143-36 1703 Hoover Cleawire 2009-22 CUP 9 antennas located on 3 different locations on industrial/ warehouse building. Each location will have 2 pannel antennas. Associated equiptment will be located in building 79 559-160-33 700 Bay Marina Dr Cleawire 2009-23 CUP 9 antennas on tower of Marina Gateway Plaza commercial building hidden behind parapet wall. 6-foot tali equiptmant cabinent on roof below tower will be mostly covered 80 560-151-20 142E 16th AT&T 2010-11 CUP 6 panel antennas and RF transparent cupola atop National City Ministry Church, as well as a 330 sq ft equipment/storage/trash enclosure on the ground. The 8-foot tall Cupola will have a cross afixed to it in order to appea as part of the church 81 561-271-01 2005 Highland Ave Plancom 2010-31 CUP 12 antenas on a 43-foot mono -palm on eastem property line 561-271-01 2005 Highland T-Mobile CUP-2003-4 12 antennas on the roof of a Highland Avenue office building 561-271-01 2005 Highland Cingular CUP-2006-2 12 antennas on the roof of a Highland Avenue office building with new cupola to match existing 82 563-184-47 2909 Shelby Dr P95-025 75-foot monopole and equipment building. 83 563-062-17 2524 Prospect St AT&T ZAP99-028 35-foot monopalm with three sector directional antenna system and equipment cabinets. 85 564-310-32 3312 Bonita Heights Lane AT&T ZAP00-133 86 563-063-29 2563 Grove St AT&T MUP91-026W2 230 of 437 86 563-063.29 2563 Grove St P91-026W Monopole located aside live palm trees. 231 of 437 Coverage without site • 445 • • a via 11 r • ' Imi. Pr:1: • • VI • 0.:"•:-.4:1 11 • is mai s u wur sip - fit? IrLIN 14 -• '11 ' I L'"' a a awn 1 a a 2735 :7SthESt. id National City, CA 91950 Best Signal Level (dBm) =-75 Best Signal Level (dem) Best Signal Level (dem) Best Signal Level (dem) 3, -105 Coverage Levels: Excellent isoodivaiisale Poor Coverage with site verizonv Best Signal Level (dBm) a 3.-75 Best Signal Level (Mai) a .=-85 Best Signal Levet (demi =-95 Best Signal Level (ake) =-105 S/4/2016 • CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY LOCATED AT 2735 E. 7TH STREET, CASE FILE NO.: 2016-13 CUP APN: 554-120-18 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, February 6, 2017, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Plan Com Inc. for Verizon Wireless) The applicant is proposing to install a 60-foot tall artificial eucalyptus tree, 12 panel antennas, and one microwave antenna and associated equipment behind an existing office building. Information is available for review at the City's Planning Department, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Department on or before 12:00 p.m., February 6, 2017, who can be contacted at 619-336-4310 or planningRnationalcitvca.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 Comrlssion at, or prior to, the public hearing. NATIONAL CITY PLANNING DEPARTMENT BRAD RAULSTON Deputy City Manager 233 of 437 CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: 2016-13 CUP Project Location: APN: 554-120-18 behind 2735 E. 7th Street, National City, CA. Contact Person: Michael Fellows Telephone Number: (619) 336-4315 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit for a wireless communications facility on a property developed with an adjacent office building. The project would increase signal strength and service area for Verizon Wireless customers. Applicant: PlanCom Inc. 302 State Place Escondido, CA 92029 Exempt Status: Telephone Number: (760) 735-4913 ® Categorical Exemption. Class 3 Section 15303 (New Construction or Conversion of small structures) Reasons why project is exempt: There is no possibility that the proposed use will have a significant impact on the environment because the facility is located on a lot developed with an office building, and the antennas will be screened by an artificial eucalyptus tree that will blend with area and existing landscaping. The proposal is at the perimeter of the property, thus will not affect use of the property. Date: MICHAEL FELLOWS Assistant Planner 234 of 437 RESOLUTION NO. 2017-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY AT 2735 EAST 7T" STREET. CASE FILE NO. 2016-13 CUP APN: 554-120-18 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for a Wireless Communications Facility at 2735 East 7th Street at a duly advertised public hearing held on February 6, 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. 2016-13 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 February 6, 2017, support the following findings: 1. That the proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and compiles with all other applicable provisions of the Land Use Code, because the use is allowable within the Institutional zone pursuant to a Conditional Use Permit, and the proposed facility meets the required telecommunication facility design guidelines that include the applicant making a good faith effort in achieving colocation, the facility provides the minimum distance requirements from habitable space, and the facility is sensitively designed to minimize visual impacts. 235 of 437 Resolution No. 2017-04 Page 2 2. That the proposed use is consistent with the General Plan and any applicable specific plans, because General Plan Policy E-3.3 encourages access to wireless Internet connections, computers, and other forms of communication technology: the proposed telecommunications facility provides internet/cellular data as well as standard cellphone service capability. In addition, the proposed facility is a conditionally -permitted use in the Institutional 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 60-foot artificial eucalyptus tree will adequately screen the 12 panel antennas, one microwave antenna, and one GPS antenna. Furthermore, the office building will mostly screen the equipment from adjacent properties. Future development is unlikely to be impacted because the only neighboring property likely to be developable is currently a parking lot for Paradise Valley Hospital. 4. That the site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, because the proposed telecommunications facility meets all development standards and distance requirements, and the facility would only utilize 159 square -feet of the 36,590 square -foot lot. Furthermore the lot has access from East 7th Street and access to all necessary utilities. 5. That granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the proposed facility will be adequately screened from adjacent properties. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, and staff has determined the proposed use to be categorically exempt from environmental review pursuant to Class 3 Section 15303 (New Construction or Conversion of Small Structures), for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes a wireless communications facility on a lot developed with church administrative offices and a fellowship hall on the property identified by Assessor Parcel Number 560-410-03. Except as required by conditions 236 of 437 Resolution No. 2017-04 Page 3 of approval, all plans submitted for permits associated with the project shall conform with Exhibits A and B, Case File No. 2016-13 CUP, dated 1218/16. Any additional antennas or facilities must be in substantial conformance with the design for installation shown on these plans. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the 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 Cleric and submitted to the National City Planning Department. 4. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.12.040 of the Municipal Code. Fire 5. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA). 6. All required signage shall be designed and installed, as specified in Fire Department comments dated January 23rd, 2017. 7. The National City Fire Department shall be involved with ail fire inspections for this site. Rough inspections are required for all phases of work. SDG&E 8. The developer must call DigAlert before doing any work for the artificial tree. Engineering 9. 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 237 of 437 Resolution No. 2017-04 Page 4 Water Pollution Prevention Plan (SWPPP) for the project. If required, an approved SWPPP will be required prior to issuing of a construction permit. 10.AII 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. 11.A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any trading construction on private property. 12.A new pedestrian ramp shall be installed along the northerly line of Burden Drive across from the existing pedestrian ramp on the south east corner of the intersection to provide required ADA travel. The Ramp shall conform to the San Diego Regional Standard Drawings (SDRSD) and applicable ADA standards. 13.Street pavement repair will be required. The work shall be as follows: All deteriorated asphalt sections in Burden Drive along the proposed trench to be marked out in the field by the City. 14. Property corners shall be staked by a licensed land surveyor prior to the start of any work. The encroachment or overhang of any facility into street right of way is strictly prohibited without first entering into an encroachment agreement with the City. 15. Street improvements shall be in accordance with the City Standards. All missing street improvements shall be constructed. Abandoned driveway aprons shall be replaced with curb, gutter, and sidewalks. 16.Adjust sewer cleanout next to the Cox Communications box to below grade and provide a traffic rated lid. 17.The "no parking" zone (red curbing) provided for the fire hydrant shall be repainted. Planning 18. All appropriate and required local, state and/or federal permits must be obtained prior to operation of the wireless communications facility. 19. All equipment mounted on the artificial tree will be painted to match the tree. Other equipment must be screened from view. Any apparatus visible to the exterior of the facility, including cable chases/trays, shall be painted to match the surface on which it is mounted. 20.The permittee shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant and the complaining user. This condition in no 238 of 437 Page 5 way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 21.The applicant or operator shall be responsible for the removal and disposal of any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete within sic (6) months of discontinuance. 22. Exterior walls of build;r 1poies to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building Official. Graffiti shall be removed within 24 hours of its observance. 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 February 6, 2017, by the following vote: AYES: Bush, Baca, !anima, Garcia, Sendt, fares, Dela NAYS: None. ASSENT: None. ABSTAIN: None. C AIRPE 239 of 437 am.M1MMfa • i PROJECT TEAM YEl ACOWTRTWI PE.WMNR .msTATERACO .E NI MITE RATE 9m0040u1110 eMABCO.Masr mnAL, aPw4Y000v ..1.441.41 *$ m.R.c a.rwc [aIOMVLIJAEOTaELFEm AMMO OaT1MMVsr.sm>D A•OaI - R po:.MP 4. Tool owns OTLRVCOO NNATOR• lalab MOW ITMI.eiMME.aAI . Mm am nitiuBETamer : 014 rMam VERIZON WIRELESS SIGNATURE BLOCK UNMOOR 4Tc MUTT VENOM verizon E 8TH & S EUCLID MTX4O / BSC2S / MCE 2735 E. 7TH STREET NATIONAL CITY, CA 91950 PROJECT DESCRPTIDN vPETEMI..4rmTD,TPM...-aMTaaar iM.tt.: Rri11L oaggT«,K P1.0.Y.11t • Haas-VMsmwwa.TlisEMUWIaae E01P11MTGaXaM ..-A EINCONORPI.00Di B1OWtLYCMK GPMAT NAM • -aeulcx Or rumorm i.n meNAIVasTawW ATTINNITaW11TaBtaTTVnwnlOAFTE nluvn®wATIORKwf •oe.ir Tmr • ITMKa11AGAf11>7 liTa�-".�g ecwP.somiw¢ww • rIM 1a VEiRs aPOeaMTbaOasar.ROIEVTrX.M MIAOW :M1V YDNrW alGBCLYTN • eTaCpa-T..r. ar.lii#uCIBMtlEYORATRMMSDNIEIT d1 eRr�aamTitr IaOI.aMET4UPar • obi I ITEViVrcn. Imam anALreLa.MwTmrom?DEm WMOR +one • aVALTTIalaf A lEarMA•PasRCuatfwOt • +r+1•Dava1aTTMPaIaAxe mRTIaa •-urcwaa.OIalaN R.waa.a.aa..Maar VICINITY MAP 1M4-ea41E1•404 MM.011 DRMNG DIRECTIONS ROM VB®ROT1rE isio EMI BMW 16111044 BTA.dMa ` aei.m.0 wormI. ago T.f.a.-erar•rr.L T. WORE WWI $.e va"on TI.E O1M.PTOM MOO A IBAE6MMO ▪ aMPT@TATIT(R TT CCORWA1MTOEp. INIO L 1rtfTOMOROL Ma.V la ♦ T-•1AFFOIROEUCLIDOnaaa»rt It T.M1FTOROM.-Aa1 ReTEOM1NLLM OMT OTETT. PROJECT SUMMARY APPUCANTAESSE wirkone IraMWMMMTABM DI afiariMDsi- FPRTG+RS REPPFSENTATNE MAMMA NC MINTAISTUUTE 410014424.1044 TEL,�11E p1aal.a PROPERTY OWNER: .m 00LIMIaM.MTaaaM.Q PMii M.r Tf RDivv-TaT a abatO.v, JOION•Darsr.D-IPMI- PROPERTY WPORMATRIP : snap. a m LRHT MAIRXc Cm.40111M AMMICIeht OW OF NallOWL1211. AMMO. PARCEL M1ESER 1PRatfaua LEOAL OECMPTITDi IaesEtTUV TOTALaee Mau MOOING FT • .r NASA 9010TRUCTRMI IRF'ORANAON MIA* TYPYBNAOK 1.41101, aaroatAMA seam OCORNIOV. TI1b@ TINE OF fdITRaOah RVacO. NAM aY. 1410:1 o.ORlcrl 14001aWxfs: .101Mr1afM 1%.1.Oo. csoomo.4NTS TNT ONO Mow os.aleu NOTE, ORAL NE TOBMTMo19.e01wMM.TM1nlan.,M.D.R OPORTI GENERAL CONTRACTOR NOTES �aE7R4 Zeal. AIM.. SMARMY ICIaar anClalliC/111001•1312FAIVINSIMMaaaa .OV a a naalEaM MR.E V Ma an M faiOf laMe 1m IKIPR CODE COMPLIANCE • A ILALITaIIAEOETm? • LORICKIgM..ULMOfOLE • ▪ ENlG*t.ENOi AFI • MR MaV OOHINP.ba4TOE • • maaa.mTa ware ea.e SHEET DESCRIPTION REV T.I MIN lala, marvevaoeAurrawiw fr. vrueraewarmlw MIRM D.MaEDOIfuR BM.aEDAMARAI Oa Rawson amoral, Ofi Ai MINIM . sDOBfA\TTRI MTh. ZONING DRAWINGS PERMITS REQUIRED • RAM®CEYELortt P.,4.,6a.f.lanaBM,v1 FREE IanPMFSSOgT . '••raATMWiO pliApodowtoT OAAEEY.aaaa ISSUE STATUS1 0411. aMD.•Ta11 MVO MONTT .404.140 OUT. ana-a.a ••IA1 I �- 1 AACXIIECTME w IIICOOO.R.. 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NANO FEET: WPM SOUTH If 4 EAST. 122.04 my TO THE SOUTMEi1OE.Y PROLAWTdON OF 11t $AD NONNNEsmY 151E V 5AD SCUMNES1ENLY 0ROUAN704 WOW paw 71' 14. EAST MAW SAID NORMWJ105Y L9rt 21S FELT IN1E OR LETS TO OW Purl oF SEPN1N0. LEOFP)NC TERFFRO/ THE 10 FEET REDRAW) 7111 STREET LINO WRIT., OF IRO ADJACENT TO THE 5011140.Y LIE TOTES. TOOETIER MN THAT NOPICIN OF THE NORRRSE)RY ME NN1 OF TTH SHEET vACA1]3 IT TNT COTTON MAMMON TO VACATE 1R 2007- 23 RECORDED APR 3. 2001 AS N6IRI10NT 110. 2027-0231417 O SFIOAL REWROS. 11N01 NEW PASS VT OPERATION CF JAW WRY 11[ CONVEYANCE S SAM LAND, PROPERTY LEGAL DESCRIPTION ITIE REIERT ID1ES THE FOLLO1W11 EASEMENTS EFFECT SAP PARCL AHD Mt Swam IERLON. SEE PRE11NNARv MLR REPORT 40. O t00720 PREPARED SY CNANINEN.M LAND TAIL =PANT M10 PALED 1 112E i4 2013 Eroe ORO DDCLN01To PIa-1ASE4011o) MECMM0 SAD yEDFTA :191 /2 - (Nrdwi(.) Me lbw N.w.d.) 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(MET LOCATOR 7S NOT CSL10SE0 Cr RECORD) TIES (7 - Mattes ordained A. that stab document EON•6 t of Ammo Ealacunl Rw>dho Pant Darem4N 10 2009 Neu.%Mai 2009-0ORIPID 01 01Rd61 Naeed. (AS SNOW HEREON -DOES N01 CROSS LEASE AREA) OD OF FASEY0FR �AEL PLATTADIL (4 =ENTS AS MOWED N SA0 TIRE IVOtT ME SHOW IRPLTN NO D0 NOT QOS 1E PROPOSED LEASE TITLE REPORT NOTES CONTINUED OWNERS NA4E: SCU EASQIO) CA ASSOC W SID1M-DAY AOYOWST ASYS:SOES PARCEL 91111ED(5) 58-103-7E-OD BA95 Cr BEARINGS: :MAD T.k Epoch 2010) ME ECAJEIOS 91INN HEREON ARE BASED 011100 1933 EALFONNA STATE PLANE COOIIDNAE SISTER - ZONE 1. A5 DEFORMED BY CPS IDSEOVATIONS tam tA9tE. STOOK® NECERERS ATE. 1,47E K00E70 OFFICE 1.10 SOFINxG BA515 !t DEYATILNS: NAa ISM ELEVATIONS ARE BASED a WS 9BSFRW1P14 TRW TIM 1.1ATDI4L 3OEETC SURVEY GO.R.S ROpE4CE STATER! 1) FL01. ELEVATION - ASOT PIO 2) DLL. (10*41 ON - 111017 WIN Em 2012A CORECRMS APPLIED. SITE DATA 7•••• Ninon MP Iovesoa W CaOlpn/LP7easeem Mao MONO 0/IR/2Dl3 e T76od Zonw O04I aik., 1W fhb Rb k ZpE: 5 FEHA FLOOD ZONE INFORMATION ^tYi�a 1. .'E.y14r VICINITY MAP LEGEND Theft mr on! porpored:.ld lmld1 In• eto•A1y TRUANT 1 50R • 10=1404*141T MISTIME SONS p TRTE DECIDUOUS TREE PAIR r.41ER VALVE BUONO ASP* ASrr1ALT SWFACE SC 10TT04 0r OVEN IL EDGE OF COMYJITI RE N@ 0L T1Ni ER ELVA O.ECITICAL VAULT 0' EWE OF Poor, R@ATNE CURD R OMER No FENCE Al 4100( LP NP or co1(R PS IU111 MANE R OP W OravDnLN4 RW RETNNNO W1ll. MOD YOWL STNDIW4 SALT SW 40Et0AL4 lC IDE Or CURT TRIP TREE TOP DECIDUOUS 11TIP2 TREE TOP PLY Tr lOP p MALL 10 �._ - WWION!NNE carrot LINE MG PROPERTY LEE MC. DE UNE ROE OF TOW NNE MEANT UNE -- 0 FENCE LOC LEGEND 7) TO* b ad • Ramsay .w.y. lli b 0 yecleI 2 loposn 7Nc ew. The mousy Les and ea00me0. d..w hereon .Raw• Wwa rw nelbn hd lumen. W. eyd IMahld TAR Iwpwrwybh Awe/ b mood Mwm0U. lWR We We /md ra...H. sown hansom Ne 4Nia meant ww Reeferrned by Merl %^'.AI•O 2) An t.nOss A• to Ws idwaMbn on 1Nb Neo. 500*) IM aM al Ynod�Nq. t Hord 0.511ini lala.em TlydoeAm'ole4 M aF a7 Th.pae.dpm�•ys.a Y..i=NNie1 si I=.edanenlb i a'111irt:wl....pilbjl eyewmd N Nh 0.. Subyw. WNW .m.abn, .tell LW polar/AN dN. d4d N 44t1 b wThd an Un J0b 6 Any d1c ee.po eyWel M b1.4414 to Ne mice of 11. Sueg*F 7M le rl t any war, 1) ain, .0ere4d nn APR 12. LEGEND TISSUE STATUS" Ts op, DmIIPN I TWINTO P NYNNO 111LLWRRN r FLOOD 1 SURVEYING SIOO= NAM* SOW Ta7w•• a SINE• w2 �e•EEF IN ORHATLON N VOMPoleaS T`nwaa ORWOR.won.•el�J U � W S g OD LZS J SHEET 7Ei4E3 GENERAL INFdWNTION LS1 241 of 437 { PROW IOALSRGARIE SCRIMS An0004-9110-0E-00 Nw f'C .pad a 1' 1 1 x __i x � \ 140.01. Mb and A.5 Mdri a 004015-TAT AOo6ROST ATI10154-120-E4-00 OVERALL SITE PLAN Hp IL.'..i. LEGEND TP.w .lmgerd yoa6 y 9. I .d 4 Or d.wlm. iEDUARD DOOR a ra II.ORAR, • 111UI0 WIAnpT ▪ TELEPHONE O. O MNLE UE -0110D4 S t TREE PAW • •Al[R VW& MOM ASPR ASPHALT SURTAX ¢ R0T%I8 OF CURB EC EDR OF CONEAC6 P0.10 ▪ • EU TOC4. 1/WIS0ORRER ELM UMW/ VAULT EP FOR p PAlT7OR 0. 1LM.PE GUNS L CUTTER HNC PENCE AT GROTTO t, LP Of DUPER PS PAPT STARING NM MOP OKRNIMC ATOP RODE TOP RR NETABRIC ANAL GROUND SOK S10R1BENN RAM Sa SNOWII: lO 112. OP CURB TRW RR TOP DEGTIwJ0 TRIPS ram TOP PA• T11 TOP d RA11 s r� 04NDMr LOPE SEPTET UNE MISC. PROPERTY LINE IBC. 1R LK BAR Of IVA ENE ---.EASERERT 1NIE % - IDOL LOC LEGEND 1) Tap L not o OPW.7 aw.y. TN. . a .poOoto.d oe�oY.Y mop. Re MA.rty Fw wM wrzmml. Rho. lemon s. M1wa �satl IomnEm a ml.i boom. Mod 5 7 q Irae4hi IM o topographic .al to rm. Liamotb oinp Ne toy bond mm oml. *on harem 4s 104 rmom% we pM.An./ H Pad Saoging. 3) NO damp. look to 1110 Rion.Bpa on U1. WB. MUvul Ito .1.11.11 PR AP Poll Sorw5.9 Mows Matti S!Live*,alany . BY• S) n... Ratings L I0, MORNS a. Ow MORNS a.a mold 0.1 y, 2 gairol w meal on soy other work exceptexceptby0 sa as w+.11 Sampan . ON* ..r Ibbi .R.. bay W�h%uany ,l to 9rroa of IM Sur ..or pear Po earranorcep.) HOPP woos 00mP41.d w APR 12. g01L LEGEND TISSUE STATUS 1 DAR cement* 0T M .4. PIENUOEY .STAY 1111LREN * W At\r FLOYD SURVEYING .TI00. G.6EEO. S11HET 21 pd40.0. CA re02 0049 f.61.yi0ngl. 41 Prt.1raETpRv�NFORlaNTIF bebasbli E 8TH & EUCLID 41EET TALE: SIZE SURVEY GENERAL SIFOP MI1110N ` LS2 242 of 437 MgA WWI AVM TM • MOM WEIN 0,10405 PIPE MOW= Ye PROMO OF-81 itil 111RON MOS M01/0.4HIGALYPIUS PM00310 11.051111101011 VICL011 ao.-01 11010-11100•FrUIL AMMON MOINITO Th PRON/SED Warr. IreZOO UL)W0/1 ail LowtrerF (••••• *woo COON WONG \ ,-(0-/ \ ..luzgErey, 100•IIMIC \ /aural t3 SITE PLAN 110112Triril malt HELTON ME PLAN NOTES: 41. mod maiw ••• 10111/111001007•240 mom= imonnmoum atom. mom mum Ili NOM OM WARM ROO. 70 WOO (110:01101. 001101 1)(01001 Mew •••••-•-) •tt owe= roszow mass toot wrneco.:z MEWL CAI 001.0111H1•13=1. OFFal I LIRAM.B LOre r•M • mew ictli =NHL VA ammo. FIX000121 P.0.0 Ka VIVMSIL ORM 1!) turrAtem. new car mer-a• It> MOM. .11,311 rumors 1•04 ammo. Nam wroth TO CREW MAIL Paa P016111160.01,24 rM MY ASO OrillT140111101 PIO $16•001014 • 1411••••°"="vertfuntWYkrr4" <t) DOME IELCO HOMO 24211.03 1004.1 H•OCHED 11001).•,5_70 •00/ • PREMED yr Rom lo cum awe r-ce • a,o. 321.133311. Joaa n'T'atfirNIrtftia.,`° °P" " ottOrro tnraerasilIlb 4.3 303 MOM MIME 1MOMM 51101 TOW PAC. 10 11010 an. PZ...."•7‘=""rrarr 17.0m: 17.3,...41.51f&PAL gar vomnarld.r1110 3 IMMO ••••• 21-0. • H-• 3020 1301. 035N6 mar ttorr inAL fl gMao WO WWI WAX on= BOILAND \ 0181.1 GOMMITE • anima WOW" IMP • Or= AMU PAYED MOM NO • mow •Col 0051•K ULF FO ROM 0.11.1) Carro P. SY MN MI lb HE 051041/ MOW DOM) .00 EMBIENT NOTES: Carr. OFIROLMI MM.! MR MAY MM. AIMMILMAID canna rAstrorr 10 LW FCAt MAWR / Mann c;) pow was moon 1.01111151. 00001116 SOW Miller 011tarIllart NEW= RFAVAler OF =MOM POROO. OAPS Pfaurfiref 11312WOW. moors mir SIAM ID wow or rem. nu war. SEC SOS Lil net A01141111.1140112300011 190,11111Z 1940•0•0 30_ Moro irolnory macaw ors Irmo • re mar ALL Fee MITERDICE 01101 A 110001MY &SKY WAS MIR PEPOVFAED A r ISSUE STATUS • 04.1111 OINLIMMati *04040 • NOM MOW RareM1r0He 41CRIPICIIIII II INC0,1101Ari 100, PROPRIETARY INFDRNATIOW blirrillbra•••••••••• •tf arra. MorirrlinrOMMIrtler Vorairr•••• WED' rat: SITE PLAN A-0 4 243 of 437 a aNI-0P-MAT (iTMICTI) u1¢ �, j 1C ` / 1 rrll ENLARGED SITE PLAN NN1cr.,NM Vift ENLARGED ME PLAN NOTES: O (IRCPON1 nCSITCA1 ROG. Alt111MT 0 w 1) PNPoaA ,MaONTNMo 6301094 CO ONI NONE ▪ 110100 IO2 Ur.. P.C. TO AAA= QiS11COL TMI 1 1010 L PR OoYJIi PRO (WORM LRIq 1) EYI61W COO. 1Z 3C. O C{LGCRM ® MUSS 631310.1, WIRER T NUON 1U• 0 (63131101. 0OVA • p0; ,. T N&TIT. Tr ® MACAO CO AT Co ANT PWCOC� TELCO EN�OO TELCO NA IRIN11101 NATAL ��O ® (N(NMI1�E'J, O,C C TO MIRO IMO NEC NWT 0 RO OMUTT ONIW NIO ® N/sO® YEN= MIME 1Y-O' WOE 1034-3.91.13in MCMINN AMMO AMC ACCESS MTN OM IMMEL SSINN IMMO) ® OWNS MOO TOR NMISSS/OMELS 8 1ASN0 NIMALT NANO C MM O CCIIC9a0 SCOTRUI I - ® 005N0 OOMOIETE MMTN g0S7CCONCH S HS NRM RUM%SAIL MIMIC COMORE NOIR OOS1C10 CTNOLIE WOW 00311110 ACORN 02 COMM COMM IAOS • 1.-0. 1MEIMNI MINN) CCNMO .PWLI MON • NINON ANA IMMO_p�M0 YAIJ NIIOMN OSCNI 110) OWN.),NVP AWMRR6 MON SON ORA.OW COMO MON. SHWA) ® PROPOSED 11111M0 • ammo 001C00E PAO sINNING SOSAN TMM0NOIG DIVING I11ER1 mWPYOIC TROCIOf 10 01 • C NN COSOINCCI SWIM IM O! 10 MIL g M COMO URN.) MI6 ® N61S0 ROCS N9lNO 0001 NORM 00 7M71000OONyS. 1M00m01C0 AY 1000 COMM WOKE N 1.1AO1 CN1TELCO ION TO Eg11I00 IT/OE AREA ® ,01 PROPOSED W0 . M0MH0 MINIM CARE 1PEM01 IIM1 SWAM LEA. MA W MIW.14-00 (NOON 011000)010.111 LOOM ABC'-01 aCCMIIT IR0t WMID Y S0It TO IAN WINO C.NCOI 11096 ® 0739•C ROM 101OM ON) 4> Od1NI (sowOWOOL ) % NON1OWNW, 10 RWNW, KNOW NOM 1. C1N.CNR SALL PING WATS NO DETTIME THE IAM. Cr ML 0l51O0 1.OLMONIt0 UNIT 0)0005 0As 00001. SLIVER ON CAAN IMRS MOO NWT OR PROFIT= 0*1 07 Cd61NkTON SAM TO Di MINIM Cr INT NON(. C. ALL NOAN TOLL N PNw.MMN N M AMINO 1I1N1 NAIL PON POSNNE IMAGE TO 0OS1MM I0I90m10IA0 N.0El O.IIMO CONNATE AND O00104 1N)OIES .. MOAN® N ROA NUE PIOIIfO COMRMIS MNA TO CROSS ONTNG M . M. TO 1101110 OANL OR 110IX LINE CANTTONB PAN10E A MNII. 0' O10[ 001001E 07pr.ENDI1 OOA, MOUND AL NOM IN POT COMMOMNI 3-0' DON WC OP MOAK WTI IY YN. 19EMIIII0. MOST OR NUN ,M 000010 C. ALL P019590 O1NT 0 NINE 110000 MO MNOCMIO 0111.191N4 CNSRWS OR PENCN0NI IACONO 0 NC PNLNNC.0 10 RE RNA YORAM AM TOWN/ COOININNY O01N0 ONISIN CTRIN ►ISSUE STATus1 O ME oRscorTiox NAVA 000.0.11013 • 0 NMI* .CMmMMO ,WIA IMCOImLm AMOIITEC1ORE S IOCOMP00AIEC' 110 mM. ' Ma= I RINVIN0MRY Od.'ORM1AlU11 m"vernw..sw Om N 49 SHEET 7T1LE: ENLARGED SITE PLAN A-1 244 of 437 wartab- s ENLARGED AREA PLAN cams MANS 4„ 050 ENLARCIEN AREA PLAN NOES: 4 15110509153 10112pe MIMEO MMIFIOR OP 1009055 crow FPO Mom WPM as srM A -a ma me.MwT PIN 0 sQ ' MIMEO er.a- MN 11aor� -Muwa+., e rM 05055,55 KM 4/ m0 edam apt Ya 50111, •aalUt a .a.o-elULwrte oepx (flpn c1oa®) novmtu lsVEa MOM Naoaa mwa Ma. MOM 05.1010.5 LEMC MLA la AM O^ mat * Oa. bial015 mei ®l ;vrtUMW o�Na 4. 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F1 5 a+'s11an .11114.011MMwA6MMI1W1111:.1. a10 0.1 Of Q 3� SHEET ARE EQUIPMENT PLAN 1 A-3 246 of 437 SOUMTH ELEVATION AeR• WEST ELEVATION ELEVATION NOTES: O PROM. UMW W E= K-0- 070 WOIe-EICelVwS. Q 01111 MI WINO-Clatrr15 O.C.V. ® p CVITUS'MOM tld 0 PROPOKS NMI 06X•PROT WIN 141111UR MOWN CM MAC PLUME MU Q PROM= IM91UR 14J00r MOM OM ro COMMIE PAW ® mnna (Roll T11311 RAM. INO er(1I6 Carr!% MOCK M Me Ilia OM. 4 G) elaala Mal 010 0) CMee weal (MCA) ® 0MCC moM70 MOCK MAW,W01 ® mew awl ua 191CI ON 1101:11 NM mum OW.= 1U100' COMB COMM UMW O WN mM6vm1 ma m MINI 0004 rarw lwesws ARM EOSIN* COMMIE 011/ DORM OMM PAM wn10C OMEC ® Eml+l 91011 MOM Ill row m0ae IwOM KW 670E ® K° =]B WIN MCC 10 BE 0400 "ISSUE STATUS' • • PUT SKr ISONIS oelwalM alsow.r ,.smWea Fl•YOBI10•an M MCKITOCTUM 9 MC0110000 SHEET TITLE: EXTERIOR ELEVATIONS A-4 247 of 437 PgPO6ID TOQPI VICESR MOSINAS MISME INamrtD TD PROPOSE, ES-0' Ilwl 0RRO0 Y910-UIXOPO S NORTH ELEVATION T� EAST ELEVATION •P,s ELEVATION NOTES: O SR RET Nam-! 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Mt.OP00 ) PEOESr COI COMER 1([tEc*0'x CTOY� ® 10/0/000 10 MO MA (110101a 002 MOMS 2) CO ® lnsno MILMS (TOMO M1P0 MOVER PA) OOS1010 RAM TIMSTR M OEOT9c MITT SCOMIN1 M)EW1E0 10 TOLL •OOSIMC 2SCONIFOT MR MOIR TO PNs MOON KEY 00E IMMO TO RR ® EMS10 MO SIM ®ORM 012000 Oa' RCN TOE TO a MOM MORI rISSUE STATUS 1 OATS 000121120 m COMM 103.30111110 AMIITOCTI IP 22 OKGINOIAPP 0°P1SOPMECANY INFONMAT00(41 1114.0•001.101001...00111611M OP �:at'61MWaMwM1tn"elY- SHEET TITLE: EXTERIOR ELEVATIONS A-5 248 of 437 1000100 ea-Cr ION 100-0121011111 Hamm cauve 1oc-0t01 more 1010002 Mr i0UMM TO WO 0O/ ILIPPOIT Mel . o+eMar0 ..00001 0001000 pF 1M IORN aM N1sMOS Mar! 100S Novara AWAY7T 4 rot d'1m0TRPR000D i'1e1 B 1000-010010* PRO= 100 NWIIMON �11p1M 01p'0010T101 UM ION mar 10 WOW N00000 oono-OR'N1PNf 0101 04/0000 001200 MOW MI VIM B2 N00100 1I0 MO DOWD 001000 M 110110000 1000 i10011 or 1 1!1 OWIDII U 100011Au R ammo s 0 M11oP r0ojlq 1 1007 0 micro ow Y010 0 10 ROOM ar-0. 110N 1010-0.0I11RO. • 01040100011 Man TMA ANTENNA PLAN INN w.1'r MIMI 1 s' a .00000 11-04 OOIR0/ Apq,NNA MO COAXIAL 3COMULE inPlAin MT Mrs111o0t WOOc 01001 C. 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P o PROPOSED nc222 , SAPP. 1222 R PKO OEM 2 O OEM .ono NO SET O FOR eE ME MAPPL-RM7 pnwom mow f, r_ PROPPED i i Ij I '', ', &, .P�KNEW 1: 7— REDO PEP RJR wpm EaoR OF ', i )) 1 1 w — •AcIMPCIVl,. 11 .07, .oum .....» ..... c... t' MOM 1 DOM. ) � PROPRIETARY INFORM/010A P.«— wwwwwppowanam ,.......,. ..OPOseA Par WO IIOPMfD BEH I1210. mum. PATCCHH DoefFilE 0 o, FW IIOIY' AL eAt.ORo mu R 1p M1}W I`I1NIR WPM oRo-aqumns me WE R COW GV31! ` W .P • Q 05 De a I I 10 OWL 11! lPACE 0-p• ROWED EUM N WORLD mn-Im. 'l[EL 9K 1 OEM MOW MPROTECIPPI 1M PURGEEW CD PAWED TO ESS1W� OALCL a 1UN,WCALT,RIS 'EMI °M� 1100.1® VER MS O41 0 � II CODAY N]2 FULLY OEM 112 IB0,N as wm co' ml ANIMA IPCIL MP OM Mw®W 42-000 : s I.IE i To MEN Nino-EUPPLYPTus TREE MAW .ig: • 1 a 33 ul i r�gp 7YPeYiL M19'MA POOR ix-1'b' 4 SG . „M .NIo-TAP sMPPVAT M.I'� PY TREE I.MME.WUIE POMO, (2) MM. LMO 1S umsimnY 2". 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I S. 17uclovem NO amt. nos OFAOE OPOPOSID WOW MOOS OF MOM MmED To MINCOOP a 1pl10-MAIYPIw N1110E SIMMS OPE POEM WOW IQ E YiIM-OWIEPT.TOP Or POPO= 'TOW A lvr,o 'TOW Am ..� PROPOSED P2MOOW sootTFwL t0 W1d, efuofous CILOND , pl — V Q i '^ V! 05 �� L W J AQ ME MOPE= re....ANIHIM sRaPm6 a m M°- Imne-Eunuv,,,s 4 W Z' J SHEET TrnE a raMosUnuwme MAUS A-7 _ -- -- I Q we AMSBAU ra«E I ,v,'-O• 110 Ntl NANOE COMA VLO1. 11 Mo101aPOvE MOWN NT 11/2 E I, u ► A 250 of 437 'Melee slmulatioi Are Intended for graphical purposes only and not intended to be pert of or to replace the Information provided on the construction drawings 12/7/2016 Propozed monoeucalyptus E8th&.SEudid 2735 E. 7th St. National City, CA v _ t3 C'�PhotosImuiation of proposed telecommunication site 91950 • ,PROPOSED Theses simulations am Intended for graphical purposes only end not Intended • to tre pert of or to replace the Information provided on the construction drawings 252 of 437 E 8th & S Euclid 2735 E. 7th St. National City, CA 91950 verizorf 12/7/2016 Photosimulatlion of proposed telecommunications site These simulations are Intended for gniphlod maenads °WY and not intended to be part of ar to mploge the Information arovicied an the construction drawings 253 of 437 • E lith G. S Euclid 2735 E, 7th.St. National City, CA 91950 e' Photosimufadien orr proposed telecomrnvnicatie ns site 12/7/2016 CC/CDC-HA Agenda 2/21/2017 — Page 254 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit — Inflatable World hosted by Inflatable World Corporation at Westfield Plaza Bonita Mall from March 4, 2017 thru August 27, 2017 with no waiver of fees. (Neighborhood Services Department) 254 of 437 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 21, 2017 AGENDA ITEM NO. ITEM TITLE: Temporary Use Permit — Inflatable World hosted by Inflatable World Corporation at Westfield Plaza Bonita Mali from March 4, 2017 thru August 27, 2017 with no waiver of fees. PREPARED BY: 1Dionisia Trejo 1 DEPARTMENT: Neighbo PHONE: ,(619) 336-42551 APPROVED BY: EXPLANATION: This is a request from inflatable World Corporation to hold inflatable World at 3030 Plaza Bonita Road from March 4, 2017 thru August 27, 2017. This outdoor inflatable amusement park will feature slides, obstacle courses and bouncers for child entertainment surrounded by temporary fencing for perimeter safety and carpet for flooring. ces Department This park is open to the public and paid admission grants unlimited play time for the entire day with in and out privileges. No activities outside the fenced perimeter are set up. Days of operations will be Wednesday thru Thursday 12pm-7:00pm, Friday thru Sunday 12pm-8:00pm and closed on Mondays and Tuesdays. Note: This applicant has been approved for this request in 2015 and 2016 with no waiver of fees. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. [ APPROVED: MIS 'City fee of $237.00 for processing the TUP through various City departments, plus $200.00 for the Fire Permits Total Fees: $437.00 ENVIRONMENTAL REVIEW: NIA ORDINANCE: INTRODUCTION: 1 FINAL ADOPTION: [J] STAFF RECOMMENDATION: lApprove the Application for a Temporary Use Permit subject to compliance with al3 conditions of approval with no waiver of fees or in accordance to City Council Policy 802. BOARD 1 COMMISSION RECOMMENDATION: 11 ATTACHMENTS: 4pplic:ation for a Temporary Use Permit with recommended approvals and conditions of approval. 255 of 437 Type of Event ❑ Fair/Festival Cty of National City. Neighborhood Services Department 1243 National Clty Boulevard ra National City, CA 91950 (619) 336-4364 • fax (619) 336-4217 www.nationaicityce.gov ❑ Parade/March ❑ Walk or Run ❑ Concert/Performance ❑ TU' ❑ Sporting Event Other (specify) 14 lc j j� PoLr` Event Name &. Location Event Title In cif la . rtd Event Location (list all sites being requested) 03.0 IaUL 1 titt Event TipTes Set -Up S Date t Event SW" Date 4/>!'? Event Ends Date ;Val/ 17 Breakdown Enda Date Si %i 11 lime Time Win Atilt Time -Trb0 AM 1; 00 ell Time 110) 91 Appli•oant-Information Day of Week ne5atA. Day of Week S a h {a Ell RECEIVED JAN I- 9 2.017 Day of Week Sen DI Neighborhood sew DoPartmeht City or Narionat cry Day of Week Applicant (Your name) ‘&.)J1+f1 S Sponsoring Organization ti CACkka,101C W rif‘d Event Coordinator (if different from applicant) A,, Mai Address 7 71 Z-., ° e- brae PcPA-. 1 o LSkoDvelp cA 9 2 Day Phoneq fdo,5' Bq I r hours Phone SAME cell S Fax Public Information Phone big 2-110- oqq E--mmail i ttvl —Ccsincet Ack-erre6 corm Applicant agrees to investigate, defend, indemnify and hold harmless the City, its officers, employees and agents from and against any and all loss, damage, iiablity, claims, demands, detriments, costs, charges, expense (including attorney's fees) and causes of action of any character which the City, its officers, employees and agents may incur, sustain or be subjected to on account of loss or damage to property or•the loss of use thereof and for bodily injury to or death of any persons (including but not firmed to the employees, subcontractors, agents and invitees of each party hereto) arising out of or in any way connected to the occupancy, enjoyment and use of any City premises under this agreement to the extent permitted try -taw. Applicant understands this TUPlspecial event may implicate fees for Crly services, which will have to be paid in the City's Finance Department 48 hours prior to the event set-up. The undersigned also understands and accepts the City's refund pricy for app*cation processing and facility use and that fees and charges are adjusted annusify and are subject to change. Signature of Applicant L 1 Date 1 I'I h2 256 of 437 Special Event Application (continued) iOncWthg s rnt d a` s - 'and r j s' Fees/Proceeds/ Reporting Is your organization a "Tax Exempt, nonprofit" organization? Yes ❑ Nc Are admission, entry, vendor or participant fees required? Yesiel No ❑ 1f YES, please explain the purpose and provide amount (s): 26 LOC\S;--;COVO COS L \Nfrn� ocu3-- Y) 4\s\d-e -[.a, 1ols_ O1 7one $ 2`i4Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ L D rr-/ Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Description of Event ❑ First time event vs Returning Event 'f include site map with application Note that this description may be published in our City Public Special Events Calendar: 00 & r +flCAa Woke 2O . Kir S1 QS , okSi- cve_ czo-es I bounce_ s1e, ci1i _ aieas Estimated Attendance Anticipated # of Participants: k I OCD 0 2 Anticipated # of Spectators: t 1:D--0 257 of 437 *4 Traffic Control, Security, First Aid and Access_i.bilit Requesting to close street(s) to vehicular traffic? Yes ❑ No M List any streets requiring closure as a result of the event (provide map): Date and time of street closure: Date and time of street reopening: - ❑ Other (explain) Requesting to post "no parking" notices? Yes ❑ No .64 ❑ Requested No Parking" on city streets and/or parking lots (list streets/parking Tots) (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: tVn -'S 13 bile re.ck cod . a i" Aan ce t S s cek:ireid be- e.e_n {a nnaS f e•mviav3-eeS pck C 1 I (}'S a nc 969 etr Have you hired Protessional Security to handle security arrangements for this event? Yes © N if YES, name and address of Security Organization Security Director (Nanet: Phone: Is this a night event? Yes ❑ Nd If YES, pease state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: 3 258 of 437 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? YesA No ❑ First aid/CPR certified? Yes ❑ No ❑ ❑ First aid station to be staffed by professional company. ► Company Accessibility Please describe your Accessibility Plan for access at your event by individuals with disabilities: Their-2 13 C \S-1\ 1 GLcces A -A.% trouVe\45-4' G € ti Y' c .) kMn ce. f v2 1 , p 1 °de &S Elements of your Event Setting up a stage? Yes ❑ NICI ❑ Requesting City's PA system ❑ Requesting City Stage; if yes, which size? ❑ Dimensions (13x28) 0 Dimensions (20x28) ❑ Applicant providing own stage ► (Dimensions) Setting up canopies or tents? # of canopies size 10 I)( 2° 1 # of tents size ❑ No canopies/tents being set up Setting up tables and chairs? it Furnished by Applicant or Contractor k # of tables ❑ No tables being set up # of chairs ❑ No chairs being set up ❑ (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 City/State Phone Number 259 of 437 Setting up other equipment? ❑ Sporting Equipment (explain) ❑ Other (explain) ❑ Not setting up any equipment listed above at event Having amplified sound and/or music? Yes 0 NO ❑ PA System for announcements 0 CD player or DJ music ❑ Live Music I. ❑ Small 4-5 piece live band I. 0 Large 6+ piece live band ❑ Other (explain) If using live music or a DJ. I. Contractor Name _ 0, Address Clty/Slake Phone Number Using lighting equipment at your event? Yes 0 No ❑ Bringing in own lighting equipment O Using professional lighting company ► Company Name Address City/State Using electrical power? Yes', No 0 Using on -site electricity 14 Bringing in generator(s) ❑ For sound and/or lighting ❑ For sound and/or lighting Phone Number ❑ For food and/or refrigeration ❑ For food and/or refrigeration Vendor Ln.forrnatio Having food and non -Alcoholic beverages at your event? Yes ❑ No 1 ❑ Vendors preparing food on -site I. it ► Business License # If yes, please describe how food will be served and/or prepared: fov if you intend to cook food in the event area please specify the method: ❑ GAS ❑ ELECTRIC ❑ CHARCOAL 0 OTHER (Specify): ❑ Vendors bringing pre --packaged food I. # ► Business License* ❑ Vendors bringing bottled, non-alcoholic beverages (i.e., bottled water, can soda, etc.) ► # ❑ Vendors selling food # O Vendors selling merchandise # I. Business License #(s) ► Business License #(s) 5 260 of 437 [] Food/beverages to be handled by organization; no outside vendors ❑ Vendors selling services # ► Business License #(s) ► Explain services ❑ Vendors passing out information only (no business license needed) # ► Explain type(s) of information ..zk... No selling or informational vendors at event Having children activities? Yes, No❑ IO E 1n eeiierif. ble mps dd.. o a eems. e 0 r c »ia! • > nsur ce + ce° $1:f- utio. 1� n h .s do *. th .�yJ�4}(�� • ,�3ry� ��(p� g}j yt yip least ll `T ;isa , o .or*, of o e 1-i se ,'eat*"„ 04-04440 Works. art at 6 .... Inflatable bouncer house # El Rock climbing wall Height Inflatable bouncer slide # El Arts & crafts (i.e., craft making, face painting, etc) 2 ❑ Other Having fireworks or aerial display? Yes ❑ No ❑ Vendor name and license # Dimensions Duration Number of shells Max. size sogratiiksovioef#0 Arranging for media coverage? Yes❑ a. .. .� .1CYr44iMii". � ❑ Yes, but media will not require special set-up ❑ Yes, media will require special set-up. Describe 6 261 of 437 r• Event Signage Are you planning to have signage at your event? Yes1 No ❑ ❑ Yes, we wi!l post signage Dimensions •[] Yes, having inflatable signage # ► (complete Inflatable Signage Request form) 14 Yes, we will have banners # 1 ❑ What will signs/banners say? 0o' aQ€ 12 rc IDN \) bow 2' How will signs/banners be anchored or mounted? F b3t T1 O TO C IiJ�ll i-) Waste Management OL'l Skii,e7vOni 4011,043 is ec#d ' Wits # apphc i cata *OW 0.443er.0 Are you planning to provide portable restrooms at the event? Yes No ❑ If yes, please identify the following: 10 Total number of portable toilets: S 10- Total number of ADA accessible portable toilets: ® Contracting with portable toilet vendor. ► 0 kennCf d Ef&V irOfl fleck \ \ 7 f0(`7'4 -71 q Company Phone II. Load -in Day & Time 1 / i' ► Load -out Day & Time r 3 4117 Portable toilets to be serviced. ;• Time 2Y, 0)4 00arn Set-up. Breakdown, Clean-up Setting up the day before the event? Yes, will set up the day before the event. ❑ No, set-up will occur on the event day Requesting vehicle access onto the turf? # of set-up day(s) ❑ Yes, requesting access onto turf for set-up and breakdown (complete attached Vehicle Access Request form) No, vehicles will Toad/unload from nearby street or parking lot. 7 262 of 437 tif_TIEq-Lit Fence ® City to install litterfence ❑ Applicant to install lifter fence '41/A Breaking down set-up the day after the event? es, breakdown will be the day after the event. ► # of breakdown day(s) 0 No, breakdown will occur on the event day. How are you handling clean-up? ❑ Using City crews Using volunteer clean-up crew during and after event. .K.j sing 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. 8 263 of 437 Special Events Pre -Event Storm Water Compliance Checklist . Special Event Information r Name of Special Event \'nCd9! 04. Event Address: 3 0 la r1 i 1 Expected # of Attendees: 71000 CAI) onh Event Host/Coordinator: V e)J 1 i s Phone Number: 6 (p s.` q/) II. Storm Water Best Management Practices (BMPs] Review Y YES NO NJA Will enough trash cans provided for the event? Provide number of trash bins: 10 Ks Will enough recycling bins provided for the event? number of recycle bins: ICProvide Will all portable toilets have secondary containment trays? (exceptions for AAA compliant portable toilets) Do all storm drains have screens to temporarily protect trash and debris from entering? Are spill cleanup kits readily available at designated spots? * A Pod -Event Storm Water Compliance Checklist will be completed by City Staff. 9 264 of 437 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 Organization: U o-IC Person in Charge of Activity: 12.60tl 5eCa Address: �nc U.I.i Sk 1 i2 �-1jQ �' � +'1 ' U Telephone(Cvl (.45.'0Ll ! f Date(s) of Use: 3 / t) 17 - $ J 3 t 117 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 Signature of Applicant: Official Title:glre- 5aex) Date: For MooUse Drury. Certificate of insurance Approved Date 10 265 of 437 Westfield Plaza Bonita 3030 Plaza Bonita Road Suite 2076 San Diego, CA 91950 T {619) 267-2850 F (619) 472.5662 January 18, 2017 City of National City Attention: Vlaney Rivera Neighborhood Services Division 1243 National City Boulevard National City, California 91950-4301 Re: Temporary Use Permit Inflatable World — Westfield Plaza Bonita Dear Ms. Rivera: I hereby authorize Kevin Fonseca, acting as representative of Inflatable World Corp., to operator a business known as Inflatable World in parking lot #7 at Westfield Plaza Bonita during the dates of March 1, 2017 -- August 27, 2017. Kevin Fonseca has permission to install temporary power to poles in parking lot #7 to provide power during the temporary use time if adequate power is not already in place. inflatable World will obtain all necessary permits from National City for occupancy at Westfield Plaza Bonita. Please feel free to call mu if You have any questions at 619.267.2850. Sincerely, Micl el Bosco Ge eral Manager Westfield Plaza Bonita cc: retailers file 266 of 437 SWEETWATTEERR ROAD EATER ROAD NO PARKING ZONE 20FT NO PAi1KIN G ZONF 2QFT NO PARKING ZONE 20FT • • • • • nlu PArtKING LUDIC 20r (' • 180 FEET • • • • PLANS PREPARED/DESIGNED BY: KEVIN FONSECA If'&LA T / BLE WORLD •519)005•R411 OFFICE: L'I9)2160199 2018 SITE PLAN, WESTFIELD PLAZA BONITA PARKING LC 'MAXX BOUNCE AMUSEMENT PARK ® NEW TURF FLOORING 1111 LANDSCAPNG 6 FT TEMP. FENCE NO SCREENING le INFLATABLE UNIT CONCESSION CART 'ALL PREPACKAGED FOC �' Q MAIN ENTRANCE/EXIT CANOPY 20120' Ill �I • ® EMERGENCY EXIT 38 INCH PANEL DOOR (LOCKED IN OPEN POSITION) N ID PARTY CANOPY (3) 18'x18' Y ■GENERATDR WhIeperwa11 T0kva 5e generator model dos •ToSSl Too6(kig Bower 1hpI73mp 0. o Z •L ' FIRE EXTINGUISHER r LLI: POWER LINE (CABLE COVERSTHRU HALLWA - I1J LI- 55' b 20' DISTANCE CO CO r comet PERIMETER FENCE FOR GENERATOR • � \ EXIT SIGNS Cl CONES PERIMETER 20' ■ Portale Reatrooms ; OCCUPANCY TYPE: (A-3) PARCEL 1 CODES TO BE USED: (2013 CBC,CMC,CEC,CPC.CFC) OCCUPANT LOAD FOR PLAY AREA 1S (500) 3030 PLAZA BONITA RD. NATIONAL CITY, CA 91950 267 of 437 I. • • LI I/ 0$1,1i1Th.q."h' 268 of 437 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: Inflatable World EVENT: Inflatable World DATE OF EVENT: March 4, 2017 through August 27, 2017 APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ 1 RISK MANAGER. YES [ x ] NO [ 1 SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ 1 SEE CONDITIONS [ 1 FINANCE YES I x ] NO [ 1 SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES No Comments POLICE DEPARTMENT The Police Department does not have any stipulations for this event. We will notify our on duty personnel of the event so they are aware and can monitor if an incident occurs. CITY ATTORNEY The City Attorney's office has no requirements for this application. COMMUNITY SERVICES No comments PUBLIC WORKS No comments 269 of 437 FINANCE Inflatable World will need to renew their business license. RISK MANAGER (619) 336-4370 I have reviewed the above captioned request for the issuance of a Temporary Use Permit. In order to satisfy the City's insurance requirements it will be necessary that the applicant provide the following: • 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". • 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 has an A.M. Best's Guide Rating of A: VII and that the insurance company is a California admitted company. • The Certificate Holder must reflect: City of National City clo Risk Manager 1243 National City Boulevard National City, CA. 91950-4397 FIRE INSPECTION REQUIRED $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 roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches 3) Fire Hydrants shall not be blocked or obstructed 270 of 437 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s) 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s) 5) Vehicles 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 8) Provide a minimum of 2A:10BC fire extinguishers throughout area. Extinguisher to be mounted in a visible location between 3'l2`to 5' from the floor to the top of the extinguisher (See Attached). 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 7) Every room or space, shall have the occupant Toad 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 load to be exceeded 8) Exits shalt 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 9) 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 10) 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 11) Smoking shall not be permitted in amusement area. Approved "No Smoking" signs shall be conspicuously posted 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 271 of 437 13) internal combustion power sources shall be isolated from contact with the pubiic by either physical guards, fencing or an enclosure 14) A drip pan shall be used to capture oils and fuel lost during normal operation 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 fromimpact 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:I OBC fire extinguisher at entrance to generator. 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 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 ciear 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 permittee, owner or agent to determine that the installation is maintained in accordance with Chapter 34 of the 2013 California Fire Code 272 of 437 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 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 273 of 437 CC/CDC-HA Agenda 2/21/2017 — Page 274 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit — "Ragnar Relay SoCa1 2017" running relay race sponsored by Ragnar Events LLC in partnership with the Orange County Child Abuse Prevention Center on April 8, 2017 from 8 a.m. to 6 p.m. with no waiver of fees. (Neighborhood Services De 274 of 437 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 21, 2017 AGENDA ITEM NO. ITEM TITLE: Temporary Use Permit — "Ragnar Relay SoCai 2017" running relay race sponsored by Ragnar Events LLC in partnership with the Orange County Child Abuse Prevention Center on April 8, 2017 from 8 a.m. to 6 p.m. with no waiver of fees. PREPARED BY: 1Dionisia Trejo DEPARTMENT: Neighborhood S rvices Department PHONE: :(6 19) 336-4255 APPROVED BY: EXPLANATION: This is a request from Ragnar Events LLC to conduct the Ragnar Relay SoCal 2017 ru ni g relay on April 8, 2017. This is an overnight 200-mile running relay starting from Huntington Beach, California going through several cities to end in Coronado, California at Silver Strand State Beach Park. Runners are anticipated to enter National City between the hours of 8 a.m. to 6 p.m. heading southbound from San Diego thru National City into Chula Vista. Runners will typically run on sidewalks, crosswalks, bike lanes, and shoulders and will obey all traffic laws and rules of the road. During the relay, each team member will run three legs total, exchanging the baton at designated exchange points of the 36 legs of the course. Within National City, there will be one exchange point with the race course entering the city at Harbor Drive & Civic Center Drive going south onto Tidelands Avenue, then westbound onto W. 32nd Street and going south onto Bayshore Bikeway exiting the City. No public access closures are being requested and applicant will post appropriate signage for runners to follow with first -aid stations at each exchange. Note: This applicant has been approved for this request in 2015 and 2016 with no waiver of fees.1 FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: City fee for processing the TUP through various City departments, $237.00. Total fees: $237.00 NVIRONMENTAL REVIEW: 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 or in accordance to City Council Policy 802. BOARD i COMMISSION RECOMMENDATION: Finance MIS ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. 275 of 437 ,i • ::MPORN Type of Evert 0 Fair/Festival ❑ TUP City of National City • Neighborhood Services Department 1243 National City Boulevard • National City, CA 91950 (619) 336-4364 ■ fax (619) 336-4217 www.nationalcityca.gov Special Event Application ❑ Parade/March DE Walk or Run 0 Concert/Performance ❑ Sporting Event ❑ Other (specify) Event Name & Location - Event Title Ragnar Relay So Cal 2017 Event Location (list all sites being requested) City Sidewalks (see route) Event Times Set -Up Starts 5:00 AM Saturday Date 41812017 Time Day of Week Event Starts 8:00 AM Saturday Date 41812017 Time Day of Week Event Ends 6:00 PM Saturday Date 4/812017 Time Day of Week Breakdown Ends Date 4/812017 Time 7:00 PMDay of Week Saturday Applicant information RECEIVED JAN 11 2017 iieigirixwtor4 Scram Dep®nrnen City at National Cry Applicant (Your name) Ameena Khan Sponsoring OrganizationRagnar Events Event Coordinator (if different from applicant) Mailing Address 12 South400 West 2nd Floor, Salt Lake City, UT 84101 Day Phone (801) 706-8 After Hours Phone CeII Fax Pubic Information Phone (801)499-5023 E-mail ameena@ragnarrelay.com Applicant agrees to investigate, aefend, indemnify and hold harmless the City, its officers, employees and agents from and against any and all loss, damage, liability, claims, demands, detriments, costs, charges, expense (Including attorneys fees) and causes of action of any character which the City, its officers, employees and agents may incur, sustain or be subjected to on account of Toss or damage to property or the Toss of use thereof and for bodily injury to or death of any persons (including but not limited to the employees, subcontractors, agents and invitees of each party hereto) arising out of or in any way connected to the occupancy, enjoyment and use of any City premises under this agreement to the extent permitted by law. Applicant understands this TUP/special event may implicate fees for City services, which will have to be paid in the City's Finance Daparbnent 48 hours prior to the event set-up. The undersigned also understands and accepts the City's refund policy for application processing and facility use and that fees and charges are adjusted annually and are subject to change. Signature of Applicant: 424 61%41/k Date 1 /10117 1 276 of 437 Special Event Application (continued) Please complete The following sections with as much detail as passible since fees and requirements are based on the information you provide us. FeeslProceeds/Reporting Is your organization a "Tax Exempt, nonprofit" organization? Yes 0 No 1 Are admission, entry, vendor or participant fees required? Yes ® No �] If YES, please explain the purpose and provide amount (s): Participants pay $115 per runner before race day. $ 900,000 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 600,000 Estimated Expenses for this event. 20,000 $ What Is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Description of Event 0 First time event 0 Returning Event ❑ include site map with application Note that this description may be published in our City Public Special Events Calendar. The Ragnar Relay So Cal 2017 is a 200-mile overnight running relay from Huntington Beach to Coronado benefiting the Child Abuse Prevention Center. Estimated Attendance Anticipated # of Participants: 650 runners Anticipated # of Spectators: 3200 2 277 of 437 Traffic Cont rot- S-ai*ity: -Firs`t-Aid- and -; c-v 5:s1-M-Iity Requesting to close street(s) to vehicular traffic? Yes ❑ No IN List anystreets None requiring closure as a result of the avant (provide map): Date and time of street closure: Date and time of street reopening: Q Other (explain) Requesting to post "no parking" notices? Yes ❑ No Ei Q Requested °No Parking" on city streets and/or parking lots (list streets/parking Tots) (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: None. Have you hired Professional Security to handle security arrangements for this event? Yes v No RYES, name and address of Security Organization Security Director (Name): Phone: using the services of a professional security firm AND the event will occur on City property, please pruvide a copy of ids insurance ate, evidencing liability with lirrtits of at leastSI l dh doliara per occuranciel$2 Minion donate aggregate. as well asand additional insured endorsement naming the City of National City, its officers. ermloyfts, end agents as addtttonai insureds. Evidence of insurance must be provsted by the vendor or its instzer to the City's Risk Managefor review and approval prior for the event. Is this a night event? Yes Q Pio ® If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators 3 278 of 437 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 IN No ❑ First aid/CPR certified? Yes ® No ❑ ii First aid station to be staffed by professional company. Company Event Medical Please describe your Accessibility Plan for access at your event by individuals with disabilities: 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) ❑ Dimensions .(20x28) ❑ Applicant providing own stage (Dimensions) Setting up canopies or tents? # of canopies size # of tents size ® No canopies/tents being set up Setting up tables and chairs? ❑ Fumished by Applicant or Contractor # of tables El No tables being set up # of chairs 0 No chairs being set up ❑ (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 setup Contractor Name Contractor Contact Information Address City/State Phone Number 4 279 of 437 Setting up other equipment? 0 Sporting Equipment (explain) ❑ Other (explain) f Not setting up any equipment listed above at event Having amplified sound and/or music? Yes 0 No ill ❑ PA System forannouncements ❑ CD player or DJ music ❑ Live Music ► ❑ Small 4-5 piece live band ► 0 Large 6+ piece five band ❑ Other (explain) if using live music or a DJ. a. Contractor Name ► Address City/Stele Phone Number Using lighting equipment at your event? Yes ❑ Non ❑ Bringing in own lighting equipment ❑ Using professional lighting company ► Company Name Address Cttytstaia Phone Number Using electrical power? Yes ❑ No a ❑ Using on -site electricity ❑ For sound and/or lighting 0 For food and/or refrigeration ❑ Bringing in generator(s) ❑ For sound and/or lightly 0 For food and/or refrigeration c-nclor I'If011 ..D;;0i5 PLEASE NOTE You may be required to apply for a temporary health permit If food or beverages are sold of glean away during your special event Also see .Permits and Compliance on page 8 in the Speoai Event hide. For sddlSonai ikon on obtaining a temporary health penult, please contact the County of San Diego Environmental Health at (GM 3384363. Having food and non-sicohoiic beverages at your event? Yes 0 No® ❑ Vendors preparing food on -site ► # ► Business License # If yes, please describe how food will be served and/or prepared: If you intend to cook food in the event area please specify the method: ❑ GAS ❑ ELECTRIC ['CHARCOAL ❑OTHER (Specify O Vendors bringing pre -packaged food ► # O► Business License # ❑ Vendors bringing bottled, non-alcoholic beverages (i.e., bottled water, can soda, etc.) ► # ❑ Vendors selling food # ► Business License #(s) ❑ Vendors selling merchandise # ► Business License #(s) 5 280 of 437 ❑ Food/beverages to be handled by organization; no outside vendors ❑ Vendors selling services # ► Business License #(s) ► Explain services ❑ Vendors passing out information only (no business license needed) # 10- Explain type(s) of information ❑ No selling or informational vendors at event Having children activities? Yes Natt 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 $1 Million dollars per occurrencef$2 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/Public Works Department at (619) 3364580. ❑ Inflatable bouncer house # ❑ Rock climbing wall Height ❑ Inflatable bouncer slide # 0 Arts & crafts (i.e., craft making, face painting, etc.) ❑ Other Having fireworks or aerial display? Yes ❑ fo ❑ 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/ $4 Million dollars aggregate. in addition, the City of National City must be narned 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. Depending on the size andfor nature of the fireworks display, tiie City reserves the sight to request higher liability limits. The vendor must also obtain a fireworks permit from the National City 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 6 281 of 437 Evert Sigrrage PLEASE NOTE: For City sponsored or c o,spcnsored events, banners publicizing the event May be placed on the meting pales on the 1800 block and 31 UO bled( of National City Boulevard. The banners nit be made to the City's s�res. Please refer to the s Special Event Guidebook and Fee Schedule for additional lnfom,atkxt. Are you planning to have signage at your event? Yeas ❑ No 1 ❑ Yes, we will post signage # Dimensions j] Yes, having inflatable signage # ► (complete Inflatable Signage Request form) Q Yes, we will have banners # ❑ What wrli signs/banners say? ❑ How will signs/banners be anchored or mounted? ITEMEEMEMEI PLEASE NOTE: One toilet for every 250 people is required, unless the appRoant can show that there are sufriclent facilities in the Immediate area available to the public dieing the event. Are you planning to provide portable restrooms at the event? Yes © No IN If yes, please identify the following: ► Total number of portable toilets: ► Total number of ADA accessible portable toilets: ❑ Contracting with portable toilet vendor. ► Company Phone ► Load -in Day & Time t► Load -out Day & Time 0 Portable toilets to be serviced. ► Time Set-up. Breakdown, Clean-up' Betting up the day before the event? ❑ Yes, will setup the day before the event. ► # of set-up day(s) ® No, set-up wit oar on the event day Requesting vehicle access onto the turf? ❑ Yes, requesting access onto turf for set-up and breakdown (complete attached Vehicle Access Request form) IN No, vehicles witi load/unload from nearby street or parking lot. 7 282 of 437 P) S -Lett r Fti p T� [] City to install litter fence ❑ Applicant to install litter fence • NIA Breaking down set-up the day after the 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 ▪ Using volunteer clean-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. 8 283 of 437 MA FOAII1* bustoNALCnit I. Special Event Information Special Events Pre -Event Storm Water Compliance Checklist Nam of special Event: Ragnar Relay So Cat 2017 Event Address: City sidewalks on Harbor Drive Event Host/Coordinator: Ragnar Events/Ameena Khan Expected # of Attendees: 650 Phone (Number: 501708.8502 II. Storm Water Best Management Practices (BMPs) Review YES NO NIA WNI enough trash cans provided for the event? Provide number of trash bins:X WIN enough recydrng bins provided for the event? Provide number of recycle bins: Will all portable toilets have secondary containment trays? (exceptions for ADA compliant portable toilets) X Do all storm drains have screens to temporarily protect trash old dew from entering? Are spill cfeanup fits readily available at designated spots? * A Post Event Storm Water Compliance Checklist will be completed by City Star 9 284 of 437 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 Ragnar Events Organization: Person in Charge of Activity: Ameena Khan 12 South 400 West, 2nd Floor, Salt Lake City, UT 84101 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 contractors. Signature of Applicant: Official Title: e -j 0 r R ct ce, i e c !ram Date: VI For Office Use Only Certificate of Insurance Approved Date 10 285 of 437 RE: Special Event Additional Information - Ragnar Relay So Cal 2017 Dear City of National City, Attached please find the completed application for a temporary special events permit as issued by the City of National City. Additionally, this document contains all appropriate maps and venue layouts, general information on the race format, and important dates and times. This information is to supplement the aforementioned special events application for the Ragnar Relay So Cal 2017 race benefiting the Orange County Child Abuse Prevention Center. Included information: A. Event Description S. Proposed Beginning and End limes C. Proposed Route Through the City D. Safety, Emergencies, and First Aid E. Traffic Impact and Traffic Control F. Insurance G. Signage We believe in providing a quality event that is safe and fun for participants and all involved. look forward to working with you on this year's event. Please contact me regarding any questions you may have. Best Regards, Ameena Ameena Khan I Senior Race Director Raennr Relay Series I Racer Euents.. t4 C 12 South 400 West j 2nd Floor j Salt Lake City, UT 84101 P 801.499.5024 j F 801.499.5023 I C 801.706.8502 ameenati raenarrelay.corn j wwww.raanarrelay.com 286 of 437 A. Event Description The Ragnar Relay So Cal is an overnight 200-mile running relay from Huntington Beach, CA to Coronado Island, CA on April 7-8, 2017. The race is run by teams consisting of 12 runners. Each team member will run three legs total. Relay legs typically range between 3-8 miles and vary in difficulty. Each team is responsible for providing two support vehicles with six runners in each vehicle. The first vehicle will drop off the first runner at the start and then proceed to the first exchange point. At the first exchange the vehicle will drop off the second runner and pick up the first runner when that runner's leg is complete. Teams will repeat this pattern for six legs until they hand off to their second vehicle. This leapfrogging pattern will continue all the way to the finish line in San Diego. The event is sponsored and managed by Ragnar Events LLC. Ragnar Events presented its first event, the Ragnar Relay Wasatch Back, in Utah in 2004. To date, Ragnar Events has presented over 50 events in 20 states (the courses for some events running through more than one state). The Ragnar Relay Series, now consisting of 18 events, is the largest series of overnight relays in the world. For more information please visit our website at rwnw.raRnarreiay.com. These overnight relays benefit both participants and the communities where they are presented. Participants have been unfailingly enthusiastic about their experiences. There are always a wide variety of human interest stories associated with these events. These range from the experienced runner finding special meaning through participation in a running event as a member of a team; to the first-time runner who participates at the urging of a friend and discovers previously unknown abilities and a love for running; to families, businesses, old friends and other groups who enhance their relationships as they individually and collectively test their limits; to teams who simply run for a cause, whether in honor of a deceased friend or relative, or to raise money for local charities or another charity of special importance to the team. Ragnar is excited to partner with the Orange County Child Abuse Prevention Center. Through the official charity partnership, the Orange County Child Abuse Prevention center will be the recipient of a monetary donation as well as fundraising efforts on behalf of our teams. OCCAPC will also be providing volunteers on the course that will help raise money for their cause. In addition to the Center, Ragnar will also be partnering with other organizations and schools along the course to better the communities that we run through. r B. Proposed beginning and ending times and dates of the 5o Cal Event: April 8, 2017 Runners are anticipated within the City of National City between the Flours of 8:00 AM and 6:00 PM on Saturday April 8, 2017. There will be 650 teams total with 1 runner per team on the road at any given time. We will be setting up the course continually as early as six hours ahead of our first runner, and cleaning up following the last runner as late as two hours after they pass through each jurisdiction. C. Runner Route Details Turn by turn: Enter the City of National City running against traffic on Harbor Drive, turn right onto Civic Center Drive running against traffic on sidewalk, Civic Center Drive becomes Tidelands Avenue, turn left onto W 32nd Street to run with traffic on sidewalk, continue straight onto Bayshore Bikeway, stay on Bayshore Bikeway, Exit the City of National City FIAGNAA AEtA 41.6 111a••II AIM .as RAGN I�ACN�tiR ritLar .0 288 of 437 D. Safety, Emergencies and First Aid Runner safety is our foremost concern. All teams are provided a Race Bible that includes a detailed course description and event rules. All runners sign waivers where they acknowledge that the course includes areas where there may be traffic congestion and that they must obey race rules, which require observance of all applicable traffic rules and regulations. Each team must have at least six reflective vests and two flashlights. These must be presented at the time that the team checks in. Runners starting their legs after 6:30pm and before 6:00am must be wearing a reflective vest, tail/butt light and holding a flashlight or headlamp. Additionally, any team -member spectator must wear a reflective vest during these hours when outside their vehicle on public roads. Runners are required to obey all traffic laws and we instruct them to use the sidewalk when available. Runners are also told to call Ragnar for any concerns of problems out on the course. There is a phone number that connects participants to the Race Command of the race. They will call if they have a lost runner, a moved sign, or general question about the course. In case of emergency all runners and staff will call 911. Then contact our Race Command number (661-RAGNAR1) to let race staff know of the emergency. We have 10-12 Ragnar Staff and trained Volunteers on the course at all times monitoring the course. Each person is trained on Ragnar Safety and emergency procedures. They are also trained on the access points of any trail systems that may be used. First Aid A first -aid station and first -aid staff will be located at each major exchange location. These first - aid stations will be equipped to handle extreme dehydration, heat stroke, and all of the minor sport injuries we often experience, including; blisters, sprains, strains, stings, etc. We require our first aid staff to be licensed to administer intravenous fluids (typically EMT intermediate and above, or RN, PA, M.D., etc). We hire first aid workers (EMT intermediate or above), either through a medical staffing agency or directly through local hospitals or emergency service personnel. In the event of a major medical emergency (i.e. any life threatening condition or injury that requires immediate medical attention) we instruct runners/volunteers to first call 911. The line of communication then follows: 911 4 Race Director - Senior Race Director -3 Course Manager for that section. In addition to our own first aid services on the course, we list the local emergency rooms near the course, along with their address and phone number in the race packets. ■ E. Traffic Impact/ traffic control We anticipate 675 teams to register for this year's event. That means no more than 675 runners will be on the course at any given time. Teams will be provided with staggered start times, from 5AM to 1PiVi on Friday, Apri1151. Because start times are spread over an 8-hour period and only 675 runners are on the course at any given time, there will never be a large group of runners at any one location. Typically the complete group of 675 individual runners Mil be spread out over 30-40 miles. F. Insurance We are sanctioned under USA Track and Field. A Certificate of Insurance naming your city has been included with the application, G. Signage plan Along the course there will be course signs that communicate to the runners which direction to go, on what side of the road to run, which exchange they are at, etc. Directional signs are only placed at change of direction intersections. An example of such a sign can be seen in the picture below: The signs are 42" High, 18" Wide, .25" Thick and are made of corrugated plastic. Each sign will be secured to a delineator post traffic cone. PAGNAR gfi11V .r,. ,.:_ s-. fiA00411lift • 290 of 437 DATE: 111012017 CERTIFICATE OF INSURANCE CERTIFICATE NUMBER: 20161028479512 AGENCY: ESIX 3 LLC dlb/a Entertainment & Sports Insurance eXperls (ESIX) d/bla Entertainment and Sports Insurance Agency (Ca ifa i a) 2727 Paces Ferry Road, Building Two, Suite 1800 Manta, GA 30339 678-324-3300 (Phone). 678-324-3303(Fax) THIS CERTIRCATE IS ISSUED AS A MATTER OF 9IFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. NAMED INSURED: INSURERS AFFORDING COVERAGE: USA Track & Reid, Inc. Ragnar Events, LLC 132 East Washington Street, Stale 800 Indianapolis IN 46204 INSURER A: Philadelphia Indemnity Ins. Co. INSURER 3: Philadelphia InrdemnIty Inns. Co. EVENT INFORMATION: Ragnar Relay So Cal (4/112017 - 41212017) POUCYWGOVERAGE INFORMATION: THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWffHSTAND1NG ANY REQUIREMENT, TERM OR CONDfl1ON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS 4...-ttf1IFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE I LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLANS, POUGY NUMBHi(S): I EFFECTIVE: EXPIRES: UNITS: A GENERAL LIABILITY X Occurrence , PHPIC1589618 111112016 121 AM 11t112017 12:01 AM GENERAL AGGI GATE (Apples Par Event) $3,000,000 X Participant Loyd Liabity EACH OCCURRENCE $1,000,000 DAMAGE TO RENTER PREMISES (Each Occ.) $1,000,000 MEDICAL EXPENSE (Any one person) EXCLUDED PERSONAL & AM INJURY $1,000,000 PRODUCTS-COMP/OP AGG $3,000,000 B UMBRELLAIEXCESS LIABILITY X PHUB581340 11t112016 12:01AM 11/112017 12:01 AM EACH OCCUiiRENCE $10,000,000 AGGREGATE (Apples Per Event) $10,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEME14TISPECIAi PROVISIONS: Coverage apples to USA Track & Field sanctioned events and registered practices, induding any tiredly related activities, such as evert set-up and tear -down, participant check -In and award ceremonies. The cert icata holder Is an additional insured as required by written contract or written agreement, but only for iabilty arising out of the negligence of the Named Insureds per the following endorsement Additional Insured -Ceriilicate Holders (Form PI-AM-002) The General Liability policy is prwnary end non-contributory with respect to the negligence of the Named Insureds (Form CG 00 01). The General Liability policy contains a blanket Waiver of Subrogation as required by contract per Waiver of Transfer of Riggs of Recovery Against Others (Form CG 24 04). Excess policy follows form of tmdedyirg General tiabTity. CERTIFICATE HOLDER: The City of National City, ks officals, agents and employees Ride Management Department 1243 National City Blvd National City CA 91950 NOTICE OF CANCELLATION: Should any ei the above descried poEctes be cancelled before f e e pireaon dale thereof, nuke wlI be delivered in accordance w;ah the policy provisions. AUTHORIZED REPRESENTATIVE: 291 of 437 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: Ragnar Events EVENT: Ragnar Relay So Cal 2017 DATE OF EVENT: April S, 2017 APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES No comments POLICE DEPARTMENT The Police Department does not have any stipulations for this event. We will notify our on duty personnel prior to the event so they are aware and can monitor the route, and in the event an incident occurs in our City along the route or to a participant they have contact information for event organizers. CITY ATTORNEY Requires an indemnity and hold harmless agreement in favor of the City, and a certificate of liability insurance with limits of coverage approved by the Risk Manager. COMMUNITY SERVICES No comments 292 of 437 RISK MANAGER (619) 336-4370 I have reviewed the above captioned request for the issuance of a Temporary Use Permit. In order to satisfy the City's insurance requirements it wilt be necessary that the applicant and the Event Medical Provider will need to provide the following: • A valid copy of the Certificate of Liability Insurance from Event Medical Provider. • The applicant and Event Medical Provider 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" • The insurance policy has a combined single limit of no Tess 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 has an A.M. Best's Guide Rating of A: VI I and that the insurance company is a California admitted company. • The Certificate Holder must reflect: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA. 91950-4397 FIRE No fees for this event Stipulations required by the Fire Department for this event are as follows: 1) Maintain Fire Department access at all times. Emergency services access shall be given to all emergency apparatus upon approach 2) Access for Fire Department shall be maintained at all times. At no time shall fire lanes, fire hydrants, fire protection systems of all types etc. be obstructed at any time. A minimum of 20 feet wide shall be maintained for the use of fire lanes 3) First Aid will be provided by organization 4) Fees can only be waived by City Council 293 of 437 PUBLIC WORKS No comments FINANCE Ragnar Events will need to apply for a Business License. 294 of 437 CC/CDC-HA Agenda 2/21/2017 — Page 295 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit — National City International Mariachi Festival sponsored by the National City Chamber of Commerce at Pepper Park on March 12, 2017. Applicant is requesting a waiver of Fire Department and Police Department fees. (Neighborhood Servic 295 of 437 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 21, 2017 AGENDA ITEM NO. ITEM TITLE: Temporary Use Perrnit National City International Mariachi Festival sponsored by the National City 7 Chamber of Commerce at Pepper Park on March 12, 2017. Applicant is requesting a waiver of Fire Department and Police Department fees. PREPARED BY: Dionisia Trejo DEPARTMENT: Nei PHONE: {619) 33b-4255 I APPROVED BY: EXPLANATION; This is a request from the National City Chamber of Commerce to conduct the National City International Mariachi Festival on March 12, 2017 from 11 a.m. to 7 p.m. This event is being held at Pepper Park which requires a Port of San Diego Iarge event permit. In accordance with the Unified Port of San Diego permit process, any event which could require Police or Fire services at Pepper Park must also process with the City of National City's designated departments to determine if permits are warranted and if fees apply. This process is to ensure that National City Police and Fire services are aware of Iarge events planned at Pepper Park and that proper review for public safety is conducted. Currently, San Diego Port staff and National City staff are working together to improve the application notification and review process for such events. The applicant is requesting a waiver of National City Fire Department inspection and Police Department fees. Applicant is also requesting to use City lots A & B located on Bay Marina Drive for additional parking. Note: Waiver of $600.00 Fire Department fees were approved by City Council in 2016. However, in January of 2017, City Council Policy 802 was amended and approved that any non -sponsored TUP applicants requesting fee waivers may only be considered to have fees waived up to the maximum level of $500 per event da FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS Services Department The City has incurred $237 for processing the TUP, plus $1,500 for the National City Fire Department inspection fees, $118 for Building, and $1,508.20 for Police Department. Total fees: $3,363.20 pNVIRONMENTAL REVIEW: 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 or in accordance to City Council Policy 802. BOARD / COMMISSION RECOMMENDATION: :NIA ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. 296 of 437 c*y of Nedonal City • Neighborhood Services Department 1243 National City Boulevard a National City, CA 91950 (19) 3384334 • rex (019) 320-4217 www.nationalcityca.gov Special Event Application Faestival El Paradendlemh DVikdk or Run a ConcertiPerformance jJ TIP 0 SPOE111112 E 0 Other (WOW =111) ...I ' National City intameleral Warrteohi Festival 2017 Event Me Pepper Park 3299 Tidadande Ave P4ssionat City CA 91050 Event Location OM a sloe being requested) • Set- DateltaVs 11,2017 Lent= la 2017 • AM7 Salunfey Time Day of Week 11AM &May Tune Day of Week enatAlgt 14 2017 Time IPM Day of Week Sunday Date Mara' BreektIZE1/182017 Date Time 1159PM Sunday Day of Week MINIMPIESSE RECEIVED JAN al 2.017 Nestoofhood Services 0419011ment Oty a/Naomi City *pliant Mier name) Reve Produolione David. A Natkmal City Chamber of Sponsoring Orgerikation David' Atcaraz Reim Productions Event Coon:Oudot Of different from applicant) 2049 Clisaraster Piano Chula Viiltd, CA 9%13 Meiling Address 0194102230 0194102230 31941022Si Day Phone Afar Ho= Phone eau, Fax 7724867 dateltiersysprO.Cara Public Information Phone E-inall ApplIcard agrees to bweatigaie, defend, htdexmlfy and hold harmless the City, b dams, expletives and agents from and agsdnet any and ell lss, damage, Willy, cams, demands, detrimenta, coats, charges. sponse (includbv sttorneys fees) and owns of notion of eny character which the CI% Ite officers, employees and agenbt may Incur, gust* or be subjected to on soma* of toes or damage to properly or the loss of we thereof end for bony injury to or (bath of any poem (includbig but not Barad to the employees, subcontractors, agents and invttees al each party hersto) wake out of or In mty way connected to the occupancy. enjoyment and use of any My painless under this agreenviiito the aided perrnated by law. ippfroart underetandelhis Thrispecid emit may Cay's Rime Department 46 bolas prior event Cale retinal pokey forapplleation ara et.tjxt to eftrat. itabge alAppitent fees for City -services, which vall have to be paid En the p. The undersigned also undentands and rweepbt the and that fees and charges are adjusted annually and 1 Date 2,DVI 297 of 437 Special Event Application (continued) Please complete the following sermons with as muchdetail as possible since fees and requirements are based on the information you provide us, F,e,es/Proceeds/Re+ortin Is your organization a "Tax Exempt, nonprofit" organization? Yes Ig No Are admission, entry, vendor or participant fees required? Yes IE No ID IfYES, please explain the purpose and provide amount (s): Vendors $250.00 nonprofits $150.00; maximum sponsorship of $45,000 $ 95,000 event. $ 80,000 Estimated Gross Receipts including ticket, product and sponsorship sales from this Estimated Expenses for this event. 15,000 $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Description of Event © First time event ® Returning Event 0 include site map with application Note that this description may be published in our City Public Special Events Calendar The Matiachi Festival will provide different vendor booths, nonprofit, food vendors, art display and five music. There will be approximately about 10-15 Mariachi groups performing. There wil also be water adventure rides. A rock climbing wail, and bounce house for children. Ibt ASX, i1; ick.c ponticvi ►"kicuti vIcitionA '! ati of c k 250 15,000 Anticipated # of Participants: Anticipated # of Spectators: 2 298 of 437 Traffiec or►trol, Security?'First Aid and Accessibility, Requesting to close streets) to vehicular traffic? Yes Na L List any streets requiring closure as a result of the event (provide map): Date and time of street closure: Date and time of stet reopening: © Other (explain) Requesting to post"no parking" notices? Yes MI No 0 a Requested "No Parking" on city streets and/or parking lots (list streets/parking lots) (provide map): Yes on San Diego Port Property ❑ Other (explain) .Secu,rity..anr Crowd,Co,EitroJ Depending on the number of participants, your event may require Police services. Please describe your procedures for both Crowd Control and Internal Security: see attachment Have you hired Professional Seoul* to handle security arrangements for this event? Premier Properties Security Yes IE No CI If YES, name and address of Security Organization Victor Gonzalez (619) 384-8536 Security Director (Name): Phone: If using the services of a professtofai sew firer AND the twat will oat an *y properqr, please promote a copy of its insurance Certificate, ate, eVidendng liability with knits of at least $1 Anion. dollars per of ram Million dollars aggregate, as wit as and additional leisured .endorsement naming the 04 of flatianal City, ils officers, employees, andagents as additional insur .: EvIdence of inturance Must e ceded by the vendor or its insurer to the City's talc Managerfor MIAOW end approval prior to the event Is this a night event? yes a No MI If YES, please state how the event and surrounding area will be illuminated to ensure satiety of the participants and spectators: 3 299 of 437 MENI Depending on the number of participants, your event may require specific First Aid services. First aid station to be staffed by event staff? Yes §1 No ❑ First aid/CPR certified? Yes El No ❑ 111 First aid station to be staffed by professional company. Company AMR Accvssif )iiiy Please describe your Accessibility Plan for access at your event by individuals with disabilities: The festival will provide access to both shuttles and ramped area for individuals with disabilitites. We wdi also have specific areas for people with disabilities. Elements of your Event . Setting up a stage? Yes 1111 No ❑ © Requesting City's PA system ] Requesting City Stage; if yes, which size? ❑ Dimensions (13x28) ❑ Dimensions (20)(28) attachments Applicant providing own stage ► (Dimensions) Setting up canopies or tents? 140 10X10 # of canopies size # of tents size ❑ No canopies/tents being set up Setting up tables and chairs? ▪ Furnished by Applicant of Contractor 1 100 2000 20X330 # of tables ❑ No tables being set up # of chairs ❑ No chairs being setup E] (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 Pattys Linens Contractor Name 2601 Hoover Ave #B National City 619 336 0467 Contractor Contact Information Address City/State Phone Number 4 300 of 437 Setting up other equipment? • Sporting Equipment (explain) ❑ Other (explain) El Not setting up any equipment listed above at event Having amplified sound andlor music? Yes IN No ❑ 11 PA System for announcements 0 CD player or DJ music * Live Music i . D Small 4-5 piece live band I► IS Large 6+ piece iive band *I Other Matiachi Music (explain) if using live music or a DJ. P' Contractor Name Address - City/State Phone Number Using lighting equipment at your event? Yes 0 No ® [] Slinging in own lighting equipment Using professional lighting company ► Company Name Address City/State Phone Number Using electrical power? Yes No 0 0 Using on -site eleciricity ❑ For sound and1or lighting 0 For food andbr refrigeration ® Bringing in generator(s) For sound andtor lighting * For food andior refrigeration Vendoforn3atio is NOTE:PLEASE You may be required to apply for a wry health porn_ iif food or beverages are sold of given away during your special event Also see ''Permits and Compliance' on page 8 fn#he Special Event Guide. For additional hiformation on obtainini a temporary health permit, please contact the County of San Diego Environmental Health at (819) 338-2383, Having food and non-alcoholic beverages at your event? Yes IR No❑ 10 Vendors preparing food on -site ► # ► Business License # if yes, please describe how food will be served andior prepared: Grilling Meats and saved in plates If you intend to cook food in the event area please specify the method: ®GAS ® ELECTRIC *CHARCOAL ['� OTHER (Specify): Vendors bringing pre -packaged food t► # 5 ► Business License # O Vendors bringing bottled, non-alcoholic beverages (i.e., bottled water, can soda, etc.) ► # 10 TBD a Vendors selling food # 10- Business License #(s) [E Vendors selling merchandise # 1t! i Business License #(s) 5 TBD 301 of 437 10 Vendors selling services # 17 ► Business License #(s) Y 1) ► Explain services To4 Cf e /46 / 4 e - Vendors passing out information only (no business license needed) # 60 ► Explain type(s) of information on - mireM1111—ae/ ❑ No selling or informational vendors at event Having children activities? Yes`' 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 $1 Million dollars per occurrerice/$2 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 Engrneenrig/Public Works Department at (619) 336-4580. Inf4*1* Inflatable bouncer house # Rock cIimwall Hei ht El Inflatable bouncer slide # 4621 Arts & crafts (i.e„ craft making, face painting, etc.) Other Parae 12.0oi \Nb11%% ObB1 tqb Jl f-HT y 1 2 ? Lro)D/1jnb/I Scry > Having fireworks or aerial display? Yes ❑ No /v COYYVOCYF ❑ Vendor name and license # Dimensions Number of shells Duration 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! $4 Million dollars aggregate In addition; the Clty Of National City must be named as en ,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. Depending on the size and/or nature of the fireworks display; theCity reserves the nght to ;request higher liability limits. The vendor must also obtain a fireworks permit from the National City Fire 'Department and the cost is $502 00 Arranging for media coverage? Yes No ❑ ...Yes, but media will not require special set-up 0 Yes, media will require special set-up. Describe 6 302 of 437 PLEASE NOTE: For Orly sponsored or co-sponsoredco-sponsored events, banners placed on the� event p poles on the '1800 block' and 3100.block of National City Boulevard. The tamers rust be; trade to the Cis specifications. Please refer to the City's Ski Event t uldebaok and .Fee Schedule for additional him. Are you planning to have signage at your event? Yes No El 30-60 © Yes, we will post signage # Dimensions D Yes, having inflatable signage * ► (complete Inflatable Signage Request form) isYes, we will have banners # 5 information about the festival What will signs/banners say? CI How will signslbanners be anchored or mounted? ZIP-lies Waste Management PLEASE NOTE: One toilet for every 250 people is required, unless the applicant can show that there am sufficient families in the immediate area available to the public during the event Are you planning to provide portable restrooms at the event? Yes MI No ❑ If yes, please Identify the following: ► Total number of portable toilets: 6 Q Total number of ADA accessible portable toilets: 2 Diamond Enviromental Services [� Contracting wth portable toilet vendor. P. - March 11, 201710AM Company Phone ► Load -in Day & Time Load-outI. Day& 'Time March 12, 2017 8PN every 1 and half NI Portable toilets to be serviced. ► Time Sct-up, Breakdown, Clean-up Setting up the day before the event? Mardi 11, 2017 M Yes, will set up the day before the event > # of set-up day(s) ® No, set-up wiH occur on the event day Requesting vehicle access onto the turf? Q Yes, requesthig access onto turf for set-up and breakdown (complete attached Vehicle Access Request form) 111 No, vehicles will load/unload from nearby street or parking lot. 7 303 of 437 ❑ City to install litter fence ❑ Applicant to install litter fence ® N/A Breaking down set-up the day after the event? ❑ Yes, breakdown will be the day after the event. 0- # of breakdown day(s) ® No, breakdown will occur on the event day. How are you handling clean-up? ❑ Using City crews Q Using volunteer clean-up crew during and after event. IN Using professional cleaning company during and after event. Miscellaneous Please list anything important about your event not already asked on this application: *Pedi Cab's will be used during the festival hours* Please make a copy of this application for your records. We do not provide copies. 8 304 of 437 NAM 1. Special Event Information Special Events Pre -Event Storm Water Compliance Checklist Name of Special Event: National City International Nlariar hi Pestiv Event Address: Pepper Park National City Expected # of Attendees: 15k Event Host/Coordinator: David Alt arax Phone Number (619) 410-2230 11. Storm Water Best Management Practices (BMPs) Review Y YES NO N/A Will enough trash cans provided for the event? Provide number of trash bins: 30 yes Will enough recycling bins provided for the event? Provide number of recycle bins: 30s Will all portable toilets have secondary containment trays? ( exceptions for ADA compliant portable toilets) yes yes Do all storm drains have screens to temporarily protect trash and debris hull entering? Are spill cleanup Ms readily available at designated spots? yes ' A Post -Event Storm Water Compliance Checklist will be completed by City Staff. 9 305 of 437 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 $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreernent. Certificate of insurance must be attached to this permit. The insurance company issuing the insurance policy must have a A.M. Best's Guide Rating of A:VII and that the insurance company is a California admitted company; if not, then the insurance policy to the issuance of the permit for the event. The Certificate Holder must reflect: City of National City Risk Management Department 1243 National City Boulevard National City, CA 91950 Rave Productions/ National City Chamber Commerce Organization: David Alcaraz / Jacqueline L_ Reynos° Person in Charge of Activity: 901 National City Blvd., National City 91950 J 2049 Clearwater Place CV Address: Telephone: Date(s) of Use: HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the sts of litigation, arising out of or related to the use of public prope or the activkeryfander the permit by the permittee or its agents, employeescontra Signature of Applicant 1- 24 r26 I 7 Official Title: �- Date: For Office Use play Certificate of Insurance Approved Date 10 306 of 437 Tree l J 'Vehicle Parking & Handicap Access 41$ lens Shoreline Access / Bench Picnic Tabl.. Trash Receptacle Drinking Fountain Build.!Struc4ture l" E'. Bicycle Parking �f °t'1 Launching Ramp �linterpretive Sign L`_'J Public Art / C7 Rip Rap Play Equipment / ; C1 Sidewalk I_ Lawn 1-1'3 Land Storm Drain an Fishing Pier %v 0 37.5' 78 Laud Vue and Planning NATIONAL CITY BAYFRONT Gnlo theRANCi •-35ft --+ tiNN'Itctai t 050110, Pepper 307 of 437 L la try l'ic e �ii,� i iitirt.lnl'I ti��yt.t-tti� r 35 ii_rt Open, Sri 40 feet Opel, St, 1,,Tw F3r-'t.n:r Attr in ons "3a,btiles" 3L:g.3sfr Gr Rrlorn, National City mc.-sue INTERNATIONAL I'I I TIVAL January 1 1, 2016 Honorable Mayor and Council City of National City 1243 National City Blvd. Notional City, CA 91950 National City Chamber of Commerce 901 National City Blvd. National City, CA, 91950 Business: (619) 477-9339 Fax: (619) 477-5018 Email: Reynosnationalcitychamber.org Webslte: w.ww.n ationalc1tychambor.orc To Whom it May Concern: The National City Chamber of Commerce is honored to host the 5.h Annual International Mariachi Festival at Pepper Park on March 12, 2017. As part of our permit application to the Port of San Diego for use of Pepper Park and port faciliries, the port requires that we obtain fire permits and a TUP special event permit from the City of National City. We respectfully request a waiver of all fees for this event by the City of National City. We are also requesting use of the the Aquatic Center on March 916 and March 121h. The National City Chamber is working hard to deliver o first rate event for the public to enjoy. Together, we are placing National City and the Cali -Baja region on the on the map as a regional destination for arts, culture, history, and family entertainment. Your continued and additional support helps us sustain a healthy and vibrant community for our residents to enjoy. As a result, the City experiences growth In tourism publicity, and reinvestment by community members and local businesses. ABOUT THE EVENT Through our partnership with the Mariachi Scholarship Foundation, Mariachi Juvenil de San Diego, and the University of San Diego (USD), we are offering mariachi students a comprehensive two-day workshop that includes instruction by the renowned University of Texas Pan American (UTPA) Mariachi Aztlan. The workshop will be held on Friday, March 10'h and Saturday, March 1 1 of 2017 at the USD campus to San Diego, CA. The two-day workshop culminates to the National City International Mariachi Festival on Sunday, March 12, 2017 at the beautiful Pepper Park in National City. The festival features free admission, merchant booths, mariachi and ballet folklorico performances, live entertainment, interactive children's area, food vendors, beer and tequila tasting, arts & crafts, and music demonstrations. The Mariachi Festival in National City celebrates art, culture, music, community building, and education on both sides of the U.S.-Mexico border. The Mariachi Festival is a bi-national event drawing in 20,000 spectators and consumers from Mexico and the United States. Thank you for your consideration and support of our arts and culture programming. We appreciate your consideration of our request for waiver of permit fees and other associated costs. This event benefits National City by increasing tourism, promoting the community, and support's the city's public art and youth development initiatives. Sincerel • Jacqueline L..Reynoso President/CEO National City Chamber of Commerce 308 of 437 Premier Properties Security security Plan Pepper Park13299 Tidelands Ave National City, CA Commanding Officer Victor Gonzales Number/Utilization of Security Personnel For live niusic events, one in-house security person will be 20 guards shall be on duty. All security personnel shall be attired in a manner to readily identify them as such. From the time a live music event ends and for 30 minutes thereafter, one-half of all security personnel shall be stationed outside the premises to assist and encourage patrons to leave safely. For large national acts, at least one uniformed law enforcement officer with full police power shall be employed trail 30 minutes following the end of the performance. The officer shall be assigned outside as patrons depart. For live events, pre -sale and day -of -sale ticket sales shall not exceed capacity. Security staff shall regularly patrol both the women's and men's bathroom facilities, Food areas, Stage, Dance Floor, VIP Areas. Hand- held counters shall be used by staff at the entrance at all times when open. Security will also perform searches on patrons at the entrance of the venue, to ensure the safety of everyone. Unruly Patrons The unruly patron ordinance. When a patron acts in a manner that is violent, abusive, indecent, profeme, boisterous, or otherwise disorderly, licensee will immediately contact the police and request that the police invoke the provisions of the ordinance. 309 of 437 Patrons who are Intoxicated Licensee, its agents, and employees, may not sell, dispense, or give away alcohol to any person who is under the influence of alcoholic beverages at that term is defined in nor shall such a person be permitted on the premises. When a customer has been "cut off," the server will notify the other employees. Management will support the server's decision to terminate service to any customer. If a customer is too impaired to drive safely, licensee will try to persuade the customer not to drive, and arrange for a safe ride. If the customer refuses, management will notify the San Diego Police Department with a description of the person and the license plate number of the vehicle, if possible. Patrons Presenting False IDs All identification cards used to prove age must be valid (i.e., may not be expired), and must be govemment-issued. If the identification card is expired or appears at all questionable to the employee, the employee shall request a second form of identification. The employee shall make sure that the individual purchasing the liquor resembles the identification card. All employees are encouraged to ask purchasers questions relating to their identification in order to verify the information. If the employee checking an ID has a strong suspicion that an ID is false, altered, or belongs to someone other than the person presenting the ID, he/she shall confiscate the ID and turn it over to management, to be presented to the police. Control/Supervision of Patrons (restaurant applicants) Licensee will request proof of age from any customer who appears to be 30 years of age or younger, and will refuse service to any customer who cannot produce adequate ID. When selling pitchers, ID will be requested for each person receiving a glass. Separate types of glassware will be used to distinguish alcohol drinks from non -alcohol drinks. 310 of 437 Circumstances under which the Police will be called The police will be called, in a timely manner, any time management or staff has information to believe a crime has been or is about to be committed and/or whenever a threat of or act of violence occurs on the premises or off premises in areas that would be considered in view or earshot of the establishment. Handling of Physical Disturbances, includini Fights Security or management will ask anyone who is fighting to leave. If necessary, security or man genu<nt will call the local law enforcement agency for assistance. Licensee will permanently refuse admittance to any chronic problem customer. 311 of 437 From: Premier Properties purity Services prem+ersecurIty@cox.nat 9 Subject: RE: Port of San Diego Permit DATE! Date: January 11, 2017 at 8:06 PM To: David Alcaraz da+rid@revepro,com +Actor Gonzalez Premier Properties Security Services Ceti 619-384-8538 Fax 888.507-4342 premiersecurity@cox.net --Original Message ---- From: David Alcaraz [mailto:davtd @revapro.com] Sent: Wednesdays January 11, 20171:48 PM To: Victor Gonzalez <pramiersecurity@ cox.neb Subject: Re: Port of San Diego Permit DATE! I need the traffic Plan attach was the ER plan/ and Security Plan David On Jan 11, 2017, at 1:32 PM, Premier Properties Security Services <premiersecurity@cox.neb wrote: <Security Plan Mariachi Festival.pdb 312 of 437 EVENT SET-UP INFQRMATIOIN Tents/ Canopies/ Shelters (1) OM 10X 10 Pop-up tents (2) SHADE CANOPY: 60' x 40' x 16' TRUSS SHADE CANOPY. INCLUDES WATER BALLAST, SETUP AND TRANSPORTATION. Fencing/Barricades (1) Bike rack will be used to create a general entrance. At the entrance of the festival. (2) Fencing (4', 6' & 8' Height) will be used to fence in the whole area of the festival so we can secure all entrances and exits. Stages/ Platforms/ Flooring (1) RENTALSTASGTEAGE: (1) 32 X 24' X 4' COMPONENT BUILTS STAGE WITH (2) STAIRS, TRUSS SELF -CLIMB SHADE ROOF WITH SOUND BAYS (2) CHAIN FALLS INCLUDES (2) Port Stage Live or Recorded Entertainment/Amplified Sound (1) SOUND SYSTEM:(8) HI OUTPUT LINE ARRAY, (8) DUAL 18" SUBWOOFERS, ERS, & ALL PROCESSING, AMPIAFIER RACKS. (2) LIVE MARIACHI MUSIC ON BOTH STAGES (MAIN STAGE) & (PORT STAGE) 313 of 437 MEDICAL SERVICES PLAN American Medical Response will be providing Medical services for 2017 National City Mariachi Festival. There will be (1) ambulance with (2) EMT from the start of the festival 11 AM to the end of the festival 7PM. American Medical Response ambulance will be visible to all attendees as they walk into the festival. Which can be seen on festival layout. EMT will be issued a radio upon arrival to festival to have communication to festival Management, (Reve Productions) Security (Premier Properties Security Services) and Organization (National City Chamber of Commerce. If any incident occurred at the festival the Medical team will be radio/notified ASAP via Management/Security/Volunteer/or Organizations. Once the medical team assesses the incident Emergency response service will be notified. Fire Department/ National city Police department/ and Paramedics 314 of 437 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION!: National City Chamber of Commerce EVENT: National City International Mariachi Festival 2017 DATE OF EVENT: March 12, 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 [ FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x POLICE YES [ x ] NO j ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES Planning: No comments Building: We will need a floor plan with dimensions for the beer garden(s), include number of exits, size of exits, location of exits and occupancy. The fee will be $11 S.0O for the plan review. Engineering: The applicant is required to post their no parking signs a minimum of seventy-two (72) hours prior to the start of the event. PUBLIC WORKS No comments FINANCE Reve Production will need to complete a business license application. Also, Pedi-Cab company and all vendors will need a Business License. 315 of 437 CITY ATTORNEY This application requires an indemnity and hold harmless agreement in favor of the City, and a certificate of liability insurance naming the City and its officials, agents, and employees as additional insureds, with liability limits approved by the Risk Manager RISK MANAGER (619) 336-4370 I have reviewed the above captioned request tor the issuance of a Temporary Use Permit. In order to satisfy the City's insurance requirements it will be necessary for the Applicant, the Security and Crowd Control Provider (Premier Properties Security) and the Event Medical Provider (American Medical Response) to provide the following: rt A valid copy of the Certificate of Liability Insurance from me applicant, Premier Properties Security and American Medical Response. • The applicant, Premier Properties Security and American Medical Response must each 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" • The insurance policy has 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 has an A.M. Best's Guide Rating of A: Vll and that the insurance company is a California admitted company. • • The Certificate Holder must reflect: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA. 91950-4397 COMMUNITY SERVICES No comments 316 of 437 FIRE If4SPECT!ON REQUIRED Total fee amount for all Fire Department permits is After Hours Inspection $200, Tents $400, Canopies $400, Carnival $500. Total $1,500.00 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 street to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc. 2) Fire Department access into and through canopy areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. 3) Fire Hydrants shall not be blocked or obstructed. 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 6) Provide a 2A:10BC fire extinguisher at stage if stage is being used. Extinguisher to be mounted in a visible location between 3/%` 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. 7) 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. Please see attached example. 8) !f Charcoal is being used, provide metal cans with lids and label "HOT COALS ONLY" for used charcoal disposal. 9) Internal combustion power sources that may be used for "Generator" shall be of adequate capacity to permit uninterrupted operation during normal operating hours. 10) Internal combustion power sources shall be isolated from contact with the public by either physical guards, fencing or an enclosure. 317 of 437 11) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. 12) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all cooking areas etc. 13) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of two hundred ($200.00) dollars. 14) First Aid shall be provided by organization. 15) Provide map of Beer Garden site area and exit plan (Building Official will need to evaluate). 16) 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 ,canopiesltents shall be four hundred ($400.00) dollars. Fees can only be waived by City Council. Canoe ies: 0=400sf- $0 401 — 500 sf - $250.00 501 — 600 sf - $300.00 601 — 700 sf - $400.00 Tents: 0 —200 sf - $200.00 201 — (+) sf - $400.00 17) Exit openings from tents shall remain open unless covered by a flame —resistant curtain. The curtain shall comply with the following: • Curtains shall be free sliding on a metal support. The support shall be a minimum of 80 inches above the floor level at the exit. Then curtains shall be so arranged that, when open, no part of the curtain obstructs the exit. • Curtains shall be of a color, or colors, that contrast with the color of the tent. 318 of 437 18) in public tent areas, smooth surfaced, unobstructed aisles having a minimum width of not less than 44 inches shall be provided from seating areas, and aisles shall be progressively increased in width to provide, at all points, not less than 1 foot of isles width for each 50 persons served by such aisles at the point. 19) All chairs used for seating inside tent shall be secured to one another using approved chair binding methods. 20) 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 21) Exit signs shall be GREEN in color and shall be of an approved self -illumination type or shall be internally or externally illuminated by luminaries supplied in the following manner: Two separate circuits, one of which shall be separated from all other circuits, for occupant loads of 300 or less. 22) Means of egress shall be illuminated with light (Bug Eyes) having an intensity of not less than 1 foot-candle at the floor level while the structure is occupied. Fixtures required for means of egress illumination shall be supplied from a separate circuit or source of power. 23) Exits, aisles and passageways shall not be blocked or have their minimum clear width obstructed in any manner by ticket offices, turnstiles, concessions, chairs, equipment, animal chutes, poles, or guy ropes, or anything whatsoever, not shall they be blocked by persons, for whom no seats are available. 24) Internal combustion power sources that may be used for emergency power shall be of adequate capacity to permit uninterrupted operation during normal operating hours. Refueling shall be conducted prior to start of the event. 25) Internal combustion power sources shall be isolated from contact with the public by either physical guards, fencing or an enclosure. Internal combustion power shall be at least 20 feet away from the tent. 26) Internal combustion power sources that may be used shall be of adequate capacity to permit uninterrupted operation during normal operating hours. 27) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. Consult building official for requirements. 28) Vehicles shall be isolated from contact with the tents or canopies, Vehicles shall be at least 20 feet away from tents or canopies. 319 of 437 29) Every room or space that is an assembly occupancy shall have the occupant Toad of the tent or 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 posted by the Building Official based on room configuration. At no time shall the owner or agent allow the posted occupant load to be exceeded. 30) Smoking shall not be permitted in tents, canopies or membrane structures. Approved "No Smoking" signs shall be conspicuously posted. POLICE DEPARTMENT We request that the promoter designate a "beer garden" as the only area where alcoholic beverages can be purchased and consumed. The second option is to make it a '21 and over only" event. Otherwise, minors might very well have access to alcoholic beverages. Underage drinking is a serious public health problem in the United States. Anything we can do to reduce underage drinking is worth trying. This is a large gathering for a National City event. The event organizers list their plan for Security and Crowd Control within the four paged attached "Security Plan." They plan to hire a professional security company for this event. They list that (20) security guards will be on duty that day. 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 Police Officers. Those officers will complement the security detail and provide police services on the day of the event. The total cost for park security for 2 Police Officers, 10 hours per officer, will be $1. 508.20. The breakdown is for (9.5 hours in the _park and '/% hour total for donning and doffing). That would be for a total of 20 hours of overtime, at a pay rate of $75.41 per hour. NCPD will also provide extra patrol with on -duty personnel as available. 320 of 437 CC/CDC-HA Agenda 2/21/2017 — Page 321 The following page(s) contain the backup material for Agenda Item: Discussion of establishing City Council policies governing the following matters: (a) the order in which agenda items are placed on the City Council agenda; (b) the manner in which councilmember initiated items are agendized. (City Manager) 321 of 437 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: Fcbruary 21, 2017 AGENDA ITEM NO. ITEM TITLE: Discussion of establishing City Council policies governing the following matters: (a) the order in which agenda items are placed on the City Council agenda; (b) the manner in which councilmember initiated items are agendized. PREPARED BY: Stacey Stevenson DEPARTMENT: City Managers Office PHONE: 336-4308 APPROVED BY: (7Dehf EXPLANATION: The matter before the City Council is a discussion of Council policy. Part A: at the June 21, 2016 regular meeting of the City Council, Councilmember Mona Rios requested that staff return with information on the order in which items are placed on the City Council agendas of the seventeen other cities in San Diego county. An attached document provides the titles and order of various sections of the Council agendas for said cities. Part B: During Council Comment at the January 21, 2017 meeting of the City Council, Vice Mayor Mendivil requested that a survey be conducted as to the process by which councilmembers initiate agenda items in other cities; and that the matter come before the City Council as a policy discussion. In response, staff issued a survey through the League of California Cities. In total, 14 cities responded. The responses are summarized in an attachment. Of the 14 respondents, 10 provided governing policy documents. Said policies are also attached for consideration. With this item, staff brings these matters back before the City Council for further discussion and/or direction. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: There is no fiscal impact associated with this item. ENVIRONMENTAL REVIEW: This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: STAFF RECOMMENDATION: FINAL ADOPTION: Finance MIS Provide direction to staff related to (a) a policy on the order in which agenda items are placed on the City Council agenda; (b) a policy on the manner in which councilmember initiated items are agendized. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: • Summary of Council agenda formats, San Diego county • Summary of Survey: Councilmember Initiated Agenda Items • Written policies from the Cities of Chula Vista, Coronado, Del Mar, Elk Grove, Encinitas, Escondido, Imperial Beach, Oceanside, Santee and Windsor related to Councilmember initiated agenda items 322 of 437 County —wide Survey: The Order of City Council Agendas City Agenda Order Chula Vista • Special Orders of the Day • Consent Calendar • Items Removed from the Consent Calendar • Public Comments • Action Items • City Manager's Reports • Councilmembers' Comments • Closed Session Carlsbad • Approval of Minutes • Presentation • Public Report of Any Action Taken in Closed Session • Consent Calendar • Ordinances for Introduction • Ordinances for Adoption • Public Comment • Public Hearings • Departmental and City Manager Reports • Council Reports and Comments • City Manager Comments • City Attorney Comments • Announcements (to advice the community regarding events that members of the City Council have been invited to and may participate in) Coronado • Approval of the Minutes • Ceremonial Presentations • Consent Calendar • Communications — Oral • City Manager/Executive Director • Public Hearings • Commission and Committee Reports • City Council • City Attorney • Communications - Written Del Mar • Oral Communications • Governing Body Actions and Comments • City Manager's Report • Community Announcements and Presentations • Consent Calendar • Public Hearings • City Council Other Business • Council Priorities — Reports • Upcoming Agenda Items 323 of 437 Survey: The Order of City Council Agendas (con't) City Agenda Order El Cajon • Presentations • Agenda Changes • Consent Items • Public Comment • Written Communications • Public Hearings • Administrative Reports • Commission Reports • Activities Reports of Mayor/Comments • Activities Reports of Councilmembers • Joint Councilmember Reports • General Information Items for Discussion • Ordinances: First Reading • Ordinances: Second Reading and Adoption • Closed Sessions Encinitas • Oral Communications • Report from Closed Session • Changes to the Agenda • Consent Calendar • Items Removed from the Consent Calendar • Action Items • Informational Items • Councilmember Initiated Agenda Item • Special Presentations and Proclamations • Future Agenda Items Added By Councilmembers • City Councilmember Reports Pursuant to AB 1234 (GC 53232.3(d))/Possible Direction to Staff • City Manager Reports/Pending Future Agenda Items • City Attorney Reports Escondido • Oral Communications • Consent Calendar • Consent — Resolutions and Ordinances • Public Hearings • Current Business • Future Agenda • Councilmembers' Subcommittee Reports • City Manager's Update/Briefing • Oral Communications Page 2of5 324 of 437 Survey: The Order of City Council Agendas (con't) City Agenda Order Imperial Beach • Agenda Changes • Mayor/Council Reimbursement Disclosure/Community Announcement/Reports on Assignments and Committees • Communications from City Staff • Public Comment • Presentations • Consent Calendar • Ordinances — Introduction/First Reading • Public Hearings/Ordinances — Second Reading and Adoption • Reports • I.B. Redevelopment Agency Successor Agency/Housing Authority Reports • Items Pulled from the Consent Calendar La Mesa • Report from Closed Session • Closed Session Report • City Manager Comments • Community Bulletin Boards • Presentations • Additions and/or Deletions to the Agenda • Public Comments (Total Time — 15 minutes) • Consent Calendar • Ordinances: First Reading • Hearings/Ordinances: Second Reading • Hearings • Staff Reports (Action Items) • Council Committee Reports • AB 1234 Reports (GC 53232.3(d)) • Council Initiated • City Attorney Remarks Lemon Grove • Changes to the Agenda • Presentation • Public Comment • Consent Calendar • [all other business items are listed in no particular order] • City Council Oral Comments and Reports on Meetings Attended at the Expense of the City • Department Director Reports (Non -Action Items) • Closed Session Page 3 o f 5 325 of 437 Survey: The Order of City Council Agendas (con't) City Agenda Order Oceanside 5:00 p.m. • Consent Calendar Items • General Items • City Manager/City Attorney Items • Council Reports 6:00 p.m. • Proclamations and Presentations • Closed Session Report • Public Communications on Off -Agenda Items • Public Hearings (time certain 6:00 p.m.) • Mayor and/or Councilmember Items • Adoption of Ordinances Poway • Presentations • Public Oral Communications • Consent Calendar • Ordinance • Public Hearing (includes introduction of Ordinances) • Staff Report • Workshop • Mayor and City Council -Initiated Items • City Manager Items • City Attorney Items San Diego Monday • Mayor, Council, Independent Budget Analyst, City Attorney, City Clerk Comment • Updates on Pending Legislation (Mayor) • Requests for Continuance • Adoption Agenda, Discussion, Committee Items • Non -Agenda Public Comment • Public Notices • Non -Docket Items • Adjournment in Honor of Appropriate Parties Tuesday • Approval of Council Minutes • Adoption Agenda, Consent Items • Adoption Agenda, Discussion, Hearings • Non -Docket Items • Adjournment in Honor of Appropriate Parties San Marcos • Proclamations and Presentations • Consent Calendar • Oral Communications • Public Hearing • New Business • Oral Communications — Continued • Reports (including AB 1234 Reporting Requirements) • Council Commentary • Closed Session Page 4 of 5 326 of 437 Survey: The Order of City Council Agendas (con't) City Agenda Order Santee • Presentation • Consent Calendar • Public Hearing • Ordinances • City Council Items and Reports • Continued Business • New Business • Communication from the Public • City Manager Reports • CDC Successor Agency • Santee Public Financing Authority • City Attorney Reports • Closed Session Solana Beach • Oral Communications • Council Community Announcements/Commentary • Consent Calendar • Public Hearings • Staff Reports • Compensation and Reimbursement Disclosure • Council Committee Reports Vista • Approval of the Agenda • Closed Session • Presentation • Consent Calendar • Items Removed from the Consent Calendar for Discussion • Public Hearing • Discussion • Oral Communications • Remarks (from members of the governing bodies on outside committee meetings) • Remarks (from City officials and members of the governing bodies) Page 5 of 5 327 of 437 CALIFORNIA NATIONAL Cnir %— 53:31 �NCORPOR PT I; State-wide Survey: Councilmember Initiated Agenda Items January, 2016 City Policy/Practice Policy Document Notes Chula Vista At a Council meeting: majority vote to place an item on a future agenda. Outside of a Council meeting (urgency items): the Council may communicate outside an open meeting for the limited purpose of determining whether a majority of the members agree to add an item to the agenda. "Request to Add Agenda Item" form to the City Clerk, City Attorney and City Manager five days prior to the meeting. Clerk emails Council. If at least 3 agree by the deadline, the item goes on the agenda (no response is deemed a vote in opposition). yes These items are placed under Council Comments Coronado A single page request should state the matter to be discussed. If a majority of the Council votes to include the item as an action item at a subsequent Council meeting, the staff will be directed to provide a staff report on the matter including costs of the action and alternatives as soon as the research and staff report can be reasonably completed. y es Requests are placed under the Communications Written section of the agenda Del Mar Any two councilmembers may request that an item be placed on a Council agenda for discussion and possible action. Request must be submitted to the City Manager with a written memo. yes El Cajon That councilmember puts a Staff Report on the agenda under their "Council Reports" section of the agenda requesting that the City Council approve the item to be researched and brought back by staff at a future City Council meeting for further discussion. If no research or work is needed by staff, the request is simply that the City Council agree to discuss and/or take action on the item at a future City Council Meeting. Policy is not current. 328 of 437 Survey: Council Initiated Agenda Items (can't) City Policy/Practice Policy Document Notes Elk Grove A councilmember may request an item be considered on a future agenda and, upon agreement by a majority of Council, staff will prepare a staff report. Councilmembers may request verbally during a meeting or may submit written requests. If the item is raised during the councilmember comment section of a regular meeting, the City Manager shall prepare, for consideration at the next meeting, a brief staff report that provides a general outline of the steps to be taken. Before implementation of the steps, the full Council will then provide direction. yes Encinitas During a Council mtg: The Chair can give an express, oral direction the City Manager. If a councilmember disagrees, the councilmember can make a motion to vote on the addition. The vote is without discussion of the merits of the item. A councilmember, with the support of a second councilmember can place an item on a future agenda. Council initiated items are prepared by the requesting councilmember and require no staff time. yes Administrative Manual Escondido Request to Clerk in writing or via email to list under Future Agenda Items. Only after the item receives the assent of two councilmembers and has appeared as a Future Agenda Item at least once may it appear on the regular Council agenda. yes Council Resolution Gilroy At the beginning of the council meeting, there is an item on the agenda entitled "Future Council Initiated Agenda Items". If a councilmember would like to have an item on the agenda they bring it up at this time. The item may go on the agenda as a council initiated item and then it will take four votes of the council at a future meeting to direct staff to do any work related to the item or for an action item to go on the agenda. 329 of 437 Page 2 of 4 January, 2016 Survey: Council Initiated Agenda Items (can't) City Policy/Practice Policy Document Notes Imperial Beach Any councilmember may request that an item be placed on a future agenda for discussion and possible action. Councilmembers submit a written request to the City Manager stating the matter to be discussed. The City Manager places the item on the council agenda to see if a majority of the council wishes to discuss the matter at a future meeting. yes La Mesa The Councilmembers usually send an email to the City Manager with their item and the Council meeting date. The City Manager forwards the email to City Clerk to add the item to the agenda. Councilmembers are asked to follow a memo format for the agenda packet. Lemon Grove A councilmember has to receive a second from another councilmember if it is not during a public meeting. If they don't then it dies because that councilmember can't ask a third member. Sometimes during a Council meeting a discussion item may lend itself to an agenda item that the majority of council will have to support in order to to place it on a future agenda. Then the Mayor will direct the City Manager to do so. Norco The councilmember wanting an item on the agenda must bring the matter up at the City Council meeting and make a motion, which requires a majority approval of the Council. The City Manager then works with the City Clerk to determine the scope of the request and when to schedule it for a future meeting. "City Council/City Manager/Staff Communications" is when Council Members may request items for future meetings. Oceanside The councilmember has to provide the item to the City Manager in writing. The City Manager places the item on the agenda under "Mayor and Council Member Items" yes Santee Councilmembers submit items in writing to the City Manager. These items are placed under the "City Council" portion of the agenda. yes 330 of 437 Page 3 of 4 January, 2016 Survey: Council Initiated Agenda Items (can't) City Policy/Practice Policy Document Notes A councilmember may request an agenda item under the Future Agenda Items section. If no objection, the request is deemed submitted to the Town Manager and scheduled on a future Windsor agenda. If there is an objection, the councilmember shall make a motion. If the motion receives a second, the request is deemed submitted and the Town Manager will schedule on a future agenda. yes Council Resolution Any councilmember may place an item on an upcoming Council agenda by: (a) verbally requesting the agenda item during a Council meeting, which does not require a vote by Council for acceptance at that time, or (b) written request to the Yreka City Manager made no later than ten days before the scheduled council meeting. Any background information or preparation for an item placed on an agenda by a councilmember is the sole responsibility of that councilmember until such time as the full Council has considered the item and directed city staff to take action. 331 of 437 Page 4 of 4 January, 2016 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: PROCESS BY WHICH THE CITY COUNCIL MAY ADD ITEMS TO A CITY COUNCIL REGULAR MEETING AGENDA POLICY NUMBER EFFECTIVE DATE PAGE 111-04 05/03/2011 1 OF 2 ADOPTED BY: Resolution No.: 2011-084 DATED: 05/03/11 AMENDED BY: Resolution No. (date of resolution) BACKGROUND Chula Vista Municipal Code Section 2.04.090.C.2. , governs how items of business may be placed on a City Council regular meeting agenda. With respect to the City Council, a majority of the Councilmembers can direct it to be done. This can be accomplished in two ways: 1. At a City Council Meeting. Since a majority of the Council must act collectively to place an item on the agenda, the preferred method of doing so would be to take action at an open meeting. The Council can vote at a City Council meeting to place an item on the agenda for an upcoming meeting. This method ensures that the action complies with the Brown Act, and avoids any appearance of impropriety. 2. Outside of a City Council Meeting. Some items of business may be of such an urgent nature that there is not sufficient time to allow a public vote prior to its addition to an agenda. In these circumstances, the City Council members may communicate outside an open meeting for the limited purpose of determining whether a majority of the members agree to add an item to the agenda. No substantive discussions may take place. PURPOSE The purpose of this policy is to implement a procedure by which a majority of the Councilmembers may place an item on the agenda, without first having to vote on it in open session. As discussed above, an open session vote is the preferred method of placing an item on the agenda, but this alternative process may be used for urgent matters. Nothing in this Policy is intended to limit the City Council's authority to call a special meeting or emergency meeting, in accordance with state and local law. In addition, nothing in this Policy is intended to limit the application of the Brown Act and its requirements for open City Council decision -making and City Councilmember communications. POLICY A Councilmember who wants to request that an item of business be added to a regular meeting agenda may do so by two methods. The preferred method shall be submitting the request to the Council for vote during open session. If a majority of the Council votes in favor of agendizing the matter, it shall be placed on a subsequent agenda, as directed by the Council. If time does not permit this process to be followed, a Councilmember may submit the request to the Council by following the process detailed below. In following this Policy, all legislative body members shall continue to comply with the Brown Act, and shall not engage in communications regarding the substance of a matter to be agendized. The communications shall be restricted solely to whether or not an item shall be placed on an agenda. 332 of 437 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: PROCESS BY WHICH THE CITY COUNCIL MAY ADD ITEMS TO A CITY COUNCIL REGULAR MEETING AGENDA POLICY NUMBER EFFECTIVE DATE PAGE 111-04 O5/03/2011 2 OF 2 ADOPTED BY: Resolution No.: 2011-084 DATED: 05/03/11 AMENDED BY: Resolution No. (date of resolution) Procedure: 1. A Councilmember desiring to add an item of business meeting agenda shall submit a "Request to Add Agenda the City Clerk, the City Attorney and the City Manager days prior to the meeting at which the item is requested immediately preceding a Tuesday Council meeting). (A to the Policy, and will be available from the City Clerk; necessary by the City Clerk in conjunction with the City 2. The person submitting the Form shall indicate the item date at which it is to be heard, a description of the urgency and all other information requested on the Form. 3. Upon receipt of the Form, and no later than 10:00 a.m. Council meeting (the Thursday immediately prior to a City Clerk will send an e-mail to each of the five Councilmembers the request and the item title, description and statement 4. The Councilmembers shall respond to the City Clerk days before the Council meeting (the Thursday immediately Council meeting). If a Councilmember does not respond be deemed a vote in opposition by that Councilmember. 5. If at least three members respond that they are agreeable the City Clerk will add it to the agenda and notify Manager that the item has been added. 6. If time permits, staff may assist with the preparation staff reports, or other materials for items added pursuant documentation required to be delivered to the Council 2.04.090.A.2. may not accompany these items, due to with their submittal. to a City Council regular Item" form (the "Form") to no later than 9:00 a.m. five to be heard (the Thursday copy of the Form is attached the Form may be revised as Attorney.) title, description, meeting associated with the item five days before the City Tuesday Council meeting) the notifying them of of urgency. no later than 2:00 p.m. five preceding a Tuesday by the 2:00 deadline, it shall to the item being agendized, the City Attorney and City of any requisite resolutions, to this process. The pursuant to CVMC Section the shortened time associated 333 of 437 POLICY #2 TITLE: Request By Member of City Council, including the Mayor, to Place an Item on a City Council Agenda POLICY: 1. Any Member of the City Council, including the Mayor, may request that an item be placed on a future City Council agenda for discussionand possible action. 2. For any item to be placed on the City Council agenda by any Member of the City Council, including the Mayor: a. A single page request should state the matter to be discussed, and the Mayor or Councilmember's recommended action to address the matter. NO additional material other than the single page request drafted by the requesting council member may be submitted to be agendized at the initial council meeting in which the matter will be heard. The request need not be written in the ultimate legal form necessary to take action on the matter at the next city council meeting. b. The request must be submitted no later than 5:00 p.m. on the Tuesday prior to the regularly scheduled City Council meeting to allow the City Attorney to review the item and determine, if the matter as written, in the single page request, should be placed on the open or closed session of the city council agenda. c. If the City Attorney determines the matter is appropriate to include in the open session agenda it will be added to the agenda as written. If the City Attorney determines the matter should be discussed in closed session, the City Attorney will draft the required agenda wording for listing the matter under closed session on the public portion of the City Council agenda. The single page request written by the requesting City Councilmember or Mayor will be provided to the entire City Council in the closed session information packet. 3. If a majority of the City Council votes to include the item as an action item at a subsequent City Council meeting, the staff will be directed to provide a staff report on the matter including costs of the action by the requesting Councilmember or Mayor and recommendation (if any) among alternatives (if any) as soon as the research and staff report can be reasonably completed at a subsequent City Council meeting for either the open or closed sessions. DISCUSSION: The Agenda is a lawful tool used by the City Council to conduct the public's business. To accommodate the diversity of the City's citizens, each Councilmember and the Mayor, as representatives of the public, should be afforded the opportunity to present matters for City Council consideration. Adopted by: City Council Minute Order on October 4, 2011 2 334 of 437 CITY OF DEL MAR CITY COUNCIL POLICY BOOK REQUEST BY MEMBERS OF CITY COUNCIL TO PLACE AN ITEM ON A CITY COUNCIL AGENDA POLICY: PAGES: 1 OF 1 1. Any two City Councilmembers may request that an item be placed on a City Council Agenda for discussion and possible action. 2. For the item to be placed on the agenda: a. The request must be submitted to the City Manager with a written memo containing the wording of the agenda item and a brief explanation of the issue to be discussed; and b. The request must be submitted no later than 5:00 p.m. on the Tuesday prior to the regularly scheduled City Council meeting. 3. Generally, a Staff Report will not be prepared for the item. DISCUSSION: The agenda is a lawful tool used by the City Council to conduct the public's business. To accommodate the diversity of the City's citizens, City Councilmembers, as representatives of the public, should be afforded the opportunity to present matters for City Council consideration. 335 of 437 ELK GROVE The City Manager reviews and approves all items for the Council agenda. Agenda packets are compiled, photocopied, converted electronically, posted to the Web, and distributed through the City Clerk's Office, pursuant to the Agenda Preparation & Staff Report Guidelines for City Council Meetings. Once the agenda packet has been delivered to the City Council, items may be added to an agenda only upon the concurrence of the Mayor and only as authorized by the Ralph M. Brown Act. EXTERNAL AGENDA REQUESTS A member of the public may request that an item be placed on a future agenda during public comment or through other communication with Council members. Upon approval by a majority of Council, the item will be agendized and a staff report prepared. The City Manager will inform the Council of the potential impact the request will have on established priorities or staff workload and seek approval by the City Council before authorizing the work or scheduling the item as appropriate. Again, based on the Finance Department, City Attorney, and City Clerk deadlines, staff usually requires at least a month to prepare a matter for a Council agenda. COUNCIL MEMBER AGENDA REQUESTS A Council member may request an item be considered on a future agenda and, upon agreement by a majority of Council, staff will prepare a staff report. Council members may make requests verbally during a meeting or may submit written requests. If the item is raised during the Council member comment section of a regular meeting, the City Manager shall prepare, for consideration at the next regular meeting, a brief staff report that provides a general outline of the steps to be taken. Before implementation of the steps, the full Council will then provide direction pursuant to that agenda item. PRESENTATIONS Most requests for presentations by civic groups and local organizations and requests for recognition of Eagle Scouts or for excellence in academics, athletics, etc. shall be honored as feasible and appropriate and placed under the "Presentations" segment of the agenda. All 8IPagc 336 of 437 CITY OF ENCINITAS ADMINISTRATIVE MANUAL Policy Title: Policies & Protocols for City Council Meetings. Responsible Department: City Manager's Office Approved By: City Council Section: City Council Number: C003 Date Approved: 08/26/09 Revised: 03/2012 7/17/2013, 7/09/2014, 9/17/2014, 9/9/2015 I. Placing Items on a City Council Agenda To establish the procedures by which items are added to the City Council agenda when requested by Council Members, staff or the public. A. To Add Item during a Meeting to that Meeting's Agenda To add an item to a meeting in progress, the Brown Act requires 4/5ths of the City Council (or three if there are only three present) to find that the item came to the City's attention during the previous 72 hours and there is a need to take action before the City Council's next meeting. B. To Add an Item during a Meeting to a Future Agenda 1. The Chair gives an express, oral direction to the City Manager. 2. At the request of a Council Member, with the support of a second Council Member, an item will be placed on a future agenda. 3. Requests from members of the audience, after being authorized to speak, may be considered under the "Future Agenda Items Added by Council" section of the agenda at the initiation of a Council Member with the support of a second Council Member. 4. If a Council Member disagrees with the Chair's direction to the City Manager, the Council Member can make a motion to vote on the addition. The vote is without City Council discussion of the merits of the item or the basis of the request. Wage 337 of 437 5. The Chair may, with support of the majority of the City Councils refer items to a Commission or Subcommittee for further review. C. Council Initiated Agenda Item 1. City Council Members may add a Council Member Initiated Agenda Item to a City Council Meeting agenda. 2. Council Initiated Items are prepared by the requesting Council Member and require no staff time. 3. Council Initiated Items must be submitted to the City Clerk no later than noon the Wednesday prior to the next City Council meeting and are not reviewed by the Mayor or City Manager prior to submission to the City Clerk. D. Process for Developing Agendas 1. The City Manager is authorized to place items on agendas that are generated by city administrative requirements, laws, or City ordinances, for example: warrants contract awards appeals adoption of ordinances permit applications issued by Council. 2. The City Manager shall review with the Mayor, or the Deputy Mayor in the absence of the Mayor, a schedule of future agenda items. E. List of Pending Agenda Items 1. The City Manager will maintain a list of pending agenda items that have been requested and agreed to, but have not yet been scheduled. 2. The list will be included as an attachment to the Council agenda with the City Manager's best estimate of when the item is likely to come before the Council. II. Council Meetings It is the intent of the City Council that rules be established for the management of Council meetings to ensure compliance with relevant laws and to conduct the public's business in an open, transparent, and efficient manner. The Council strives to ensure that business requiring Council deliberation and action is given priority in the planning and conduct of Council meetings, and that the public has the opportunity to make comments and provide input on any item of interest. 21Pa,gr 338 of 437 A. Council Members' Rules of Procedure 1. Procedural Rules: All meetings of the City Council shall be conducted in an orderly manner designed to expedite the business of the City Council. Robert's Rules of Order will be used as a guide to resolve questions of parliamentary procedures. The City Attorney shall serve as the Parliamentarian. 2. Consent Calendar: Those matters which are considered routine by the City Manager shall be initially placed on the consent calendar. Before adopting the consent calendar, the Chair will ask members of the public and members of the City Council whether anyone wishes to add an agenda item to the consent calendar or to move a matter from the consent calendar to the regular agenda. Council will then proceed with consideration of the remaining Consent Calendar. The consent calendar will be enacted upon with one motion, and the ordinances being read by title will be waived. There will be no separate discussion of these matters. Items pulled from the consent calendar will be considered immediately following adoption of the remaining consent calendar, and staff reports will only be given if requested by the person who pulled the item. 3. Action of City Council: the City Council shall act by motion, motion to adopt resolution or motion to adopt ordinance, or may give direction by consensus. 4. Rules of Debate: Debate upon all matters pending before the City Council shall be under the direct supervision of the Chair and conducted in such a manner as to expedite the business of the City Council, subject to the procedural rules of the City Council and Robert's Rules of Order. 5. The use of personal electronic devices on the dais shall be limited to official agenda -related tasks and emergency notifications. If, in the opinion of the Chair, a Council Member's use of an electronic device is disruptive to Council deliberations or disrespectful to the public, the Chair may request that the Council Member cease his or her use of such device. 6. Remarks by Council Members: Every Council Member desiring to speak shall so indicate using the "request to speak" button on the display screen or otherwise address the Chair. Upon recognition by the Chair, the Council Member shall confine remarks to the item under consideration, avoiding remarks regarding the personalities 3IPa_gc 339 of 437 involved and avoiding indecorous language. A Council Member, once recognized, shall not be interrupted when speaking unless it is to call him/her to order. If a Council Member while speaking is called to order, the Council Member shall cease speaking until the question of order is determined. No Council Members shall make a statement representing the City's position or policy unless supported by a motion or resolution of the City Council. 7. Abstention Votes: Unless a member of the City Council audibly votes in the negative, silence shall be recorded as an affirmative vote. An abstention shall be recorded as a vote with the majority. The Council Member abstaining may state a short sentence explaining the reason for abstaining and this sentence shall be included in the minutes. (This assumes that the abstentions are not due to a conflict of interest. In a conflict of interest, the conflicted Member leaves the room and is considered absent for purposes of both a quorum and a vote.) 8. Teleconferencing: Teleconferencing shall be allowed as per Government Code. B. Citizen Participation in Council Meetings — Oral Communications 1. At each regular City Council meeting up to 30 minutes shall be reserved for Oral Communications. 2. The purpose of oral communications is to bring to the attention of the Council a matter or matters which do not appear on the agenda. Remarks shall be addressed to City Council as a body and not to any member of the City Council, staff or the public. State law prohibits Council action on non -agenda items because the public would be unaware prior to the meeting of any potential action. If needed, Oral Communication items will be referred to the City Manager either for resolution by administrative action or placement on a future agenda by the Chair or at the request of at least two Council Members. 3. White speaker's slips will be available at the back of the Council Chambers to be filled out indicating a person's wish to address the Council under the agenda title "Oral Communications" and the subject on which the person wishes to speak. The slips will be accepted by the City Clerk in the Council Chambers no earlier than 30 minutes before the start of the meeting. All oral communications speaker slips must be received by the Clerk by the start of oral communications. 4. The City Clerk will review the slips. The Clerk will inform the Chair of the number of slips. If the number of speakers, at three minutes each, exceeds the 30 minute allotted time for Oral Communications, the 4IPage 340 of 437 Chair, in consultation with the Council, will determine the time allotted per speaker, extension of Oral Communications time, or continuation of remaining speakers to the end of the meeting. 5. Donations of time from one speaker to another will not be permitted in Oral Communications. 6. Only the Chair shall respond to a speaker during Oral Communications. Discussion is not allowed under law. If a Council Member has a valid question to clarify the issue, the question will be directed through the Chair. C. Public Comment on Agenda Items 1. The public is allowed to comment on items which appear on the agenda. 2. Speaker slips will be available in the Council Chambers to be submitted by persons wishing to speak on an agenda item. The normal time allowed for a person to speak will be three minutes. Donation of time from one person to another will be permitted with up to two time donations for a maximum of 9 minutes, when speaking. The donor must be present. The Chair shall have the authority, with Council consensus, to reduce equally each speaker's time to accommodate a larger number of speakers, or to limit the total speakers' time on an agenda item. 3. Speaker slips for agenda items will be accepted by the City Clerk in the Council Chambers no earlier than one-half hour before the meeting and up until the public testimony on the item is finished. Included on the speaker slip shall be the option for an individual to register support or opposition but do not wish to speak (individual must be present). 4. Remarks shall be addressed to City Council as a body and not to any member of the City Council, staff or the public. No person shall enter into a discussion without the permission of the Chair. No questions shall be asked of a City Council Member or staff member except through the Chair. The Chair may limit interaction between Council Members and public speakers to questions of clarification. 5. If there is a group representing a common position, designation of a spokesperson is encouraged. The Chair may allot a fixed amount of time for presentations of this nature. Commonly 10 minutes. 5 Page 341 of 437 6. Outside presentations shall be limited to 10 minutes maximum unless additional time has been requested through the City Clerk with approval by the Mayor. D. Public Hearings 1. Public Hearings are occasions specifically for the purpose of obtaining public input. 2. Speaker slips will be available in the back of the Council Chambers to be submitted by persons wishing to speak at a public hearing. 3. Speaker slips will be accepted by the City Clerk in the Council Chambers no earlier than one-half hour before the meeting and up until the public testimony on the item is finished. 4. The normal time allowed for a person to speak in a public hearing will be three minutes. The Chair shall have the authority, with Council consensus, to reduce equally each speaker's time to accommodate a larger number of speakers, or to limit the total speakers' time in a public hearing. 5. Donation of time from one person to another will be permitted with up to two time donations for a maximum of 9 minutes, when speaking in a public hearing. The donor must be present. 6. If there is a group representing a common position, designation of a spokesperson is encouraged. The Chair may allot a fixed amount of time for presentations of this nature. Commonly 10 minutes. E. Public Hearings on Appeals 1. Participation in Public Hearings on appeals is limited to appellant/application initial objectors, initial supporters and persons whose interests may be affected by the outcome of the hearing. Common practice is allowing speaking time of 10 minutes for both applicant and appellant with 5 minutes each for rebuttals. Note: Please see Municipal Code Section 1.12.030A on the time constraints for submitting material relating to Public Hearings on Appeals. F. Written Communications 1. Per Government Code Section 54957.5, any agenda related writings received by a majority of the City Council within 72 hours before a 6'Pagc 342 of 437 regular meeting, must be distributed to all Council Members and a copy placed in the designated binder in the City's lobby. However, it is the City's practice to distribute all written correspondence received by any one Council Member to all Council Members and correspondence pertaining to an agenda item, is also placed in a binder in the lobby. 2. Written communications may also be presented to the City Clerk at City Council meetings, as part of the record of the meeting and for distribution to the City Council. G. Minutes 1. The City Clerk is instructed to prepare action minutes for each Council meeting. The City Clerk shall add a brief description /topic for oral communication speakers, add any staff direction to the minutes that was a result of oral communication requests, add a one sentence statement as to why an item was removed from the Consent Calendar, and note whether the speaker was speaking in favor or opposition to agendized items. 2. A City Council Member has the right to have entered into the minutes a brief sentence of the Council Member's reasons for dissenting from or protesting against an action of the City Council. H. General Meeting Rules The City Council is pleased to have people attend Council Meetings to participate in their local government. The following rules are established in order to insure an orderly meeting where all can exercise their rights of free speech: 1. No smoking. 2. No alcohol. 3. Signs limited to 8-1/2" X 11" or smaller flexible paper without rigid support (due to safety concerns). 4. To assure that every speaker is listened to in a respectful manner, cheering, shouting or disruptive behavior shall not be tolerated. The Chair may direct appropriate remedial action if necessary. 5. In the interests of saving time, Council requests that the audience refrain from clapping for speakers. 6. No pets are allowed in Council Chambers. Service animals are permitted. 7IPagc 343 of 437 I. Communication Guidelines Council Communication Guidelines • Articulate own perspective with respect • Focus on making "informed decisions" • Stay on topic -current agenda item • Ask questions for clarification -clarify the facts • Acknowledge legitimate disagreement • Respect the majority opinion • Be courteous, professional and respectful Community Communication Guidelines Welcome to our Council meeting. When addressing the Council, please: • Address the Council as a body, not individuals • Clarify your goal/purpose at the outset • Respect the three -minute time limit -stop at the buzzer • Council may ask questions for clarification • No dialogue with Council during oral communications • Be courteous, professional and respectful J. Applications of Rules to Boards, Commissions, and Committees For consistency of meeting procedures and protocol, these rules shall apply to all boards, commissions, and committees of the City of Encinitas. 8IPa 344 of 437 RESOLUTION NO. 2014-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ESCONDIDO, CALIFORNIA, AMENDING AND READOPTING RULES OF PROCEDURE FOR CITY COUNCIL MEETINGS AND CITY COUNCIL POLICIES WHEREAS, the City Council of the City of Escondido, State of California, has previously adopted resolutions which provide Rules of Order and Procedure for City Council meetings and certain written policies governing Council procedures and methods of operation which are amended from time to time; and WHEREAS, the Council wishes to re -adopt its Rules and Policies for the purpose of including certain amendments and clarifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California, as follows: 1 That the above recitations are true. 2. That the following sections shall govern the City Council: Section A: Rules of Order and Procedure 1. Time of Regular Meetings. Unless the City Council schedules otherwise or cancels a meeting, the City Council shall hold regular meetings at 3:30 p.m. commencing with closed session items and thereafter at 4:30 p.m. commencing with a public session on each of the first four (4) Wednesdays of each calendar month at the City Hall. 345 of 437 2. Matters Covered. For the purpose of efficiently focusing only on matters affecting the City of Escondido, the Council shall not consider any resolution, motion or matter which does not affect the conduct of the business of the City of Escondido or its corporate powers or duties as a municipal corporation nor shall the Council consider any resolution or motion supporting or disapproving any legislation or action pending in the Legislature of the State of California, the Congress of the United States or before any officer or agency of said State or nation unless such proposed legislation or action, if adopted, will affect the conduct of the municipal business or the powers and duties of the City of Escondido or its officers or employees as such. 3. Order of Business. Regular business of the Council at the 4:30 p.m. public session shall be taken up for consideration in substantially the following order, except as may be otherwise ordered by the Mayor or Council: a. Moment of Reflection b. Flag Salute c. Roll Call d. Introductions/Proclamations/ Presentations e. Oral Communications f. Consent Calendar, including Affidavits of Publications, Mailing, Posting, Warrant Register & Minutes Ordinances and Resolutions Public Hearings g. h. 346 of 437 Current Business Matters j. Briefing (Staff) k. Future Agenda Items Oral Communications m. Council/Commission Member Comments o. Adjournment 4. Consent Calendar Defined From time to time the Council may schedule a "workshop" style meeting. Such workshops shall comply with all applicable laws and shall be dedicated primarily to general information gathering and sharing, discussion and possible direction to staff. Final actions of the Council shall not take place at workshop sessions. Those items on the Council agenda which are generally considered routine matter of business such as the approval of minutes, Treasurer's Quarterly Investment Report, bid awards, resolutions setting hearings, final maps and various leases and agreements are listed on the "Consent Calendar" and shall be adopted by one motion unless Council, staff or a member of the public requests specific items to be discussed and/or removed for separate action. Those items so approved under the heading "Consent Calendar" will appear in the Council minutes in their proper form, i.e., resolution accepting grant deed or easement, approval of minutes, award of bid, etc. 5. Oral Communications. Time has been reserved near the beginning and end of each regular meeting agenda to provide an opportunity for members of the 347 of 437 public to directly address the Council on items of interest to the public. Comments on an item already appearing on the agenda shall only be taken at the time reserved for discussion of that agenda item. No action will be taken by the Council on items discussed under Oral Communications, except to refer the matter to staff or schedule for future action. 6. Council Member Comments. The Council Member comments agenda item provides members of the Council an opportunity to raise items not currently before the Council for updates and briefing. No action or discussion shall occur on any such matter. 7. Council Action. Upon motion being made and seconded by any Council member, a roll call vote shall be taken. A motion that fails to obtain a second or a majority vote shall die. 8. Manner of Addressing Council - Time Limit. a. Each person addressing the Council shall step up to the microphone, shall state their name and city of residence in an audible tone of voice for the record and, unless further time is granted by concurrence of the Council, shall limit their address to three (3) minutes. If significant numbers of persons desire to speak on a given item, the presiding officer shall limit speaking times. Longer time limits may be 348 of 437 permitted for an applicant, appellant, or spokesperson for a larger group, at the discretion of the presiding officer. b. Whenever any group of persons wishes to address the Council on the same subject matter, it shall be proper for the presiding officer to request that a spokesperson be chosen by the group to address the Council and, in case additional matters are to be presented at the time by any other member of the said group, to limit the number of persons so addressing the Council so as to avoid unnecessary repetitions before the Council. 9. Posting of Agenda. At least 72 hours before a regular meeting, the City Clerk shall post a certified copy of the agenda specifying the time and location of the regular meeting in a place accessible so as to be available for review by members of the public. 10. Content of Agenda. Under state law, the City Council is limited to consideration of items which are on a posted agenda. Items may be placed on an agenda only by city staff or upon the concurrence of two individual Council members. The City Manager shall be in charge of preparing the Council agenda and all items shall be coordinated with the City Manager. In addition, a Council Member wishing to place a matter on the agenda for discussion and action shall first request the City Clerk (in writing or by electronic mail) 349 of 437 to list the item under the category of "Future Agenda Items." Only after the item has received the assent of two Council members and has appeared at least once as a "Future Agenda Item" may it appear on the regular Council agenda for discussion and action. To the fullest extent practicable, any items placed on the agenda by City staff shall also be listed under "Future Agenda Items" to assure the best possible advance notice of the nature of items and discussion which are upcoming. 11. Closing Time of Council Meetings. No agenda item may be introduced after the hour of 10:00 p.m.; however, the meeting may be extended beyond 10:00 p.m. upon a majority vote of the Council members. 12. Processing of Motions. a. When a motion is made, it shall be stated clearly and concisely by its mover. After a motion is made and seconded, it shall be stated by the presiding officer before debate. A motion may be withdrawn by the mover without consent of the Council members. b. The presiding officer shall at any time by majority consent of the Council members, permit a Council member to propose the reordering of agenda items. c. If a question contains two or more divisible propositions, the presiding officer may, and upon request of a Council member shall, divide the same. 350 of 437 13. Precedence of Motions. a. When a motion is before the Council, no motion shall be entertained except (precedence in order indicated): (1) To adjourn (2) To fix hour of adjournment (3) To lay on the table (4) For the previous question (5) To postpone to a certain day (6) To refer (7) To amend (8) To postpone indefinitely b. A motion to adjourn shall be in order any time, except as follows: (1) When repeated without intervening business or discussion (2) When made as an interruption of a member while speaking (3) When the previous question has been ordered (4) While a vote is being taken c. A motion to adjourn "to another time" is debatable only as to the time to which the meeting is adjourned. d. A motion to table or lay on the table is not debatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be "taken from the table" only by adding it to the 351 of 437 agenda of the next regular meeting, to be discussed at the following regular meeting. e. A motion for previous question shall close debate on the main motion and shall be undebatable. The statement by a Councilperson of "question" does not accomplish the same purpose. If a motion fails, debate is reopened; if motion passes, then vote shall be taken on the main motion. f. A motion to amend shall be in order and is debatable only as to amendment. A motion to amend an amendment shall not be in order. An amendment modifying the intention of a motion shall be in order but an amendment relating to a different matter shall not be in order. A substitute motion on the same subject shall be acceptable and amendments are to be voted first, then the main motion is amended. g. A motion to postpone indefinitely shall be fully debatable and if the same is adopted, the principal motion shall be declared lost. A motion to postpone to a definite time shall be amendable and debatable as to propriety of postponement and time set. h. A motion to refer shall not be debatable except for the propriety of referring. 14. Administrative Mandamus. Persons who are dissatisfied with a decision of the City Council 352 of 437 may have the right to seek review of that decision by a court. In addition, the City has adopted Section 1094.6 of the Code of Civil Procedure which generally limits to ninety (90) days the time within which the decision of City boards and agencies may be judicially challenged. 15. Appeals; Continuances. Any person appealing an action of a City Commission or City Staff to the City Council has a right to two two -week postponements of the initial hearing scheduled on the appeal. After exhaustion of this right, the appeal shall be considered withdrawn. This procedure shall not limit the ability of the City Council to continue a hearing which has commenced to a subsequent meeting to receive additional public testimony or information from City Staff. 16. Reconsideration. Any member of the Council, voting in the majority on any action of the Council, may at the same meeting, or at a subsequent time, request the Council reconsider an action. A reconsideration request made by a member of the Council voting in the minority shall not be allowed, except when made more than one (1) year after the date of the original action. All requests for reconsideration of a Council action shall be provided to each Council member, and the City Manager in writing or via electronic mail, and the request shall be placed on the next available agenda. In the event an item to be reconsidered requires public notice, it 353 of 437 shall be calendared and noticed after Council determines when reconsideration shall occur. 17. Personal Privilege. The right of any Council member to address the Council on a question of personal privilege shall be limited to cases in which his/her integrity, character or motives are questioned. 18. Council Conduct. No member of the Council shall act in such a manner as to call into disrepute the public image of the Council or which is discourteous to or results in the constant interruption of other members of the Council or members of the public. 19. Parliamentarian. A majority vote of the Council shall generally control matters of procedure not addressed by this Resolution. The City Attorney shall decide all other questions of interpretations of these rules and any other questions of a parliamentary nature which may arise at a City Council meeting. 20. Voting and Non -Profit Entity Membership. It shall be the policy of this Council that a council member who serves on the governing board of a non-profit entity shall not participate in the discussion or voting process to determine whether or not that non- profit entity receives City funds. In the event the request of a non-profit entity with a council member on its governing board is part of a larger 354 of 437 request involving several items, or is part of the budget process, a separate vote shall be taken to allow the necessary abstention. 21. Selection of Chairperson. In the event that the Mayor and the Deputy Mayor are absent from a City Council meeting, the three remaining Council members present shall promptly determine which Council member will conduct and serve as the chairperson of the meeting. 22. Decorum and Security. a. While the City Council is in session, the Council members, staff, and members of the public are expected to act in a manner to preserve order and decorum for the meeting. No person shall engage in disorderly or disruptive behavior during the meeting. No person shall, either by conversation, applause, shouting, or any other conduct, interrupt or delay the proceedings. b. The City Manager, in coordination with the Mayor and/or Deputy Mayor, are authorized to and shall designate and post signs specifying those areas of the Chamber for the media or others wishing to record the meeting, areas for staff presentations, and areas which are restricted to City employees and elected officials. c. Signs, placards, posters, or similar objects which are larger than 8.5 by 11 inches shall not be permitted in the Council Chambers without the consent of the presiding officer 355 of 437 Section B: City Council Policies. 1. Correspondence with Members of the City Council. The purpose of this policy is to provide for a coordinated response to correspondence (i.e. letters, emails, and similar items) which is sent to the City generally, or in which the same correspondence is sent in identical fashion to all Council members. In such circumstances, the Council directs that the Mayor (or as appropriate the City Manager or City Attorney) shall answer such correspondence on behalf of the City, according to the procedure set forth below. In addition to individual e-mail addresses, the City Manager's Office shall also establish a shared email address by which citizens may direct emails to all Council members at the same time. The shared email address shall be featured on the City's website and in other publications in such a manner as to allow citizens to use the address and thereby communicate with all Council members at the same time. All Council members shall have access to review items in the mailbox at all times. All responses to such emails shall also be sent from the shared mailbox, such that all Council members may review such responses. With respect to other communications, such as those involving other governmental entities, organizations, and related entities where such communication occurs between the entities rather than specific individuals, the Mayor shall respond on behalf of the City, with copies to 356 of 437 all Council members. Matters involving routine city administrative issues shall generally be responded to by either the City Manager or City Attorney, as appropriate, on behalf of the City. With respect to correspondence that consists of invitations to events, the Mayor and Council shall coordinate such invitations with the City Manager's support staff. Because substantial portions of City Council communication, whether electronic or written, is subject to California's Public Records laws, all City Council communications shall be coordinated with the City Manager for the purpose of compliance with various laws governing public records. All Council members using city computers shall be subject to the City's Administrative Directives regarding computer use. 2. Press Releases. All press releases on behalf of the City shall be issued on City letterhead and only on behalf of the City generally or the entire City Council. Press releases shall be prepared and coordinated by the City Manager's Office. 3. Council Calendar. The responsibility for managing the calendars of the City Council and the City Council members shall be delegated to the City Manager's secretary. 4. Audits. Staff shall informally assist the City Council in a periodic accounting 357 of 437 of individual expenditures for travel, phone use, etc. 5. Credit Card Use. Credit cards are available for use by individual members of the City Council. Such credit cards shall be used only for official city business. Council members shall not use a City credit card, or be reimbursed for purchases of meals for others. 6. Council Travel Policy. Council members shall be bound by all City policies, as expressed in Administrative Directives or otherwise, regarding travel on City business. Elected officials shall provide brief reports on meetings attended at the City's expense at the next regular City Council meeting. If multiple elected officials attended, a joint report may be made. Reports may be provided in writing as part of the Agenda packet distribution. The City Council generally has a fixed amount in the City Council budget. It shall be the policy of the council to see that each Council member generally attempts to stay within approximately one -fifth of that entire budget. 7. Council Communication with Staff. The Council members shall request information or give direction only to the City Manager or City Attorney. Requests for information should be directed to the City Manager although incidental or minor requests (not involving analysis or significant time), may be requested 358 of 437 directly from department heads, with a copy to the City Manager. Requests which involve change of policy, expenditure of funds, or use of significant staff time shall be submitted to the full Council for approval. In the absence of the City Manager or the City Attorney, requests should be made to designated Assistants. 8. Review of Reimbursements. The Director of Finance or a designee shall review all City Council requests for reimbursement of expenses for consistency with City policy on such expenses. In all cases, Council members shall be bound by the same policies and procedures adopted and applicable for all City employees on a Citywide basis. To the extent such policies provide for per diem reimbursements, auto allowances, and related forms of reimbursement rather than receipt -specific reimbursement, it is hereby determined that such per diem or fixed amount reimbursements, so long as applicable to all city employees, are the best and most efficient method of reimbursing expenses on an actual and necessary basis. 9. Council Salary. To assure attention to the Council compensation allowable under state law, the City Council shall have an agenda item during a meeting in December of odd numbered years for the purpose of determining whether or not to take action regarding Council compensation. 359 of 437 Section C: 10. Campaign Activity Funding. The City Council shall not direct or authorize the expenditure of public funds to prepare or distribute a publication or communication when the style, tenor, and timing of the publication or communication demonstrates that it constitutes traditional campaign activity or that it supports or opposes the approval or rejection of a ballot measure. City Council Ethics Policy. 1. Declaration of Policy. The respected operation of democratic government emphasizes that elected officials be independent, impartial, and responsible to the people. It requires that they conduct themselves in a manner above reproach. This Ethics Policy provides the following general guidelines and specific prohibitions to which elected Escondido City Officials must conform in pursuit of their assigned duties and responsibilities. This policy is in addition to all applicable provisions of state law, including the Brown Act, the Political Reform Act and implementing regulations, and all other laws governing the conduct of elected officials. 2. Disclosure of Closed Session Matter. No member of the City Council shall disclose to any person, other than members of the Council, the City Attorney, the City Manager, or other City staff designated by the City Manager to handle such matters of confidential City business, the content or substance of any information 360 of 437 presented or discussed during a closed session meeting unless the City Council first authorizes such disclosure by the affirmative vote of three members. 3. Disclosure of Confidential Communications. Except when disclosure is mandated by state or federal law, no member of the City Council shall disclose to any person, other than members of the Council, the City Attorney, or the City Manager, or other City staff designated by the City Manager to handle such matters of confidential City business, the content or substance of any confidential or privileged communication relating to matters of City business, received under circumstances where the confidential or privileged nature of the communication is reasonably conveyed, unless the City Council first authorizes such disclosure by the affirmative vote of three members of the City Council. 4. Conduct During Negotiations/Litigation. The City Council is authorized to provide direction to specifically identified negotiators in a legally constituted closed session on matters involving pending litigation, real estate negotiations, and labor negotiations. If the City Council in closed session provides such direction to its negotiators, all contact with the negotiating party or the party's representative, shall be limited to, and made by, those individuals designated to handle the negotiations. 361 of 437 During a pending labor negotiation, no member of the City Council shall have any contact or discussion with the negotiating party or the party's representative regarding the subject matter of the pending negotiation. In addition, during pending litigation or real estate negotiations, no member of the City Council (unless they have been designated as a negotiator) shall have any contact or discussion with the litigating or negotiating party or the party's representative regarding the subject matter of the pending litigation or real estate negotiations. No member of the City Council shall communicate or disclose to any person, other than members of the Council, the City Attorney, the City Manager, or other City staff designated by the City Manager to handle such matters of confidential City business, any discussion or information received in closed session regarding the negotiation or litigation. Nothing in this section shall prohibit Council members from receiving written communications provided they are made available to all Council members, the City Manager, the City Attorney, and the City's designated negotiators on an equal basis. 5. Ex Parte Communications, The purpose of this provision is to guarantee that all interested parties to any matter before the City Council have equal opportunity to express and represent their interests. Ex parte communications are those communications members of the City Council have with representatives of only one side of a matter outside the presence of other interested parties. 362 of 437 A communication concerning only the status of a pending matter shall not be regarded as an ex parte communication. Any written or oral ex parte communication received by a member of the City Council in matters where all interested parties are entitled to an equal opportunity for a hearing shall be made a part of the record by the recipient. 6. Violations and Penalties. Any violation of this Ethics Policy by a member of the City Council shall constitute official misconduct if determined by an affirmative vote of three members of the City Council in an open and public meeting. In addition to any criminal or civil penalties provided for by federal, state or other local law, any violation of this Ethics Policy shall constitute a cause for censure by City Council adoption of a Resolution of Censure. 363 of 437 PASSED, ADOPTED AND APPROVED by the City Council of the City of Escondido at a regular meeting thereof this 12th day of February, 2014 by the following vote to wit: AYES : Councilmembers: GALLO, MASSON, MORASCO, ABED NOES : Councilmembers: DIAZ ABSENT : Councilmembers: NONE APPROVED: SAM ABED, Mayor of the City of Escondido, California ATTEST: DIANE HALVERSON, City Clerk of the City of Escondido, California RESOLUTION NO. 2014-21 364 of 437 CITY OF IMPERIAL BEACH COUNCIL POLICY SUBJECT: REQUEST BY MEMBER OF THE CITY COUNCIL TO PLACE AN ITEM ON A CITY COUNCIL AGENDA POLICY NUMBER: 116 PAGE 1 OF1 ADOPTED BY: Resolution No. 2012-7142 DATED: January 18, 2012 PURPOSE To provide guidelines on placing items on the City Council agenda by members of the City Council. POLICY 'r. Any member of the City Council may request that an item be placed on a future City Council agenda for discussion and possible action. 2. For any item to be placed on the agenda by any member of the City Council a. Submit a written request to the City Manager stating the matter to be discussed. b. City Manager places the item on the City Council agenda to see if a majority of the City Council wishes to discuss the matter at a future meeting. c. If a majority of the City Council wishes to discuss the matter at a future meeting, the City Manager will place it on a future agenda after staff work, if any, is completed. 365 of 437 POLICY NUMBER 100-02 ADOPTED 8-10-83 SUBJECT: REVISED 1-14-87 City Council/CDC/Harbor Board/OPFA REVISED 1-16-02 Agenda Items REVISED 3-1-06 REVISED 1-6-16 It is the policy of the City Council that items from Councilmembers may be placed on the Council meeting agenda under "Councilmember Items". Councilmembers may place an item on the agenda by notifying the City Manager's Office of the specific subject matter they wish to discuss, in writing, at least three weeks in advance of the Council meeting. Councilmember items are due to the City Manager's Office by 10 a.m. on the Wednesday three weeks prior to the City Council meeting for which the item is proposed. Pursuant to Council Policy 100-20, the City Manager will determine if the request will exceed the four-hour time limit. If the item is determined to not exceed the time limit, the item will be placed on the agenda. If the item is determined to exceed the time limit, the item will be placed on the agenda for the purpose of Council approval of staff resources. At no time shall a Councilmember item be construed as more than "information only"; any staff action, beyond preparing a presentation within the four-hour time limit, on any Councilmember item, must be approved by the full council. Councilmember requests for proclamations or resolutions to be placed on the agenda are excluded from the three week advance notice requirement. These items may be placed on the agenda one week prior as long as no significant staff time is required. The addition of Councilmember items requested after the 10:00 a.m. Wednesday deadline, above, is discouraged; however, late items can be accommodated under certain circumstances, only if the following "addendum" process is followed: • All conditions of the Brown Act must be met; all addendums require 72-hour advance public notice and posting. • Addendums for late Councilmember items must be submitted in writing, with a stated reason for the need for immediacy of the action. All such requests shall include the concurrence of one other Councilmember or the Mayor, and this concurrence should also be in writing. OCEANSIDE CITY COUNCIL POLICY 366 of 437 • All late requests for addendums to the agenda must be submitted to the City Manager by 3 p.m. of the Thursday prior to the meeting. Any request beyond this timeframe cannot be accommodated. Councilmembers are asked to minimize the use of the addendum process for late Councilmember items and are encouraged to simply place their requested items on the following regular Council agenda. OCEANSIDE CITY COUNCIL POLICY 367 of 437 (714) 562-6153 CITY OF SANTEE 10765 WOODSIDE AVE • SUITE R P 0 80X 40 SANTEE, CALIFORNIA 92071 LEGISLATIVE POLICY MEMORANDUM NUMBER: LPM 81-1 DATE: September 24, 1981 INITIATED BY: Gene R. Ainsworth, Mayor REVIEWED BY COUNCIL (Date) : SEP 2 81981 APPROVED BY COUNCIL (Date) 'SEP 2 8 1981 INCLUDED IN LPM (Date): SUBJECT: Submittal of items for the agenda by members of the City Council POLICY DISCUSSION: From time to time, individual members of the City Council have occasion to submit items for inclusion on the formal Council agenda. These items will be placed under the CITY COUNCIL portion of the agenda. Council members wishing to have an item(s) considered as part of the formal Council agenda/regular meeting process by the full Council will submit the item(s) in writing to the City Manager for in- clusion on the agenda and all items so submitted must be available for duplication no later than the Monday proceed- ing the Wednesday on which staff assembles agenda packets for the subsequent Monday City Council meeting. Items to be considered at adjourned regular, special, and workshop meetings must be submitted to the City Manager's office by either the Monday before the meeting or 72 hours prior to the meeting. 368 of 437 RESOLUTION NO. 3262-16 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WINDSOR RESCINDING RESOLUTION NO. 3246-15 AND AMENDING RULES FOR THE CONDUCT OF MEETINGS OF THE TOWN COUNCIL OF THE TOWN OF WINDSOR WHEREAS, Section 36813 of the Government Code, State of California, authorizes a Town Council to establish rules for the conduct of its meetings; WHEREAS, on December 17, 2008, pursuant to Resolution No. 2407-08, the Town Council adopted rules for the conduct of its meetings, and adopted revisions to said rules on September 18, 2013 pursuant to Resolution No. 3033-13; and on January 21, 2015 pursuant to Resolution No. 3165-15; and on July 15, 2015 pursuant to Resolution No. 3218-15; and on November 18, 2015 pursuant to Resolution No. 3246-15; and WHEREAS, at the Town Council Team Building meeting held on January 6, 2016, the Town Council directed staff to bring back to Council a resolution further amending said rules, specifically to amend Sections V.B. (Council Values and Interaction) and V.K. (Public Comment), and to make changes in accordance with the guidance provided by Council. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Windsor resolves as follows: Section I - This Resolution supersedes Resolution No. 3246-15, which is hereby rescinded. Section II - The following rules of conduct are adopted: I. MEETINGS I.A. REGULAR MEETINGS I.A.1 Time. Regular meetings of the Town Council shall be held on the first and third Wednesday of each month at the hour of 6:00 p.m. (unless there is a need for a closed session, workshops or study sessions which in such case may commence prior to 6:00 p.m. as a special meeting). Whenever the day fixed for any regular meeting of the Council falls upon a day designated as a holiday, the Council shall cancel or reschedule the meeting. I.A.2 Public Hearings. Scheduled public hearings shall be commenced at 6:00 p.m. or as soon thereafter as possible. I.A.3 Place. All regular meetings of the Council shall be held in the place designated by Ordinance No. 02-92. I.A.4 Public. All meetings of the Council shall be open to the public; however, the Town Council may hold Closed Sessions as provided by the laws of the State of California. 1 of 19 369 of 437 IA.5 Special Needs. Reasonable accommodations will be made for persons having special needs due to disabilities by contacting the Town Clerk prior to the meeting. I.B. SPECIAL MEETINGS. A special meeting may be ordered at any time by the Mayor whenever, in the opinion of the Mayor, the public business may require it or upon the written request of any three members of the Council. Whenever a special meeting shall be called, written notice of such meeting shall be delivered personally, or by any other means, by the Town Clerk to each member of the Council and to each local newspaper of general circulation and radio station requesting notice in writing. Such notice must be delivered at least twenty-four hours before the time of such meeting as specified in the notice. The order shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meetings by the Council. The written notice may be dispensed with as to any member of the Council who, at or prior to the time the meeting convenes, files with the Town Clerk a written waiver of notice. This written notice may also be dispensed with as to any member who is actually present at the time it convenes. The call and notice shall be posted at least twenty-four (24) hours prior to the special meeting in a location that is accessible to members of the public. I.C. ADJOURNMENT: ADJOURNED MEETINGS. The Council may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment. If a quorum is not present, less than a quorum may so adjourn. If all members are absent from any regular or adjourned regular meeting, the Clerk may declare the meeting adjourned to a stated time and place and shall cause a written notice of the adjournment to be delivered personally, or by any other means, to each Councilmember at least three (3) hours before the adjourned meeting. Copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the regular, adjourned regular, special or adjourned special meeting was held, within 24 hours after the time of adjournment. When a regular or adjourned regular meeting is adjourned as provided in this rule, the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting is to be held, it shall be held at the hour specified for regular meetings. I.D. EMERGENCY MEETINGS. The twenty-four hour notice and posting requirements for a special meeting may be dispensed with under the following emergency conditions: I.D.1 Work stoppage, crippling disaster, or other activity which severely impairs public health, safety, or both, as determined by a majority of the members of the Council. The one - hour notice requirements in the Brown Act, otherwise known as the Open Meeting Law, shall be followed. I.D.2 A crippling disaster, mass destruction, terrorist attack, or threatened terrorist activity that poses peril so immediate and significant that requiring the Council to provide one -hour notice may endanger the public health, safety or both, as determined by a majority of the members of the Council. 2 of 19 370 of 437 I.E. CLOSED SESSIONS. The Council may hold closed sessions during a regular or special meeting, or at any time otherwise authorized by law, to consider or hear any matter which it is authorized by state law to hear or consider in closed session, and may exclude from any such closed session any person or persons which it is authorized by state law to exclude from such closed sessions. Council will communicate, consistent with the Brown Act, on actions in closed sessions prior to taking action in open session. To the maximum extent possible, the Council agenda shall identify the subject matter and/or parties to existing or anticipated litigation to be discussed in closed session. In the event that the Town Attorney determines that a description beyond the "Safe Harbor" or recommended language of the Brown Act would be prejudicial to the Town's interests, the Town Attorney, in advance of the closed session, shall provide the Council with a confidential memo detailing the concerns that mitigate against a more specific agenda description. By way of example and not of limitation, such concerns might be that a more specific description could jeopardize the Town's ability to effectuate service on an unserved party or conclude settlement negotiations, or could disclose the identity of someone whose identity is subject to nondisclosure protection pursuant to applicable law. In addition to making required reports out at the conclusion of a closed session, for matters of Town -wide interest the Mayor shall make an additional report out at the outset of the next regular Council meeting, under Announcements. I.F. CANCELLATION. Any meeting of the Council may be canceled in advance by a majority vote of the Council. In the event that the Mayor and/or Vice Mayor are unable to cancel a meeting in the case of an emergency, the Town Manager is authorized to cancel such meeting. I.G. TELEPHONIC ATTENDANCE OF COUNCILMEMBERS AT COUNCIL MEETINGS. These Town Council provisions concerning Telephone Attendance shall apply to all Town Commissions and Committees as well as to the Town Council. It is recognized that telephonic attendance at meetings is less satisfactory than in -person attendance. Teleconferencing is an option to be used in very occasional circumstances, and not as a regular or frequent substitution for in -person attendance. In addition, at least a quorum of the Council must participate from a location within the Town. If these two threshold requirements are met, the Councilmember who will be appearing telephonically must ensure that: • The meeting agenda identifies the teleconference location and is posted at that location in an area that is accessible and visible 24 hours a day for at least 72 hours prior to the meeting (unless the meeting is a special meeting, in which case the posting referred to must occur for at least 24 hours prior to the special meeting). 3 of 19 371 of 437 • The teleconference location is open and fully accessible to the public, and fully accessible under the Americans with Disabilities Act, throughout the entire meeting. These requirements apply to private residences, hotel rooms, and similar facilities, all of which must remain fully open and accessible throughout the meeting, without requiring identification or registration. • The teleconference technology used is open and fully accessible to all members of the public, including those with disabilities. • The quality of the telephonic connection is such that Councilmember and members of the public can hear and be heard. Councilmember is responsible for verifying that the quality of the telephone connection will meet these criteria. • Members of the public who attend the meeting at the teleconference location have the same opportunity to address the Council from the remote location that they would if they were present in Council Chambers. • The teleconference location must not require an admission fee or any payment for attendance. Guidelines for Councilmembers: • A teleconferenced meeting shall comply in all respects with the Brown Act, including the requirement that all votes taken be by roll call. • One week advance written notice must be given by the Councilmember to the Town Clerk's office; the notice must include the address at which the teleconferenced meeting will occur, who is to initiate the phone call to establish the teleconference connection, and the phone number of the teleconference location. Cellular telephones are not recommended to be used to participate in teleconferenced meetings. • The Councilmember is responsible for posting the Council agenda in the remote location. The Town Clerk will assist, if necessary, by faxing or emailing the agenda to the address or fax number the Councilmember requests; however, it is the Councilmember's responsibility to ensure the agenda arrives and is posted. I.H. SELECTION OF MAYOR AND VICE MAYOR. The Council shall select one of its members as Mayor and one of its members as Vice Mayor in accordance with Government Code section 36801. I.I. CHAIR. The Mayor shall chair and preside over all Council meetings. In the Mayor's absence, the Vice Mayor shall serve as Mayor. In the event that the Mayor and Vice Mayor are both absent, refer to Section I.M. 4 of 19 372 of 437 The Mayor shall state every question coming before the Council, call for the vote, announce the decision of the Council on all subjects and decide all questions of order, subject, however, to an appeal to the Council, in which event a majority vote of the Council shall govern and conclusively determine such question of order. The Mayor shall sign all ordinances and other official actions adopted by the Council during the Mayor's presence. In the event of the absence of the Mayor, the Vice Mayor shall sign ordinances as then adopted. I.J. ATTENDANCE BY THE PUBLIC. Except as specifically provided by law for Closed Sessions, all meetings of the Council shall be open and public. All persons desiring to attend shall be permitted to attend any meeting. Comments from the public shall be restricted to three minutes in length unless additional time is specifically authorized by the Mayor. In the event any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of the meeting unfeasible and order cannot be restored by removal of the offending individual or individuals, the Council may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered during such session. Representatives of the press, unless participants in the disturbance, shall be allowed to attend such session, and nothing shall prohibit the Council from readmitting persons not responsible for the disturbance. I.K. AGENDA. In order to facilitate the orderly conduct of the business of the Council, the Town Clerk shall be notified no later than 11:00 a.m. on the Wednesday immediately preceding a regular Council meeting of all reports, communications, ordinances, resolutions, contract documents or other matters to be submitted to the Council at such meeting. Immediately thereafter, the Town Clerk shall arrange an agenda of such matters according to the order of business and furnish each member of the Council, the Town Manager, and the Town Attorney with a copy of the agenda prior to the Council meeting and as far in advance of the meeting as time for preparation will permit. The Town Clerk shall mark with the word "Consent" or identify with an asterisk those items on the agenda regarding which it can reasonably be expected that there will be no discussion by members of the Town Council, the Town staff or interested persons in the audience. The Council shall consider all of the items on the agenda marked "consent" at one time by vote after a motion has been duly made and seconded. If any member of the Town Council or Town staff requests that a consent item be removed from the list of consent items, such item shall be taken up for consideration and disposition in the order in which it is listed on the agenda. I.L. POSTING -- AGENDA. The agenda shall be posted at least 72 hours before all regular Council meetings. The agenda shall be posted on the designated Town Hall bulletin boards. 5 of 19 373 of 437 I.M. CALL TO ORDER. The Mayor, or in his/her absence, the Vice Mayor, shall take the chair at the hour appointed for the meeting, and shall immediately call the Council to order. In the absence of the Mayor or Vice Mayor, the Town Clerk shall call the Council to order whereupon a temporary chairperson shall be elected by the members of the Council present. Upon the arrival of the Mayor or Vice Mayor, the temporary chairperson shall immediately relinquish the chair upon the conclusion of the business immediately before the Council. II. ORDER OF BUSINESS II.A. The business of the Council at its meetings may be conducted in accordance with the following suggested order of business. Matters may be taken out of order with the unanimous consent of the Council: 1. CALL TO ORDER 2. TOWN COUNCIL ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. CHANGES TO THE AGENDA 5. REPORT OUT FROM CLOSED SESSION* 6. PRESENTATION(S)/PROCLAMATION(S) 7. ANNOUNCEMENTS 8. CONFLICT OF INTEREST DECLARATION 9. PUBLIC COMMENT 10. CONSENT CALENDAR (including approval of minutes) 11. PUBLIC HEARINGS (SET TIME CERTAIN) 12. REGULAR CALENDAR 13. MAYOR'S & COUNCILMEMBERS' REPORTS 14. TOWN MANAGER'S REPORT 15. ANNOUNCEMENT OF CLOSED SESSION TOPIC 16. REPORT OUT OF CLOSED SESSION 17. ADJOURNMENT 6 of 19 374 of 437 *This item will only appear when there was a closed session at the prior Council meeting. II.B. MATTERS NOT ON THE AGENDA. Members of the Town Council may take action on items of business not appearing on the posted agenda under any of the conditions stated below. II.B.1 Upon a determination by a majority vote of the Council that an emergency situation exists, as defined in Section 54965.5 of the Government Code; I1.8.2 Upon a determination by a two-thirds vote of the members of the Council present at a meeting, or, if less than two-thirds of the Councilmembers are present, a unanimous vote of those members present, that there is a need to take immediate action that the need for action came to the attention of the local agency subsequent to the agenda being posted; or II.B.3 The item was posted on an agenda for a prior Council meeting occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken. H.C. READING OF MINUTES. Unless the reading of the minutes of a Council meeting is requested by a member of the Council, such minutes may be approved without reading if the Clerk has previously furnished each member with a copy thereof. III. RULES OF CONDUCT Business shall be brought before the Council by motion in accordance with the following standards of conduct. III.A. OBTAINING THE FLOOR. Any Councilmember wishing to speak must first obtain the floor by being recognized by the Mayor. The Mayor must recognize any Councilmember who seeks the floor when appropriately entitled to do so. III.B. MOTIONS. At the Mayor's discretion, items on the agenda may be discussed before asking for a motion and second. The Mayor or any member of the Council may bring a matter of business before the Council by making a motion. Before the matter can be considered or debated, it must be seconded. Once the motion has been properly made and seconded, the Mayor shall open the matter for debate offering the first opportunity to debate to the moving party and, thereafter, to any Councilmember properly recognized by the Mayor. Once the matter has been fully debated and the Mayor calls for a vote, no further debate will be allowed, provided however, any Councilmember may be allowed to explain his or her vote prior to the vote being cast. III.C. VOTING. All Councilmembers present at a meeting when a question comes up for a vote, shall vote for or against the measure unless he/she is disqualified from voting and abstains because of such disqualification. If the vote is a voice vote, the Mayor shall declare the result and note for the record all "aye" votes and all "no" votes. The Council may also vote by roll call vote, ballot or voting machine. Regardless of the manner of voting, the results reflecting all "ayes" and "noes" must be clearly set forth for the record. 7 of 19 375 of 437 In the case of a tie in votes on any proposal, the proposal is considered lost. In such an instance, any member of the Council may offer a motion for further action. If there is no action by an affirmative vote, the result is no action. If the matter involves an appeal, and an affirmative vote does not occur, the result is that the decision appealed stands as decided by the decision -making person or body from which the appeal was taken. M.D. CONFLICTS. A member of the Council who has a conflict of interest regarding any matter being considered by the Council shall declare the conflict, state the reason for the conflict, and leave the room during the discussion of that particular agenda item, unless it is a Consent Calendar item. III.E. PROCEDURAL RULES OF ORDER. Once the main motion is properly placed on the floor, several related motions may be employed in addressing the main motion. These motions take precedence over the main motion, and if properly made and seconded, must be disposed of before the main motion can be acted upon. The following motions are appropriate and may be made by the Mayor or any Councilmember at any appropriate time during the discussion of the main motion. They are listed in order of precedence. The first three subsidiary motions are non -debatable; the last four are debatable. III.E.1. Subsidiary Motions III.E.1.1 Lay On The Table. Any Councilmember may move to lay the matter under discussion on the table. This motion temporarily suspends any further discussion of the pending motion without setting a time certain to resume debate. It must be moved and seconded and passed by a majority vote. In order to bring the matter back before the Council, a member must move that the matter be taken from the table, seconded and passed by a majority. A motion to take from the table must be made at the same meeting at which it was placed on the table or at the next regular meeting of the Council. Otherwise, the motion that was tabled dies, although it can be raised later as a new motion. III.E.1.2 Move Previous Question. Any Councilmember may move to immediately bring the question being debated by the Council to a vote, suspending any further debate. The motion must be made and seconded without interrupting the one who already has the floor. A two-thirds vote is required for passage. III.E.1.3 Limit or Extend Limits of Debate. Any Councilmember may move to put limits on the length of debate. The motion must be made and seconded and requires a two-thirds vote of the Council to pass. III.E.1.4 Postpone to a Time Certain. Any Councilmember may move to postpone the pending question to a time certain. This motion continues the pending main motion to a future date as determined by the Council at the time the motion is passed. The motion must be seconded and requires a majority vote for passage. III.E.1.5 Commit or Refer. Any Councilmember may move that the matter being discussed should be referred to a committee or commission for further study. The motion must be seconded and requires a majority vote for passage. The motion may contain directions for the committee or 8 of 19 376 of 437 commission, as well as a date upon which the matter will be returned to the Council's agenda. If no date is set for returning the item to the Council agenda, any Councilmember may move, at any time, to require the item be returned to the agenda. The motion must be seconded and a majority vote is required for passage if the item is to come back at a future date certain or a two- thirds vote if the item is to be immediately discussed by the Council at the time the motion to return is made. III.E.1.6 Amend. Any Councilmember may amend the main motion or any amendment made to the main motion. Before the main motion may be acted upon, all amendments and amendments to amendments must first be acted upon. A motion to amend must be seconded, and requires a majority vote for passage. An amendment must be related to the main motion or amendment to which it is directed. Any amendment which substitutes a new motion rather than amending the existing motion is out of order and may be so declared by the Mayor. III.E.1.7 Postpone Indefinitely. Any Councilmember may move to postpone indefinitely the motion on the floor, thus avoiding a direct vote on the pending motion and suspending any further action on the matter. The motion must be seconded and requires a majority vote for passage. III.E.2. Motions of Privilege, Order and Convenience. The following actions by the Council are to ensure orderly conduct of meetings and are for the convenience of the Mayor and Council. These motions take precedence over any pending main or subsidiary motion and may or may not be debated as noted. III.E.2.1 Call for Orders of the Day. Any Councilmember may demand that the agenda be followed in the order stated therein. No second is required and the Mayor must comply unless the Council, by a two-thirds vote, sets aside the orders of the day. III.E.2.2 Question of Privilege. Any Councilmember, at any time during the meeting, may make a request of the Mayor to accommodate the needs of the Council or the Mayor. Admissibility of question is ruled on by the Mayor. III.E.2.3 Recess. Any Councilmember may move for a recess. The motion must be seconded and a majority vote is required for passage. The motion is debatable. III.E.2.4 Adjourn. Any Councilmember may move to adjourn at any time, even if there is business pending. The motion must be seconded and a majority vote is required for passage. The motion is not debatable. III.E.2.5 Point of Order. Any Councilmember may require the Mayor to enforce the rules of the Council by raising a point of order. The point of order shall be ruled upon by the Mayor. IILE.2.6 Appeal. Should any Councilmember be dissatisfied with a ruling from the Mayor, he/she may move to appeal the ruling to the full Council. The motion must be seconded to put it before the Council. A majority vote in the negative or a tie vote sustains the ruling of the 9 of 19 377 of 437 Mayor. The motion is debatable and the Mayor may participate in the debate. III.E.2.7 Suspend the Rules. Any Councilmember may move to suspend the rules if necessary to accomplish a matter that would otherwise violate the rules. The motion requires a second, and a two-thirds vote is required for passage. III.E.2.8 Division of Question. Any Councilmember may move to divide the subject matter of a motion which is made up of several parts in order to vote separately on each part. The motion requires a second and a majority vote for passage. This motion may also be applied to complex ordinances or resolutions. III.E.2.9 Reconsider. Except for votes regarding matters which are quasi-judicial in nature or matters which require a noticed public hearing, any member of the Council with the prevailing may move for a reconsideration of that action at the same or next succeeding meeting to correct inadvertent errors or to consider new information not available at the time of the vote. The motion must be seconded and requires a majority vote for passage, regardless of the vote required to adopt the motion being reconsidered. If the motion to reconsider is successful, the matter to be reconsidered takes no special precedence over other pending matters, any special voting requirements related thereto still apply, and the actual reconsideration of the question shall be heard at the next regularly scheduled meeting. After the actual reconsideration of the question has been acted upon, no other motion for reconsideration thereof will be made without unanimous consent of the members present. In the case of a tie vote, the prevailing side of the Council will be deemed to be those Councilmembers who voted in the negative. III.E.2.10 Rescind, Repeal or Annul. The Council may rescind, repeal or annul any prior action taken with reference to any legislative matter so long as the action to rescind, repeal or annul complies with all the rules applicable to the initial adoption, including any special voting or notice requirements or unless otherwise specified by law. III.F. AUTHORITY OF THE MAYOR. Subject to appeal, the Mayor shall have the authority to prevent the misuse of the legitimate form of motions, or the abuse of privilege of renewing certain motions, to obstruct the business of the Council by ruling such motions out of order. In so ruling, the Mayor shall be courteous and fair and should presume that the moving party is making the motion in good faith. IV. ADDRESSING THE COUNCIL IV.A. ADDRESSING THE COUNCIL. Any person desiring to address the Council at a meeting shall first secure the permission of the Mayor to do so; provided, however, that under the following headings of business, any interested person shall have the right to address the Council upon obtaining recognition by the Mayor. Those wishing to address the Council shall limit their comments to three minutes. IV.A.1 Written Communications. Interested persons or their authorized representative may address the Council by written communication on any matters concerning the Town's business, or any matters over which the Council has control. To be considered for inclusion 10 of 19 378 of 437 on the agenda, such written communication shall be delivered to the Town Clerk no later than 11:00 a.m. of the Wednesday the week preceding the regular Council meeting for which such written communication is intended. Persons unable to stay or unable to attend the meeting can present written comments prior to or at the meeting to be entered into the record. IV.A.2 Town Councilmembers' Comments. Councilmembers who are not able to attend a particular Town Council meeting may submit written comments on the agenda items. The comments will be distributed on the dais to all Councilmembers and will not be read into the record. The Councilmembers' comments shall be submitted to the Town Manager and/or Town Clerk and distributed as soon as possible to the other Councilmembers. IV.A.3 Public Comments/Citizen Public Appearances. Interested persons in the audience or their authorized representatives may address the Council by oral communications on any items of interest to the public that are within the subject matter jurisdiction of the Council, provided the Council cannot take action on any item not appearing on the agenda unless action is authorized as described in Section 11.B. Such presentations shall normally be restricted to three minutes. The agenda shall inform the public that those wishing to speak on items on the consent calendar should advise the Council during public comment. The Mayor shall request, but under the Brown Act may not require, that the speaker provide his/her name and address for the record. IV.B. ADDRESSING THE COUNCIL AFTER MOTION MADE. After a motion is made by the Council, no person shall address the Council without first securing the permission of the Mayor to do so. IV.C. MANNER OF ADDRESSING COUNCIL. Each person addressing the Council shall come to the podium, if one is available, and will be asked to give his/her name and address in an audible tone of voice for the record. Per the Brown Act, the providing of his/her name and address shall not be a prerequisite for public comment by the speaker. All remarks shall be addressed to the Council as a body and not to any member thereof or to the audience. No person, other than the Council and person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the Mayor. No question shall be asked a Councilmember except through the Mayor. V. COUNCIL NORMS V.A. GENERAL To take courageous action when necessary to keep Windsor on the growing edge of well run, well managed innovative cities. Council provides leadership and participates in regional, state and national programs and meetings. 11 of 19 379 of 437 Council looks to commissions and committees for independent advice and some legislative actions. Other community leaders are included in the Town government system. There is extensive community participation and work on Town programs and documents. There are numerous meetings, other than regular Council meetings. Council stresses training for staff, Council, and Commission members. Councilmembers will inform the Town Clerk when they will be out of Town as early as possible and it will be put on the Council Calendar. Councilmembers get the same information as much as possible: citizen complaints, letters, background, etc. (everyone gets a copy of everything). Councilmembers will use technology to reduce amount of paper. They will return unwanted reports and documents to staff for distributing to the public or for recycling. As a Council, we conduct business in public as much as possible. V.B. COUNCIL VALUES, INTERACTION, AND MISSION STATEMENT The Council and Town Manager shall strive to be a participatory team. There is no expectation that they agree on issues, but all should strive to put the good of the community ahead of their personal interests and frustrations. Council envisions the future and makes progress on long-term goals. Councilmembers work together, not just in achieving goals, but in being mindful that the process in which Council works matters as well. Council should operate from the belief that each Councilmember's opinion is what that person believes is best for Windsor. All Councilmembers should keep an open mind. Councilmembers should commit to respectful disagreement and maintain decorum at the dais. Council's Mission Statement is to be responsible and thoughtful community leaders known for teamwork, vision and creativity. Councilmembers are expected to act with respect for one another as a person. Body language at the dais should reflect that respect as well as words and tone. They should listen to each other, to staff, and to members of the public, striving for those individuals to feel listened to. 12 of 19 380 of 437 If a significant disagreement between or among Councilmembers occurs, it is each individual's responsibility to initiate prompt resolution of problems and move on. Councilmembers may explain their vote prior to voting, but will refrain from explaining their vote after voting has taken place. Councilmembers will avoid airing cheap shots or negativity in newspapers, in public, or any time. They will avoid using their position on the dais to deliberately mislead the public about another Councilmember. Community traditions are respected, but not binding. Humor is valued as a sign of healthy group dynamics. V.C. COUNCIL PARTICIPATION ON SUBCOMMITTEES, BOARDS, COMMISSIONS AND JPAS Subcommittee areas, Boards, Commissions and Joint Powers Authorities (JPAs) belong to the whole Council; they are not seen as territorial. Subcommittees are responsible to keep the rest of the Council informed, and other members are responsible for letting subcommittee know if they want more information or to give input. Before subcommittees start moving in new direction, they will get direction from the rest of Council. Councilmembers will take seriously the responsibility of reporting to Council on subcommittees and other regional, state, and national board/agency/group activities they are involved in. Reports will be made in a noticed meeting under Council Reports when appropriate. Subcommittee memos will be sent on an interim basis to update other Councilmembers on: Issues being discussed Options being considered Progress Relationships are informal, but not casual in public --be aware of the impact on and perception of public. Councilmembers will be flexible in covering for each other in attending Board, Commission and JPA meetings. 13 of 19 381 of 437 V.D. COUNCIL INTERACTION AND COMMUNICATION WITH STAFF V.D.1 Town Manager Councilmembers should always feel free to go to the Town Manager. When a Councilmember is unhappy about a department, he/she should always talk it over with the Town Manager and/or the Acting Town Manager or Town Manager's designee, not the department head (Town Manager surfaces to Council any serious violations of this norm). Council sets policy, staff implements policy. There shall be no micro -managing the Town Manager. Council will also refrain from directing Town staff, except when giving direction to the Town Manager in their majority policy or evaluation roles. Concerns about staff must be taken to the Town Manager only. In passing along critical information, the Town Manager will call the Mayor and they will decide who should call the rest of the Council; in some cases, department heads will call Mayor directly. The Council will provide ongoing feedback, information, and perceptions to the Town Manager. Councilmembers should contact the Town Manager or his/her designee when a Councilmember is uncertain as to whom to call or where to go if an issue crosses department boundaries. V.D.2 Staff In General Per Municipal Code Section 1-4-195.a., the Town Council and its Members shall deal with the administrative services of the Town through the Town Manager, except for the purpose of inquiry, and neither the Town Council nor any Member thereof shall give orders or instructions to any subordinate of the Town Manager. Therefore, Council should deal with requests primarily through the Town Manager. However, informational requests by Councilmembers may be directed to Department Heads, copying the Town Manager. For extensive inquiries, Council will confer directly with the Town Manager. All information requested by Councilmembers which is not otherwise already easily available to the public shall be copied and distributed to all other Councilmembers. Council will always be informed by staff when an unusual event occurs that the public would be concerned about, i.e., anyone wounded by gunfire, are cordoned off by police or fire, etc. 14of19 382 of 437 The Council and staff will not blindside each other in public. If there is an issue or question a Councilmember has on an agenda item, that member will contact staff prior to the meeting. Staff will be treated with courtesy, including in open session. Inappropriate behavior includes derogatory comments to staff in private or public or communicating a derogatory response through body language. Council may express concerns about staff results to the Town Manager, but may not direct the Town Manager to hire, fire, or discipline employees. V.E. COUNCIL OPTIONS FOR KEEPING INFORMED Read Commission minutes in order to find out what is being worked on. Read documents on planning items. Town Manager will regularly publish status reports on Town's annual work program and the Town's financial condition. Councilmembers do their homework. V.F. MAYOR SELECTION Whoever wants a role, or does not want a role, has the responsibility to tell all other members in open session. So far, as possible, and until decided otherwise, Councilmembers will take turns as Mayor. The term shall be one year. Roles will be decided at the end of the year. This Council will not have a lock -step rotation system for selecting Mayor. Vice Mayor is not a natural ascendancy to Mayor. The Mayor and Vice Mayor are peers of, and serve at the pleasure of, the other Councilmembers. V.G. MAYOR'S ROLE The primary role of the Mayor is to run Council meetings, to preside and speak for the Town and Council at ceremonial events, and to sign documents on behalf of the Council. Each Mayor operates somewhat uniquely from past Mayors; the style in which he/she fulfills the role is defined by the person based on that person's unique style. 15 of 19 383 of 437 The Mayor will inform the Council of any official correspondence sent out to anyone in relation to Town business (this will be done within reason to balance paper -trail -overload, with keeping other Councilmembers informed of actions taken that are related to issues they are involved or concerned about). V.H. CITIZEN COMPLAINTS If Council was copied on a citizen complaint to staff, staff will attach its response to the copy of the letter received when sending to Council. If a Councilmember receives a complaint addressed directly to him/her, staff will, upon request, draft a response for the Councilmember's use. Council will be informed of telephone complaints directed to Council as well as those in writing. Council should not go on a hands -on -mode when something happens; it will be referred to staff (give staff time to respond). Responses to citizens are customized. If a Councilmember wants action based on a citizen complaint, he/she should go through the Town Manager's office to ensure it gets into the tracking system. V.I. PUBLIC MEETINGS Agendas • Mayor and Town Manager set the agenda. • Public hearings are held as required. • The Mayor will meet with the Town Manager to finalize the agenda and help decide what should go on the consent calendar. • Councilmembers may request items to be placed on a Council agenda by contacting the Mayor or Town Manager not later than 11:00 a.m. the Tuesday one week prior to the meeting. If two or more Councilmembers request an item to be placed on an agenda within the requisite time frame, the request will be granted. If only one Councilmember requests an item to be placed on an agenda, and the Mayor and/or Town Manager are of the opinion that the requested item is one that the full Council should consider r placing on the Council agenda, the request shall be made under the Future Agenda Items portion of the next Council meeting. • Councilmembers shall strive, when possible, to make their agenda item requests at a Council meeting under the Future Agenda Items portion of the Council agenda. 16 of 19 384 of 437 • Any Councilmember may request an agenda item under the Future Agenda Items portion of the Council agenda. If there is no objection, the request will be deemed submitted to the Town Manager for scheduling on a future agenda. If there is an objection to a request, the Councilmember shall make a motion to agendize the requested item for a future meeting. If the motion receives a second, the request will be deemed submitted to the Town Manager for scheduling on a future agenda. If the Councilmember believes that the requested item should be scheduled for a specific date, that should be stated as part of the request. • In requesting a future agenda item, Councilmembers shall consider the amount of staff time that may be necessary to present the item. Agenda items will pertain to appropriate Town business. Uncertain issues will be referred to the Town Attorney by the Mayor and Town Manager. Councilmembers will feel free to ask for continuance if enough time has not been available for that Councilmember to prepare; for example, if an agenda packet was not available 72 hours prior to the meeting. If a member is ill or away for any big or "personal" agenda item, the item can be tabled at the member's request unless it is a time sensitive, critical, controversial item. V.J. CONSENT CALENDAR There is a judicious use of the Consent Calendar, such as minutes, routine business, matters already approved in the budget, and items previously discussed by Council. If a Councilmember has a question on a Consent Calendar item for his/her information only, he/she is to ask staff ahead of time, rather than having it pulled off for discussion during the meeting. Councilmembers will inform the Mayor or Town Manager of items they wish to pull from the Consent Calendar to provide staff time for additional back up material to be available, as needed. If something is to be pulled, back up material will be made available. Staff is prepared to report on every staff report item. The Mayor works with the Town Manager to decide how much information needs to be disseminated at the meeting, based on Council, audience and specific item. There shall be no packing of the audience by individual Councilmembers for specific agenda items. Corrections to minutes are passed to the Town Clerk one day before the meeting. 17 of 19 385 of 437 V.K. PUBLIC COMMENT Required by law. Three -minute limit; enforced at Mayor's discretion. All done early in meeting. Councilmembers may ask staff to respond when appropriate. Options to be considered by the Mayor during times of high controversy. Speakers need not be repetitive. If they concur or disagree with what has already been said, they may give their name and address and add a short statement that they agree or disagree for public record. Alternatively, the Mayor will ask members in the room to raise their hand and signal agreement or disagreement. When public comment is made about items not agendized for the current meeting, Mayor should make it clear to the audience that Councilmembers are prohibited to respond to non- agendized items. Accordingly, Councilmembers should be mindful to not respond. The Mayor can survey the audience at any time, to then move agenda items up or back, to meet the audience concerns. Everyone is treated with courtesy, including in their use of body language. The public is treated equally; refer to citizens by surnames, etc.; there is familiarity with citizens (small town) which may interfere with process. V.L. MAYOR'S AND COUNCILMEMBERS' REPORTS AND TOWN MANAGER'S REPORTS The purpose of these items is to include reports requested and/or made by the Town Council and Town Manager. The Mayor allows other members to speak first and then gives his/her views and summarizes. Voting Attempts are always made to get consensus on each large issue. On split votes, after all the votes have been cast, the Mayor may afford each Councilmember the opportunity to briefly explain his/her vote. Once a vote is taken, Councilmembers will support the action taken; if a Councilmember wants it to be reconsidered, he/she will inform the Council. 18 of 19 386 of 437 There will be roll call votes on large, monetary issues, and when a divided Council is obvious. When any Councilmember believes something would be helpful during a meeting, he/she is free to suggest change in the procedure. The Council will rely on the Town Manager to direct appropriate staff people to attend Council meetings so that Council questions on agenda items can be addressed. Councilmembers will not be redundant if they concur with what has already been said. V.M. CLOSED SESSIONS IN GENERAL Council will receive written reports for Closed Session items as much as possible. These reports are to be turned in at the end of the closed session meeting. There will be no violation of Closed Session confidentiality. Councilmembers will not talk to affected/opposing parties or anyone else (press, etc.) regarding Closed Session items until a report on Closed Session is made. Confidentiality relates to any non-public discussion item. PASSED, APPROVED AND ADOPTED this 2nd day of March 2016, by the following vote: AYES: COUNCILMEMBERS FOPPOLI, OKREPKIE, SALMON, VICE MAYOR FUDGE, AND MAYOR MILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE ATTEST: a /6.. CJ DE LA 0, TOWN CLERK 19of19 387 of 437 CC/CDC-HA Agenda 2/21/2017 — Page 388 The following page(s) contain the backup material for Agenda Item: Discussion of San Diego Association of Governments' (SANDAG) Revenue Forecast associated with the November, 2016 Ballot Measure "A" - San Diego County Transportation and Environment Sales Tax. (City Manager) 388 of 437 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 21, 2017 AGENDA ITEM NO. ITEM TITLE: Discussion of San Diego Association of Governments' (SANDAG) Revenue Forecast associated with the November, 2016 Ballot Measure "A" - San Diego County Transportation and Environment Sales Tax PREPARED BY: , Leslie Deese, City Manager! DEPARTMENT: City Manager PHONE: [ 619.336.4240 APPROVED BY: EXPLANATION: At the February 7, 2017 City Council meeting, Councilmember Soteio-Solis requested that an item be placed on the February 21,2017 agenda for the Council to discuss SANDAG's forecast projections for Measure "A", a 0.5 percent or "half -cent" county sales tax for transportation repairs, public transit expansion, and open space preservation. The measure was on the November 8, 2016 Ballot and was defeated. FINANCIAL STATEMENT: ACCOUNT NO. IN/Al ENVIRONMENTAL REVIEW: [N/ ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: N/A BOARD / COMMISSION RECOMMENDATION: NIA ATTACHMENTS: No Attachments 389 of 437 CC/CDC-HA Agenda 2/21/2017 — Page 390 The following page(s) contain the backup material for Agenda Item: Discussion of City Council Resolution No. 2017-16, a "Resolution of the City Council of the City of National City in Support of Continuing to be a Community that Supports all Residents and Visitors", adopted on February 7, 2016. (Councilmember Rios) 390 of 437 Item # 02/21/17 DISCUSSION OF CITY COUNCIL RESOLUTION NO. 2017-16, A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY IN SUPPORT OF CONTINUING TO BE A COMMUNITY THAT SUPPORTS ALL RESIDENTS AND VISITORS", ADOPTED ON FEBRUARY 7, 2016. (Councilmember Rios) Attachments: 1. Resolution No. 2017-16 (Mayor Morrison's Version) — As Adopted 2. Proposed Resolution (Mayor Morrison's Version) — As Provided 3. February 7, 2017 Agenda Item in Support of Creating a Welcoming Community. (City Manager) 391 of 437 Mayor Morrison's Version (as adopted) RESOLUTION NO. 2017 — 16 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY IN SUPPORT OF CONTINUING TO BE A COMMUNITY THAT SUPPORTS ALL RESIDENTS AND VISITORS 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, 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 continue to be a City that serves and protects its residents and visitors with constitutional rights and due process. BE IT FURTHER RESOLVED that the City Council directs City departments and encourages 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. 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. [Signature Page to Follow] 392 of 437 Resolution No. 2017 — 16 Page Two 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 393 of 437 Mayor Marrison's Version (strike - out) RESOLUTION NO. 2017 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY IN SUPPORT OF CONTINU[NG TO BE CREATING A COMMUNITY FOR -THAT SUPPORTS ALL RESIDENTS AND VISITORS 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 f 3 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 continue to be a Welcoming City that serves and protects its residents und visitors with constitutional rights and due process. BE IT FURTHER RESOLVED that the City Council directs City departments and urges encourages 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. 394 of 437 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 7, 2017 AGENDA ITEM NO. 19 ITEM TITLE: A Resolution of the City Council in Support of Creating a Welcoming Community for All Residents PREPARED BY: Leslie Deese, City Manager PHONE: 619.336.4240 DEPARTMENT: City Manager 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 ,TTACHMENTS: 1) January 17, 2017 Agenda Item 2) Resolution 395 of 437 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: j Leslie Deese, City Manager; DEPARTMENT: City Manager PHONE: 619.336.4240 APPROVED BY: 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. INIA, ENVIRONMENTAL REVIEW: (NIf 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 .TTAC HM E NTS: 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 - Undocum-. -. ' ..s & Foreign Nationals 396 of 437 A'ITACHNEI I' 1 alliance l 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-protit organization ; is>; k) 26-1712 SS0 ,..;i WWW.ALIIANCESO.ORG 397 of 437 ailiance! 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, J r.'li.-once. Sar,'Diego is a La!dloinia non .ptofi[ organizat+or. 'or, ID 'I : 1: SO • J ts:,. 1I?c•rr. {7 E:1 1,2 WYYW.AWANCESIJ.ORG 398 of 437 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; 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. 399 of 437 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. 400 of 437 ATTACf IIvIENT 2 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 8a' 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: 1 401 of 437 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) 402 of 437 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 23rd day of November, 2016 E• � :. Murray Mayor of Seattle --- 3 403 of 437 LEt 10 jQt7 A COLLECTION OF CITY 6, COUNTY POL CiE5.TO:.PROTECT IMMIGRANTS FROM DISCRIMINATION ATION AND DEPORTATION LENAGIZABEP 1 ANGIE JUNCK j NWKI MARQIJEZ C'• N NTIZODU TI AUNTY E JA, DIZOVESIONS CPEMINA, LEGAL DIZOVISIONS 405 of 437 rib f'iy/i it • • 406 of 437 LOCAL OPTtONS FOP PROTECTING IMMIGRANTS In response to President-elect Donald Trurnp's promise to deport two to three million immigrants when hetakes 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 countieshave 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, 407 of 437 408 of 437 COUNTY &:JA:IL PROVISION 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 t,lje Oer.tf, st •ee• le 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. No 187(g) prograrn 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), focal law enforcement are indistinguishable from federal immigration authorities, and immigrants nay 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. I. No intergovernmental Service Agreement (I A) An IGSA is a contract between a local jail and ICE to detain immigrants in deportation proceedings. Many counties make money oftimmigration detention, although in some cases, the counties actually lose money and are subsidizing ICE. When a focal 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, se•e: www.eridisoiation.org/resourceslimmigration-detention! 409 of 437 NTY E JA OVISIONS 3 No detention or 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: httpsa/www.ilrc,org/imm igration-detainers-legal- update-october-2016 See a legal Memo with further analysis here: https : //www,iIrc.org/legal-analysis-immigration- detainers 4. General prohibitions- can 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. ',Zeal Policies i Practice I. "Effective Thursday, June 12, the Hennepin County Sheriffs 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. ii: •Effective immediately, we will no longer detain: individuals based solely on a federal immigration • detainer (orm 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 jur3'diction 'or federalagency may Oil be detained according to oiar current prefixal. ci Policies irt Practice i. No law ehforcement agency of the State of Oregen or . of any political_ subdivision -of the state shall use agency moneys, equipment or personnel forthe 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 irnmigration laws. ii. Officers shall not contact ICE or CBP for assistance ton the basis of a Suspect's or arrestee's:race, ethnicity,. national origin, or actual or suspected imMgration status. iii. Officers shall not prolong any stop in order to investigate immigration status or to allow CBE or ICE to investigate immigration status. 410 of 437 COUNTY 15. JAIL PROVISIONS 5. No ICE agents or officers in jails Although local law enforcementagencies have no obligation to assist ICE, IC.E agents often have unfettered access to detainees, databases, and in some tails 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 therm. 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. 6. 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 individualin 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 128552 of the Health and Safety Code if certified translations in those ' languages are made available to the local law enforcement agency at no cost. Real Policies in Practice i. Do not ask the detainee about his/her immigration status or place of birth_ ii. (Officers] may hot inquire about a person's civil irrimigration 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 trorn'any U.S. state or foreign country, government -issued 1Ds 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. 411 of 437 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. Qeat Practice Unless 3CE 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 given access to individuals orellowed to use County facilities for investigative interviews or other purposes, and County personnel shall not expend their time responding to ICE inquiries or.cemr onicating with ICE regarding individuals' incarceration status or release dates while on duty ii. 1. The department [shall not honor a civil immigration • detainer by (i) 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 City1unds 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 12 in the City and County of San Francisco unless such assistance is required by Federal or State statute, regulation, or court decision. .. 412 of 437 413 of 437 IMINA PRAY 1. Provisions to Drotect Equal flights for Immigrants ill Criminal Coin 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. E. Criminal Gout 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 SlONS Pea( Policies in Practice Any inmate who has bondable charges upon admission shalt be allowed to post bond to secure his or her release. An immigration detainer request or an adrritnistrative warrant shall not inhibit an inmate's ability to post bond. ii. Inmates with an ICE detainer will be sent to court for their commitment charge(s) as a straightkout court appearance. In the event all local charges are disposed of, the inmate will not be returned to the Correctional facilities. Neither the Illinois Department of Corrections.noi any other State of lilinbis 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. It isthe policyof the King County Superior Court that warrants for the arrest of individuals based on their immigration status shall not be executed Within any of the King.CountySuperior 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 satetyis at immediate risk. Procedural prdtections: Stup 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:/limmdefense.orglwp- content/uplo ads12011/11l1DP_Jud icial I,nq ui ry_Into_Stat us_Jan20111.pdf See also*. http//vvww immdefense org/wp- content/uploads/2011/11/postpadillaFlNALNov2011.pdf 414 of 437 CPIMiNAL LEGAL PCVISIONS 3. Criminal Defenders Criminal defenders have a. constitutional duty underthe 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 immigration consequences and when consistent with the goals of the defendant shall defend against those consequences, Sample model: tnmrw. ilrc. org/s iies/default/filesiresources/protocots_for_e nsuring_effective_defense of_noncitizen_defendants_in _ca_oct_2015.pdf Peal Policie 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 a just resolution. Real Poli in Practice Sample guidance can be found here: https:llvww.ilrc org/sites/defaultifiles/resources/ice visa basics_for_law enforcemenr:pdf When advocating with law enforcement, this guidance from DHS may be helpful: https://www.dhs.gov/xlibrary/assets/dhs_u_visa_certific ation_guide.pdf 415 of 437 •�� �+�✓1. �YA//!N ' NKlld f NI/NNx y r� il ;�-4 I i it Ills illlil1111�111� 1 Il�� // ��� y(�/ / c `✓a � �iF'(�jil��ll�l 's� � i/�y/(krl.: r � .;�t � i;� . 416 of 437 CITY PROVISIONS in addition to interactions with 10E 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 dear that city agencies and departments, including local police, should not solicit information about immigration status. 3. Prohibition on NCIO Inurtigration Arrest 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 ernployee of the City and County of San Francisco shall use any City furids or resources to assist in the enforcement of •Federal immigration law 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 taws. 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, U. Except as otherwise provided under applicable federal lain, no agent or agencyshail 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. Real 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 417 of 437 4. Prohibition on joint operations with IGE 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 thew resources to federal law enforcement for the investigation of civil immigration matters. 5. Nomolds and no notifications of release ate 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 indilduals 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. Practice i. Members are not permitted to accept requests by ICE or other agencies to support or assist in immigration enforcement operations, inciuding 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 cot'nmand. ` 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. lleal Polio es Eractice i_ If a CCPD arreStee;recetves an ICE detainer request, it ishoutd be attachedto 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 withotif documentation indicating a Federal . Probable Cause hearing has occurred.. 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 shaiL..while.on duty, expend their time responding to ICE inquiries or communicating with ICE regarding a person's custody status or release date. 418 of 437 C•ITV 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 all 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.3 in the world, where one -out -of -five of the Giry's residents is an immigrant, has been built on the. strength of its immigrant communities. The City Council finds that the cooperation of ail 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 for a crime rs important to promoting the safety of aliits 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 419 of 437 420 of 437 T H E P THINGS GITIES AND COUNTIES GAN DO in addition to the policies listed above, cities can take 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 Cityagencies and law enforcement cannot withhold services based on several identities, including ancestry, race, ethnicity. national origin; color, age, sex, sexual orientation, gentler 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 implernent agency -specific language assistance plans regarding LEP persons. • Establish a fund for appointed representation of individuals in deportation proceedings. Chicago Legal Protection Fund • 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 ail 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;llw►vw.nilc.org/wp- contentfupfoadsf2016/121Modof-Campus-Safe- Zones-Language-K12-countrywide-2016-12.pdf 421 of 437 422 of 437 P....114..0,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. COUN - II.: € r ap Sheri • 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 leave many names • Doesn't exist in many states • Likely controls county budget or oversees county- wide agencies C01114 COUnCii 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 jcannot be overruled by a city -level law • Sheriffs are often elected by the people of I the county, but not i always. • May be elected or appointed •Usually elected by all the residents of the county 423 of 437 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 governingbody 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 adedition, the city goverment will also control the police budget, which can be an important wedge. Type of Power -.a Jurisdiction 1' lecten or .. nppointed ftialti*Cliterire n issloner • Police can make arrests, search, and detain people • Chief is the bead 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) police 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 or or • 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 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 jurisdiction's structure is different! These charts describe common authorities and powers of city government and law enforcement 424 of 437 ri 425 of 437 D DITIcNAL IESOUGES 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 CONTA:C' 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, pleases email: Lena :Graber (lgraber c@ilrc.org), Angie Junck (ajunck a@ilrc.org) or " Nikki Marquez (nrtmarquez@iirc org) with "[Local Options Reso.urce,'" included in the subject line of your request. 426 of 437 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." 427 of 437 ATTACHMENT 5 POLICE DEPARTMENT OPERATING PROCEDURE NO. 053 PATROL PAGE 1 OF 8 ORIGINAL DATE: 12/13/90 REVISED DATE: 03/21/2007 SUBJECT: 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 undocumented 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. 428 of 437 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 WHERE BORDER PATROL INVOLVEMENT IS NOT AUTHORIZED A. Officers will not detain undocumented persons for CBP/Border Patrol under the following conditions: l . 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. 429 of 437 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 (ARJIS-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 CBPBorder 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. 430 of 437 POLICE DEPARTMENT OPERATING PROCEDURE UNDOCUMENTED PERSONS & FOREIGN NATIONALS NO. 053 PATROL PAGE 4 OF 8 (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 he 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 (ARMS-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. 431 of 437 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 identification 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 432 of 437 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. 433 of 437 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. 434 of 437 POLICE DEPARTMENT OPERATING PROCEDURE UNDOCUMENTED PERSONS & FOREIGN NATIONALS NO. 053 PATROL PAGE 8 OF 8 Guidance and assistance regarding Diplomatic and Consular Itmnunity may also be obtained from the International Liaison Unit of the San Diego Sheriff's Department, by calling: (619) 531-4045. ADOLFO tONZALES, 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 435 of 437 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 71% 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 the 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 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. 436 of 437 Resolution No. 2017- Page Two 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. 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 437 of 437